Laserfiche WebLink
REGULAR MEETING NOVEMBER 26, 2012 <br /> <br /> <br /> <br /> <br />on the south side. He stated that he wished that he could give a multi-million dollar project, but <br />sometimes you have to crawl before you can walk. He stated that here they have a gentleman <br />that has invested five years of his life the last two as an owner of this property that is trying to do <br />the right thing. The neighbors have really known him, spoke on his behalf, this was not <br />orchestrated by him, they came on their own both to the committee meeting and the meeting this <br />evening. Here are the adjectives: concern, humble, easy to work with, problem solver, good <br />guy. He advised Mrs. McCauley told us the other evening for the Council that were not in <br />attendance, she was very ill, she had surgery, possibly cancer, and this man brought her <br />grocery’s to her at her home. He stated that those are some of things the type of guy that the city <br />has an opportunity to work with. He stated that Mr. Danch talked about the enforceable <br />commitments that run with the property and made the commitment to do. He also talked about <br />the neighbors within the 300 foot radius, anybody can go out and get all the petitions that they <br />want, but if you look at those neighbors within the 300 foot radius the greater majority of those <br />neighbors support this project. <br /> <br />Mr. Danch reiterated on the written commitments because one of the ladies here tonight had <br />some concerns on exactly on how those commitments were going to be enforced. He stated that <br />those written commitments would run with the property and that they are enforceable by the City <br />of South Bend, by this Council, by the Building Department, by the Area Plan Commission. Mr. <br />Danch stated that if they go to the Area Plan Commission for those written commitments, it is <br />also enforceable by the neighborhood as well for everything that they said in the written <br />commitments. He stated that so not only does this body have that authority to watch what <br />happens on this piece of property but the neighborhood also has the ability to do that. He stated <br />that they are adding two gas pumps to this location. He stated that he heard tonight people speak <br />that if it was on the other side of the street, apparently that wouldn’t have been that much of a <br />problem, however, the parcel is located on the north side of the street. He stated as he mentioned <br />to those particular residents if we were to be located on the south side we would still be before <br />this council asking for almost the same identical variances and special exception. The last thing <br />was the business plan, and he would certainly hope that the Council doesn’t set a precedent for <br />re-zonings, by asking every business owner to submit a business plan or how they are going to <br />do their business in the City of South Bend. He stated that in all his experience it has never go to <br />that extreme. He stated that the only time that the Council has every asked for those is when tax <br />money is being used. He stated this project is solely being funded by the owner. <br />Councilmember Scott advised that he is in favor of business, but has concerns with the data <br />given to the Council and residents. He stated that we are just in the crawling stages of this <br />development. <br /> <br />Councilmember Henry Davis, Jr. stated that he has three concerns regarding this bill. He stated <br />that his first concern being enforcement, the second the lack of economic development in the <br />area and third concerns of the neighborhood. <br /> <br />Councilmember Schey advised that she is in favor of this development. <br /> <br />Councilmember Dr. Fred Ferlic stated that the city needs to quit being so “anti-business.” <br /> <br />Councilmember Dr. Davis Varner wondered why this can’t be a win/win situation for everybody. <br /> <br />After much discussion between Councilmember’s, it was suggested that this bill be withdrawn. <br /> <br />Mr. Danch stated that the petitioner would withdraw this bill and send a letter to the Clerk’s <br />Office. <br /> <br />Councilmember Oliver Davis made a motion to strike this bill from the agenda. Councilmember <br />Varner seconded the motion which carried by a voice vote of nine (9) ayes. <br /> <br /> <br /> <br />BILL NO. 62-12 PUBLIC HEARING ON A BILL OF THE COMMON <br /> COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, <br /> AMENDING CHAPTER 9, ARTICLE 3 OF THE SOUTH <br />8 <br /> <br /> <br />