09-14-15 Common Council Meeting Minutes

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REGULAR MEETING September 14, 2015 Councilmember Karen White requested a motion to accept the substitute version of Bill 35-15. So moved by Councilmember Valerie Schey. Councilmember Mr. Gavin Ferlic seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Oliver Davis Chairperson, Zoning & Annexation Committee, reported that they met this afternoon on this bill and sends it to the full Council with no recommendation due to the lack of quorum this afternoon. th Matthew Chappuies, Area Plan Commission, Offices on the 11 Floor – The petitioner is requesting a zoning change from CB district to MU to allow for store changes on the first floor retail and second floor dwelling unit. He showed a diagram of the site illustrating the site and the current progress and improvements made thus far. There are two spaces for parking. There’s an area for trash as one of the requirements for the zoning ordinance. The other variances are for parking, perimeter landscaping, and height for the building. This building is already in existence and has a height of 21’ as part of the MU district has a minimum height of 22’. At the meeting in August the Area Plan Commission approved all four variances and sends this to you with a favorable recommendation. Petitioner: Sheryl Luczkowski, Owner of Flowers by Stephen, 4325 S. Michigan St., South Bend, IN – I am here to ask for these variances to change the district from CB to MU to renovate the apartment that is already built on the second floor. That way I can renovate it, as I will probably be living there. The dumpster will be enclosed and decorated with potted plants. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Gavin Ferlic made a motion for favorable recommendation to full Council concerning this bill. Councilmember Derek Dieter seconded the motion which carried by a voice vote of nine (9) ayes. 40-15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 1, BY UPDATING SECTION 17-4 ADDRESSING DRAIN AND DOWNSPOUTS DISCONNECTION REQUIREMENTS th Councilmember Gavin Ferlic made a motion to continue Bill 40-15 to October 12, 2015 and send back to the Utilities Committee. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. 45-15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 4, ARTICLE 4, SECTION 4-45 OF THE SOUTH BEND MUNICIPAL CODE BY INCLUDING NEW REGULATIONS ADDRESSING MOBILE FOOD VENDORS, MOBILE FOOD VENDING VEHICLES, AND UPDATING RESTAURANT REGULATIONS Councilmember Karen White, Chairperson, Personnel & Finance Committee, reported the committee held a public hearing and due to lack of quorum send this to the full Council with no recommendation. Sponsors: Councilmember Gavin Ferlic, 1109 Duey St., South Bend – thanked his fellow co- sponsors Oliver Davis and Tim Scott, and thanked Community Investment for taking the lead on this. Presenter: Michelle Adams and Sarah Heintzelman, Department of Community Investment, th Offices on the 14 floor – The Department of the Community Investment is here to request the Common Council to allow an amendment to the restaurant ordinance for food trucks as an allowable business type in South Bend. Given that we are already amending the restaurant ordinance we were taking the opportunity to align the ordinance with the Saint Joseph County Health Department that addresses all establishments that provide food and beverage services. In the past the County only allowed food trucks for hot dog stands and for certain events and they 2