|
REGULAR MEETING
<br />ATTEST:
<br />City Clerk Mayor
<br />APRIL 23, 1990
<br />A public hearing was held on the resolution at this time. Loretta Duda,
<br />Councilman -at -Large made the presentation on the bill. She stated that on April 1,
<br />1990, the Bureau of the Census officially launched the 21st census count in the
<br />Nation's history. Laurel Dearborn, Local Director of the Census Bureau, spoke in
<br />favor of the resolution. Council Member Coleman made a motion to adopt this
<br />resolution, seconded by Council Member Slavinskas. The resolution was adopted by a
<br />roll call vote on nine ayes.
<br />REPORTS OF CITY OFFICES
<br />Joseph Agostino, Director, South Bend Water Works, stated that over the weekend of
<br />April 21 and 22 1990 there was a water main break in the 700 block of W. Washington
<br />Street. He stated that this was caused due to a fatigued pipe that was installed
<br />in the 1890's. He indicated that due to heavy traffic on the street is caused the
<br />water main to blew and it took a good portion of the street. He stated that if any
<br />of the city residents are experiencing rusty water they should call the South Bend
<br />Water Works at 284 -9322.
<br />BILLS THIRD READING
<br />BILL NO. 4 -90 SECOND READING ON A BILL AMENDING THE ZONING ORDINANCE FOR
<br />PROPERTY LOCATED AT 710 EAST COLFAX AVENUE IN THE CITY OF SOUTH
<br />BEND, INDIANA.
<br />This being the time heretofore set for public hearing on the above bill, proponents
<br />and opponents were given an opportunity to be heard. Kevin Joyce, Area Plan, gave
<br />the staff report. He also indicated that the petitioner has been allowed to
<br />operate since they have filed a petition to rezone. John Peddycord, Attorney, 300
<br />N. Michigan St. made the presentation on the bill. He stated that the petitioner
<br />is asking for a zone change to allow for an accounting /bookeeping office for
<br />Rainbow International Carpet Dyeing & Cleaning company. He stated that no general
<br />use of cleaning and /or dyeing will be done at this location. He also indicated
<br />that the petitioner is willing to put a covenant commitment on the bill. It is
<br />stated as follows: Commitment Regarding Use and Development of Real Estate: James
<br />J. Crimmins, and Mary Sue Crimmins, 513 Marquette Avenue, South Bend, Indiana
<br />46628, hereinafter referred to as "Owners ", being the fee title owners of record of
<br />certain real estate commonly described as 710 East Colfax Avenue, South Bend,
<br />Indiana, the legal description for which is attached hereto, marked Exhibit "A ",
<br />and made a part hereof, and having filed a Petition to rezone said property on
<br />February 7, 1990, with the Common Council of the City of South Bend and the Area
<br />Plan Commission of St. Joseph County to rezone the said property from a "B"
<br />Residential District to a "C" Commercial ", "B" Height and Area District, which
<br />Petition is now pending before the Common Council of the City of South Bend, do
<br />hereby make, pursuant to I.C. 36 -7 -4 -613, the following commitments concerning the
<br />use and development of said real estate as an expressed condition of the proposed
<br />rezoning of said property from a "B" Residential District to a "C" Commercial, "B"
<br />Height and Area District by the Common Council of the City of South Bend:
<br />1. The Owners agree to limit the use of the property to be rezoned for the
<br />specific use as an accounting, bookkeeping and sales office for Rainbow
<br />International, Inc. or its successors, including employee and /or customer
<br />parking, and to specifically develop said parcel of real estate in accordance.
<br />with the terms and provisions of a written site development plan, a copy of
<br />which is attached hereto, marked Exhibit "B" and made a part hereof;
<br />2. The Owners further agree that, as provided in I.C. 36 -7 -4 -613, unless modified
<br />or terminated by the Area Plan Commission of St. Joseph County and /or the South
<br />Bend Common Council, this commitment is binding on them as Owners of the
<br />parcel, and each subsequent owner, and each other person acquiring an interest
<br />in the parcel;
<br />3. The Owners agree that this commitment shall be recorded in the office of the
<br />St. Joseph County Recorder and a file - marked copy of the recorded commitment
<br />shall be furnished to the South Bend Common Council, the Area Plan Commission
<br />of St. Joseph County and all property owners of record located within three
<br />hundred feet (300') of the Petition property, the Owners further agree that
<br />these commitments shall take effect upon the adoption of an amendment to the
<br />South Bend Zoning Ordinance by the South Bend Common Council in accordance with
<br />- the Owners' Petitioned to rezone;
<br />4. The Owners further agree that this commitment may be modified or terminated
<br />only by a decision of the Area Plan Commission of St. Joseph County and /or the
<br />Common Council of the City of South Bend, made at a public hearing after notice
<br />has been given by their rules as provided in I.C. 36 -7 -4 -613;
<br />5. The Owners agree that these commitments shall be enforceable by an action in
<br />either law or equity by the City of South Bend, the Common Council of the City
<br />of South Bend, the Area Plan Commission of St. Joseph or by one or more
<br />property owners located with three hundred feet (3001) of the petitioned
<br />property and /or the successors and assigns of said property owners, said
<br />property owners being a class of specially affected persons entitled to enforce
<br />
|