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HomeMy WebLinkAbout07-08-02 Council Meeting MinutesREGULAR MEETING JULY 8, 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, July 8, 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 Andrew Uj dak Sean Coleman Al `Buddy" Kirsits Karen L. White Absent: David Varner 1" District 2nd District 3rd District President 4th District Chairperson, Committee of the Whole 61 District At -Large At -Large At -Large Vice - President 51 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 June 24, 2002 meeting of the Council and found them to be correct. Therefore, I recommend the same be approved. s/Roland Kelly Councilmember Coleman made a motion that the minutes of the June 24, 2002 meeting of the Council be accepted and placed on file. Councilmember King seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS There was no special business to come before the Council at this time. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:04 p.m. Councilmember Coleman made a motion to resolve into the Committee of the Whole. Councilmember King seconded the motion which carried by a voice vote of eight (8) ayes. Chairman King presiding. BILL NO. 40 -02 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST /WEST ALLEY SOUTH OF MISHAWAKA AVENUE FROM 21ST STREET WEST TO THE FIRST NORTH /SOUTH ALLEY; AND THE FIRST NORTH/SOUTH ALLEY WEST OF 21ST STREET FROM THE FIRST EAST /WEST ALLEY SOUTH OF MISHAWAKA AVENUE Councilmember King explained to the audience that the Council has received a request from the petitioner asking that Bill No. 40 -02 be postponed until the July 22, 2002 meeting. Therefore, Councilmember Coleman made a motion to postpone this bill until July 22, 2002. Councilmember Aranowski seconded the motion which carried by a voice vote of eight (8) ayes. -1- 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- REGULAR MEETING JULY 8, 2002 BILL NO. 32 -02 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR SPECIFIED PROPERTIES LOCATED IN THE HOMELAND NEIGHBORHOOD BETWEEN OLIVE STREET ON THE EAST, EWING AVENUE ON THE SOUTH, NEW ENERGY DRIVE ON THE WEST, AND RAILROAD TRACKS ON THE NORTH, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Aranowski made a motion to consider the substitute version of this bill. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember White reported that the Zoning & Annexation Committee conducted a Public Hearing on this substitute bill but due to the lack of a quorum sends this bill to the full Council without a 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 this is a Common Council initiated petition to rezone from `B" Heavy Industrial, "F" Height and Area and `B" Residential, "A" Height and Area to "A" Residential, "A" Height and Area. The purpose of the proposed rezoning is to bring the zoning of this area into conformance with its actual usage and to create orderly residential development in the area. The petition area contains single family homes and vacant land. The petition area is generally surrounded by agricultural and industrial uses to the north and west and by a mix of commercial and residential uses to the south and east. A site plan is not required for rezonings initiated by the Common Council. The Area Plan Commission at its Public Hearing held on June 18, 2002 sent this petition to the Council with a favorable recommendation. The rezoning will bring the zoning into conformance with the dominant use of the neighborhood. Mr. Mike Urbanski, 17874 State Road 23, South Bend, Indiana, made the presentation for this bill. Mr. Urbanski advised that this rezoning will bring the whole area into compliance. He noted that there are ninety (90) to one hundred (100) new residences in the area with another twenty (20) to go and this will enable the area to remain single family. 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 as substituted. Councilmember Ujdak seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 36 -02 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE INTERSECTION OF AMERITECH DRIVE AND PARKLAND DRIVE, IN THE CITY OF SOUTH BEND, INDIANA Councilmember White reported that the Zoning & Annexation Committee held a Public Hearing but due to the lack of a quorum sends this bill to the full Council without a recommendation. Mr. Jeff Myers, Staff Planner, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, presented the report from the Commission. -3- REGULAR MEETING JULY 8, 2002 Mr. Myers advised that the petitioners are requesting a zone change from "IP" Industrial Park to "D" Light Industrial, "A" Height and Area to allow all uses permitted within the "D" Light Industrial Zoning classification. The property is currently vacant land. Located to the north is agricultural land zoned "R" Residential in the County; to the east are industrial businesses zoned "IP" Industrial Park and "D" Light Industrial, "A" Height and Area; to the south is an industrial business zoned "IP" Industrial Park; and to the west is the U.S. 31 Bypass. Access to the site is from both Ameritech Drive and Parkland Drive. Water and sewer are available to the site. The drainage has not been addressed by the petitioner. The total site to be rezoned is seventeen (17) acres. A check of the Agency's maps indicates that no public wells, flood hazards, wetlands or environmental hazard areas are present. A site plan is not required for rezonings initiated by the Common Council. Mr. Myers further advised that the Area Plan Commission, at its Public Hearing held on June 16, 2002, sent this petition to the Council with a favorable recommendation. Within the immediate area there are other properties that are currently zoned "D" Light Industrial and therefore it is the Commission's opinion that the proposed zoning and allowable uses within the "D" Light Industrial Zoning District are reasonable for these properties. Mr. Andy Lawrence, Economic Development Division, 12th Floor, County -City Building, South Bend, Indiana, advised that he will be making the presentation on behalf of the property owner. Mr. Lawrence noted that this rezoning is related to the TJX development project in that it will prepare land for sale to MTE Truck and Trailer Service who will be relocating from the TJX site onto these lots. 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 Aranowski made a motion for favorable recommendation to full Council concerning this bill. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 46 -02 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TRANSFERRING $450,000 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Councilmember King reported that the Community and Economic Development Committee held a Public Hearing on this bill this afternoon. However, because of the lack of a quorum the committee did not take formal action and this bill comes to the Council with no recommendation. Ms. Beth Leonard, Director, Department of Community and Economic Development, 12th Floor, County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Leonard advised that this bill will take community development block grant dollars that were left unspent from allocated projects in prior years and use those dollars for the demolition of the Oliver School building. Councilmember Ujdak noted that he had an opportunity to look at the study done for this project and there appears to be a large variance in the amount being budgeted and the estimates that were received. He asked Ms. Leonard if she felt that the amount being transferred today would be enough for the total demolition. Ms. Leonard stated that she was told that this would be enough and did not have any information that indicated that it would not. Councilmember Ujdak advised that one in REGULAR MEETING JULY 8, 2002 estimate for the demolition portion was three hundred eighty thousand dollars ($380,000.00) and the second closest estimate was for four hundred eighty thousand dollars ($480,000.00) with neither of these amounts including abatement or removal of other contaminated items on the site. Ms. Leonard indicated that when this project was originally discussed a higher figure was stated but based on later estimates the figure was lowered and the four hundred fifty thousand dollars ($450,000.00) was supposed to be not only for demolition but for site preparation. Councilmember Ujdak indicated that he hopes that the amount being transferred is enough to cover the project. Ms. Leonard advised that they will be back before the Council if this amount is not sufficient. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Lynn Coleman, Mayor's Office, 14th Floor, County -City Building, South Bend, Indiana, advised that he was present on behalf of the Mayor who is in support of this bill. He noted that they have worked very hard with the community in that area looking for an opportunity to do something with that site. It is unfortunate that the building must be torn down but it is for the betterment and possible redevelopment of the community. Mr. Don Niezgodski, 1113 North Elliott Street, South Bend, Indiana, informed the Council that he was previously in charge of security for the school corporation and about fifteen (15) years ago the school corporation did lend a few rooms at the old Oliver School to the Police Department for storage. He noted that at that time, the hallways of the building were being held up by two -by- fours. Mr. Niezgodski stated that the demolition of this building in long overdue and it should be taken down so the land can be used for something useful. There was no one else present wishing to speak in favor of this bill and there was no one present wishing to speak in opposition to this bill. Therefore, Councilmember Coleman made a motion that this substitute bill go favorably to full Council. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 47 -02 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 9, ARTICLE 3, OF THE SOUTH BEND MUNICIPAL CODE ENTITLED AMBULANCE/MEDICAL USER FEE AND DEDICATED FUND Councilmember Aranowski reported that the Health and Public Safety Committee and the Personnel and Finance Committee met on this bill and sends it to the Council with a favorable recommendation. Assistant Fire Chief Rick Switalski, South Bend Fire Department, 701 West Sample Street, South Bend, Indiana, made the presentation for this bill. Chief Switalski advised that this bill would amend the user fees for ambulance service provided by the South Bend Fire Department to the citizens of South Bend. The current user fees were adopted in 1997 by the Council. The proposed user fees will bring the department into compliance with the new Medicare guidelines which went into effect April 1, 2002 which also includes mandatory assignment for users who are covered by Medicare. The proposed user fees reflect the cost of providing the service and will also bring the Department into compliance not only with Medicare but also with some recent Medicaid guidelines through the State of Indiana. -5- REGULAR MEETING JULY 8, 2002 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 Kelly made a motion for favorable recommendation to full Council concerning this bill. Councilmember Uj dak seconded the motion which carried by a voice vote of eight (8) ayes. RISE AND REPORT Councilmember White made motion to rise and report to the full Council. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. • 'o • 1 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 7:20 p.m. Council President Roland Kelly presided with eight (8) members present. BILLS - THIRD READING BILL NO. 19 -02 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2733 LINCOLNWAY WEST IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Pfeifer made a motion to defeat this bill. Councilmember Coleman seconded the motion which carried and the bill was defeated by a roll call vote of eight (8) ayes. ORDINANCE NO. 9337 -02 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR SPECIFIED PROPERTIES LOCATED IN THE HOMELAND NEIGHBORHOOD BETWEEN OLIVE STREET ON THE EAST, EWING AVENUE ON THE SOUTH, NEW ENERGY DRIVE ON THE WEST, AND RAILROAD TRACKS ON THE NORTH, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Coleman made a motion to consider the substitute version of this bill. Councilmember King seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Coleman made a motion to pass this bill as substituted. Councilmember King seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. I Me REGULAR MEETING JULY 8, 2002 ORDINANCE NO. 9338 -02 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE INTERSECTION OF AMERITECH DRIVE AND PARKLAND DRIVE, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Pfeifer made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9339 -02 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TRANSFERRING $450,000 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had third reading. Councilmember Coleman made a motion to consider the substitute version of this bill. Councilmember King seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Coleman made a motion to pass this bill as substituted. Councilmember King seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9340 -02 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 9, ARTICLE 3, OF THE SOUTH BEND MUNICIPAL CODE ENTITLED AMBULANCE/MEDICAL USER FEE AND DEDICATED FUND This bill had third reading. Councilmember Pfeifer made a motion to pass this bill. Councilmember Coleman seconded the motion. Councilmember Kirsits advised for the record that he is employed by the South Bend Fire Department but on the advice of the Council Attorney he will be able to vote on this issue since he will not benefit economically. The motion carried by a roll call vote of eight (8) ayes. RESOLUTIONS RESOLUTION NO. 3106 -02 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION TO THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT FOR A LOAN FROM THE BROWNFIELDS CLEANUP REVOLVING LOAN FUND WHEREAS, the Mayor of the City of South Bend, Indiana, is the Chief Executive Officer of the City and is the appropriate applicant for a loan from the Indiana Department of Environmental Management (IDEM) Brownfields Cleanup Revolving Loan Fund; and WHEREAS, the purpose of the Brownfields Cleanup Revolving Loan Fund is to clean up brownfields to facilitate their sustainable reuse; and -7- REGULAR MEETING JULY 8, 2002 WHEREAS, the City of South Bend is interested in remediating environmental conditions at a publicly owned piece of property known as Fredrickson Park in order that new development may occur on the site; and WHEREAS, the proposed remediation at Fredrickson Park meets the guidelines of the Brownfields Cleanup Revolving Loan Fund. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the Mayor of the City of South Bend, Indiana, is hereby authorized to submit an application to the Indiana Department of Environmental Management for a loan from the Brownfields Cleanup Revolving Loan Fund in the amount of $1,000,000. SECTION II. That the Mayor of the City of South Bend, Indiana, shall file with the Common Council a complete copy of the Loan Agreement to be submitted by the Mayor to the Indiana Department of Environmental Management. SECTION III. That for every activity, proj ect, or program to be funded under this resolution, the Mayor shall submit to the Common Council an appropriation ordinance prior to expenditure of any funds received from the Indiana Department of Environmental Management upon approval of this application. SECTION IV. That the Mayor shall be authorized to accept and affirm the loan should one be awarded. SECTION V. That the City of South Bend, Department of Community and Economic Development be designated as the agency and office administering on behalf of the City of South Bend any loan awarded under this application. SECTION VI. That 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 King reported that the Public Works and Property Vacation Committee held a Public Hearing on this Resolution this afternoon and voted to send it the full Council with a favorable recommendation. Ms. Ann Kolata, Senior Redevelopment Specialist, Community and Economic Development, 12th Floor, County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Kolata advised that this Resolution authorizes the Mayor to submit an application for a loan from the Brownfields Cleanup Revolving Loan Fund made by the State of Indiana. The City is asking for $1 million dollars which is the maximum amount of the fund at the present time. The fund is administered by the State of Indiana but it is actually EPA money from the Federal government. The loan will be used for remediation of the area in the northeast neighborhood known as Fredrickson Park. Work that needs to be done includes the capping of an unregulated landfill that was operated from the 1930's to the early 1970's and the installation of a methane gas collection recovering system. The $1 million dollars will be for the cost of the remediation. Ms. Kolata noted that pursuant to the terms of the loan up to twenty per cent (20 %) could be forgiven and the City is asking for that forgiveness. The estimated interest rate for the loan will be either two and one half percent (2.5 %) or three percent (3 %) depending upon the term of the loan. This is something that if the loan is approved will be negotiated and settled with the State. n 1 u REGULAR MEETING JULY 8, 2002 Mr. Gary Gilot, Director, Department of Public Works, 13th Floor, County -City Building, South Bend, Indiana, informed the Council that the Fredrickson Park site is currently a community liability with known environmental contamination. It was originally proposed to transform it over time but due to the amount of methane that is being generated if it is not capped all at once and the methane controlled, it could be pushed out to the houses in the surrounding area. Therefore, it is essential to do it all at once. The revolving loan fund will allow the City to complete the work all at once and spread the payments out over time. Mr. Gilot advised that the plans and specifications for the necessary remediation are prepared and ready to go once funding is secured. He also noted that Councilmember King has been in a leadership role in bringing in partners like the school corporation and Notre Dame to make this project a community asset as an environmental education park. 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 King 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. 48 -02 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2004 E. EDISON ROAD, IN THE CITY OF SOUTH BEND, - INDIANA This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Area Plan Commission. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 49 -02 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR THE CITY OF SOUTH BEND, INDIANA, AS AMENDED FOR PROPERTY LOCATED IN THE 100 BLOCK OF WEST ANGELA BLVD. IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Aranowski made a motion to refer this bill to the Area Plan Commission. Councilmember Pfeifer seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 50-02 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE CITY OF SOUTH BEND HAVING A STREET ADDRESS OF 620 N. MICHIGAN STREET This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Area Plan Commission. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. In REGULAR MEETING JULY 8, 2002 BILL NO. 51 -02 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE CITY OF SOUTH BEND AND HAVING A STREET ADDRESS OF 803 N. MICHIGAN STREET This bill had first reading. Councilmember Coleman made a motion to accept the substitute. Councilmember Aranowski seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Pfeifer made a motion to refer this bill to the Area Plan Commission as substituted. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 52 -02 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 615 NORTH MICHIGAN STREET IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Area Plan Commission. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 53 -02 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 802 NORTH LAFAYETTE STREET 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 Aranowski seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS There was no unfinished business to come before the Council at this time. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR REOUEST FOR ASSISTANCE IN STOPPING ILLEGAL AUTOMOTIVE REPAIR - 2733 LINCOLNWAY WEST Mr. Don Niezgodski, 1113 North Elliott Street, South Bend, Indiana, noted that earlier this evening the Council did residents a favor by turning down Bill No. 19 -02 for a rezoning at 2733 Lincolnway West. He noted that at this time the resident at this address does not have a used car lot but is doing mechanical work and spray painting vehicles. Mr. Niezgodski stated that the neighbors assume that these vehicles belong to the brother -in -law who has a used car lot further east on Lincolnway West. He further noted that he called the City twice yesterday and they did halt activity for about an hour. He asked Councilmembers to get involved in this matter as it is a health hazard with the spray painting being done in the open -10- CJ u REGULAR MEETING JULY 8, 2002 with fumes and spray going through the air. Additionally, Mrs. Gratzol, who lives on the corner of Humbolt and Eclipse, is getting the over spray on her property which should not be allowed. Mr. Niezgodski advised that he intends to call the Department of Code Enforcement and ask them to get involved and have the resident cease and desist. Councilmember Pfeifer informed Mr. Niezgodski that Mr. Fred Thon of the Mayor's Office is the acting Director of the Department of Code Enforcement. However, she noted that she will also get with several Councilmembers and they will take care of this situation. She thanked Mr. Niezgodski for bringing this matter to their attention. REQUEST FOR TWENTY -FOUR (24) HOUR BASKETBALL FACILITY Mr. John Swanson, 1321 West Washington Street, South Bend, Indiana, stated that he is present tonight to follow up on his comments from the last Council meeting regarding the City building a basketball center in the middle of town that would be open twenty -four (24) hours a day with midnight basketball. Mr. Swanson noted that individuals of different races and creeds could come together and when the police see a crowd of youths standing around with nothing to do they could send them to the gym. ADJOURNMENT There being no further business to come before the Council, President Kelly adjourned the meeting at 7:43 p.m. ATTEST: Loretta J. D a, Cit Clerk -11- ATTEST: Roland Kelly, President F� 1 C