02-25-91 Council Meeting Minutes

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165 REGULAR MEETING ATTEST: City Clerk REGULAR MEETING RECONVENED ATTEST: A an FEBRUARY 25, 1991 Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 5:33 p.m. Council President Niezgodski presiding and nine members present. - BILLS, THIRD READING ORDINANCE NO. 8172 -91 AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA CERTAIN LAND LOCATED IN CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. This bill had third reading. Council Member Puzzello made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. RESOLUTION NO. 1844 -91 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, URGING THE INDIANA ALCOHOLIC BEVERAGE COMMISSION TO RECONSIDER ITS POLICY REGARDING THE SALE OF ALCOHOLIC BEVERAGES AT THE SAME LOCATION WHEREAS, the Common Council of the City of South Bend, Indiana, acknowledges that the Indiana Alcoholic Beverage Commission has specific powers and duties pursuant to Indiana Code Section, 7.1 -2 -3 -4 and 905 IAC, 1 -2 -1 et. seq; and WHEREAS, The Council further acknowledges that the Alcoholic Beverage Board of St. Joseph County, pursuant to Indiana Code Section 7.1- 2 -4 -1, is regulated by the Indiana Alcoholic Beverage Commission as to its procedures and investigations as addressed in Indiana Code Section 7.1- 1 -2 -21; and WHEREAS, the Alcoholic Beverage Board of St. Joseph County has had a long standing policy which prohibits the sale of alcoholic beverages at the same location where fuel, gasoline and other petroleum products for motor vehicles are sold; and WHEREAS, the common Council believes that such a local policy properly represents the public safety concerns of our community, and specifically notes that the local Board has consistently implemented this policy; and WHEREAS, the Common Council is concerned over the new direction which the Indiana alcoholic Beverage Commission has taken be recently overruling the local Board's decision on such a request. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council of the City of South Bend, Indiana, acknowledges that the Indiana Alcoholic Beverage Commission and the Alcoholic Beverage Board of St. Joseph County have specific powers and duties granted to it by State legislation. SECTION II. The Common Council believes that the Indiana Alcoholic Beverage Commission should re- evaluate the new direction it has recently taken in reversing the local Board's decision which denied the sale of alcoholic beverages at the same location where fuel, gasoline, and other petroleum products are proposed to be sold. SECTION III. The Common Council firmly supports the Alcoholic Beverage Board of St. Joseph County and its long standing policy to deny such requests since our local policy is firmly supported by overriding public health and safety concerns. SECTION IV. This Resolution shall be in full force and effect after its adoption by the Common Council and approval by the Mayor. /s /Stephen Luecke s/ Ann Puzzello Stephen Luecke, First District Ann Puzzello, Fourth District /s /Donald Niezgodski /s/ Linas Slavinskas Donald Niezgodski, Second District Linas Slavinskas, Fifth District /s/ William Soderberg /s/ Thomas Zakrzewski William Soderberg, Third District Thomas Zakrzewski, Sixth District /s/ Sean Coleman /s/ Loretta Duda Sean Coleman, At Large Loretta Duda, At Large