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The January 25, 1999 joint meeting of the Zoning and Annexation Committee was called to
order by its Vice-Chairperson, Council Member Charlotte Pfeifer at 4:25 p.m. in the
Council informal meeting room.
Persons in attendance included Council Members: Pfeifer, Kelly, Aranowski, Varner,
Ujdak, Coleman, Sniadecki and King; Jon Hunt, Terry Bland, Bernie Kish, John Penny,
Pierre Smith, Ed Talley,James Voll and Kathleen Cekanski-Farrand.
The first item on the agenda was to review Substitute Bill No. 94-98 which would amend
Article 6.5 of Chapter 21 of the South Bend Municipal Code by the inclusion of new
section 21-117.3 entitled"Annexed Landmarks".
Ed Talley of the Historic Preservation Commission made the presentation. Mr. Talley
noted that there are several historic landmarks throughout St. Joseph County. However if
an area is annexed into the city and contains an historic landmark, there is no procedure to
assure that this designation continues once annexed. The proposed ordinance addresses
this concern and clarifies that such historic landmarks retain such designations upon
annexation.
Mr. James Voll of the Area Plan Staff noted that both the staff and the Commission gave
favorable recommendations to the proposed ordinance.
Council Member Varner voiced concern about the awareness of historic landmarks at the
time of annexation. Mr. Talley noted that currently the Recorder's Office is not required to
research the applicable field screens which contains such information. Council Member
Pfeifer also voiced concern about notice of such designations and urged that this item be
further addressed.
The Council Attorney noted that since state law prohibits any annexations taking effect
during a local election year, that an amendment could be prepared to address the concerns
raised by Dr. Varner and Council Member Pfeifer. She further noted that in her opinion
such an amendment would be a major change to the proposed ordinance and therefore it
would have to be sent back to the Area Plan Commission. Mr. Voll concurred.
At this point, Council Member Hosinski joined the meeting. Following discussion,
Council Member Hosinski made a motion, seconded by Council Member Kelly that
Substitute Bill No. 94-98 as to be amended be recommended favorably to Council. The
motion passed.
Mr. Voll noted that two(2) proposals are being considered by the Area PIan staff. The first
would address mixed use developments. Currently there is a problem with having a mixed
used on the 2d floor. Discussion on this topic may result in a proposal to allow such uses
as a special exception subject to the Board of Zoning Appeals and the Common Council
approval. The second area addresses offsite parking for churches and schools. The
discussion on this topic may result in a proposal to allow such uses to be treated like other
Zoning and Annexation Committee
January 25, 1999
Page 2
commercial uses and be considered as a special exception. Mr. Voll noted that these items
may be before the Council within the next two(2) months.
Under miscellaneous business, Council President Coleman noted that he would like to
extend the deadline for the submission of applicants for the Historic Preservation
Commission for an additional two (2) weeks. Mr. Talley noted that there are two (2)
positions to be filled by the City and one(1) by the County.
Under miscellaneous business, Council Member Sniadecki requested that a matter
involving snow days and city employees be heard. He noted that the proper Committee
would be the Personnel and Finance Committee to hear this concern, however it was not
meeting today. Council Member Hosinski asked if anyone objected, and since no
objections were heard, a presentation was made.
Mr. Bill Sniadecki, a Teamster member working in the Traffic and Lighting Division of the
Department of Public Works spoke on behalf of the Teamster members who then joined the
Committee meeting. He noted that the hourly employees have a complaint about how they
were treated on January 4, 1999 through January 5, 1999 when a snow emergency was
declared. He stated that several hundred employees were called and told not to report to
work. Several city workers were dissatisfied with the snow removal procedures, but do not
fault the Street Commissioner. He stated that the Teamsters are disturbed that they will
miss one (1) day of pay while salaried workers will get paid, plus if a salaried employee
worked on January 4th, they would also get comp time. Mr. Sniadecki stated that the
Teamsters believe there is a fairness issue involved. He stated that the Teamster Union
tried to intervene without result. He requested that the Council look into this matter and
provided copies of a Memorandum dated January 11, 1999 from Jeff Jankowski of the
Legal Department and Cathy Hubbard-Shead of Human Resources (copy attached) as well
as a copy of pages 1 through 4 of the "Policy and Standard Procedure" addressing
"Vacations" (copy attached).
The Council Attorney questioned Mr. Sniadecki if a grievance had been filed pursuant to
the Teamster Contract. Mr. Sniadecki stated that they would pursue all avenues to have
this topic addressed.
Council Member Hosinski noted that these are "legitimate concerns", however in the
interest of time and other Committee meetings, no further discussion could be heard on this
topic. Council Member Aranowski, Chairperson of the Personnel and Finance Committee,
stated that he would look into the matter.
There being no further business to come before the Committee, the meeting was adjourned
at 5:00 p.m.
Respectfully submitted,
John Hosinski, Chairperson
Zoning and Annexation Committee
Attachments