06-24-13 Common Council Meeting Minutes

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REGULAR MEETING JUNE 24, 2013 Councilmember Oliver Davis, Chairperson, Public Works and Property Vacation Committee, reported that this committee met this afternoon and voted to send this bill to the full Council with a favorable recommendation. Mr. Jeffrey L. Gritton, 718 Donmoyer Avenue, South Bend, Indiana, made the presentation for this bill. Mr. Gritton advised that the purpose of this vacation is to provide the opportunity to include the real property inside the recently purchased lot used for children’s recreation. The adjoining property has a pre-existing fence that most naturally extends through the real property, which is land locked and currently not used. The extension of the fence line in this way squares out property lines in the most natural and logical way. 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 either in favor of or in opposition to this bill, Councilmember Dr. David Varner made a motion to send this bill to the full Council favorably. Councilmember Schey seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 18-13 PUBLIC HEARING ON A BILL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTION 6-6.6, 6-6.7 AND 6-6.8 ADDRESSING SOILS AND WATER TABLE REVIEW REQUIRED AS PART OF THE PERMIT PROCESS rd Councilmember Dr. David Varner made a motion to accept the 3 Substitute version of this bill as on file in the Office of the City Clerk. Councilmember Scott seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember Oliver J. Davis, Chairperson, Public Works and Property Vacation Committee, reported that this committee met this afternoon and voted to send this bill to the full Council with a favorable recommendation. Councilmember Oliver J. Davis, 1801 Nash Street, South Bend, Indiana, made the presentation for this bill. nd Councilmember Oliver J. Davis advised that on June 5, 2013 a 2 Substitute Bill No. 18-13 was filed with the Office of the City Clerk which set forth the collaborative efforts of the legislative and administrative branches of city government working together. A map generated by GIS depicting “Wells Registered to Pump Over 100,000 Gallons Per Day in the Vicinity of South Bend” which is referenced in the proposed ordinance was also filed at that time which has been on display in the Council Informal Meeting Room. Councilmember Oliver J. Davis noted that in light of the input from John Byorni, Executive Director, Area Plan Commission, the only major rd change reflected in the 3 Substitute Bill of Bill NO. 18-13 which is Sec. 6-6.7 New Well Requirements and Affected Areas where the following language was deleted: “Before a subdivision that creates new public streets is made in the City, a Soils and Water Table Review shall be made to the Executive Director of the Area Plan Commission per Sec. 6-6.6 for inclusion and approval of the subdivision process. All development within the approved subdivision shall meet the requirements of Sec. 6-6.6(c)(d)(e) above.” Councilmember Oliver J. Davis stated that Mr. Byorni believes that language addressing any proposed regulations which address subdivisions would be more appropriate in the subdivision regulations which are codified into Chapter 21 of the South Bend Municipal Code. In that way, the Area Plan Commission would have the opportunity to provide input on those provisions in a separate ordinance. He stated that in summary, the proposed regulations would: become effective July 15, 2013 to give the Building Department and Department of Public Works to do outreach and education on the regulations. Require an applicant to review the Indiana Department of Environmental Management (IDEM) list of sites with significant water withdrawals. Authorizes 4