05-08-95 Council Meeting Minutes

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REGULAR MEETING Ann Puzzello, 4th District ATTEST; Irene K. Gammon, City Clerk MAY 8, 1995 Loretta Duda, At Large Eugene Ladewski, At Large Joseph E. Kernan, Mayor Kathleen Cekanski - Farrand, Council Attorney A public hearing was held on the resolution at this time. Council President Ladewski presented the resolution. He indicated he issuance of the stamp would commemorate the tragedy, as well as memorialize those who died, as well as the rescuers. Steve Weiger, President of the local Firefighters' Union indicated that firefighers throughout the United States would support this resolution. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Washington. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 95 -31 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING THE BETHEL PILOTS FOR WINNING THE NAIA DIVISION II, NATIONAL CHAMPIONSHIP FOR 1995 Council Member Luecke made a motion to continue this resolution until May 22, seconded by Council Member Coleman. The motion carried. REPORT OF CITY OFFICES Phil St. Clair, Superintendent of Parks, discussed their annual report, a copy of this report had been given to the Council. He indicated they were planning 16 million dollars worth of capital improvements over the next few years. Council Member Coleman made a motion to resolve into the Committee of the Whole, seconded by Council Member Washington. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on at 7:25 p.m., with eight members present. Chairman Washington presiding. BILL NO. 16 -95 A BILL AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT 3822 LINCOLNWAY WEST IN THE CITY OF SOUTH BEND, INDIANA This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Coleman reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. John Byorni, Area Plan, reported that the petitioners were requesting this zoning for a car rental and sales facility. He described the surrounding area. He reported that the Area Plan Commission gave this zoning a favorable recommendation. Anthony Zappia, attorney, indicated that Budget Rent a Car is presently zoned "C" and "B" residential, and they were requesting a "C" commercial for the entire site. He indicated the car rental has been at this location since 1986; the area is highly commercialized to the North; and the single family residence in the area has not objection to this zoning. He indicated the total cost of the project would be $20,000. t-�uncil Member Zakrzewski made a motion to recommend this bill to the Council favorable, seconded by Council Member Kelly. Council Member Luecke indicated he supported this zoning with a buffer at the rear of the property. The motion carried. BILL NO. 19 -95 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 21 "ZONING" OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND PROHIBITING THE SALE OF FIREARMS AND AMMUNITION UNDER THE CITY'S PLANNING AND ZONING POWERS This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Coleman reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable, as amended. Council Member Zakrzewski made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Coleman. The motion carried. John Byorni, Area Plan, said this was a Common Council initiated petition. He indicated this bill proposes that any gunsmith shop that did not exist before April 1, 1994, cannot be located within 200 feet of a school, child care center or child care ministry. He said the Area Plan Commission sends this to the Council with a favorable recommendation. Council Member Kelly made the presentation for the bill. He indicated that a gun shop was going to open across from Lincoln School, and there was no stipulation in the Code against this establishment. He indicated this bill would establish a distance of 200 feet of a school or day care facility. He indicated he wished it had to be further than 200 feet, however, we cannot exceed State law. He thanked the Lincoln School parents for their efforts and