09-14-99 Council Meeting Minutes

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REGULAR MEETING SEPTEMBER 14, 1999 Mr. Byorni advised that this bill is Area Plan Commission initiated to add a definition of lot of record to the City subdivision ordinanice. The Area Plan Commission, at its Public Hearing held on August 17, 1999, sends this bill with a favorable recommendation. Mr. Byorni stated that in the past numerous illegal splits were created in the City. This amendment would define what lots are legal including lots with existing buildings. A similar amendment has been passed in the County. He noted that in the past the City was not always consistent in issuing building permits and a number of structures were granted permits without having legal lots. This happened in the 1960's and early 1970's. As the properties have sold, the title companies and the mortgage companies are very concerned with lending money for property on which technically the buildings cannot be rebuilt. These people have had to go through the subdivision process in order to create a legal lot of record. This is a hardship on the people who are buying the lot or selling the lot who had no part in creating this illegal situation. After working with the Building Commissioner, local surveyors and local mortgage companies, the County amended their ordinance to provide for grandfathering of these lots in and the Area Plan Commission is now doing the same thing for the City. Mr. Byorni further stated that this amendment sets out various dates that the Building Department has been using in establishing lots that are legal that don't have structures on them and putting them in an ordinance form so they have something firm to fall back on. 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 Aranowski made a motion for favorable recommendation to full Council concerning this bill. Councilmember Sniadecki seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 66-00 A BILL RE- DESIGNATING AND RE- ESTABLISHING AN HISTORIC LANDMARK FOR REAL ESTATE AT 701 E. PENNSYLVANIA AVENUE AND RESCINDING ORDINANCE NO. 6608 -79 Mr. J. Edward Talley, Director, Historic Preservation Commission, 227 West Jefferson Boulevard, Room 1123, South Bend, Indiana, made the presentation for this bill. Mr. Talley noted that on July 23, 1979, the Council approved Ordinance No. 6608 -79 which established the 'real estate known as the Martin and Christina Wegner House located at 701 East Pennsylvania Avenue as a historic landmark. This real estate was described legally as Lot 226 Wegner Homestead. At this time, the HPC is asking that Ordinance No. 6608 -79 be rescinded and replaced with the bill submitted at this time to correct the legal description of the originally designated landmark. 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, Council President Coleman made a motion for favorable recommendation to full Council .. concerning this bill. Councilmember Kelly seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 67-09 A BILL AUTHORIZING THE ISSUANCE AND SALE OF AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED ONE MILLION FOUR HUNDRED NINETY - FIVE THOUSAND DOLLARS ($1,495,000) OF CITY OF