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BILL NO. 118 -88 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
<br />REPEALING ORDINANCE NO. 7343 -84 AND AMENDING ORDINANCE NO.
<br />4990 -68, AS AMENDED BY ESTABLISHING NEW HISTORIC DISTRICT
<br />BOUNDARIES FOR THE LINCOLNWAY EAST HISTORIC DISTRICT.
<br />Council Member Soderberg, sponsor for the above bill, withdrew Bill No. 118 -88.
<br />BILL NO. 17 -89 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE
<br />SOUTH SIDE OF WILSON ST., 123 FEET EAST OF THE CENTERLINE OF
<br />IRONWOOD DRIVE IN THE CITY OF SOUTH 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. Council Member Voorde made a
<br />motion to accept the substitute Verson of Bill No. 17 -89, seconded by Council
<br />Member Coleman. Kevin Joyce, Area Plan Commission gave the staff report, which was
<br />favorable. Richard Morgan, 100 N. Michigan St., made the presentation on the
<br />bill. He indicated that the petitioners, Garden Homes by E.L. Inc. are requesting
<br />a zone change from "A" Residential and "B " Residential, "A" Height and Area to
<br />"A -1" Residential, "C" Height and Area, to allow for the construction of six duplex
<br />condominiums. Council Member Soderberg made a motion to recommend this bill to the
<br />favorable, seconded by Council Member Coleman.
<br />BILL NO. 30 -89 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1ST
<br />EAST -WEST ALLEY SOUTH OF MISHAWAKA AVENUE RUNNING EAST FROM 21ST
<br />STREET TO THE INTERSECTION OF THE 1ST NORTH -SOUTH ALLEY RUNNING
<br />FROM MISHAWAKA AVENUE TO VINE STREET, FOR A TOTAL DISTANCE OF
<br />133 FEET MORE OR LESS.
<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. Bruce Metzger, 922 S. 21st
<br />St., made the presentation on the bill. He indicated that the purpose of the
<br />vacation of the real property is to eliminate the hazard to children residing in
<br />the area, caused by motor vehicle traffic using the right -of -way at dangerous and
<br />excessive speeds and to improve the property so as to eliminate dust, standing
<br />water and mud all of which are detrimental to the health of residents and injurous
<br />to the abutting properties. Jean Metzgar, 922 S. 21st St. spoke in favor of the
<br />bill. She reiterated the safety of the children. Scott Perry, 918 S. 21st, spoke
<br />in favor of the bill. He indicated that the alley is being misused. Rhonda
<br />Wetstone, 925 S. 21st St., spoke in favor of the bill. She stated that there is an
<br />excess amount of traffic traveling down the alley. She indicated that at one time,
<br />she had been hit by a car driving down the alley. Sheldon Maxey, 921 21st St.,
<br />spoke in favor of the bill. He indicated that I.U.S.B. uses the alley and safety
<br />is a problem. Joe Janowski, 923 S. Ironwood, spoke opposed to the bill. Bert
<br />Prawat, Assistant Fire Chief spoke opposed to the bill. He indicated in a letter
<br />addressed to Council Attorney Kathleen Cekanski - Farrand, that the Fire Department
<br />requires proper fire lanes for firefighting purposes. He stated that the vacation
<br />of this alley would not be favorable to the Fire Department in the event of a fire
<br />at the house which is located on the south east portion of the alley intersection.
<br />Shirely Hughes, owner, rental properties at 925 S. Ironwood spoke opposed to the
<br />bill. She expressed her concern for emergency vehicles entering and exiting from
<br />her apartments. Judy Stebenik, 16555 Gerald St., Granger, spoke opposed to the
<br />bill. She stated that she lived in the apartments at 925 S. Ironwood. She
<br />indicated that emergency vehicle would not be able to turned around if the alley is
<br />to be vacated. Mona French, 928 S. Ironwood, spoke opposed to the bill. She
<br />indicated that emergency vehicles would have to back out onto two busy streets,
<br />Ironwood and Mishawaka Av. Council Member Voorde made a motion to recess for five
<br />minutes, seconded by Council Member Coleman. The motion carried. Council
<br />President Puzzello, reconvened the meeting. Council Attorney Kathleen
<br />Cekanski - Farrand, read into the record state law 36- 7 -3 -13 Vacation proceeding;
<br />filing of remonstrances and objections; grounds. Sec. 13. A remonstrance or
<br />objection permitted by section 11 or 12 of this chapter may be filed or raised by
<br />any person aggrieved by the proposed vacation, but only on one (1) or more of the
<br />following grounds: (1) The vacation would hinder the growth or orderly development
<br />of the unit or neighborhood in which it is located or to which it is contiguous.
<br />(2) The vacation would make access to the lands of the aggrieved person by means of
<br />public way difficult or inconvenient. (3) The vacation would hinder the public's
<br />access to a church, school, or other public building or place. (4) The vacation
<br />would hinder the use of a public way by the neighborhood in which it is located or
<br />to which it is contiguous. Mr. Bruce Metzger, 922 21st. St., petitioner for the
<br />alley vacation requested that Bill No. 30 -89 be continued to May 10, 1989. Council
<br />Member Coleman made a motion to continue Bill No. 30 -89 to May 10, 1989 at 5:30
<br />p.m. in the Council Caucus Room or Council Chambers which ever is available solely
<br />for the purpose of continuation of Bill No. 30 -89 in the Council portion, seconded
<br />by Council Member Voorde.
<br />BILL NO. 32 -89
<br />A BILL AMENDING ARTICLE
<br />3 OF CHAPTER 4 OF
<br />THE MUNICIPAL CODE OF
<br />THE CITY OF SOUTH BEND,
<br />INDIANA, COMMONLY
<br />KNOWN AS "LICENSES"
<br />BILL NO. 33 -89
<br />A BILL AMENDING ARTICLE
<br />4 OF CHAPTER 4 OF
<br />THE MUNICIPAL CODE OF
<br />THE CITY OF SOUTH BEND,
<br />INDIANA, COMMONLY
<br />KNOWN AS "LICENSES."
<br />This being the
<br />time heretofore set for public hearing on the
<br />above bill, proponents
<br />and opponents were given an opportunity to
<br />be heard. Council Member Zakrzewski
<br />
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