06-13-11 Common Council Meeting Minutes

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REGULAR MEETING JUNE 13, 2011 Councilmember Puzzello stated that the difference between this project and the monstrosities is that this project is being made into a duplex and the Council is the deciding body to make that decision. In the case of the monstrosities, the property was already zoned multi-family. She stated that they did not come before the Council nor did they come before any other city body except maybe the Board of Zoning Appeals for variances. Councilmember Rouse stated that those residences are not in the same area. They are located south and north of the area in question. He also questioned with the widening of S.R. 23/South Bend Avenue how would these properties be affected. Mr. Stenz stated that there are plans for that area the NNDA that was developed in 2003 is being updated right now. He stated that they are almost certain of the widening of Indiana 23 a number of those houses and a lot of property along this neighborhood specifically are going to be taken by the State of Indiana. So it will be definitely affected very near these properties. Council President Dieter stated that he appreciates the intent and everything and commends all involved in doing great things in that area. He stated that this is a tough decision and made a motion to adopt this Resolution. Councilmember Oliver Davis seconded the motion. The motion died by a 4-4 tie vote. (Ayes: Henry Davis, Oliver Davis, Rouse, Dieter) (Nays: White, LaFountain, Puzzello, Varner) Council Attorney Kathleen Cekanski-Farrand advised that another motion would be fruitless, so the bill would be continued until the June 27, 2011 meeting of the Council when nine (9) members could be present. RESOLUTION NO. 4110-11 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND AN AMENDMENT TO THE AIRPORT ECONOMIC DEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION , WHEREAS the South Bend Redevelopment Commission (the “Commission”), the governing body of the South Bend Department of Redevelopment and the Redevelopment District of the City of South Bend, Indiana, pursuant to Indiana Code 36-7-14 (the “Act”), on April 26, 2011, approved and adopted its Resolution No. 2871 (the “Declaratory Resolution”), Exhibit A, amending the acquisition list in the Airport Economic Development Area Development Plan (the “Plan”) for the Airport Economic Development Area (the “Area”) and amending the Airport Economic Development Area Development Plan (the “Plan Amendment”); and , WHEREAS the Plan Amendment calls for the addition of the parcel located at 3408 Ardmore Trail, South Bend, Indiana, to the Acquisition List contained within the Plan; and , WHEREAS the St. Joseph County Area Plan Commission (the “Plan Commission”), which is the duly designated and acting official planning body for the City of South Bend, Indiana (the “City”), on May 17, 2011, adopted and approved a resolution, a copy of which is attached hereto as Exhibit B, determining that the Declaratory Resolution and the Plan Amendment conform to the plan of development for the City and approving, ratifying and confirming the Declaratory Resolution and the Plan Amendment, and designating such resolution as the written order of the Plan Commission approving the Declaratory Resolution and the Plan Amendment as required by Section 16 of the Act (the “Plan Commission Order”); and 36