07-08-02 Council Meeting Minutes

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REGULAR MEETING JULY 8, 2002 BILL NO. 19 -02 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2733 LINCOLNWAY WEST IN THE CITY OF SOUTH BEND, INDIANA Councilmember White reported that at the June 24, 2002, Zoning & Annexation Committee a Public Hearing was conducted on this bill. The petitioner was not present but the petitioner had an agent who was present and spoke in support of this bill. At that time the committee sent this bill to the full Council with an unfavorable recommendation. The agent was instructed to advise the petitioner to be present at the 7:00 p.m. Council meeting. However, the petitioner was not present and the Council Attorney was instructed to send a Certified letter to the petitioner as follows: Mr. Yassin Al -shawi 2733 Lincolnway West South Bend, Indiana 46628 Re: Bill No. 19 -02: Proposed rezoning of 2733 Lincolnway West Dear Mr. Al- shawi: Bill No. 19 -02 which is the proposed ordinance which you filed for consideration by the South Bend Common Council was the first item listed for public hearing at the Council's meeting on Monday, June 24, 2002. In light of your absence and no other person being present to make a presentation on this Bill, the Council voted to send Bill No. 19 -02 back to the Zoning and Annexation Committee. If you fail to show at the Zoning and Annexation Committee meeting which will be held on the afternoon of Monday, July 8, 2002, the Committee will take final action to deny the zoning request. Furthermore, this bill will again be listed on the agenda for the 7:00 p.m. Council meeting also to be held on Monday, July 8, 2002. If you fail to appear at that public hearing to make a presentation, the Council will take formal and final action to dispose of this measure. I am enclosing a copy of the June 24, 2002 minutes of the Zoning and Annexation Committee meeting for your records. If you have any questions, please contact this office. Thank you. Councilmember King asked if there was someone available to make the presentation for this bill. Council Attorney Kathleen Cekanski- Farrand asked Councilmember White to also give a report on what took place at the Zoning and Annexation Committee meeting this afternoon. Councilmember White advised that the Zoning and Annexation Committee held a Public Hearing once again on this bill this afternoon but due to the lack of a quorum could not take action. Councilmember White also noted for the record that the petitioner was not present at the Committee meeting this afternoon. Councilmember King again asked if the petitioner or other presenter for this bill was present. There being no one present to make the presentation for this bill, Councilmember Coleman made a motion that this bill be sent to the full Council with an unfavorable recommendation. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. -2-