07-14-14 Common Council Meeting Minutes

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REGULAR MEETING JULY 14,201 positions, I don't do it, my kids don't do it, but it's our choice. For that reason, I will not support this. Councilmember White- I would like to thank the sponsors the council and the citizens in the manner you come before the council, this is a very tough issue. I do have brother and sister that smoke, I've done my research in and out. Clearly moving forward I appreciate the debate at this point I will be supporting this ordinance, unfortunate regardless of supporting it or not we have to respect all of our citizens, it's not a win/win. We have to be about the business, it's unfortunate that we will not have the presenters. Councilmember Henry Davis- I like to thank all those who participated on this it's great when we have people participate in local government. I'm ready to take the vote. Councilmember Schey- On this issue, we listen to those who have the greatest impact and that would be the business owners, it would put South Bend business owners at a disadvantage. Right now citizens, have the choice, while we are attract new businesses here in South Bend we have to protect the ones we already have, at the request of the South Bend by- owners I will not be supporting this bill. Councilmember Gavin - Thank you for all the supporters who came out tonight, I'm still hopeful for a favorable vote. I thank everyone for the respectful debate, I just implore the council to not be influenced by the fear of the unknown, and it's not the unknown we have tons of research on this, we can really do something positive. If anything there is a positive impact for business and employees. I really think South Bend can take the lead. This is a worker issue we have employees who are exposed to smoke for long periods of time, it is preventing us from passing an ordinance that can save someone's life. Councilmember Dieter, I move for unfavorable recommendation. Councilmember Henry Davis seconded the motion which carried by a voice vote of five (5) ayes and four (4) nays by Councilmembers Dr. Ferlic, Mr. Ferlic, White and Scott. BILL NO. 32 -14 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 140 NILES AVE., COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Scott, Chairperson, Zoning & Annexation Committee, committee met this afternoon and send bill 32 -14 to the full Council with no recommendation. Council Attorney Kathy requested a motion to accept the substitute version of bill 32 -14. Sole moved by Councilmember Dieter. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. Presenter: Christa Hill- Offices on the 11 floor- the proposed zoning is located between NE corner of Jefferson and Niles Rd. the proposal is change the zoning from CBD to PUD. Across the street is a restaurant, a tavern, and park. They are proposing 96 foot tall mixed use building the footprint would not exceed 9, 951 sq. ft. the number of residential units has been reduced to 42 and non -units would not go over 34,000 sq. ft. The department of Community Investment made a statement that they will support height variances up to 8 stories or up to 96 foot, however the facility must other an amenity. Prior to the public hearing we received three letter of opposition, four people spoke in favor four people spoke against. It comes to you with an unfavorable recommendation from the Area Plains Commission. Councilmember Dieter who were the people who spoke in favor? Ms. Hill responded John Moriston, resident, Tim Cain Dept. of Community Investments, and Don Diets & David Eastman from Howard Park. Councilmember Henry Davis is the biggest issue the parking issue, so that was put in place to address those concerns? Ms. Hill responded that, was correct.