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HomeMy WebLinkAbout07-09-01 Zoning & Annexation tommttti *cart: Zoning antf linuixattan toutinitat The July 9, 2001 meeting of the Zoning and Annexation Committee was called to order by its Chairperson, Council Member Karen L. White at 4:00 p.m. in the Council Informal Meeting Room. Persons in attendance included Council Members: White, Kelly, Varner, King, Ujdak, Coleman, Kirsits,and Pfeifer; Gerald Ujdak,Public Works and Property Vacation Citizen Member Khadijah Muhammad, John Strauss and Bob Urlowski of the South Bend Community School Corporation, Janet Macjulski, Cindy L. Davis, Dennis Whittaker of the Riverpark Neighborhood Association, Richard L. Hill and Anne Bruneel of Baker & Daniels law firm, Karen R. Hammond-Nash, Assistant Director of the Historic Preservation Commission; John Oxian, Director of the Historic Preservation Commission; Todd Zeiger of the Office of Historic Landmarks, Director of Public Works Gary Gilot, City Attorney Charles Leone, Jerry Ujdak of the Historic Preservation Commission, William Soderberg, Lisa Gilman, Gene Oakley, Wayne Doolittle, Assistant City Attorney Aladean DeRose, Terry Bland of the 11th Ifikra /tribune and Kathleen Cekanski- Farrand, Council Attorney. Council Member White noted that the first item on the agenda was to review Bill No. 10-01 which would establish as an historic landmark the railroad bridge located across the St. Joseph River which is adjacent to the Angela Street Bridge. Mr. Oxian made the presentation. He noted that he appeared before the Committee on two (2) previous occasions and presented a detailed review of the reasons why the Historic Preservation Commission has determined to establish this bridge as an historic landmark. Aladean DeRose noted that the consent of the property owner is not necessary. Mr. Gilot stated that the Mayor has received notice of intent to abandon the railroad bridge. He noted that the city would like to incorporate this bridge into the pedestrian and bike pathways with the assistance of MACOG. He stated that the historic designation would not be inconsistent with the proposed planned use. Council Member White requested a copy of the notice for the record. In light of a quorum not being present at this time in the meeting, no formal action was taken on Bill No. 10-01. Council Member White then called for a presentation on Bill No. 45-01 which would establish as an historic landmark the structure and real property located at 2716 Vine Street commonly known as the"Old Nuner School". At this point, Council Member Coleman and Kirsits joined the Committee meeting in progress. Council Member White noted that an informal meeting had been held with representatives of the South Bend Community School Corporation with members of the city being Dr. Varner, the Council Attorney and herself. That informal meeting was held as a result of the resolution being approved by the School Board and then being forwarded to the Council. She further noted that a committee meeting was also held at the request of the Historic Preservation Commission on July 5th where they had a opportunity to voice their concerns and that one member of the South Bend Zoning and Annexation Committee July 9, 2001 Page 2 Community Schools attended that meeting. No formal action was taken at that meeting with both the informal meeting and the committee meeting being informal in nature. Council Member White further noted that on July 3rd the South Bend Community School Corporation (SBCC) through Mr. John Strauss, Assistant Superintendent of Facilities filed a packet of information in response to the June 28th request for documents from her. She added that on July 3rd the Historic Preservation Commission (HPC) through Karen R. Hammon-Nash, Assistant Director of the Commission filed a packet of information in response to the June 28th request for documents from her(copies attached). Mr. Oxian then made a formal presentation. He noted that he had filed at the July 5th committee meeting a letter requesting that a`Blue Ribbon Committee" be appointed and be given ninety (90) days to report back to the Council on this matter. Council Member White then asked for public comment in favor of Bill No.45-01. Janet Macjulski of the Riverpark Neighborhood Association spoke in favor of the proposed designation noting that she had visited the Battell Center in Mishawaka, that seven (7) developers had been contacted for proposals on the facility, that they had met with representatives of SBCC however since then there have been many changes such as a new School Superintendent and new School Board members who have changed direction. She concluded that there are no landmarks in Riverpark and that the Old Nuner School is worth saving despite it being vacant for the past two (2) years. Cindy L. Davis of the Riverpark Neighborhood Association and several other organizations spoke in favor of the landmark designation noting that a petition in favor of the project would be filed at the formal Council meeting. Dennis Whittacker, President of the Riverpark Neighborhood Association spoke in favor of the landmark designation and further voiced support for Mr. Oxian's suggested `Blue Ribbon Committee". He noted that it was consistent with the Neighborhood Plan which the City paid $ 25,000 for in 1995 which proposed the Old Nuner School as one of two buildings to be designated as historic; that the project has the support of the neighborhood; and that many individuals have signed the petition in favor of the project. He then circulated pictures of homes in the area which had signs in their front yards in favor of saving Old Nuner School. Todd Zeiger noted that officials of Historic Landmarks would be willing to bring their experience to the table in the effort to save this building. Gene Oakley stated that if the school does not have a use for the building and if no one else does then it should be torn down. He noted that the tear down costs were in the SBCC's bond issue in the amount of $ 350,000 with an additional $ 400,000 appropriation being added later. He concluded with stating that he would favor the`Blue Ribbon Committee"concept. Council Member White then asked for public comment in opposition to Bill No. 45-01. Mr. Bob Urlowski of SBCC noted that he was the Assistant Superintendent for Financial Services for the past week. He then read a statement prepared by Mr. Strauss who had to leave. It noted that in 1925, 1935, 1959 and 1964 upgrades were made to the Old Nuner School by SBCC which • I Zoning and Annexation Committee July 9, 2001 Page 3 is detailed in the information previously provided to the Council. Between $ 90,000 and $ 100,000 is spent annually by SBCC on maintenance, utilities, security and insurance. He noted that the boilers in the building are over 35 years old; there are high heating costs; it has a leaking roof; utilities do not meet Code; and the overall condition of the 79-year old building are not worth saving whereas the New Nuner School is 21st Century. There are 7.2 acres on the site in question of which 4.5 are building. Under current regulations there should be 11-13 acres for such a facility to meet state guidelines. SBCC is currently in a deficit situation. Mr. Urlowski then detailed the public process utilized by the SBCC before the building was closed and decisions were made to demolish the building so that the green space could be upgraded as recreational area for the new Nuner School. Mr. William Soderberg noted that he taught at Old Nuner School and that a lot of the information in the public forums has been incorrect. He stressed that all decisions with regard to the Old Nuner School by SBCC were done in public over a two-year period. He stated that the building is old by not historic since it is not even the original Riverpark School. He stated that the new Nuner School is one of the finest in this part of the country and with the green space being enhanced it could be the best. Mr. Soderberg concluded that it would take millions of dollars to bring the facility up to Code in light of ADA regulations,heating,air conditioning,electrical, and mechanical codes. Committee discussion then took place. Council Member Kelly noted that he has a concern over the costs to renovate the facility. He believes that one of the numbers, $ 2.5 million, would not be enough. He noted that he was a member of the Advisory Committee which weighed whether a new school or a renovated school would be best. He called upon a local architect who noted that the building does not have terra cota but rather limestone. The old building has 80,000 square feet with cost estimates ranging as high as$ 10 million to renovate properly. Council Member Coleman called upon Lisa Gilman who noted that the building may be able to be turned into apartments for $ 4 million citing projects in other communities were there have been similar rehabilitation projects of old buildings. In response to a question from Council Member King it was noted that affordable housing tax credits could be used as a funding source for such a project. Council Member Varner noted that based on the information he has reviewed and heard that he could make a motion to recommend Bill No. 45-01 favorably to Council. The motion failed for lack of a second. Council Member Coleman stated that he believes that the development of the green space would be an assist to the new Nuner School but also the neighborhood. He stated that an extended process has taken place by SBCC but now the City is place in this position by SBCC and HPC. He supports "adaptive reuse" however the SBCC School Board has made a decision based on the detailed information it had which included a specific time table. The decision was made to expand the campus of the school which would serve the neighborhood well by the development of the green space. Council Member Ujdak noted that he agrees with many of Council Member Coleman's remarks. He does not see any harm by extending the process as suggested by Mr. Oxian. He suggested that . r Zoning and Annexation Committee July 9, 2001 Page 4 the matter be continued until October 8th and that the formation of a committee take place under the direction of the Zoning and Annexation Committee. He noted that a "turf war" between governmental entities has resulted in the City being the final decision maker. The Council Attorney noted that the current interim protection of HPC on the building is to expire on July 20th and they would have the authority to issue another interim protection thereafter. Debate on whether the thirty(30) day limit of the new state law applies or not may take place since HPC has stated that they may seek a Declaratory Judgment action on that issue. She suggested that if the matter is to be continued that a shorter period of time be considered. Dr. Varner suggested that if a report is to be developed by a special committee that it address such concerns as a review of viable proposed uses for the building; the funding sources for such proposals; the time tables needed and that Community and Economic Development review the data to see if they are feasible. Council Member Ujdak suggested that the matter be continued until August 27th with an interim report from the special committee being due two (2) weeks prior with a final report due on the 27th. Following further discussion, Council Member Ujdak made a motion, seconded by Dr. Varner that Bill No. 45-01 be continued at the request of the petitioner to August 27th subject to the Chairperson of the Zoning and Annexation Committee appointing a special committee to review and report back to the Z & A Committee. Council Member White could utilize the recommendations made by Mr. Oxian in his letter but would have the authority to expand the number of individuals. The special committee would be required to review all applicable data and provide an interim report to the Z&A Committee by August 13th and a final report by August 27th addressing the various issues highlighted by Dr. Varner earlier. The motion passed. There being no further business to come before the Committee, Council Member White adjourned the meeting at 4:55 p.m. Respectfully submitted, Council Member Karen L. White, Chairperson Zoning and Annexation Committee KCF:kmf Attachments