02-14-05 Council Meeting Minutes

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REGULAR MEETING JANUARY 24,2005 Councilmember Varner stated that one of the questions that arise from these kinds of rezonings are signage. What kind of sign is going to be placed out in front of the building? Is there going to be a huge lighted sign? Councilmember Varner asked that since the bill is being amended to limit the use can an agreement be reached to limit what type of signage can be used. Councilmember Varner stated that he would like to see a sign no higher than four (4) feet above the ground. Ms. Donohue stated that she is willing to an agreement on signage. She stated that she already had a copy of the rules on signage. Councilmember Pfeifer stated a concern that the restrictions are initiated by the Council and questioned that once the petitioner and Area Plan work out the agreement, the Council should have a chance to look at it, to make sure that the agreement is in compliance with the Council. Councilmember Puzzello stated that if this subject would come up again ten (10) years from now, how would anyone know that this agreement existed? Council Attorney, Kathleen Cekanski-Farrand stated that by State Law the commitments are limited solely to the jurisdiction of the Area Plan Commission. If the Council would go forward this evening by limiting the use solely to a full service beauty salon, that is it. That is the only use that can take place, the commitment is then recorded, and the Council could obtain a copy of that document. Councilmember Rouse questioned whether the Council could approve this bill tonight without the Area Plan Commission hearing the commitments. Council Attorney, Kathleen Cekanski-Farrand stated that it is proper to send it back to Area Plan, subject to the commitment, where you are limiting the use solely to this one use. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given and 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 Varner made a motion for favorable recommendation to full Council concerning this bill as substituted and amended, subject to a written commitment approved by the Area Plan Commission, limiting the use solely to a full service beauty salon. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 3-05 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING ARTICLE 18 OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE TO SET AND ADJUST FEES FOR DOCUMENTS AND SERVICES Councilmember Kelly, Chairperson, Community and Economic Development 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. Mr. Thomas L. Bodnar, Assistant City Attorney, 1400 County-City Building, South Bend, Indiana made the presentation for this bill. Mr. Bodnar advised that this bill would allow an amendment to some existing charges along with a number of additional charges for services and documents the City may supply. The first change is the amount due for motor vehicle accident reports is raised to $5.00. This is a closer reflection of the accurate cost. I.C. 9-29-11-1(a) provides that $3.00 is a minimum fee which the City may charge. The motor vehicle inspection and the rebuilt salvage inspection has been combined at a uniform fee. The vast majority of such inspections are performed at the police station. I.C. 10-13-3-30 provides fees for 16