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05-27-08 Common Council Minutes
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05-27-08 Common Council Minutes
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REGULAR MEETING MAY 27, 2008 <br /> <br /> <br />receive this vital prenatal care. This has led to a dramatic increase in low birth weight <br />and a high rate of infant mortality. Basically, the lack of prenatal care leads to unhealthy <br />moms and babies. This expansion would allow the Women’s Care Center to take care of <br />these mothers on site. The St. Joseph Regional Medical Center has graciously agreed at <br />their expense provide at the Women’s Care Center a full OB-Prenatal Facility Clinic at <br />this location. This will allow the Women’s Care Center the opportunity to care for these <br />young mothers and the end result of this expansion is healthier moms and babies. He <br />urged the Council’s favorable consideration and noted that for every month that goes by <br />one hundred women go unserved. <br /> <br />Mr. Gary Gilot, Director, Public Works Department, City of South Bend, Indiana, 227 W. <br />Jefferson Blvd, South Bend, Indiana, spoke in favor of this bill. Mr. Gilot advised that <br />the Board of Public Works sends this bill to the Council with a favorable <br />recommendation and also once before when the Council approved this alley and it was <br />subject to a cross access easement that did not get recorded. Mr. Gilot reiterated that the <br />Board of Public Works recommends this bill favorable subject to a blanket easement <br />across the subject parcel that would provide for access for the adjoining property owners. <br /> <br />Kathleen Cekanski-Farrand stated that Section V. will need to be amended to read: <br /> <br />Subject to a blanket access easement approved by the Board of Public Works as to form <br />and properly recorded with a copy of the same being filed in the Office of the City Clerk. <br /> <br />Councilmember Puzzello made a motion to amend this bill. Councilmember Varner <br />seconded the motion which carried by a voice vote of eight (8) ayes. <br /> <br />The following individuals spoke in opposition to this bill: <br /> <br />Mr. Kenneth Breen, 24330 S.R. 4, North Liberty, Indiana, stated that he owns the house <br />next door. Mr. Breen asked if Ordinance No. 8385-93 is null and void. <br /> <br />Kathleen Cekanski Farrand stated that Ordinance No. 8385-93 was made verbally subject <br />to a cross access easement at that time. She stated that in checking with the attorney who <br />was representing the petitioner back then, and going through the records on file in the <br />Office of the City Clerk. It was determined that although the Council went forward and <br />passed this Ordinance and made it subject to recording of the cross access easement, this <br />Ordinance was never properly advertised because of the lack of recording the cross <br />access easement, therefore, it is not a legal ordinance. <br /> <br />Mr. Breen advised that he has had discussion with the representatives of the Women’s <br />Care Shelter and never received a response on what they are planning to do. There are <br />more issues that need to be addressed. Mr. Breen stated that if this project moves <br />forward the water run off will come directly on his property. He questioned the issue of <br />snow removal. This alley is on a steep incline and makes driving virtually impossible in <br />the winter months. Mr. Breen asked the Council to continue this bill until the water run <br />off and snow and trash removal issues can be addressed. <br /> <br />Mr. John Larkin, 919 E. LaSalle Avenue, South Bend, Indiana, advised that he has lived <br />at this address for 85 years. He stated that he agreed with the first alley vacation passed <br />in 1993, leaving the cross access easement. Mr. Larkin stated that if they leave the 18’ <br />like they are promising, it is possible to get in and out of the alley. However, they need <br />to provide that someone takes care of the snow removal. Last year, when the lot was <br />plowed they shoved the snow in a pile so that access to the alley was blocked. <br /> <br />Mr. Aaron Yoder, 917 E. LaSalle Avenue, South Bend, Indiana, stated that the water run <br />off is a problem. It runs off into Mr. Breen’s backyard and is a serious problem. The <br />access in the winter time trying to get up that north/south alley is very difficult because it <br />is on a hill. Unless somebody plows it, there is no way you can drive up it. <br /> <br />In rebuttal, Mr. Sexton stated that when they met with the homeowners directly behind <br />Mr. Breen’s home, they stood out in the cold for about a good hour and everyone was <br />freezing, and it was then that he thought that everyone was on the same page. That <br /> 6 <br /> <br />
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