04-26-93 Council Meeting Minutes

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, ' e e� v.. REGULAR MEETING APRIL 26, 1993 BILL NO. 23 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, VACATING THE FIRST NORTH -SOUTH ALLEY WEST OF SOUTH LAFAYETTE FROM THE NORTH RIGHT -OF -WAY LINE OF WEST BROADWAY TO THE SOUTH RIGHT -OF -WAY LINE OF WEST STULL AND VACATING THE FIRST EAST -WEST ALLEY NORTH OF WEST BROADWAY FROM THE EAST RIGHT -OF -WAY LINE OF SOUTH FRANKLIN TO THE FIRST NORTH -SOUTH ALLEY EAST OF SOUTH FRANKLIN. 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 Slavinskas reported that the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorable. Ann Kolata, Deputy Director of Economic Development, made the presentation for the bill. She indicated they were requesting this vacation for Murdock and Sons Construction to allow for the development of this site. Council Member Slavinskas made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 28 -93 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: CEDAR STREET, FROM NOTRE DAME AVENUE RUNNING WEST TO ST. LOUIS BOULEVARD, FOR A DISTANCE OF APPROXIMATELY 756 FEET. Council Member Luecke made a motion to continue this bill until May 10, at the request of the petitioner, seconded by Council Member Coleman. The motion carried. BILL NO. 32 -93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA TO ADD A NEW CHAPTER, CHAPTER 4.5, ENTITLED: "LIMITATIONS ON THE GROWTH AND EXPANSION OF CERTAIN BUSINESS WITHIN THE CITY OF SOUTH BEND, INDIANA AND PROVIDING THE RIGHT TO REMONSTRATE IN CONNECTION THEREWITH. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mayor Joseph Kernan made the presentation for the bill. He indicated this bill mirrored language contained in House Bill 732. He indicated there was a similar bill that will have public hearing at the Mishawaka Council meeting next week. He indicated that the pros and cons of legislation has to be weighed before it is passed. He indicated this bill, as well as HB 732, was arbitrary, it was bad economic development policy, it is deceptive and it is illegal. He asked that this bill be stricken. Council Member Coleman made a motion to strike this bill, seconded by Council Member Kelly. The motion carried. Council Member Luecke made a motion to rise and report to the Council, seconded by Council Member Coleman. The motion carried. ATTEST: Ci y Clerk REGULAR MEETING RECONVENED Tmm4Cm. Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 9:25 p.m. Council President Luecke presided, and nine members were present. BILLS, THIRD READING ORDINANCE NO. 8370 -93 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT NORTH SIDE OF THE T- INTERSECTION OF HOPE AVENUE, BENTLEY AVENUE AND PATTY LANE, PORTAGE TOWNSHIP, IN THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Zakrzewski made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Coleman. The motion carried. Council Member Coleman made a motion to pass the bill, as amended, seconded by Council Member Zakrzewski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8371 -93 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, VACATING THE FIRST NORTH -SOUTH ALLEY WEST OF SOUTH LAFAYETTE FROM THE NORTH RIGHT -OF -WAY LINE OF WEST BROADWAY TO THE SOUTH RIGHT -OF -WAY LINE OF WEST STULL AND VACATING THE FIRST EAST -WEST ALLEY NORTH OF WEST BROADWAY FROM THE EAST RIGHT -OF -WAY LINE OF SOUTH FRANKLIN TO THE FIRST NORTH -SOUTH ALLEY EAST OF SOUTH FRANKLIN. This bill had third reading. Council Member Coleman made a motion to pass the bill, seconded by Council Member Duda. The bill passed by a roll call vote of nine ayes. RESOLUTIONS Council Member Coleman made a motion to combine public hearing on the next two resolutions, seconded by Council Member Zakrzewski. The motion carried.