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HomeMy WebLinkAbout11-26-90 Zoning & Vacation r S atnmmttttr rpnrt ZONING AND VACATION COMMITTEE t?ln tie Ql nunnn glottal of Or (Mg of*nutty limb: The November 26, 1990 meeting of the Zoning and Vacation Committee was called to order by it's Chairperson, Council Member Lee Slavinskas at 4 : 30 p.m. in the Council Informal Meeting Room. Persons in attendance included Council Members Luecke, Niezgodski, Soderberg, Puzzello, Slavinskas, Zakrzewski, Duda, and Coleman; John Oxian, John Byorni, Sheldon Massey, Butch Morgan, Jon Hunt, Bruce Metzcer, John Leszczynski, Mr. and Mrs. Joe Janowski, members of the news media, and Kathleen Cekanski-Farrand. Council Member Slavinskas noted that the first item on the agenda was to review Bill No. 44-90 which would amend Chapter 21 of the South Bend Municipal Code addressing the powers and duties of the Historic Preservation Commission. Council Member Luecke gave the presentation. He noted that at the October 16, 1990 of the Area Plan Commission, it was given a favorable review. He stated that the Historic Preservation Commission in conjunction with the Building Commissioner and the Department of Code Enforcement would be empowered to require compliance to a higher local Historic Preservation District Regulations within historic districts in order to preserve -and protect historic structures. He noted that in the Lincolnway East area, four houses had been lost by failing to abide by proper standards. Mr. Oxian then spoke in favor of the Bill . Following further discussion, Council Member Luecke made a motion seconded by Council Member Coleman, that Bill No. 44- 90 be recommended favorably to Council . The motion passed. Council Member Slavinskas noted that Bill No. 68-90 which would rezone the property located at 321 South Tuxedo Drive, 2325 East Jefferson, and 2329 East Jefferson, has been requested by the Petitioner to be continued to the December 10, 1990 meeting. He noted that a letter had been received by the City Clerk's office requesting such a continuance. Council Member Zakrzewski made a motion seconded by Council Member Neizgodski to continue Bill No. 68-90 to the December 10, 1990 meeting. The motion passed. The Committee then reviewed Bill No. 88-90 which is a request to designate the property located at 619 North Cushing as an historic landmark. Mr. John Oxian noted that the property in question is ranked as a "13" and was Page 2 constructed in 1895. He noted that the staff of the Area Plan Commission gave a favorable recommendation to the designation. Following further discussion, Council Member Luecke made a motion seconded by Council Member Niezgodski that Bill No. 88-90 be recommended favorably to Council. The motion passed. The Committee then reviewed Bill No. 89-90 which is a request to designate the property located at 723 Park Avenue as an historic landmark. Mr. Oxian noted that the property in question is ranked as a "13" . He also noted that it received a favorable recommendation from the staff of the Area Plan Commission. Following further discussion, Council Member Luecke made a motion seconded by Counci Member Niezgodski that Bill No. 89-90 be recommended favorably to Council . The motion passed. The next item on the agenda was Bill No. 72-90 which is a request to vacate the first East-West alley south of Mishawaka Avenue. Mr. Sheldon Massey, the Petitioner, gave the overall presentation. Mr. Massey noted that alleys should not be used as thoroughfares and in light of the location to IUSB, it has become one. Mr. Bruce Metzcer spoke in favor of the Bill. He noted that when the Council considered this request earlier, that he was a resident of this area, however moved due to the adverse conditions of the alley, theft, dust, and noise related problems. Mr. and Mrs. Joe Janowski spoke against the proposed vacation and showed a map to the Council . They noted that they would have problems with regard to ingress and egress to their garage, and voiced concern with regard to ambulance service and trash pickup. They also noted that they currently use fuel oil and voiced concern whether the truck could have proper access. Mr. Butch Morgan, the Right of Way Agent from Indiana Michigan Power Company, noted that he had sent a letter to the Board of Public Works dated October 12 , 1990 voicing concern with regard the the eight utility poles, of which three are switching poles. He noted that the Company did not want to have anything that would limit its' ability to restore power in a safe and efficient manner during a storm. He noted that although the vacation would be subject to utility rights, that with change of ownerships that problems could arise. Page 3 In response to a question raised by Council Member Soderberg with regard to the type of easement, it was noted that prescriptive rights are given. Council Member Luecke questioned where the switching poles are located. Mr. Butch Morgan noted that a special line for the Associates Computer Center, IUSB, and other commercial concerns are located within the affected area. Mr. Luecke questioned whether the poles could be moved, and Mr. Morgan noted that it would be cost prohibitive. It was noted that the Board of Public Works at its' meeting of October 29, 1990 gave an unfavorably recommendation to the proposed vacation. Council Member Niezgodski and Council Member Luecke questioned whether the vacation could be made smaller and perhaps consider alternatives. Council Member Duda noted that the last time the Council had such a request, that there was a tie vote and it was continued until Council Member Duda could attend. She stated that she believes it should not be vacated, however the safety and traffic concerns should be addressed and that a committment should be made to the safety concerns. Council Member Coleman stated that the Council is limited in what it can do with regard to the safety concerns. It was suggested that perhaps the vacation address the are between 20th and the first North-South alley and that it would address the IUSB traffic and some of the safety concerns. He further suggested that perhaps Mr. Morgan could review this alternative with regard to access to the I&M lines. Council Member Soderberg noted that IUSB has a master plan and are projecting that a multi-story parking garage be built. He stated that the three switches are located on one pole, which is on the West side of 20th and the first North- South alley. He stated that the Council did not wish to create a T-alley last time. He then quoted from I . C. , 36-7- 3-13 with regard to the four areas of remonstrance which the Council Attorney confirmed was the applicable law. Council Member Luecke questioned whether perhaps the alley from 20th to the first North-East alley should be considered. Mr. Morgan stated that it might be a "livable solution" but that he would need time to research it specifically. Page 4 It was noted that a new legal description would be necessary for any alternative vacation. Council Member Soderberg stated that he would prefer that the middle section be vacated. Following further discussion, Council Member Coleman made a motion seconded by Council Member Luecke that Bill No. 72-90 be continued to the December 10, 1990 meeting and that it be referred back to the Board of Public Works for review and recommendation with regard to alternatives and also referred back to I&M for its' specific review. The motion passed. The Committee then briefly discussed under miscellaneous business, Bill No. 82-90. John Byorni of Area Plan showed a map of the area in question with regard to the proposed rezoning. It was noted that one parcel was favorably recommended to the Council at its' meeting of October 16th, with the other parcel being favorably recommended to the Council at its' meeting of November 20th. The Council Attorney voiced concern that the formal action of the Area Plan Commission was not included into one Ordinance. It was recommended that proper legal descriptions be properly included to reflect actions taken by the Area Plan Commission. Following further discussion, Council Member Coleman made a motion seconded by Council Member Niezgodski that Bill No. 82-90 be recommended without recommendation. The motion passed. There being no further business to come before the Committee, the meeting was adjourned at 5: 55 p.m. Respectfully submitted, Council Member Lee Slavinskas, Chairperson Zoning and Vacation Committee attachments