07-23-12 Common Council Meeting Minutes

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REGULAR MEETING JULY 23, 2012 Ms. Nayder advised that the request is a text change amending Chapter 21 of the South Bend Municipal Code, Article 9, Administration, Section 21-09.05 Development Review Procedures, in order to add a new section (h) Combined Public Hearing Procedures. She stated that presently, there are four procedures between the zoning and subdivision ordinances that affect future development: rezoning, subdivision, variance and special exception. Rezonings are filed with the Common Council, referred to the Area Plan Commission for public hearing and recommendation, and then returned to the Common Council. Subdivisions are submitted directly to the Area Plan Commission and referred to the Plat Committee. Variances are filed with the Building Department and heard by the Area Board of Zoning Appeals. Special Exceptions are also filed with the Building Department and heard by the Area Board of Zoning Appeals, but returned to the Common Council with a recommendation. In July 2011, a State statute change allowed an Area Plan Commission to hold a combined public hearing on all four of the above items. She stated that based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. The combined hearing offers a more efficient development process, a strategy suggested by land use and economic development objectives in City Plan. It will reduce the number of public hearings for the developer and the public to attend, have one point of contact for developers, and allow for one legal advertisement and notification process. The combined hearing procedure can only be initiated at the request of the petitioner. 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 nine (9) ayes. BILL NO. 30-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING AN ADDITIONAL $100,000 IN CITY GENERAL FUND #101 CODE ENFORCEMENT DEPARTMENT FOR ILLEGAL DUMPING CLEANUP ACTIVITIES TO BE PERFORMED BY SOLID WASTE DEPARTMENT AND REIMBURSED FROM GENERAL FUND #101 TO SOLID WASTE OPERATING FUND #610 IN 2012 Councilmember White, Chairperson, Personnel & Finance Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. th Catherine Toppel, Director, Code Enforcement, 13 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Toppel advised that this bill would appropriate $100,000.00 from the General Fund 101 to enable the continuing clean up of certain illegal dumping within the City of South Bend. She stated that on January 9, 2012, the Common Council passed Ordinance No. 10145-12 which appropriated $130,000 for the purpose of covering all costs to enable cleanup of certain illegal dumping. The appropriation approved by Ordinance No. 10145-12 was for the period ending June 30, 2012, after which the program was to be evaluated for its efficacy. She stated that her department has shown data that the illegal dumping program has been highly successful and that it should be continued through the remainder of calendar year 2012. To do this, an appropriation of an additional $100,000 is necessary. She stated that it is a total of $230,000 in funds for calendar year 2012. She 6