07-12-99 Council Meeting Minutes

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REGULAR MEETING JULY 12, 1999 of the Police and Fire Departments and they are not the responsibility of the Council. However, the City does have a fiduciary responsibility when it comes to the welfare of the City including liability and it is well within the bounds of the Council to review and recommend that something may or may not be done or changed. The Council has a responsibility and it must do so in an informed manner. Therefore, it is hoped that some guidelines can be provided. A Public Hearing was held on the Resolution at this time. Mr. Jim Cierzniak, 1156 East Victoria, South Bend, Indiana, indicated that he believes it is very important for the Council to review this matter and inquired if this review included all leased vehicles. Mr. Cierzniak was advised that this review did include leased vehicles. There being no one present wishing to speak to the Council in opposition to this Resolution, Councilmember Varner made a motion to adopt the amended version of this Resolution. Councilmember Uj dak seconded the motion which carried and this Resolution was adopted by a roll call vote of nine (9 ayes. RESOLUTION NO. 2758-99 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1406- 1408 -1410 LINCOLN WAY WEST SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36 -7 -4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within thirty (30) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36 -7 -4- 918.4; and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a special exception be granted for the property located at in order to permit 1406 - 1408 -1410 LINCOLNWAY WEST SOUTH BEND, INDIANA COMBINED USE IN "C" COMMERCIAL SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the Petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: The approval will not be injurious to the public health, safety, morals, and general welfare of the community;