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REGULAR MEETING January 8, 2018 <br /> owner adjacent to the Corby right-of-way that's to be vacated,which gives her the right to have <br /> access into that right-of-way that's been vacated. Per that meeting, it was stated that it also would <br /> give Mr. Banios or his assigns the right to use that easement. So, I just wanted to put that in the <br /> record, and if you would like that to be a part of the access agreement, let it be written in, as <br /> well. <br /> Councilmember Oliver Davis asked Council Attorney Bob Palmer, Is that good enough for it to <br /> be considered in the record, or does he have to say anything else in any other way? <br /> Council Attorney Bob Palmer responded, It's good enough for the record,but it would be <br /> stronger if we had a written agreement filed with the Clerk's Office, much like Ms. Spalding. <br /> Mr. Shearon responded, We can amend this agreement and put Mr. Banios and his assigns into <br /> this document. We can do that. <br /> Councilmember John Voorde asked, So, action tonight could be contingent upon that agreement? <br /> Mr. Palmer responded, It could be a condition that preceded the enforcement of the adoption of <br /> said measures of the sub. <br /> Councilmember Jo M. Broden stated, I think that really addresses a lot of the issues with regard <br /> to City services and it should mutually benefit both the developer and the adjacent neighbors in <br /> particular. So, I commend everybody for working something out here that will be workable now <br /> and in the future. <br /> This being the time heretofore set for the Public Hearing on the above bill, proponents and <br /> opponents were given an opportunity to be heard. <br /> Those from the public wishing to speak in favor of this bill: <br /> Emily Spalding, 1140 Corby Boulevard, South Bend, IN, stated that she is the adjacent neighbor <br /> in question. Ms. Spalding thanked Councilmember Broden for hearing her and other neighbors <br /> out, and thanked Five Corners, LLC, as well. <br /> None from the public wished to speak in opposition to this bill. <br /> Councilmember Jo M. Broden made a motion to send Bill No. 69-17 to the full Council with a <br /> favorable recommendation, subject to the written agreement. Councilmember Oliver Davis <br /> seconded the motion which carried by a voice vote of eight(8) ayes. <br /> 85-17 PUBLIC HEARING ON AN ORDINANCE <br /> INITIATED BY THE AREA PLAN <br /> COMMISSION OF ST JOSEPH COUNTY, <br /> AMENDING CHAPTER 21 OF THE SOUTH <br /> BEND MUNICIPAL CODE,ARTICLE 9 <br /> ADMINISTRATION TO UPDATE PROCEDURES <br /> FOR ZONE MAP AMENDMENT,VARIANCES, <br /> SPECIAL EXCEPTION USES,AND WRITTEN <br /> COMMITMENTS ASSOCIATED WITH AREA <br /> BOARD OF ZONING APPEALS <br /> APPLICATIONS;ARTICLE 11 DEFINITIONS TO <br /> FURTHER DEFINE THE ZONING <br /> ADMINISTRATOR AS THE EXECUTIVE <br /> • DIRECTOR OF THE AREA PLAN <br /> COMMISSION;AND ARTICLE 12 <br /> FLOODPLAIN REGULATIONS TO DESIGNATE <br /> THE BUILDING COMMISSIONER AS THE <br /> FLOODPLAIN ADMINISTRATOR. <br /> Councilmember Oliver Davis, Chair of the Zoning and Annexation Committee,reported that <br /> they met this afternoon and send this bill forward with a favorable recommendation. <br /> 5 <br />