10-13-03 Council Meeting Minutes

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REGULAR MEETING OCTOBER 13, 2003 RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:05 p.m. Councilmember Coleman made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember King, Chairperson, Committee of the Whole, presiding. Councilmember King explained the procedures to be followed for tonight's meeting in accordance with Article 1, Section 2 -11 of the South Bend Municipal Code and advised that Bill No. 62 -03 will be postponed until the October 27, 2003 meeting of the Council at the request of the Petitioner. PUBLIC HEARINGS BILL NO. 73 -03 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; OLIVE ROAD 3, 52600 AND 52650 OLIVE ROAD Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the Council with a favorable recommendation. Councilmember Coleman made a motion to consider the substitute version of this bill as on file with the City Clerk. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. Ms. Pam Meyer, 17550 White Chapel Court, South Bend, Indiana, made the presentation for this bill. Ms. Meyer stated that this bill relates to two (2) properties owned by the City which were purchased to remove the last residential properties in the area and to create additional right of way to accommodate the Olive Road widening project. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Coleman made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Note: After the last Public Hearing on the agenda, Councilmember Coleman asked a procedural question. He noted that when he made the recommendation for this bill, he failed to set the bill for Third Reading on October 27, 2003. He stated that he would like to correct that motion to include this information if it is appropriate at this time. Council Attorney Kathleen Cekanski- Farrand advised that at First Reading of this bill on September 8, 2003, it was set for Third Reading on October 27, 2003 and therefore no further action is needed at this time. BILL NO. 61 -03 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4005 PORTAGE ROAD, SOUTH BEND, INDIANA Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this -4-