02-02-04 Zoning & Annexation - Laserfiche WebLink

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. Zoning and Annexation Committee February 2, 2004 Page 4 Mr. Sante stated that the proposed language in 5(I) is not consistent with state law with regard to the role of the Council on zone map amendments. The Council Attorney stated that she was at two(2) video conferences where attorneys from Baker and Daniels in Fort Wayne and Indianapolis, along with Mr. Sante, Mr. Byorni and other staff members. She noted that the conferences resulted in the attorneys disagreeing with regard to the interpretation of state law. She noted that the proposed language is similar to other cities and counties who have had their zoning codes rewritten as late as 2002. Mr. Byorni stated that he thought that the conferences ended with each counsel holding to their respective opinions, and that the Area Plan staff would not challenge the Council Attorney's interpretation. Mr. Myers noted that there are separate procedures set forth for zone maps, text amendments and replacement zoning amendments. He sees the "useful vision of the Area Plan Commission" and that there would be"cooperative efforts"made. Council Member Puzzello noted that she has several questions with regard to language proposed addressing residential districts. Council Member Pfeifer noted that two years ago the Council did not have sufficient information with regard to a topic,and that the Council tries to get as much information as possible so that they are not frustrated, so that the public is not frustrated and so that there is better accountability. The Council should not feel rushed or disloyal by making demands for more information. The Council needs information so that they can make good informed decisions. Mr. Sante suggested that perhaps a meeting could be held during the time between the Area Plan Commission meeting and the Council meeting. Council Member Kelly offered to give updates to the Council, in his role as the Council's representative on the Area Plan Commission. Council Member Kuspa stated that he is considering suggesting a special Council Meeting on February 18th, but will discuss it further with the Council President. Mr. Sante agreed with the Council Attorney that February 18th is the 90th day and therefor the last day which the Council can take action on the zoning ordinance. Mr. Sante requested to be updated on when the public hearing will take place so that he can update the consultant in Indianapolis. There being no further business to come before the Committee, Council Member Kuspa adjourned the meeting at 5:12 p.m. Respectfully submitted, Council Member Ervin Kuspa, Chairperson Zoning and Annexation Committee KCF:kmf Attachments