11-25-02 Council Meeting Minutes

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REGULAR MEETING NOVEMBER 25, 2002 Therefore, Councilmember Coleman made a motion to send this bill favorably to full Council. Councilmember Kuspa seconded the motion. Councilmember Pfeifer stated that she will not be voting in support of this bill. She noted that for years the City has made a commitment to stabilize neighborhoods and to make it such that single family owners can move in and have affordable housing. Not only has the NNN worked very hard at correcting the zoning in many neighborhoods, other neighborhood associations have as well. She further stated that she believes that it would be a bad situation to change this zoning. Should the structure have to be replaced due to a fire, then a single family house would have to be built and that would continue the work that the NNN and the Lincolnway and Portage Avenue Corridors have done. In conclusion, Councilmember Pfeifer advised that she will not be supporting the zoning change. Councilmember Kirsits commented that he is not for spot zoning and he appreciates the efforts that the neighborhood association has done. However, if the petitioner intends to recoup his investment and go to a land contract, that actually could be a far worse fate to the immediate neighborhood. The fact that this house has had continuous use as a rental property with apartments, it deserves this rezoning. He noted that there are several houses in his neighborhood in this same situation and they deserve the right to continue that way as long as they are maintained. Councilmember Varner noted that it appears that the house can continue to operate in its current status so long as nothing catastrophic occurs. On the other hand, it was built as a duplex to begin with and having existed as a duplex, that consideration should be given to the fact that this house was originally built as a duplex versus a building that has been converted from a single family house. He further noted that should the Council find itself inundated in the next six (6) months with requests from other building owners in the neighborhood, the Council can absolutely make a distinction between that which has been converted and that which has been constructed as a duplex. Councilmember King noted that there has been a motion and a second to send this bill to the full Council with a favorable recommendation. Because the voice vote could not be determined, Councilmember Coleman made a motion for a roll call vote. Councilmember Varner seconded the motion for a roll call vote which carried by a voice vote of nine (9) ayes. The motion passed by a roll call vote of five (5) ayes by Councilmembers Varner, Kuspa, Coleman, Kirsits and Kelly, with nay votes by Councilmembers Aranowski, Pfeifer, King and White. BILL NO. 92 -02 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 1, SECTION 1 -4 OF THE MUNICIPAL CODE OF SOUTH BEND COMMONLY REFERRED TO AS SIX (6) COUNCILMANIC DISTRICTS Council President Kelly reported that the Council Rules Committee reviewed this bill this afternoon and sends it to the full Council with a favorable recommendation. Ms. Charlotte Pfeifer, Second District Councilmember, 1013 West Washington Street, South Bend, Indiana, made the presentation for this bill. Councilmember Pfeifer advised that every ten (10) years after the census, governmental units are required to consider redistricting. She further advised that at the end of 2001, she formed a committee which had broad depth and breath of representation from neighborhoods, Councilmembers and resource people. The committee met once a month on a Saturday to study various plans with the result being the redistricting bill submitted this evening. Four issues kept in mind were that they wanted to make sure that there was a balance of population among all of the -7-