05-24-04 Council Meetng Minutes - Laserfiche WebLink

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REGULAR MEETING MAY 24, 2004 and agricultural land in the county zoned "A" Agriculture. Access to the site if from Mayflower Road. Water and Sewer are available to the site. The drainage has not been addressed by the petitioner. The total site to be rezoned is 26.17 acres. Of that, the buildings will occupy 3.12 acres, or 11.9 percent of the site. Parking and drives will occupy 6.67 acres, or 25.5 percent of the site. Open space will occupy 16.38 acres, or 62.6 percent of the site. A check of the Agency's maps indicates that no public wells, wetlands, flood or environmental hazard areas are present. The site plan is preliminary. The City Engineer made the following comments: A drainage plan is required at the final site plan stage. The City Engineer made the following comments: A drainage plan is required at the final site plan stage. In 2002, this site received a favorable recommendation from the APC and was approved by the Council for a rezoning to "R -2" Residential for multi - family residential development with a club house. Based on information available prior to the public hearing, the staff recommends that this petition be sent to the Common council with a favorable recommendation, subject to a final site plan. This is an existing apartment complex that is being annexed into the City of South Bend. This rezoning is necessary so the apartments are properly zoned in the City. Mr. Mike Danch, Danch Harper & Associates, 2422 Veridian Drive, Suite 201, South Bend, Indiana, made the presentation for this bill on behalf of Ronald and Beverly Matthys, LLC. Mr. Danch advised that the petitioner is seeking a voluntary annexation and rezoning of 26.17 acres of land located in Portage Township, St. Joseph County, Indiana. The petitioner is requesting a zone change from "R -2" Residential (County) to `B" Residential, `B" Height and Area (City) to allow multi - family residential and a community center for the residents. 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 Varner made a motion for favorable recommendation to full Council concerning this bill as substituted, and set this bill for third reading on June 14, 2004. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 26-04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING NEW FUND TO BE KNOWN AS THE SOUTH BEND RAINY DAY FUND ( #102) Councilmember Pfeifer made a motion to hear the 2nd substitute version of this bill. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Dieter, Chairperson, Personnel & Finance Committee, reported that this committee met on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Rick 011ett, City Controller, 14'h Floor Council -City Building, South Bend, Indiana, made the presentation for this bill. Mr. 011ett addressed the changes in the 2nd Substitute version of this bill. He indicated that the ordinance title has been changed to reflect the creation of this fund and is an amendment to the South Bend Municipal Code. The enabling statute, Indiana Code §36- 1-8-5.1 has two versions, the Statement of Purpose and Intent of the Substitute Bill confirms that the City of South Bend has selected the version of I.C. 36 -1 -8.5.1 that was amended by Public Law 267 -2003 (also known as version "b "). This version seems to grant broader authority to a political subdivision in the use of the fund, and it is the same version cited by the County in its Rainy Day Fund ordinance. The proposed language has been clarified, yet retains the same general grant of authority to use the fund for any other purpose consistent with law. A subpart has been added to mirror the restriction set forth 7