10-09-00 Council Meeting Minutes

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REGULAR MEETING OCTOBER 9, 2000 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 615 North Michigan Street, South Bend, Indiana 46601 in order to permit the construction and operation of an airport consisting of a helipad on the 6"' floor of the Parking Garage located at the Northwest corner of Lafayette Boulevard and Navarre Street. Section II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the Petition for Special Exception, filed with the Board ofZoning Appeals of the City of South Bend, Indiana, a copy of which is on file in the Office of the City Clerk of the City of South Bend. Section III. The Common Council of the City of South Bend, Indiana hereby finds that: 1. The approval will not be injurious to and will not adversely affect the public health, safety, morals, and general welfare of the community. 2. The use and value of the neighborhood and the area adjacent to the property included in the Special Exception will not be affected in a substantially adverse or detrimental manner; 3. The need for the Special Exception arises from specific conditions peculiar to the property involved; 4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied to the property for which this Special Exception is sought; and 5. The approval does not interfere substantially with the Comprehensive Plan adopted by the City of South Bend. Section IV. Approval is subject to the Petitioner complying with the following conditions: (a) The helipad may be used only for the transportation of severely ill patients and required support staff. (b) The use of the helipad is subject to all applicable field operation guidelines established by the South Bend Emergency Medical Services Committee. (c) The helipad may be used only in accordance with applicable EMS Rules and Regulations established by Indiana law. (d) Use of the helipad is subject to all applicable FAA Rules and Regulations. Section V. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member of the Common Council Councilmember Coleman disclosed for the record that he does have a business relationship with the petitioner. He stated that he has consulted with the Council Attorney as well as the City's legal staff and has received the opinion that he does not have a conflict of interest and he therefore expects to participate in the discussion and vote on this issue. Councilmember Coleman made a motion to consider the substitute version of this Resolution.