09-09-96 Council Meeting Minutes

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REGULAR MEETING SEPTEMBER 9, 1996 A public hearing was held on the resolution at this time. Larry Magliozzi, Community and Economic Development, made the presentation for the resolution. He indicated that this was passed several weeks ago, however, it was discovered that the legal description was incorrect, since State law allows for all surround right -of -way to be included in the annexation. He indicated that the fiscal plan has the correct legal description the ordinance was incorrect. He reported that in the next three years sewer mains will be installed to this property. Dave Cherrone, 53712 Pinehurst, spoke against the fiscal plan. He indicated no officials of Clay Township were contact regarding the impact it would have on Township employees. Council Member Luecke made a motion to adopt the resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. Council Member Coleman made a motion to resolve into the Committee of the Whole, seconded by Council Member Zakrzewski. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole at 7:22 p.m. with nine members present. Chairman Washington presiding. BILL NO. 73 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THEREWITH LOCATED IN CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA (IRONWOOD NORTH ANNEXATION) 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 Zakrzewski reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. A public hearing was held on the resolution at this time. Larry Magliozzi, Community and Economic Development, made the presentation for the bill. He indicated the annexation bill was in conjunction with the fiscal plan that was just passed. He noted the area to be annexed is 28.6 acres, with no single family homes. He indicated the legal description for the public right -of -way is contained in this bill. Dave Cherrone, 53712 Pinehurst and Joyce Boaler, 1606 Hillsdale, spoke against this annexation. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Broden. The motion carried. BILL NO. 58 -96 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1072 -1078 LINCOLN WAY EAST, IN 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 tc be heard. Council Member Coleman made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Varner. The motion carried. Council Member Zakrzewski reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable, as amended. John Byorni, Area Plan, noted that the petitioner was requesting a zoning to "D" Light Industrial, in order to allow for mini - warehouses. He indicated the site to be rezoning is 4.9 acres, of which buildings will occupy 23 percent; parking and drives 45 percent; and 32 percent will remain open space. He indicated a flood hazard area is present, as Bowman Creek runs through the property, therefore, no building can encroach into this right -of- way, and drainage cannot be put into the Creek without a permit.