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HomeMy WebLinkAbout08-10-92 Council Meeting Minutes4987 REGULAR MEETING AUGUST 10, 1992 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, August 10, 1992, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Luecke, Washington, Kelly, Puzzello, Slavinskas, Zakrzewski, Duda, Coleman and Ladewski Absent: None REPORT FROM THE SUB- COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the July 27, 1992, meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Stephen Luecke /s /Loretta Duda Council Member Coleman made a motion that the minutes of the July 27, meeting of the Council be accepted and placed on file, seconded by Council Member Washington. The motion carried. 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 August 10, 1992 at 7:02 p.m., with nine members present. Chairman Puzzello presiding BILL NO. 40 -92 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT (FRANCES STREET AND LUTHER COURT) 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 Slavinskas reported that the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorable, as amended. Council Member Luecke 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, gave the staff report, which was favorable. Mark Boveri, attorney, made the presentation. He indicated the South Bend Clinic was requesting this zoning in order to build an additional parking lot. Council Member Ladewski stated he was an employee of the South Bend Clinic and he would abstain from voting on this issue. Council Member Kelly made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Coleman. The motion carried. BILL NO. 47 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND CONTIGUOUS THEREWITH; OLIVER MEMORIAL TRUST IN PENN TOWNSHIP, 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 Slavinskas reported that the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorable, as amended. Council Member Coleman made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Ladewski. The motion carried. Grama Bhagavan, Valley Engineering Consultants, made the presentation for the bill. He indicated this annexation was for a single family homes, which will cost from $300,000 to $500,000. He indicated there would be an access road off of Inwood that will be used for construction traffic, as well as ingress and egress for this project, as well as the Topsfield area. Council Member Coleman made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Kelly. The motion carried. BILL NO. 48 -92 A BILL OF THE COMMON COUNCIL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED EAST OF TOPSFIELD DEVELOPMENT AND NORTH OF INWOOD ROAD 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 Slavinskas reported that the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorable. John Byorni, Area Plan, gave the staff report which was favorable. Gramma Bhagavan, Valley Engineering Consultants, made the presentation for the bill. He indicated this zoning was for 18 2/3 acres, which will be used, in conjunction with the acreage in the previous annexation, for a housing development. There will be a total of 55 acres, on which they plan to build pS8 52 single family homes. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Washington. The motion carried. BILL NO. 51 -92 A BILL OF THE COMMON COUNCIL AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT 925 WEST WASHINGTON STREET 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 Slavinskas reported that the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorable. John Byorni, Area Plan, gave the staff report which was favorable. Pat Lynch, 726 W. Washington, indicated they were requesting this rezoning in order to move a home from 900 block of East Thomas to W. Washington. He indicated he planned to be the principal occupant once the home was moved and livable. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Washington. The motion carried. BILL NO. 54 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, VACATING THE FIRST EAST -WEST ALLEY NORTH OF EAST SOUTH STREET FROM THE EAST RIGHT -OF -WAY LINE OF SOUTH RUSH STREET TO THE SOUTHWEST RIGHT -OF -WAY LINE OF LINCOLNWAY EAST FOR A DISTANCE OF APPROXIMATELY 247.06 FEET AND A WIDTH OF APPROXIMATELY 12.54 FEET. PART SITUATED IN JOHN RUSH'S FIRST ADDITION IN THE CITY OF SOUTH BEND, INDIANA. Council Member Luecke made a motion to continue public hearing on this bill, at the request of the petitioner, seconded by Council Member Coleman. The motion carried. BILL NO. 39.92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14, ARTICLE 3 AND CERTAIN SECTIONS OF CHAPTER 21 OF THE MUNICIPAL CODE GOVERNING RESIDENTIAL SWIMMING POOLS. 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, as amended. Council Member Duda made a motion accept the substitute bill on file with the City Clerk, seconded by Council Member Coleman. The motion carried. John Byorni, Area Plan, indicated the Area Plan Commission was only recommending on the portion of the bill that amended Chapter 21. He indicated this portion was recommended to the Council favorable. Don Fozo, Building Commission, made the presentation for the bill. He indicated this brings the local ordinance in compliance with State law. He indicated pools would require a 5 foot fence. Council Member Coleman made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Duda. The motion carried. Council Member Luecke made a motion to rise and report to the Council, seconded by Council Member Washington. The motion carried. ATTEST: City Clerk REGULAR MEETING RECONVENED 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 7:35 p.m. Council President Luecke presiding and nine members present. BILLS, THIRD READING ORDINANCE NO. 8284 -92 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT (FRANCES STREET AND LUTHER COURT) IN THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Slavinskas 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 Washington. The bill passed by a roll call vote of eight ayes and one abstention. ORDINANCE NO. 8285 -92 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND CONTIGUOUS THEREWITH; OLIVER MEMORIAL TRUST IN PENN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. This bill had third reading. Council Member Coleman made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Zakrzewski The motion carried. Council Member Coleman made a motion to pass the bill, as amended, seconded by Council Member Duda. The bill passed by a roll call vote of nine ayes. I� ORDINANCE NO. 8286 -92 AN ORDINANCE OF THE COMMON COUNCIL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED EAST OF TOPSFIELD DEVELOPMENT AND NORTH OF INWOOD ROAD CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Coleman made a motion to amend this bill, seconded by Council Member Duda. The bill passed by a roll call vote of nine ayes. NO. 8287 -92 AN ORDINANCE OF THE COMMON COUNCIL AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT 925 WEST WASHING STREET IN THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Coleman made a motion to amend this bill, seconded by Council Member Duda. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8288 -92 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14, ARTICLE 3 AND CERTAIN SECTIONS OF CHAPTER 21 OF THE MUNICIPAL CODE GOVERNING RESIDENTIAL SWIMMING POOLS. This bill had third reading. Council Member Coleman made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Duda. The motion carried. Council Member Coleman made a motion to pass the bill, as amended, seconded by Council Member Duda. The bill passed by a roll call vote of nine ayes. 0*01*1,000R[: Council Member Coleman made a motion to combine public hearing on the next two resolutions, seconded by Council Member Washington. The motion carried. W RESOLUTION NO. 1963' -92 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 2722 WEST TUCKER DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN YEAR REAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE CO, INC. WHEREAS, the Common Council of the City of South Bend, Indiana has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 2722 West Tucker and which is more particularly described as follows: A part of the southeast 1/4 of the northeast 1/4 of Section 16, Township 37 North, Range 2 East in the City of South Bend, St. Joseph County, Indiana, described as follows: Commencing at the intersection of the east line of said Section 16 with the south line of Tucker Drive, said point being 260.00 feet south of the north line of said southeast 1/4 of the northeast 1/4; thence west along the westerly extension of the south line of Tucker Drive, 213.00 feet to the true Point of Beginning; Section, 499.07 feet to the north right of way line of the former Indiana Northern Railway Company; thence westerly along said north right of way line, 166.00 feet; thence north parallel with the east line of said Section, 499.76 feet tot he westerly extension of the south line of Tucker Drive; thence east along said westerly extension of the south line of Tucker Drive, 166.00 feet to the Point of Beginning and containing 1.90 acres, more or less. with said real estate having the following Key No. 18 8075 284406, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12- .1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. Now, therefore, be it resolved by the Common Council of the City of South Bend, Indiana, as follows. Section I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real Property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. Section II. The Common Council hereby determines that the property owner is 990 qualified for and is granted real property tax deduction for a period of ten (10) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et seq. Section III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. STEPHEN LUECKE Member of the Common Council RESOLUTION NO. 1966 -92 A RESOLUTION OF THE CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2722 WEST TUCKER DRIVE, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 5 YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE CO., INC. WHEREAS, the Common Council of the City of South Bend, Indiana has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 2722 W. Tucker and which is more particularly described as follows: A part of the southeast 1/4 of the northeast 1/4 of Section 16, Township 37 North, Range 2 East in the City of South Bend, St. Joseph County, Indiana, described as follows: Commencing at the intersection of the east line of said Section 16 with the south line of Tucker Drive, said point being 260.00 feet south of the north line of said southeast 1/4 of the northeast 1/4; thence west along the westerly extension of the south line of Tucker Drive, 213.00 feet to the true Point of Beginning; Section, 499.07 feet to the north right of way line of the former Indiana Northern Railway Company; thence westerly along said north right of way line, 166.00 feet; thence north parallel with the east line of said Section, 499.76 feet tot he westerly extension of the south line of Tucker Drive; thence east along said westerly extension of the south line of Tucker Drive, 166.00 feet to the Point of Beginning and containing 1.90 acres, more or less. with said real estate having the following Key No. 18 8075 285506, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12- .1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. Now, therefore, be it resolved by the Common Council of the City of South Bend, Indiana, as follows. Section I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal Property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. Section II. The Common Council hereby determines that the property owner is qualified for and is granted personal property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et seq. Section III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /S/ Stephen Luecke Member of the Common Council A public hearing was held on the resolutions at this time. Gerald Lerman, secretary of Steel Warehouse, made the presentation for the bill. He indicated they proposed to build a facility to accommodate new manufacturing equipment, and will create thirteen new jobs at the start and possibly fifty in the future. Council Member Slavinskas made a motion to adopt resolution 92 -57, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. Council Member Zakrzewski made a motion to adopt resolution No. 92 -56, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. 4 RESOLUTION NO. 196;' -92 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1200 BLOCK OF WEST WASHINGTON AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR WEST WASHINGTON STREET HOUSING. Whereas, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 1200 block of West Washington, and which is more particularly described as follows: Parcel I: a parcel of land in the Northwest Quarter of Section 11, Township 37 North, Range 2 East, Portage Township in the City of South Bend, St. Joseph County, Indiana, being lots 1 through 8 inclusive and a portion of Spruce Street of John K. Fowler's Subdivision of Bank outlots No. 85 and 86 as recorded in Plat Book 2, Page 13 in the office of the St. Joseph County Recorder; Parcel II: a parcel of land in the Northwest Quarter of Section 11, Township 37 North, Range 2 East, Portage Township in the City of South Bend, St. Joseph County, Indiana, being lots A,B C, and 103 through 106 parts of Lots 102, 107, 108, and 109, and a vacated alley of Commissioner's subdivision of Bank Outlot No. Seventy Nine (79) of the Second Plat of Outlots of the Town, now City of South Bend as recorded in Plat of outlots of the Town, now City of South Bend as recorded in Plat Book 3, Page 40, in the office of the St. Joseph Recorder and being more particularly described as follows: Beginning at the southwest corner of Lot A in said subdivision (also being the intersection of the north line of Washington Street and the east line of Walnut Street); thence North, along the east line of Walnut Street, 166.20 feet to the northwest corner of said Lot A; thence East, along the south line of a 14 foot alley, 313.07 feet to the east line of Spruce Street; thence North, along the east line of Spruce Street, 32.9 feet to the south line of a 14 foot alley; thence East, along the south line of said 14 foot alley, 125.05 feet to the east line of a vacated 14 foot alley; thence South, along the east line of said vacated alley, 198.41 feet to the north line of Washington Street; thence West, along the north line of Washington Street, 439.60 feet to the Point of Beginning; Parcel III: a parcel of land in the East half of the Northwest Quarter of Section 11, Township 37 North, Range 2 East, Portage Township in the City of South Bend, St. Joseph County, Indiana, being lots 9 and 10 of Rockafeller' s addition to South Bend as recorded in Plat Book 2, Page 8 in the office of the St. Joseph County Recorder; with said real estate having the following Key Nos.: Parcel I: 18- 333072 Parcel II: 18- 3073 -2832 18- 3072 -2833 18- 3072 -2834 18- 3072 -2835 18- 3072 -2836 18- 3072 -2837 18- 3072 -2838 18- 3072 - 2838.01 18- 3072 -2840 18- 3072 - 2841.01 18- 3072 -2841 18- 3072 -2842 Parcel III: 18- 1040 -1764 18- 1040 -1763 18- 1040 -1762 18- 1044 -1903 18- 1044 -1905 18- 1044 -1906 18- 1044 -1907 18- 1044 -1908 18- 1044 -1909 18- 1044 -1910 18- 1044 -1911 18- 1044 -1912 18- 1044 -1913 18- 1044 -1914 18- 1044 -1915 18- 1044 -1917 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6- 1.1- 12.1 -1 et seq., and South Bend Municipal Code Sections 2 -76 et seq. and; WHEREAS, the Department of Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1- 12.1 -1, et seq., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and Whereas, the Human resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. Now, therefore, be it resolved by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Common Council hereby determines and finds that the petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of I.C. 6 -1.1- 12.1 -1 et seq., and qualifies under the provisions of South Bend Municipal Code Section 2 -76 et seq., for tax abatement. eD Section II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment of rehabilitation: D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the deduction, all of which satisfy the requirements of I.C. 6 -1.1- 12.1 -3. Section III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits set forth as sections I through II of the Petition for Real Property Tax Abatement Consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Section 6 -1.1- 12.1 -3 of the Indiana Code. Section IV. The Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated an Economic Revitalization Area and hereby adopts a resolution designating this area as an Economic Revitalization Area for purposed of real property tax abatement. Section V. The designation as an Economic Revitalization area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. Section VI. The Common pursuant to Section 2 -84 of the South Bend Municipal Code finds that ten (10) years is a proper designation in light of the following: (1) 100% of he units will be rented to low income families; (2) $3,450,000 in hard dollar costs is 80% of the $4,000,000 guideline for a six (6) year abatement; and (3) The project would be an integral part of the neighborhood's larger revitalization plan and the City's redevelopment plan for the area. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of ten (10) years. Section VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. Section VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Stephen Luecke Member of the Common Council A public hearing was held on the resolution at this time. Council Member Kelly reported that the Human Resources Committee had met on this bill and recommended it to the Council favorable. Council Member Coleman made a motion to amend the bill, as on file with the City Clerk, seconded by Council Member Washington. The motion carried. Ann Mannix, South Bend Heritage, indicated they planned to construct 22 duplex and 7 triplex buildings, containing 65 apartments for rent to low income families. Council Member Washington made a motion to adopt this resolution, seconded by Council Member Duda. The resolution was adopted by a roll call vote of nine ayes. BILLS. FIRST READING BILL NO. 63 -92 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 702 LINCOLNWAY EAST IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Coleman made a motion to refer this to Area Plan, seconded by Council Member Washington. The motion carried. BILL NO. 64 -92 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH -SOUTH ALLEY EAST OF S. CLINTON ST. FROM THE SOUTH RIGHT -OF -WAY LINE OF E. SOUTH ST. TO THE NORTH RIGHT -OF -WAY LINE OF THE FIRST EAST -WEST ALLEY SOUTH OF E. SOUTH ST. FOR A DISTANCE OF APPROXIMATELY 148.95 FEET AND A WIDTH OF APPROXIMATELY 12.04 FEET. PART SITUATED IN THE REPLAT OF JOHN RUSH'S SECOND ADDITION IN THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Duda made a motion to refer this bill to the Zoning and Vacation Committee and set it for public hearing and second reading on August 24, seconded by Council Member Coleman. The motion carried. BILL NO. 65 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO VACATE THE FOLLOWING DESCRIBED ALLEYS: THE FIRST NORTH -SOUTH ALLEY WEST OF S. RUSH STREET, FROM THE NORTH RIGHT -OF -WAY LINE OF E. SOUTH ST. TO THE SOUTH RIGHT -OF -WAY LINE OF E. MONROE STREET FOR A DISTANCE OF APPROXIMATELY 345.18 FEET AND A WIDTH OF APPROXIMATELY 14 FEET; AND THE FIRST EAST -WEST ALLEY SOUTH OF E. MONROE STREET FROM THE WEST RIGHT -OF -WAY LINE OF S. RUSH STREET, TO THE EAST RIGHT -OF -WAY LINE OF S. FELLOWS STREET, FOR A DISTANCE OF APPROXIMATELY 330 FEET AND A WIDTH OF APPROXIMATELY 12.54 FEET. PARTS SITUATED IN JOHN RUSH'S FIRST ADDITION IN THE CITY OF SOUTH BEND. This bill had first reading. Council Member Coleman made a motion to refer this bill to the Zoning and Vacation Committee and set it for public hearing and second reading on August 24, seconded by Council Member Washington. The motion carried. BILL NO. 66 -92 A BILL APPROPRIATING $981,000.00 WITHIN VARIOUS ACCOUNTS OF THE LOCAL ROADS AND STREETS FUND. This bill had first reading. Council Member Coleman made a motion to refer this bill to the Public Works Committee and set it for public hearing and second reading on August 24, seconded by Council Member Duda. The motion carried. BILL NO. 67 -92 A BILL APPROPRIATING $929,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND FOR VARIOUS PROJECTS. This bill had first reading. Council Member Coleman made a motion to refer this bill to the Public Works Committee and set it for public hearing and second reading on August 24, seconded by Council Member Duda. The motion carried. PRIVILEGE OF THE FLOOR David Frank, 1733 South Bend Avenue, spoke regarding the widening of State Road 23. He indicated that a five lane road is not needed, and if one is built the businessmen along this road would lose too much frontage. He said if it takes two years to build this road most of the business will be forced to close. He asked the Council Members to support their problem with the State and to attend a meeting residents and business people were having Thursday with representatives of the State. Don Walker, local businessman on State Road 23, spoke regarding the problem of widening State Road 23. There being no further business to come before the Council unfinished or new, Council Member Coleman made a motion to adjourn, seconded by Council Member Zakrzewski. The motion carried and the meeting was adjourned at 8:13 p.m. ATTEST: City Clerk APPROVED: Lv � President