07-09-01 Council Meeting Minutes

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REGULAR MEETING JULY 9, 2001 Mr. Oxian noted that the Commission recommends this railroad trestle for historic landmark designation because it is one of a kind in St. Joseph County. At the present time it appears that the the railroad is abandoning this line. The railroad bridge was constructed in the 1890's by the Indiana, Illinois and Iowa Railroad also known as the Chicago Indiana Southern. This railroad company was very successful and mainly in the freight business. In 1917 the railroad was sold to the Michigan Central Railroad and later changed until today it is owned by the Norfolk and Southern Corporation. Mr. Oxian advised that it has been stated by the current owners that the Historic Preservation Commission did not have jurisdiction over this railroad line and he noted that the Penn Central Supreme Court decision in railroad train that local n tat ons,bridges or other other sPructures do have the authority to declare that belong to the public to declare them as local landmarks. Councilmember White stated for the record that a letter has been received from Mr. David Wilson indicating that the Norfolk Southern Railroad Company plans to abandon a segment of the railway line in South Bend, Indiana, so this would not present a problem if indeed this particular section would be land marked. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Gary Gilot, Director, Department of Public Works, 1300 County -City Building, South Bend Indiana, informed the Council that he would like to speak in favor of this matter. He reminded the Council that they have a letter on file from City Engineer Carl Littrell indicating that the use of this railroad trestle for the river walk extension along Riverside Drive from the downtown all the way out to the Darden Street bridge would be a valuable asset for the citizens of South Bend to enjoy the St. Joseph River. They believe that the historic land marking and the proposed abandonment by Norfolk Southern fits well into the City's plans to use this asset and therefore they are in favor. Ms. Joyce Boaler,1606 Hillsdale Road, South Bend, Indiana, indicated that during the last few years she has listened with amazement and displeasure to many of the bills that have been put forward under the name of the historic preservation society. She stated that just because something is old it does not mean it is valuable and does not mean it is worth saving. There being no one else present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Coleman made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kirsits seconded the motion which carried by a voice vote. BILL NO. 45-01 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR STRUCTURE AND REAL PROPERTY LOCATED AT 2716 VINE STREET, IN THE CITY OF SOUTH BEND, INDIANA Councilmember White reported that the Zoning & Annexation Committee met on this bill and recommends that this bill be continued until August 27, 2001, subject to a special committee that will be established by the Zoning and Annexation Committee which would include representatives from the Historic Preservation Commission, the South Bend Community School Corporation, the Common Council, the Building Commissioner, River Park Neighborhood Association and others who would provide a report to the Zoning and Annexation Committee addressing feasibility issues that would include funding sources for said proposals and that the first proposal must be submitted to the Zoning and Annexation Committee by August 13, 2001 with the final report being submitted August 27, 2001. Council Attorney Kathleen Cekanski - Farrand indicated that the Community and Economic Development staff is also to provide a staff review of proposals and funding sources. Mr. John Oxian, President, Historic Preservation Commission, 742 Sancome, South Bend, Indiana, made the presentation for this bill. Mr. Oxian stated that the Historic Preservation Commission proposed the setting up of this committee and therefore they are in agreement with this action.