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HomeMy WebLinkAbout01-14-02 Council Meeting MinutesREGULAR MEETING JANUARY 14, 2002 Be it remembered that the Common Council of the City of South Bend, Indiana, met in the Council Chambers of the County -City Building on Monday, January 14, 2002, at 7:00 p.m. The meeting was called to order by Council President Roland Kelly and the Invocation and Pledge to the Flag were given. ROLL CALL Present: Charlotte Pfeifer 2nd District Roland Kelly Yd District President Karl King 4t' District Chairperson, Committee of the Whole David Varner 5th District Andrew Ujdak 61 District Sean Coleman At -Large Al "Buddy" Kirsits At -Large Karen L. White At -Large Vice - President Absent: James Aranowski 1 st District REPORT FROM THE SUB- COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the December 10, 2001 and January 7, 2002 meetings of the Council and found them to be correct. Therefore, we recommend the same be approved. s /Charlotte Pfeifer s/Roland Kelly s/David Varner Councilmember Coleman made a motion that the minutes of the December 10, 2001 and January 7, 2002 meetings of the Council be accepted and placed on file. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. REAPPOINTMENTS TO AREA PLAN COMMISSION & ST. JOSEPH COUNTY ECONOMIC DEVELOPMENT COMMISSION Council President Kelly announced the reappointments of Councilmember Karl King to the Area Plan Commission and Councilmember Andy Ujdak to the St. Joseph County Economic Development Commission for another term. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:03 p.m. Councilmember Coleman made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Chairman King presiding. BILL NO. 121 -01 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR STRUCTURE AND REAL PROPERTY LOCATED AT 224 WEST COLFAX, IN THE CITY OF SOUTH BEND, INDIANA -1- REGULAR MEETING JANUARY 14, 2002 Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. John Oxian, President, Historic Preservation Commission, no address given, made the presentation for this bill. Mr. Oxian advised that the architect for this property was Mr. Walter Synder who was trained by Mr. Sullivan and is of a Sullivanesque style storefront which is also ranked as an S 11. The property was built in 1915 by two (2) sisters Edythe and Gertrude Brown who were the first women to open and own a store in South Bend Mr. Oxian noted that Dr. Cain and Mr. Szalay, well known individuals in the community, also used this building. 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 Coleman made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 122 -01 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR STRUCTURE AND REAL PROPERTY LOCATED AT 333 TONTI, IN THE CITY OF SOUTH BEND, INDIANA Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. John Oxian, President, Historic Preservation Commission, no address given, made the presentation for this bill. Mr. Oxian stated that this property, built in 1920, is the first of the Dutch Colonial houses to become an historic landmark and is ranked as an S 11. The most significant item about the house is its architectural style even though individuals of significant importance occupied the house including two (2) deputy prosecutors. 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 Coleman made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 123 -01 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR STRUCTURE AND REAL PROPERTY LOCATED AT 1313 LISTON, IN THE CITY OF SOUTH BEND, INDIANA Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends -2- 1 1 1 REGULAR MEETING JANUARY 14, 2002 it to the Council with a favorable recommendation. Mr. John Oxian, President, Historic Preservation Commission, no address given, made the presentation for this bill. Mr. Oxian stated that this house was built in 1911 and is an excellent example of a Queen Anne style house with almost all of the facade in tact. The house was originally built by Adele Dome who's husband was the original blacksmith for the Studebaker Brothers. Mr. Oxian noted that not many houses in this part of town have been designated as historic landmarks and this is one that the Commission is happy to recommend for this status. 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 Coleman made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. RISE AND REPORT Councilmember Coleman made motion to rise and report to the full Council. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. ATTEST: Lz, Loretta . Vda, C ty Clerk ORDINANCE NO. 9298 -02 AN ORDINANCE AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR STRUCTURE AND REAL PROPERTY LOCATED AT 224 WEST COLFAX, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember Pfeifer seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9299 -02 AN ORDINANCE AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR STRUCTURE AND REAL PROPERTY LOCATED AT 333 TONTI, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Pfeifer made a motion to pass this bill. Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. -3- REGULAR MEETING JANUARY 14, 2002 ORDINANCE NO. 9300 -02 AN ORDINANCE AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR STRUCTURE AND REAL PROPERTY LOCATED AT 1313 LISTON, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. RESOLUTIONS BILL NO. 01 -79 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1112 E. CORBY STREET, SOUTH BEND, INDIANA Council President Kelly advised that this bill comes to the full Council with no recommendation from the Zoning and Annexation Committee. Mr. Charles Hayes, President, Charles S. Hayes, Inc., no address given, made the presentation for this Resolution. Mr. Hayes informed the Council that he would like to withdraw his petition at this time. He noted that the property in question is located at the southeast corner of Eddy and Corby and is a vacant building that has been empty for ten (10) years. His intention was to build an authentic Irish Pub at this location and he tried to develop a plan that would be consistent with the plans to develop that neighborhood. In the original proposal he requested parking variances. However, the size of the prof ect was reduced and property was acquired across the street so the variance was not needed. Mr. Hayes stated that they did not ask for any tax support or abatement from anyone and it was a proj ect that everyone thought would succeed. He further stated that attorneys from the City's Legal Department testified before the Alcohol Beverage Commission against this project. They stated that it was a good idea but not at this particular location. They suggested the site of the former Madison Drug Store which is small piece of property away from the University of Notre Dame. Without a liquor license and without approvals and recommendations from the Board of Zoning Appeals the proj ect is dead. Mr. Hayes stated that this was to be a quality proj ect that would have been an asset to the City and to the neighborhood. Councilmember King made a motion to strike this bill from the agenda at this time at the request of the petitioner. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. RESOLUTION NO. 3055 -02 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4701 NIMTZ PARKWAY TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR SCHAFER GEAR WORKS, INC. U 1 D REGULAR MEETING JANUARY 14, 2002 WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 4701 Nimtz Parkway and which is more particularly described as follows: A part of the Southeast Quarter (SE1 /4) of Section 20 and part of the Southwest Quarter (SW1 /4) of Section 21, Township 38 North, Range 2 East, situated in German Township, St. Joseph County, State of Indiana, and being more particularly described as follows: Lots numbered ten (10) and eleven (11) as shown on the recorded plat of H.G. Baus Centre -Phase One, recorded March 16, 1995 as document Number 9507104 in the Office of the Recorder of St. Joseph County, Indiana with said real estate having the following Key Number 25 -500- 23829, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal Property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal Property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et sea- SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s /Charlotte Pfeifer Member of the Common Council Mr. Stan Blenke, Executive Vice - President, Schafer Gear Works, Inc., 4701 Nimtz Parkway, South Bend, Indiana, made the presentation for this Resolution. Mr. Blenke advised that Schafer Gear Works intends to purchase several new pieces of CNC equipment due to a new customer program that they recently received. The cost of this equipment will be approximately $4.1 million dollars and they will be adding approximately ten (10) to fourteen -5- REGULAR MEETING JANUARY 14, 2002 (14) jobs as a result of this project. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Coleman made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3056 -02 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 400 WEST SAMPLE STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR AQM PRODUCTS, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 400 W. Sample Street and which is more particularly described as follows: A tract of land beginning in the Southeast (SE) corner of Sample Street and Vacated Prairie Avenue, containing 14.846 acres ( + -), known as Tract 4, Section 14- 37 -2E. with said real estate having the following Key Number 18- 8021 - 084906, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal Property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal Property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et seq. W REGULAR MEETING JANUARY 14, 2002 SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s /Charlotte Pfeifer Member of the Common Council Mr. Jeff McGowan, CPA, Kruggel, Lawton & Company, South Bend, Indiana, Suite 200, South Bend, Indiana, made the presentation for this Resolution on behalf of AQM Products and the Trustee of the owners, Mr. Ty Putrich, who was also present. Mr. McGowan advised that this tax abatement is sought on approximately five hundred thousand dollars ($500,000.00) worth of equipment which will provide a projected six (6) to ten (10) permanent full time jobs with a payroll range of two hundred ten thousand dollars ($210,000.00) to three hundred fifty thousand dollars ($350,000.00). Mr. McGowan noted for the record that this is used manufacturing equipment but falls under the criteria of Indiana Code 6 -1.1 -12.1 §3 in that it is being acquired by its owner, AQM Products, for manufacturing and has never before been used by AQM products for any purpose prior in Indiana. The equipment at this time has not been installed, A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Coleman made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3057 -02 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1922 HUEY STREET RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR JAMES AND LESLEY TURNER WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1922 Huey Street, South Bend, Indiana, and which are more particularly described as follows: Lot numbered Eighty -Six (86) in Jackson's Proposed Subdivision in the City of South Bend. and this property has Key Number 18- 2113 -4146, be designated as a Residentially Distressed Area WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and -7- REGULAR MEETING JANUARY 14, 2002 WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et se g., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 8845 -97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. 1 1 REGULAR MEETING JANUARY 14, 2002 E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et sea. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member of the Common Council Lesley and James Turner, 1323 Miami Street, South Bend, Indiana, made the presentation for this Resolution. Mrs. Turner advised that she and her husband desire a tax abatement for the property at 1922 North Huey for a house they intend on building at that location. The house will be one thousand seven hundred sixty (1,760) square feet with an estimated cost of one hundred thousand dollars ($100,000.00). A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Varner made a motion to adopt this Resolution. Councilmember Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. BILLS - FIRST READING BILL NO. 1 -02 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE CORNERS OF LINDEN AND CLEMENS IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 2 -02 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE STRUCTURE AND REAL PROPERTY LOCATED AT 2520 MISHAWAKA AVENUE, IN THE CITY OF SOUTH BEND, INDIANA 91 REGULAR MEETING JANUARY 14, 2002 This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on February 11, 2002. Councilmember King seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 3 -02 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING HISTORIC LANDMARKS FOR STRUCTURES AND REAL PROPERTY LOCATED IN THE 1300 BLOCK OF CHESTER STREET, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on February 11, 2002. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 4 -02 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR STRUCTURES AND REAL PROPERTY LOCATED AT 745 LELAND, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on February 11, 2002. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 5 -02 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; RICHARD MURPHY ANNEXATION This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing on February 11, 2002 with Third Reading on February 25, 2002. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 6 -02 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR THE CITY OF SOUTH BEND, INDIANA, AS AMENDED FOR PROPERTY LOCATED AT 4227 SOUTH MICHIGAN STREET IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Varner made a motion to refer this bill to the Area Plan Commission. Councilmember King seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 7 -01 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND -10- [l 1 REGULAR MEETING JANUARY 14, 2002 APPROPRIATING $6,900 FROM THE ECONOMIC DEVELOPMENT FUND ( #212) TO PROVIDE LEAD - SAFE WORK PRACTICES TRAINING This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on January 28, 2001. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS REPORTS FROM AREA PLAN COMMISSION It is noted that the Council is in receipt of recommendations from the Area Plan Commission of St. Joseph County, for the following ordinances based on their Public Hearing held on December 18,2001: BILL NO. 115 -01 A BILL AMENDING THE ZONING ORDINANCE FOR THE CITY OF SOUTH BEND, INDIANA, AS AMENDED FOR PROPERTY LOCATED AT 1615 PORTAGE AVENUE IN THE CITY OF SOUTH BEND, INDIANA BILL NO. 116 -01 A BILL AMENDING THE ZONING ORDINANCE FOR THE CITY OF SOUTH BEND, INDIANA, AS AMENDED FOR PROPERTY LOCATED AT 2104 MISHAWAKA AVENUE IN THE CITY OF SOUTH BEND, INDIANA Councilmember Coleman made a motion that these bills be set for Public Hearing and Third Reading on January 28, 2002 and be sent to the Zoning and Annexation Committee. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR Ms. Trina Robinson, NAACP, no address given, stated that she was present on behalf of the NAACP. She noted that they are currently at a stage in the community where Plan Z has been brought before the Justice Department for a decision and it is crucial for citizens and taxpayers to hear from the people that they have elected. She stated that she does not believe they have heard from anyone on the Council as to their decisions on how they feel or how the community can better move through this crisis its facing. She noted that this plan is affecting all of our children and is a community problem. It is not just a race problem but is something that will affect children as a whole. She further noted that it is felt that at some point it is vital as individuals and taxpayers that they clearly understand how the Council feels about how Plan Z will impact the community and its children. Councilmember Pfeifer stated that she is grateful to see some movement, consideration and action by Dr. Raymond and the school board to improve the quality of education for children. She noted that from a personal point of view and from a diversity prospective she does not agree with Plan Z. One of the most pertinent parts of Plan Z is segregation and racial imbalance in primary schools. Councilmember Pfeifer noted that this is the time when opinions of other people are formed and if -11- REGULAR MEETING JANUARY 14, 2002 children go to school with diversity from the very beginning they have the opportunity to make their own decisions. She noted that that is why she is opposed to anything that would lead back to segregation. Councilmember Pfeifer stated that she does not understand the justification for the closing of LaSalle High School and not Clay High School or Washington High School or some of the other schools. She noted that she lives on the westside of South Bend and knows that they have an undeserved bad reputation. When anything bad happens west of Michigan Street the west side and LaSalle High School unfairly get a bad reputation. Given that, if LaSalle High School is closed as a high school and made into a math/science academy will people send their children there. Councilmember Pfeifer stated that her concern about Plan Z or any plan is that the school corporation is moving too fast and she would encourage the South Bend School Board to heal its bad relationship with the community. In response to individuals who stated that they believe that the input of other elected officials is important, Councilmember Varner pointed out that in the past, when members of this Council tried to provide some input to the school corporation that they believed was appropriate they were pretty much told, don't call us, we'll call you. Councilmember Varner stated that he believes there are a lot of people who would have a lot of things to say. He, for one, recently appeared on a radio program with individuals who were opposed to Plan Z. He noted that he is not sure where he stands on this issue but no one will listen unless they are convinced that they ought to listen. He further noted that the Council, at this time, does not have a direct influence, contact or responsibility to the school corporation. Councilmember Varner stated that if the members of the community would like the Council's public input, support or action, the Council has to know that the school corporation is interested in what they have to say. Councilmember White advised that education has been an equalizer in our society, especially for African Americans and people of color. The education issues facing our community are of the utmost importance and she remains committed to quality education for all children without segregation. She stated that Plan Z, in its current form, does not present the best opportunities or options for quality education for all children. She notes this lack particularly at the primary levels. It is a fact that approximately twelve (12) of eighteen (18) primary centers will be out of racial balance. This portion of Plan Z has resulted in a sense that the community will be returning to conditions that existed prior to 1981 which were unacceptable and remain unacceptable. Clearly the academic and social development of our students and, especially students of color, is in crisis. The performance gap between white students and students of color is too large and graduation rates of students continue to be a major area of concern. The current Plan Z offers no plans nor measurable outcomes as to how these critical needs will be met as well as evaluated. Additionally, Councilmember White noted that there is a lack of trust and communication that these particular issues will be addressed in the final plan. She noted that portions of Plan Z, if implemented properly, are encouraging. For example, the proposed science and math academy is exciting even though the location of the academy and how students will be selected have not been articulated. Also, the rational as to why LaSalle High School was identified as the school which will house the science and math academy needs further discussion. Councilmember White questioned when the school corporation made the decision that four (4) high schools were needed versus five (5) and at what point did the community have any input in that decision making process. Councilmember White stated that the overall development of what the educational system should be for this community must be hastened and must include all stake holders as equal partners in decision making. A vehicle for change must be developed where all agree and strive to create a quality public education system in the community. Anything less is unwelcome and unacceptable. Councilmember Kelly advised that it was stated that no one from the Council has made any public comments with regard to the school redistricting plan and he would like to point out that several Councilmembers have spoken to the issue. He noted that he recently appeared on a radio program and stated that he did favor Plan Z providing that some changes can be made so that the consent decree is upheld in the lower level schools. Councilmember Kelly stated that it is his personal view -12- REGULAR MEETING JANUARY 14, 2002 that Plan Z is a good plan. However, the one thing that is necessary at this time is compromise and no one is going to get everything they want in this situation. He noted that the plan has to be looked at and studied very carefully in order that it makes some sense to all. Obviously, whenever there is a compromise everyone has to give a little bit. Mr. Melvin Reed, 3310 Dunham, South Bend, Indiana, stated that the school issue is a very dear matter to him because through education he has been able to enjoy the style of life that he has. He noted that he attended a small school from K -12 where all the children went to one school and growing up with this diversity has enabled them to work with everyone. He noted that the decree order is a standing order. In regards to trust, the Consent Agreement that was entered into was a trust arrangement with the community and the school corporation in 1980. What is being asked today is that that agreement be negotiated away to have less. Mr. Reed asked that the Council think about the children in the community and the fact that the community is still living with the past in a lot of things and the way to get the children beyond that is for them to be diverse. Separating the children is not a good situation. Mr. Reed suggested that the Council watch a movie entitled "Separate But Equal" in light of what the community is presently going through with this issue. Mr. Jonathan Schwartz, no address given, suggested that the thing to keep in mind is that when it comes to principles of human rights of which segregation and quality of education is a part there truly can be no compromise. He stated that as elected public officials it is the Council's responsibility to stand up for what is right regardless of who is listening. This issue is about fundamental human rights and the equality of education and the fact that Plan Z would be a significant step back. The progress of evil requires nothing more than that good people remain silent. This is not an issue about a particular project in which two sides can compromise. The issue is basic constitutional and basic human rights of which equal education is the bedrock and cannot be compromised. He stated that he believes this is a sign of how far we have retreated from the ideals of the civil rights movement of the 50's and 60's that elected public officials can even talk about compromising on things that should never be compromised. Mr. Seabe Gaven, no address given, a life long resident of South Bend, stated that when he looks at Plan Z and the possibility of segregating children, it is foreign to him because he grew up in South Bend where he had the opportunity to play with not only children of his own race but different races. Mr. Gaven wondered if this is allowed to happen where will it all end. He believes that public officials have the responsibility to speak up to the issue. He noted that the community might not agree with what they say but the voters need to hear from City officials because this is deeper than education. This issue could divide this community in half. He further noted that there is the possibility of having only one (1) high school on the west side of Michigan Street and that high school will be more than ninety per cent (90 %) minority. Mr. Gaven asked if there was any trust in this plan and noted that no trust has been shown. He noted that his plea to the Council is that the school corporation needs to hear from them as this is a community effort. He further noted that there can be no compromise on the decision that was voted 9 -0 in the Supreme Court. That is the most powerful statement that can be made when the Supreme Court voted 9 -0 against segregation. As a registered voter, Mr. Gaven stated that the community does need to hear from elected officials and if the elected officials do not stand up for what is right then the voters need to exercise their opportunity to put individuals in power that will listen to what they have to say. Ms. Alethea Jones, 1319 East Victoria Street, South Bend, Indiana, noted that she listened to commitments from two (2) Councilmembers but nothing from the remaining six (6) Councilmembers. She stated that the silence of those Councilmembers may say more than what they realize. She further stated that she recently heard a statement that a community is in trouble when its elected officials will accept segregation. She noted that she was not present to say that the Council is accepting segregation but that their silence says a lot. In conclusion, Ms. Jones reiterated that a community is in trouble when its elected officials will accept segregation at any level and she asked the Council to please keep that in mind. -13- REGULAR MEETING JANUARY 14, 2002 ADJOURNMENT There being no further business to come before the Council, President Kelly adjourned the meeting at 7:50 p.m. ATTEST: -/ kaz' Lorett JjIgda, C' y Clerk -14- ATTEST: Roland Kelly, President C C 1