07-10-89 Council Meeting Minutes

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REGULAR MEETING JULY 10. 1989 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, July 10, 1989, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Luecke, Niezgodski, Soderberg, Puzzello, Slavinskas, Zakrzewski Coleman, Duda and Voorde Absent: None REPORT FROM THE SUB- COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the June 26, 1989 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ John Voorde /s/ Ann Puzzello Council Member Coleman made a motion that the minutes of the June 26, 1989, of the Council be accepted and placed on file, seconded by Council Member Zakrzewski. The motion carried. SPECIAL BUSINESS 89 -57 A RESOLUTION OF THE SOUTH BEND COMMON COUNCIL ADOPTING A WRITTEN FISCAL PLAN ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA IN CENTRE TOWNSHIP. WHEREAS, S & H Partnership has petitioned the Common Council to annex an area specifically described in Attachment "A ", incorporated herein; and WHEREAS, responsible planning and State law require adoption by the City of a fiscal plan and adefinite policy for the provision of services to anexed areas; WHEREAS, such a plan has been developed and presented to the Common Council. SECTION I. The Common Council of the City of South Bend, Indiana, hereby approves and adopts the fiscal plan for the annexation of the area located in Penn Townshp near the intersection of Ireland and Ironwood Roads, more specifically described i Attachment "A ", which plan is attached hereto as Attachment "B" and made a part hereof, and hereby approves and adopts specific policies for implementation of the plan as set out therein. SECTION II. Implementation of the plan does not require the budgeting and appropriation of additional funds. SECTION III. All services of a noncapital nature will be provided to the annexed area within one (1) year after the effective date of annexation in a manner equivalent in standard and scope to those services provided to areas within the corporate boundaries that have similar topography, patterns of land use, and popluation density. SECTION IV. Capital improvements will be provided by the developer within three (3) years of the effective date of annexation. Implementation of the plan will no require the appropriation of funds for capital improvements to the annexed area by the City of South Bend, Indiana. SECTION V. The annexation will not result in the elimination of jobs of employees of another governmental entity. s /Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Dave Norris, Project Manger, Economic Development Department made the presentation on the bill. He indicated that resolution establishes a policy and a plan outling the City to provide services to approximately 4 acres of land located in Centre Twp. He stat that the developers S & H Partnership have petitioned to annex the property. Joe Guentert, 3510 Corby Blvd., spoke regarding whether the City could provide adequa police & fire protection. Council Member Slavinskas stated that the Zoning & Vacation Committee met on this bill and recommends it to the Council favorable. Council Member Luecke made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1736 -89 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, EXPRESSING DEEP CONCERN OVER THE UNITED STATES SUPREME COURT DECISION ON FLAG BURNING WHEREAS, on June 21, 1989, the U.S. Supreme Court handed down a 5 -4 decision which provides that the burning of the American Flag as a form of "political protest" is protected by the Constitution's free speech guarantees; and