09-08-97 Council Meeting Minutes

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REGULAR MEETING SEPTEMBER 8, 1997 This bill had third reading. Council Member Coleman made a motion to amend the bill, as amended in the Committee of the Whole, seconded by Council Member Sniadecki. The motion carried. Council Member Coleman made a motion to pass the bill, as amended, seconded by Council Member Sniadecki. The bill passed by a roll call vote of eight ayes. BILL NO. 84 -97 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY NORTH OF MISHAWAKA AVENUE FROM THE EAST RIGHT -OF -WAY OF SOUTH 25TH STREET TO THE WEST RIGHT -OF -WAY LINE OF THE FIRST NORTH -SOUTH ALLEY EAST OF 25TH STREET FOR A DISTANCE OF APPROXIMATELY 128 FEET AND A WIDTH OF 12 FEET. PART LOCATED IN BERNER GROVE 1ST ADDITION, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Council Member Coleman made a motion to defeat this bill, seconded by Council Member Borden. The bill was defeated by a roll call vote of eight ayes. RESOLUTIONS RESOLUTION NO. 2507 -97 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 LOT J, BELLEVILLE GARDENS, WEST OF DOGWOOD AND S. PARKWAY, SOUTH BEND, INDIANA (MAILING ADDRESS: 159 N. SUMMIT DRIVE, 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; 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: Lot J, Belleville Gardens, west of Dogwood and S. Parkway, South Bend, Indiana 46619 (Mailing address: 159 N. Summit) in order to permit a fair and carnival in "A" Residential. 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,