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J-00 <br />REGULAR MEETING FEBRUARY 8, 1993 <br />Section I. That it is in the best interest of the City of South Bend and of the <br />area proposed to be annexed that the real property located in Penn Township, St. <br />Joseph County, Indiana, described in Table 2 of the Fiscal Plan, attached hereto and <br />made a part hereof, be annexed to the City of South Bend. <br />Section II. That it shall be and hereby is now declared and established that it <br />is the policy of the City of South Bend to furnish to said territory services of a <br />non- capital nature, such as street and road maintenance, police and fire protection, <br />within one (1) year of the effective date of the annexation, in a manner equivalent <br />in standard and scope to the services furnished by the typography, patterns of land <br />utilization and population density similar to said territory; and to furnish to said <br />territory services of a capital improvement nature, such as street construction, <br />street lighting, water facilities, sewer facilities, and storm water facilities, <br />within three (3) years of the effective date of the annexation, in the same manner <br />as those services are provided to areas within the corporate boundaries of the City <br />of South Bend that have characteristics of topography, patterns of land use and <br />population density similar to that of the territory to be annexed and in a manner <br />consistent with federal, state and local laws, procedures and planning criteria. <br />Section III. That the Common Council of the City of South Bend shall and does <br />hereby now establish and adopt the fiscal plan, attached hereto and made a part <br />thereof, for the furnishing of said services to the territory to be annexed. <br />Section IV. This Resolution should be in full force and effect upon its <br />adoption by the Common Council and approval by the Mayor. <br />/s/ Stephen Luecke <br />Member of the Common Council <br />A public hearing was held on the resolution at this time. Council Member Puzzello <br />reported that the Personnel and Finance Committee had met on this resolution and <br />recommended it to the Council favorably. Larry Magliozzi, assistant director of <br />Planning & Neighborhood Development, made the presentation for the resolution. He <br />indicated the fiscal plan shows this area meets the requirements of State Statutes <br />and the City is physically and financially able to provide municipal services to the <br />territory. Council Member Coleman made a motion to adopt this resolution, seconded <br />by Council Member Washington. The resolution was adopted by a roll call vote of <br />nine ayes. <br />Council Member Coleman made a motion to resolve into the Committee of the Whole, <br />seconded by Council Member Washington. The motion carried. <br />COMMITTEE OF THE WHOLE <br />Be it remembered that the Common Council of the City of <br />Committee of the Whole on February 8, 1993 at 7:06 p.m. <br />Chairman Zakrzewski presiding. <br />BILL NO. 107 -92 A BILL AMENDING THE ZONING ORDINANCE <br />IMMEDIATELY SOUTH OF AND ADJACENT TO <br />SCOTTSDALE MALL, IN THE CITY OF SOUT <br />South Bend met in the <br />with nine members present. <br />FOR PROPERTY LOCATED <br />THE SOUTH BOUNDARY OF THE <br />3 BEND, INDIANA. <br />This being the time heretofore set for public hearing on the above bill, proponents <br />and opponents were given an opportunity to be heard. Council Member Slavinskas <br />reported that the Zoning and Vacation Committee had met on this bill and recommended <br />it to the Council favorable. Council Member Luecke made a motion to accept the <br />substitute bill on file with the City Clerk, seconded by Council Member Coleman. <br />The motion carried. John Byorni, Area Plan, gave the staff report which was <br />favorable. Mark Boveri, attorney, made the presentation for the bill. He indicated <br />the petitioners were requesting this zoning in order to allow for the expansion of <br />the mall parking lot. He indicated that the revised site plan has 11 dry wells, and <br />a retention basin, which the mall will construct in order to help the water problem <br />in the area. Council Member Slavinskas made a motion to recommend this bill to the <br />Council favorable, as amended, seconded by Council Member Coleman. The motion <br />carried. <br />BILL NO. 109 -92 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1315 <br />EAST IRELAND ROAD IN THE CITY OF SOUTH BEND, INDIANA. <br />This being the time heretofore set for public hearing on the above bill, proponents <br />and opponents were given an opportunity to be heard. Council Member Slavinskas <br />reported that the Zoning and Vacation Committee had met on this bill and recommended <br />it to the Council favorable. Council Member Coleman made a motion to accept the <br />substitute bill on file with the City Clerk, seconded by Council Member Luecke. The <br />motion carried. John Byorni, Area Plan, gave the staff report which was favorable. <br />Mike Danch, Peirce & Associates, made the presentation for the bill. He indicated <br />this property was formerly the Wagon Wheel Restaurant, and they requesting a <br />rezoning in order to renovate the building for a Steak N Shake restaurant. He <br />indicated the rezoning was necessary in order to zone to a site plan. Council <br />Member Luecke made a motion to recommend this bill to the Council favorable, as <br />amended, seconded by Council Member Coleman. The motion carried. <br />BILL NO. 120 -92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, <br />ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, <br />