02-14-11 Common Council Meeting Minutes

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REGULAR MEETING FEBRUARY 14, 2011 BILL NO. 75-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTIONS 2-8 AND 2-10 OF CHAPTER 2, ARTICLE 1 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING PROCEDURES GOVERNING THE COMMON COUNCIL Councilmember Dieter made a motion to continue this bill until the February 28, 2011 meeting of the Council. Councilmember Henry Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 02-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21, ZONING, ARTICLE 12, FLOODPLAIN REGULATIONS IN ORDER TO MAKE CORRECTIONS IN ORDINANCE NO. 1003 7-10 Councilmember Oliver Davis, Vice Chairperson, Zoning & Annexation Committee, reported that this committee met on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Christa Nayder, Staff Planner, Area Plan Commission, 11th Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Nayder advised that the Federal Emergency Management Agency prepared a new study of flood-prone areas throughout St. Joseph County, Indiana which identifies the floodplains, floodways, and floodway fringe areas in conjunction with the National Flood Insurance Program. In addition, a new model ordinance had been prepared to use as a template to revise local ordinances. In August 2010, the Area Plan Commission heard, and gave a favorable recommendation to an updated floodplain ordinances in anticipation of the new maps, effective January 6, 2011. The ordinance was approved by the Common Council on October 2, 2010 as Ordinance No. 10037-10. Ms. Nayder stated that the Area Plan Commission Staff was informed by the Indiana Department of Natural Resources (DNR)that additional changes were needed. She noted that this ordinance addresses those changes which were text changes, typographical errors and one (1) definition change. Ms. Nayder advised that the Area Plan Commission held a public hearing on January 18, 2011 and sends this bill to the Common Council with a favorable recommendation. 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 Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 86-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14.5, ARTICLES 1 AND 2; ADDING ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING AFFIRMATIVE ACTION PROCEDURES 3