11-11-02 Council Meeting Minutes

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REGULAR MEETING NOVEMBER 11, 2002 The following person spoke in opposition to the Resolution. Ms. Rita Kopala, 66559 Ivy Road, Lakeville, Indiana, informed the Council that she owns one hundred fifty (150) acres of land. She noted that at the last County Council meeting the twenty (20) acre rule was passed. She further noted that the South Bend Tribune never gave notice of the twenty (20) acre rule until after it was approved at the County Council meeting. In February of this year the Council Chambers was full of people who objected to the twenty (20) acre rule and it was put off until the future. Again the South Bend Tribune never notified the public of this meeting and no one spoke against this discussion in October when it was passed. No one knew it was happening. Ms. Kopala stated that there are only two (2) counties in Indiana that have the twenty (20) acre rule and that is because most people do not want their rights and their land taken away from them. She talked at length about notification concerning laws that are being enacted and stated that there are no radio programs or newspapers to inform the public about what is really taking place. There was no one else present wishing to speak in opposition to this Resolution. In rebuttal, Mr. Sante stated that at the meeting that was held in October when the County Council adopted the Comprehensive Plan there was a discussion of the twenty (20) acre rule. He noted that the twenty (20) acre rule has been in effect since 1979. The Comprehensive Plan proposes not to change the twenty (20) acre rule but to leave it in effect and therefore in effect no new legislation is being proposed regarding the twenty (20) acre rule. Mr. Sante further stated that in 1998 an eighteen (18) member committee made up primarily of farmers was established to study whether or not the twenty (20) acre rule was working as intended in order to preserve farm land. This was being done even before the Comprehensive Plan process began. They studied the twenty (20) acre rule for about one and one -half years (11/2) years and the consensus was that the twenty (20) acre rule was working as intended to preserve farmland and to prevent sprawl. It was recommended that it be left in and that it be revisited in another five (5) years to see whether or not it was still working at that point. There was convincing evidence that farmland was being preserved and sprawl was being avoided. He noted that far less farmland is being taken out of production than most people believe and they did have facts to show that only around fifteen per cent (15 %) to twenty per cent (20 %) of that land is actually be converted from farm land to something else with the vast majority either still being used as farmland or not being farmed. Councilmember King made a motion to adopt this Resolution. Councilmember Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. BILLS - FIRST READING BILL NO. 89 -02 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE CITY OF SOUTH BEND AND HAVING A STREET ADDRESS OF 809 N. MICHIGAN STREET This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 90 -02 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 615 NORTH MICHIGAN STREET IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Varner made a motion to refer this bill to the Area Plan -20- 1 1