02-08-10 Common Council Meeting Minutes

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REGULAR MEETING FEBRUARY 8, 2010 BILLS – THIRD READING ORDINANCE NO. 9998-10 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $142,000 RECEIVED FROM THE U.S. DEPARTMENT OF JUSTICE FOR THE WEED & SEED PROGRAM This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Rouse seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes and one (1) abstention (Councilmember Dieter) RESOLUTIONS RESOLUTION NO. 4011-10 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 3371 CLEVELAND ROAD, SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36-7-4-918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: (3371 Cleveland Road, South Bend, Indiana) In order to permit: The approval of a Special Exception as allowed under Section 21-04.01 (2) (A) of the City of South Bend Zoning Ordinance to allow for a Bottled Gas Storage and Distribution facility for property located at 3371 Cleveland Road, South Bend, Indiana per Section 21- 04.01 (2) (A) of the City of South Bend Zoning Ordinance. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 5