02-27-06 Council Meeting Minutes

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REGULAR MEETING FEBRUARY 27, 2006 Mr. Patrick Lynch, 711 W. Washington, South Bend, Indiana, made the presentation on behalf of the petitioner Mr. Raul Meza. Mr. Lynch stated that further discussion was held on February 9, 2006, with David Fecteau, Community Development Department, and with Brian Kmitta, owner, Al’s Anchor Inn to discuss concerns on the vacation of the proposed alley. The general concern was that closing this alley would result in an increased number of vehicles transiting Mr. Kmitta’s property and potentially damaging any customer’s cars that my be parked in his lot. Mr. Kmitta is sensitive about his parking lot as he is constantly dealing with petty vandalism and theft from customer’s vehicles. It was determined that Mr. Kmitta’s parking lot is unimproved and unlined. The parking arrangements are determined by whoever parks there first. All subsequent vehicle park following the pattern established by the first car. There is no curb cut at Western Avenue, only a fairly low curb. So it is actually legal to park on the street in front on the parking lot, in effect blocking through transit to or from Western Avenue. Closing of the alley may create some inconvenience as people adjust, but there really is no true hardship imposed on any adjacent property owners. Access to all properties is maintained even with the closure of the alley. The closing of the alley will allow Mr. Meza to open a small business and to provide the zoning mandated parking required for the proposed restaurant. A new restaurant and an improved parking lot will contribute to the continued growth and development along the Western Avenue corridor. Mr. Esther Olejniczak, 422 S. Phillipa, South Bend, Indiana, spoke in opposition to this bill. Ms. Olejniczak stated that her garage is located on that alley. During the winter months it would be quite difficult to get out of her garage and then to have to turn on to a one-way trafficked street such as Carlisle to make a left turn and then onto Western Avenue is very dangerous. Ms. Olejniczak strongly urged the Council to vote against this bill. There was no one else present wishing to speak in opposition to this bill. In rebuttal, Mr. Lynch further reiterated that the closing of the alley may create some inconvenience as people adjust. But he cannot see that any true hardship is being imposed on any adjacent property owners. Mr. Lynch stated that access to all properties is maintained even with the closure of the alley. Councilmember Pfeifer made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of six (6) ayes and three (3) nays (Councilmember’s Dieter, Kuspa, Rouse) BILL NO. 08-06 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE 9561-05 WHICH ESTABLISHED A NEW SCHEDULE OF RATES AND CHARGES FOR SERVICES RENDERED BY THE CITY OF SOUTH BEND WATER WORKS AND AMENDING CHAPTER 17, ARTICLE 4, SECTIONS 17-45 AND 17-46 OF THE SOUTH BEND MUNICIPAL CODE Councilmember Al “Buddy” Kirsits, Chairperson, Utilities Committee, reported that this Committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. Mr. John Stancati, Director, South Bend Water Works, 209 N. Main Street, Suite 207, South Bend, Indiana, made the presentation for this bill. Mr. Stancati advised that this bill amends previous Ordinance No. 9561-05. That ordinance increased water rates and service charges, but those rates were subject to 12