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HomeMy WebLinkAbout01-28-02 Council Meeting MinutesREGULAR MEETING JANUARY 28, 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 28, 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: James Aranowski Charlotte Pfeifer Roland Kelly Karl King David Varner Andrew Uj dak Sean Coleman Al `Buddy" Kirsits Karen L. White Absent: None 11' District 2nd District 3rd District President 41 District Chairperson, Committee of the Whole 5th District 6t' District At -Large At -Large At -Large Vice - President 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 January 14, 2002 meeting of the Council and found them correct. Therefore, we recommend the same be approved. s/Roland Kelly s/David Varner Councilmember Coleman made a motion that the minutes of the January 14, 2002 meeting of the Council be accepted and placed on file. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS: RESOLUTION NO. 3058 -02 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING CHARLOTTE PFEIFER FOR SERVING WITH DISTINCTION AS PRESIDENT OF THE SOUTH BEND COMMON COUNCIL IN 2000 AND 2001 WHEREAS, the Common Council of the City of South Bend, Indiana, notes that 2nd District Council Member Charlotte Pfeifer was elected as Council President at the Council's Organizational meetings in January of 2000 and 2001; and WHEREAS, during her Presidency, Council President Pfeifer instituted for the first time annual "Council President Reports" which addressed goals and objectives which she highlighted each September in conjunction with reviewing the Council's proposed budget; and WHEREAS, Council President Pfeifer stressed the need for increased opportunities for citizen involvement, encouraged more pro- active outreach activities, and stressed the need for all public officials to be respectful to all citizens as they perform their public service activities; and -1- REGULAR MEETING JANUARY 28, 2002 WHEREAS, some of the many projects addressed under Council President Pfeifer's leadership included revising & updating the governing provisions in the South Bend Municipal Code addressing the Council's own rules & regulations and added the Community Relations Committee and the Information & Technology Committee as new standing committees to help address the growing needs of the Council; hosted three (3) Loitering Conferences in conjunction with IUSB- SPEA to address quality of life issues; upgraded the Council's computer housed in the Clerk's Office; instituted quarterly Executive Sessions with the City Attorney to review pending or anticipated legal actions involving the City; instituted quarterly luncheons with State Senators, State Representatives, and the County Commissioners; and appointed a special Advisory Redistricting Committee to recommend new Councilmanic Districts to the Council. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commends CHARLOTTE PFEIFER for her two (2) years of dedicated service as President of the South Bend Common Council in calendar years 2000 and 2001. Section II. The Common Council wishes to sincerely thank and commend the tireless dedication and time spent by CHARLOTTE PFEIFER in leading the Council into the 21St Century with class and respect; and for making many needed changes and improvements for the betterment of enhancing the legislative branch of city government. Section III The Common Council wishes to also thank Charlotte for upgrading the furniture in the Council Lobby area, for upgrading the locks for enhanced security, and for boldly challenging all of her colleagues on the Council by having the Council Informal Meeting Room painted with a "whirlgig" paint color and her Council Office with a "Rosehip" paint color. Section IV. The Common Council sincerely wishes this new bride and her husband, Verge Gillam, many wonderful years together; and looks forward to working with her as the Council works with the City Administration to address the many challenges facing our city and country. Section V. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /James Aranowski, First District s /Roland Kelly, Third District s /Karl King, Fourth District s/David Varner, Fifth District s /Kathleen Cekanski - Farrand, Council Attorney ATTEST: s /Loretta J. Duda, City Clerk s /Andrew Ujdak, Sixth District s /Sean Coleman, At Large s /Al "Buddy" Kirsits, At Large s /Karen L. White, At Large s /Stephen J. Luecke, Mayor Council President Kelly read the Resolution in its entirety and presented past President Pfeifer with an engraved gavel. Members of the Council and audience honored Councilmember Pfeifer with a standing ovation. Therefore, Councilmember Kelly made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried by acclamation. MAYOR'S STATE OF THE CITY ADDRESS At 7:07 p.m. Mayor Stephen J. Luecke presented to the Council the annual State of the City address which ended at 8:03 p.m. A written copy of the Mayor's address is available in the City Clerk's -2- 1 1 L REGULAR MEETING JANUARY 28, 2002 office and on the official City of South Bend website. RESOLVE INTO THE COMMITTEE OF THE WHOLE Following a short recess in order to clear the Chambers and remove the video equipment, Councilmember Coleman made a motion to resolve into the Committee of the Whole at 8:10 p.m. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Chairman King presiding. BILL NO. 115 -01 PUBLIC HEARING ON 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 Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Jeff Myers, Staff Planner, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Myers advised that the petitioners are requesting a zone change from "C -1" Commercial, "A" Height and Area to "C" Commercial, "A" Height and Area to allow a video sales and rental facility. The property currently contains a vacant bank building. Located to the north is an office and single - family homes zoned `B" Residential, "A" Height and Area and single family homes zoned "A" Residential, "A" Height and Area; to the east are single family homes, offices and a fire station zoned "B" Residential, "A" Height and Area and "C" Commercial, "D" Height and Area; to the south are commercial businesses zoned "C" Commercial, "D" Height and Area and a parking lot zoned "A" Residential, "A" Height and Area and to the west are single family homes zoned "A" Residential, "A" Height and Area. Mr. Myers further advised that access to the site is from Portage Avenue, Kinyon Street and Bulla Street. Water and sewer are available to the site. The drainage has been addressed by the petitioner. The total site to be rezoned is 1.68 acres. Of that, the buildings will occupy ten per cent (10 %) of the site, the parking and drives will occupy forty -six per cent (46 %) of the site and forty -four per cent (44 %) of the site will remain as open space. A check of the Agency's maps indicates that no public wells, flood hazards, wetlands or environmental hazard areas are present. The site plan is preliminary. It was noted that in 1996 this property was petitioned for a zone change from "C -1" Commercial to "C" Commercial to allow video sales and rental and sales. That petition was denied. The Area Plan Commission, at its Public Hearing held on December 18, 2001, sent this petition to the Council with a favorable recommendation subject to a final site development plan. Since the previous rezoning was denied, this site has been vacant and continues to deteriorate. This rezoning would provide a retail facility that would be of service to the neighborhood. Mr. Mike Danch, President, Danch, Harper & Associates, Inc., 2422 Viridian Drive, Suite 201, South Bend, Indiana, made the presentation for this bill on behalf of the petitioners, Family Video, proposed purchasers of the property and Pullman Bank & Trust Company, present owners of the property. Mr. Danch advised that the site plan submitted shows the 1.6 acre site which is bound on the east by Portage Avenue, on the south by Bulla Street, on the west by Anderson and on the north by Kinyon. Family Video intends to demolish the existing Pullman Bank Building and replace it with a new Family Video store which will contain approximately seven thousand one hundred (7,100) square feet of area. Access to the site will be off of Kinyon Street, Portage and Bulla. The parking -3- REGULAR MEETING JANUARY 28, 2002 area will be located to the east portion of the site closest to Portage and there will also be a parking bay toward the north portion on Kinyon. The building will be connected to City water and sewer. There will be extensive landscaping along the north and west portions of the site to buffer this structure and parking areas from existing residential uses located to the west and northwest of this area. As part of the rezoning procedure, the petitioners have been in contact with the neighborhood associations in this particular area to advise them of the proposed plans and to get feedback on the site plan submitted. The residents have asked that Family Video not allow public telephones or vending machines in front of the building. Family Video agrees to this request and will make this stipulation as part of the site plan. Another concern of the residents is the existing sidewalk along Portage Avenue which is presently right against the curb line. The sidewalk will be moved back and a parkway area will be created. This will be in keeping with what the Portage Avenue Business Association is trying to do in this area. Mr. Danch noted that they will meet all the standards for drainage that is required as well as landscaping the signage. There will be lighting in the parking areas that will light the structure and the parking area for security purposes. In addressing some of the neighbors' concerns, it is noted that the building will have a large glass area toward the Portage and Kinyon sides to assure an open view of the parking areas. Councilmember Varner asked Mr. Danch to reiterate his comments from the afternoon committee meeting concerning the specificity of this rezoning. Mr. Danch stated that in the application for this rezoning it was specifically stated that this property will be used only for a video sales type facility. From a zoning standpoint, if Family Video left this site, no one could put in a gas station or a convenience store because the property will be held to this specific use and it would have to be rezoned for any other purpose. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Ms. Sherece Tolbert, Staff Member, Community Development, 1200 County -City Building, South Bend, Indiana, spoke in favor of this rezoning. She noted that Family Video has worked consistently with the neighborhood association and the Portage Avenue Steering Committee attending their meetings and re -doing their drawings based on the neighborhood and the steering committees concerns and trying to stay in line with the Portage Avenue Corridor Commercial Revitalization Plan as well as the Keller Park Neighborhood Strategic Action Plan. The Community Development staff is behind this project and the neighborhoods are also in support of this project. There being no one else present wishing to speak in favor of this bill and no one present wishing to speak in opposition to this bill, Councilmember Aranowski made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 116 -01 PUBLIC HEARING ON 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 White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Jeff Myers, Staff Planner, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Myers advised that the petitioners are requesting a zone change from "B" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area to allow a management office and a 2 REGULAR MEETING JANUARY 28, 2002 single family residential use. The property contains a single family home. Located to the north across Mishawaka Avenue is Potawatomi Park and Zoo zoned "A" Residential, "A" Height and Area; to the east is a single family home zoned "B" Residential, "A" Height and Area; to the south are single - family homes zoned "A" Residential, "A" Height and Area and to the west across 21S` Street is a branch of the St. Joseph County Public Library zoned "C -1" Commercial, "A" Height and Area. Mr. Myers noted that access to the site is from 21S` Street. Water and sewer are available to the site. The drainage has been addressed by the petitioner. The total site to be rezoned is six thousand nine hundred eighty (6,980) square feet. Of that, the buildings will occupy thirty -one percent (31%) of the site, the parking and drives will occupy fourteen per cent (14 %) of the site and fifty -five per cent (55 %) of the site will remain as open space. A check of the Agency's maps indicates that no public wells, flood hazards, wetlands or environmental hazard areas are present. The site plan is preliminary. A Special Exception will be necessary for the residential portion of the building if this site is rezoned to "C" Commercial by the Common Council. Also, rear yard and side yard setback variances will have to be obtained prior to final site plan approval. The Area Plan Commission, at its Public Hearing held on December 18, 2001, sends this petition to the Council with a favorable recommendation subject to a final site development plan. The addition of mixed use properties is beneficial to and should be encouraged along corridors such as Mishawaka Avenue. Such properties increase the short term viability and long term sustainability of both the individual property and the entire corridor. Mr. Mike Danch, President, Danch, Harper & Associates, Inc., 2422 Viridian Drive, Suite 201, South Bend, Indiana, made the presentation for this bill, representing the owners, Peter and Rosemary Majeski. Mr. Danch noted that this property is located on the southeast corner of Mishawaka Avenue and 21 s' Street across from Potawatomi Park and the South Bend Public Library. Currently on this site is a single family home and a two (2) story garage located at the south end of the property. The petitioners would like to rezone this property to a commercial classification in order to put in a management office in the garage structure. The management office would be located on the second floor of the garage structure and would utilize five hundred nine (509) square feet. The bottom part of the structure will contain one hundred (100) square feet of office area and the existing garage. This commercial zoning is requested to allow this very low density use at this location. Mr. Danch noted that Mr. Majeski has several properties and is in need of a management office. The Maj ewski's presently own the property directly to the south of the petitioned site. They will be leaving the existing home which is toward the north side of Mishawaka Avenue as a residential structure and that will remain as a rental unit. Mr. Danch noted that a breeze way addition is shown between the existing single family home and the garage which was required by the zoning ordinance in order to allow the single family home to remain as a single family structure. Additionally, parking will all be off site in the garage structure. No parking will take place on either 21" Street or Mishawaka Avenue. The site is already hooked up to sewer and water and all drainage requirements will be met. Mr. Danch further noted that the Board of Zoning Appeals has granted side yard and rear yard setbacks for the existing structure. 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 Varner made a motion for favorable recommendation to full Council concerning this bill. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. -5- REGULAR MEETING JANUARY 28, 2002 BILL NO. 7 -02 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $6,900 FROM THE ECONOMIC DEVELOPMENT FUND ( #212) TO PROVIDE LEAD - SAFE WORK PRACTICES TRAINING Councilmember King reported that the Community and Economic Development Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. George Adler, Division of Community Development, Community & Economic Development 1200 County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Adler advised that on January 10th new HUD regulations went into effect regarding the use of lead base paint and how to deal with it in residential dwellings. Since the City receives several million dollars in federal funds dealing with housing they have taken the initiative in order to increase the capacity of the community to deal with the new regulations. The City applied for a grant to HUD and was awarded sixty nine hundred dollars ($6,900.00) for the purpose of increasing the capacity of local contractors to be able to deal with these new regulations by learning lead safe work practices. These funds can only be used for training. None of the funds will go for administrative costs of the department. The department is acting as the fiscal agent through which the funds will pass. Councilmember King noted that it was stated that none of these funds will go toward administrative costs of the department and he asked if there will be an incremental expense for the department to administer these funds. Mr. Adler noted that there will be some costs in terms of organizing the lead safe work practices training and the department is absorbing those costs as well as some administrative costs in handling the pass through of the funds. 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 White seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Coleman made motion to rise and report to the frill Council. Councilmember *i` =er seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: (:L�orett.da, Yty Clerk ATTEST n J tai e boll �CrTmii ttee of the REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 8:30 p.m. Council President Roland Kelly presided with nine (9) members present. -6- n i 1 REGULAR MEETING JANUARY 28, 2002 BILLS - THIRD READING ORDINANCE NO. 9301 -02 AN ORDINANCE 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 This bill had third reading. Councilmember Aranowski made a motion to pass this bill. Councilmember Pfeifer seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9302 -02 AN ORDINANCE 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 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 nine (9) ayes. ORDINANCE NO. 9303 -02 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $6,900 FROM THE ECONOMIC DEVELOPMENT FUND ( #212) TO PROVIDE LEAD -SAFE WORK PRACTICES TRAINING This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS RESOLUTION NO. 3059 -02 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 2104 MISHAWAKA AVENUE, SOUTH BEND, INDIANA 46615 WHEREAS, Indiana Code Section 36 -7 -4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within thirty (30) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36- 7- 4- 918.4; and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. -7- REGULAR MEETING JANUARY 28, 2002 NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a special exception be granted for the property located at 2104 Mishawaka Avenue, South Bend, Indiana 46615 in order to permit the continuation of a residential dwelling unit (i.e., residential use) within a "C" Commercial Zoning District Classification. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the Petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: The approval will not be injurious to the public health, safety, morals, and general welfare of the community; 2. The use and value of the area adjacent to the property included in the special exception will not be affected in a substantially adverse manner; 3. The need for the special exception arises from specific conditions peculiar to the property involved; 4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied to the property for which this special exception is sought; and The approval does not interfere substantially with the Comprehensive Plan adopted by the City of South Bend. SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Roland Kelly Member of the Common Council Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Ms. Catherine M. Brucker, St. Joseph County /South Bend Building Department, 1255 Lafayette Boulevard, South Bend, Indiana, made the presentation on behalf of the Board of Zoning Appeals of the City of South Bend. Ms. Brucker advised that the Board of Zoning Appeals, at its meeting of December 20, 2001, sent this petition to the Council with no recommendation. She noted that the Board concluded that this use may be detrimental to or endanger public health, safety, morals, comfort or general welfare due in REGULAR MEETING JANUARY 28, 2002 to its proximity to a residential neighborhood. The Board also concluded that this use may or may not be injurious to the use and enjoyment of other properties and it appears to be overly built on the lot. The Board concluded that this use may or may not impede the development of residential areas to the south due to the traffic flow and the aesthetics of the property. Adequate utilities, access road, drainage and or necessary facilities will be provided if approved and adequate measures have been or will be taken to provide ingress and egress to the property if approved. Mr. Mike Danch, President, Danch, Harper & Associates, Inc., 2422 Viridian Drive, Suite 201, South Bend, Indiana, made the presentation for this bill representing the petitioners, Peter and Rosemary Majeski. Mr. Danch noted that as part of the rezoning procedure for the property located on the southeast corner of Mishawaka Avenue and 21" Street, a Special Exception is required to continue to keep the existing home for residential purposes. Because of the way the zoning ordinance is written, a residential structure in a commercial zoning is not allowed unless by Special Exception. Therefore, this Special Exception is being requested. 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 Varner made a motion to adopt this Resolution. Councilmember Coleman seconded the motion which carried by a roll call vote of nine (9) ayes. BILLS - FIRST READING BILL NO. 8 -02 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING FUNDS FOR CAPITAL EXPENDITURES FOR THE FISCAL YEAR 2002 INCLUDING $3,778,684 FROM THE GENERAL FUND, $862,780 FROM THE CUMULATIVE CAPITAL DEVELOPMENT FUND, $28,000 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND, $9,838,000 FROM THE COUNTY OPTION INCOME TAX FUND, $2,610,000 FROM THE ECONOMIC DEVELOPMENT INCOME TAX FUND, $41,100 FROM THE MORRIS PERFORMING ARTS CENTER CAPITAL FUND, $21,500 FROM THE PARKS AND RECREATION FUND, $322,700 FROM THE PARKS NON - REVERTING CAPITAL FUND, $30,000 FROM THE PARK RECREATION NON - REVERTING FUND, $6,000 FROM THE EAST RACE WATERWAY FUND, $32,000 FROM THE CITY CEMETERY TRUST FUND, $2,074,000 FROM THE LOCAL ROADS AND STREETS FUND, $50,750 FROM THE PROJECT RELEAF FUND, $30,900 FROM THE CONSOLIDATED BUILDING DEPARTMENT FUND, $1,328,454 FROM THE WATER WORKS DEPRECIATION FUND, AND $5,294,050 FROM THE SEWAGE WORKS DEPRECIATION FUND This bill had first reading. Councilmember Varner made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on February 25, 2002. KIE REGULAR MEETING JANUARY 28, 2002 Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS REPORT FROM AREA PLAN COMMISSION: It is noted that the Council is in receipt of a recommendation from the Area Plan Commission of St. Joseph County, for the following ordinance based on their Public Hearing held on January 15, 2002: BILL NO. 118 -01 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2110 FORD STREET, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Varner 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 Uj dak seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 81 -01 - STRICKEN - AMEND CHAPTER 21 - ENCHANCE ENFORCEMENT OF ZONING ORDINANCE Councilmember Coleman made a motion to strike this bill from Council consideration. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR CONCERNS ABOUT CONSTRUCTION OF A CREMATORIUM BY THE DEPARTMENT OF CODE ENFORCEMENT Mr. Michael Clark, 1121 North Olive Street, South Bend, Indiana, submitted to the Council photographs of a crematorium which he advised was constructed by the Department of Code Enforcement Animal Control Division on Olive Street at a cost of sixty -five thousand dollars ($65,000.00). He noted that he does not appreciate the structure in the middle of his neighborhood in addition to the fact that it is less than a quarter of a mile from a school. With this structure, Animal Control will be able to burn dead animals. When it is utilized, the smell will go through his mother's house. He asked if the Council will buy his mother's house because she and her neighbors do not want to have to deal with the smell. Mr. Clark suggested that the structure be placed in the neighborhoods of the Councihnembers or the Director of Code Enforcement. Mr. Clark also advised that his mother owns property on Pine Road that she would be willing to sell to the City for this purpose. He asked that the crematorium not be placed in a residential neighborhood and inquired of the Council if they knew the location of the crematorium before it was erected. Mr. Clark reminded Councilmembers that he previously discussed with them the issue of the City operating a transfer station and at that time the Council was told that all licenses were received. Mr. Clark noted that the City does not have a license and did not have a license and probably does not have a licence for this crematorium. He also questioned whether or not a variance should have been required for the crematorium because the land is overbuilt and is too close to the property line. In conclusion, Mr. Clark asked if the City has a license to operate the crematorium and asked why the public was not involved and advised. -10- -1 1 REGULAR MEETING JANUARY 28.2002 ADJOURNMENT There being no further business to come before the Council, President Kelly adjourned the meeting at 8:45 p.m. ATTEST: oretta a, C'ty Clerk -11- ATTEST: Roland E- 1