07-22-13 Common Council Meeting Minutes

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REGULAR MEETING JULY 22, 2013 Council Attorney Kathleen Cekanski-Farrand: Yes. Councilmember Oliver Davis made a motion for favorable recommendation to full Council concerning this bill. Councilmember Schey seconded the motion. The motion carried by a roll call vote of six (6) ayes and two (2) nays (Councilmember’s White and Dieter.) BILL NO. 26-13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 5 PLANNED UNIT DEVELOPMENT DISTRICT, SECTION 21-05 PLANNED UNIT DEVELOPMENT DISTRICT, TO REVISE THE CRITERIA USED IN DETERMINING MAJOR/MINOR CHANGES TO APPROVED SITE PLANS AND REMOVING TIME LIMITS TO OBTAIN SECONDARY APPROVAL Councilmember Dr. Fred Ferlic, Chairperson, Zoning & Annexation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this amended bill to the full Council with a favorable recommendation. th Angela Smith, Planner, Area Plan Commission, 11 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Smith advised that the purpose of this bill is to make certain amendments to the section of the Zoning Ordinance that regulates Planned Unit Developments. The changes, as presently proposed, would remove the time constraints for the submittal of final plans and clarify that the Executive Director of the Area Plan Commission could allow certain changes if approved at a public hearing by the Area Board of Zoning Appeals. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 28-13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20 THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 13 ENTITLED MOPED REGULATIONS, AND AMENDING SECTION 2-123 SCHEDULE OF ORDINANCE AND CODE VIOLATIONS Councilmember Gavin Ferlic left the Chambers at this time. Councilmember Dr. Fred Ferlic made a motion to accept the substitute version of this bill as on File in the Office of the City Clerk. Councilmember Schey seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember White, Chairperson, Health & Public Safety Committee, reported that this committee held a Public Hearing on this substitute bill this afternoon and sends it to the full Council with a favorable recommendation. Councilmember Gavin Ferlic returned to the Chambers at this time. 15