05-10-93 Council Meeting Minutes

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REGULAR MEETING _ - - - - MAY___ ' -- 9 9 3... �I the Council with no recommendation. John Byorni, Area Plan Commission, indicated that the Commission had sent this to the Council with no recommendation. Edward Levy, 316 -317 South Eddy Street, made the presentation on the bill. A convenience store and gas station would be built on this site. A final site plan was submitted and a drawing was presented, so that the Council members and the public could have a better view of the proposal. He also indicated that a Letter of Commitment would be prepared with the following included: No outside telephones, no outside sales of any kind (except fuel), no outside storage, no video games, no alcohol sales, and no adult items sales. Bernie Diedrich, 922 E. Jefferson Boulevard indicated that the area businesses were in favor of this zoning and usage; Jim Walsh, 307 E. LaSalle of the nearby Point Apartments indicated that it would be helpful to have a nearby business at which to purchase gas and food; Mary Jane Chase, Mar -Main Apts. Manager indicated that it would be helpful for the residents to have a close place at which to purchase gas and food. Ann Kolata of the Redevelopment Department spoke against this bill indicating that it would be "spot zoning" and they would like to keep this a pedestrian area. The Design Review Committee has certain requirements for businesses in the East Bank Area and would like to keep this area unique. Carter Wolf, 730 W. Washington; Karen Kimick, Historic Landmarks; Diane Davonne, Point Apartments; Vincent Piper, 307 E. LaSalle; Debbie Leonard, 395 E. LaSalle; John Harlan, 1601 Riverside Drive; Joe Walsh, Works Hotel General Manager; and Jon Hunt of the Economic Development Department spoke against this bill. Mr. Edward Levy was given a rebuttal time. He indicated that the proposed convenience store and gas station would not be a hindrance and that it would be designed and landscaped in "good taste" and would be an asset to the area. Council Attorney Cekanski - Farrand indicated that we would recommend the recording of the Letter of Commitment. Council Member Kelly made a motion to recommend this bill to the Council favorable, subject to the inclusion of a "letter of commitment" to be recorded with the St. Joseph County Recorder at the expense of the petitioner, seconded by Council Member Puzzello. The motion carried by a roll call vote of six ayes and three nayes (Council Members Ladewski, Luecke, and Washington). Council Member Coleman moved for a five minute recess, seconded by Council Member Ladewski. Motion carried. The meeting reconvened at 9:50 p.m. BILL NO. 36 -93 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH -SOUTH ALLEY EAST OF S. EMERSON AVE. FROM THE SOUTH RIGHT -OF -WAY LINE OF E. CHESTER ST. TO THE NORTH RIGHT -OF -WAY OF THE FIRST EAST -WEST ALLEY SOUTH OF E. CHESTER ST., FOR A DISTANCE OF APPROXIMATELY 133 FEET AND A WIDTH OF APPROXIMATELY 14 FEET; PART LOCATED IN SUNNYMEDE THIRD ADDITION TO 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. Bill Nash, 1316 Chester Street, made the presentation on this bill. The main reason for this alley vacation is for the safety of the neighborhood children. There has been a problem with various cars using the alley with speeds of 25 -30 miles per hour. Kathy Kurek, 1320 Chester; John Kurek, 1320 Chester; both spoke in favor of the bill. Mary Jane Chase, 1302 Chester, submitted a petition with twenty of the neighbors signatures against this vacation. Alley access to the garages was the reasoning for their objections. Rebuttal time was given to Mr. Nash, who was insistent that the alley be vacated for safety reasons. Council Member Slavinskas made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried by a vote of eight ayes and one nay (Council Member Kelly). BILL NO. 37 -93 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH -SOUTH ALLEY WEST OF S. OLIVE FROM THE NORTH RIGHT -OF -WAY LINE OF W. CALVERT TO THE SOUTH RIGHT -OF -WAY LINE OF WEST DUBAIL AVE., FOR A DISTANCE OF APPROXIMATELY 600 FEET AND A WIDTH OF APPROXIMATELY 14 FT. PART LOCATED IN OLIVE PLACE ADDITION TO 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. Lori Gesto, 516 Miami Club Court, made the presentation on this bill. This alley has not been used as an alley for many years, and this will allow her multiple lots to be combined into two key numbers for her properties. Council Member Puzzello made a motion to recommend this bill to the Council favorable, seconded by Council Member Ladewski. The motion carried. BILL NO. 40 -93 AN ORDINANCE TRANSFERRING $48,015 WITHIN ACCOUNTS WITHIN THE U.D.A.G. FUND OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT FOR THE PURPOSE OF FUNDING PREDEVELOPMENT COSTS OF THE SAMPLE -EWING PROJECT AREA. 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 Kelly reported that the Human Resources Committee had met on this bill and recommended it to the Council favorable. Elizabeth Leonard of the Economic Development Department made 49