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REGULAR MEETING October 22, 2018
<br /> BILLS—THIRD READING
<br /> BILL NO.
<br /> 34-18 THIRD READING ON AN ORDINANCE OF
<br /> THE COMMON COUNCIL OF THE CITY OF
<br /> SOUTH BEND, INDIANA, ANNEXING TO AND
<br /> BRINGING WITHIN THE CITY LIMITS OF
<br /> SOUTH BEND, INDIANA, AND AMENDING
<br /> THE ZONING ORDINANCE FOR PROPERTY
<br /> LOCATED IN PORTAGE TOWNSHIP,
<br /> CONTIGUOUS THEREWITH; COUNCILMANIC
<br /> DISTRICT NO. 6, FOR A 61.75 ACRE TRACT
<br /> OF LAND ON THE WEST SIDE OF NEW
<br /> ENERGY DRIVE APPROXIMATELY 350 FEET
<br /> NORTH OF STATE ROAD 23, SOUTH BEND,
<br /> INDIANA (COUNCIL PORTION ONLY)
<br /> Councilmember Gavin Ferlic made a motion to accept the second (2"d) Substitute version of Bill
<br /> No. 34-18. Councilmember Jake Teshka seconded this motion which carried by voice vote of nine
<br /> (9) ayes.
<br /> Councilmember Oliver Davis requested a letter to be read into the record.
<br /> Tim Corcoran, Director of Planning for the Department of Community Investment with offices
<br /> located on the 14th floor of the County-City Building, South Bend, IN, stated, On October 16th of
<br /> this year, Michael Divita of the Planning Department sent a letter to Council and President Scott
<br /> that talked about the impact of change and the requested zoning on the Blad Annexation Area
<br /> Fiscal Plan. At the October 8th, 2018 meeting of the Common Council,the Council held a second
<br /> (2"d)reading on Bill No. 34-18 which proposes a voluntary annex and zone of the Blad Annexation
<br /> Area into the City of South Bend. Based on public comment at the second (2nd) reading, the
<br /> petitioner amended its zoning request from GI, General Industrial District, as originally filed, to
<br /> LI, Light Industrial District. At that October 8th meeting, the Council also adopted the fiscal plan
<br /> for the Blad Annexation Area. Although the fiscal plan on page four(4) states the petitioner seeks
<br /> to rezone the land to GI, General Industrial District, please note the petitioner's amended zoning
<br /> request to LI, Light Industrial District would have no material impact on the policy concerning the
<br /> provision of services as described in the adopted fiscal plan. Thus, any change requested from the
<br /> GI to LI for the Blad and Ceres Annexations has no effect on the approved fiscal plan.
<br /> Councilmember Oliver Davis interjected, Could our attorney, pending the passage of this tonight,
<br /> could you give the calendar you have outlined in order for this to been taken care of, from the
<br /> mayor signing it and so many days and all those other kinds of things, remember?
<br /> Bob Palmer, Council Attorney with offices on the 4th floor of the County-City Building, South
<br /> Bend, IN, stated, The Mayor must sign it within ten (10) days. At that point there is an appeal
<br /> period of thirty(30)days from and after the date the Mayor signs. The annexation will be effective
<br /> at the end of that thirty (30) day period if there is no appeal. If there is an appeal, it will become
<br /> effective when that appeal is denied if it is denied. The only issue at this point is if there is an
<br /> appeal filed and it pends in court for up to sixty(60) days,the annexation would not take effect by
<br /> the end of this year. Therefore, because no annexation can become effective in the year before a
<br /> census, the annexation would not become effective until January 1St, 2020.
<br /> Councilmember Oliver Davis interjected, Thank you, I appreciate your kindness.
<br /> Councilmember Gavin Ferlic made a motion to adopt Substitute Bill No. 34-18. Councilmember
<br /> Karen White seconded this motion which carried by a roll call vote of nine (9) ayes.
<br /> 35-18 THIRD READING ON AN ORDINANCE OF
<br /> THE COMMON COUNCIL OF THE CITY OF
<br /> SOUTH BEND, INDIANA, ANNEXING TO AND
<br /> BRINGING WITHIN THE CITY LIMITS OF
<br /> SOUTH BEND, INDIANA, AND AMENDING
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