08-08-94 Council Meeting Minutes

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REGULAR MEETING AUGUST 8, 1995 there should be a disclaimer on all of his letters indicating that he is not the final authority on any decisions. Council Member Washington indicated the action taken by the Commission is both arbitrary and capricious, when you take into consideration the steps required by the HPC. He indicated when you look at the record it is clear a COA was not originally required. He indicated the Code Book reads that an application for a building permit shall also be deemed an application for a COA; and the good faith of Mr. Laskowski has to be assumed since he relied on the information given to him by the Director. Council Member Slavinskas indicated the HPC has given up some of its authority when they let a new historic district play a part in setting up the standards, and the standards in this district were not set until November 1993. He asked if at anytime the members of the HPC ever voted at a regular scheduled meeting that the minimum standards were applicable to the River Bend Historic District until the District formed its own standards. Aladeen DeRose indicated she could not give a yes or no answer, but the minute a District is created standards must be applied and COA must be required. She indicated that standards have to be in place when a District is created. Council Member Slavinskas indicated that in this particular case he did not feel HPC took official action setting the standards. Kathleen Cekanski - Farrand indicated the preponderance of the evidence is the standard the Council should consider. Council President Puzzello indicated there were two issues for review and two issues only, and the first issue is whether the petitioner is required to apply for a COA in light of HPC's staff letter of April 22, 1993. Council Member Luecke indicated he did not feel the staff letter had anything to do with the COA. He indicated that HPC was correct in requiring COAs for this project and for any project in a local district immediately after designation. He indicated he felt the HPC letter did impact item two. He made a motion to uphold the decision of the HPC to require COAs for this project. The motion failed for lack of a second. Council Member Slavinskas made a motion that the petitioner was not required to apply for a COA in light of the HPC staff letter dated April 22, 1993, seconded by Council Member Washington. The motion carried on a roll call vote of seven ayes and two nays (Council Members Luecke and Duda.) REPORTS OF CITY OFFICES Don Inks, Director of Business Assistance, spoke regarding Community and Economic Development's Micro Loan Program. He indicated they have made twenty loans to sixteen companies. He indicated the State program has very few regulations, and interest free loans. He indicated the maximum loan limit is $25,000. Council Member Slavinskas made a motion to resolve into the Committee of the Whole, seconded by Council Member Coleman. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on August 8, at 9:20 p.m., with nine members present. Council Member Kelly presiding. BILL NO. 59 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1919 S. CARLISLE STREET, IN THE CITY OF SOUTH BEND, INDIANA. Council Member Slavinskas made a motion to strike this bill, at the request of the petitioner, seconded by Council Member Coleman. The motion carried. BILL NO. 63 -94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 215 E. IRELAND RD., IN THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Slavinskas reported that the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorable. John Byorni, Senior Planner Area Plan, gave the Commission report, which was favorable. He indicated the petitioners were planning to use an existing office building for vacuum cleaner distribution, sales training center, office and commercial rental space. Stuart Linder, 61667 Locust Rd., made the presentation for the bill. He indicated they were requesting this rezoning to allow for a change in the site plan. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Washington. The motion carried. BILL NO. 70 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "ZONING" BY PROVIDING FOR RECYCLING DROP OFF CENTERS.