09-25-95 Council Meeting Minutes

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REGULAR MEETING SEPTEMBER 25, 1995 parking next to the church. Council Member Zakrzewski made a motion to recommend this bill to the Council favorable, seconded by Council Member Duda. The motion carried. BILL NO. 54 -95 A BILL TO VACATE THE FOLLOWING PROPERTY - THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY NORTH OF STATE ROAD 23 FROM THE EAST RIGHT -OF -WAY LINE OF N. BURNS STREET TO THE WEST RIGHT -OF -WAY LINE OF THE FIRST NORTH -SOUTH ALLEY EAST OF N. BURNS STREET FOR A DISTANCE OF APPROXIMATELY 118 FEET AND A WIDTH OF APPROXIMATELY 10 FEET. PART SITUATED IN HARTMAN AND MILLER'S PLAT IN THE CITY OF SOUTH BEND, INDIANA BILL NO. 55 -95 A BILL TO VACATE THE FOLLOWING PROPERTY - THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY NORTH OF STATE ROAD 23 FROM THE EAST RIGHT -OF -WAY LINE OF N. DUEY STREET TO THE WEST RIGHT -OF -WAY LINE OF THE FIRST NORTH -SOUTH ALLEY EAST OF N. DUEY STREET FOR A DISTANCE OF APPROXIMATELY 118 FEET AND A WIDTH OF APPROXIMATELY 10 FEET. PART SITUATED IN HARTMAN AND WOODWORTH'S PLAT IN THE CITY OF SOUTH BEND, INDIANA Council Member Puzzello made a motion to continue Bill Nos. 54 and 55 -95, at the request of the petitioner, to October 9, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 60 -95 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1ST NORTH /SOUTH ALLEY SOUTH OF OAK PARK DRIVE, RUNNING SOUTH FROM OAK PARK DRIVE FOR A DISTANCE OF APPROXIMATELY 150 FEET TO THAT PART OF THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, ALL IN "WOODED ESTATES," IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, 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 Puzzello reported that the Public Works and Property Vacation Committee had met on this bill and recommended it to the Council favorable. Kenneth Fedder, attorney, made the presentation for the bill. He indicated that previously the Council had vacated the north south alley and his clients are petitioning to vacate this 150 x 20 foot alley south of Oak Park, in order to establish a restaurant at this location. He indicated the Board of Public Works had given this vacation a favorable recommendation. Dawn Forsythe, 1311 N. Ironwood, indicated they were in the process of building a garage on this alley. Ray Schmidt, 1303 Ironwood spoke against the closing of this alley. Donna Schmidt, 1303 Ironwood, indicated it makes no sense that you could get a building permit for a garage and then shut off the entrance. Attorney Fedder suggested this matter be delayed until this problem is resolved. Council Member Luecke made a motion to continue public hearing on this bill Until October 9, seconded by Council Member Duda. The motion carried. BILL NO. 48 -95 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE COLLEGE FOOTBALL HALL OF FAME FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1995 AND ENDING DECEMBER 31, 1995 INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT, AND ESTABLISHING CERTAIN ENTERPRISE FUNDS 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 Luecke made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Kelly. The motion carried. Council Member Luecke reported that the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable. Bernie Kish, Director of the Hall of Fame, made the presentation for the bill. He indicated revenue for the rest of the year is estimated at $692,940 and expenses at $655,000. He indicated that during the first four weeks they have had 6,000 per week visiting the facility. He indicated they were projecting 68,000 will visit by the end of the year. He reported that thus far people from 44 states and 11 foreign countries have toured the Hall. Council Member Kelly made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Luecke. The motion carried. BILL NO. 49 -95 A BILL AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA BY AMENDING SECTION 21 -18, ENTITLED "C" COMMERCIAL DISTRICT; USES PERMITTED 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 Luecke made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Kelly. The motion carried. Council Member Puzzello 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 Common Council was the petitioner of this proposed bill, which will prohibit the establishment of any adult business within five hundred (500) feet of any legal residential use. He indicated Area Plan sends this petition to the Common Council with a favorable recommendation. Council Member Puzzello made the presentation for the bill. She indicated this bill would eliminate adult businesses within 500 feet of a residence of any kind. John Broden, deputy city attorney, indicated they are numerous residences throughout the City in zonings other than "A" or "B" residential. He indicated this would not apply to the adult business on South Main Street. Ron Marciniak, Chief of Police, indicated that many communities are starting to establish ordinances for quality of life in neighborhoods. He indicated this type of business brings many other types of crime as well as out of county people into the City. Joe Sergio, from