09-11-06 Council Meeting Minutes

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REGULAR MEETING SEPTEMBER 11, 2006 Councilmember Pfeifer made a motion to continue this bill until the September 25, 2006 meeting of the Council. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. REPORTS OF CITY OFFICES DIRECTOR OF PUBLIC WORKS – GARY GILOT Mr. Gilot advised that South Bend took over the Erosion and Sediment Control Program review by new ordinance effective September 1, 2006. No new plans have been submitted as of yet. The development activities that are ongoing received their permits through IDNR and local Soil and Water Conservation office. He stated that they have prepared for their new responsibility of this program by developing checklists for project designers, plan review, and inspections. We are ready and expect we will see an influx of requests this winter and nest spring lining up developments for 2007. They have provided 3 education seminars for contractors and developers over the past year to emphasize outreach and education over enforcement approach. There will be continuing contractor and developer education on erosion and sediment control products. They have started compliance inspection aspect of enforcement of the ordinance through our Engineering Inspection division of the Public Works Department including monitoring the upkeep of erosion control measures and sediment clean up at developments under construction. He stated that although they are not requiring sites to stay clean before the ordinance, now we have the clearer authority/responsibility to require corrective or as a last resort enforce disciplinary action. Mr. Gilot stated that the bottom line is that it’s a new program, with not too much to report as of yet, but his is prepared to administer the ordinance. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:10 p.m., Councilmember Kelly made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember White, presiding. Councilmember White explained the procedures to be followed for tonight’s meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code and that pamphlets were available to the public, which outline the Council rules and procedures, and are located on the railing in the Council Chambers. PUBLIC HEARINGS BILL NO. 40-06 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 273 FEET TO THE SOUTH OF 1424 SLATER DRIVE, LOT 53 IN LAFAYETTE FALLS, SECTION FOUR, COUNCILMANIC DISTRICT 6 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Ervin Kuspa, Chairperson, Zoning and Annexation Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. th Mr. Robert Nemeth, Staff Planner, Area Plan, 11 Floor County-City Building, South Bend, Indiana, presented the report from the Commission. Mr. Nemeth advised that the Petitioner is requesting a zone change from “SF1” Single and Two Family to “SF2” Single and Two Family to allow smaller single-family residential lots. On site is agricultural land zoned “SF1” Single Family. To the north is a agricultural and residential land zoned “SF1” Single Family. To the east is agricultural land zoned “SF1” Single Family. To the south is agricultural land zoned “SF1” Single Family. To the west is agricultural land zoned “SF1” Single Family. The “SF2” Single Family Residential District is established to protect, promote and maintain the 2