05-08-89 Council Meeting Minutes

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U a tAld BILL NO. 37 -89 A BILL AMENDING ARTICLE 6.5 OF CHAPTER 21 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Niezgodski made a motion to refer this bill to Area Plan, seconded by Council Member Coleman. The motion carried. UNIFINISHED BUSINESS Council Member Voorde stated that the Personal & Finance Committee will have a meeting Monday, May 22, 1989 at 4:00 p.m., regarding Widows Pensions, for Police & Fire Department. Council Member Niezgodski indicated that the Council and the Mayor are meeting in an informal session and will be discussing the issue of sewer rates. PRIVILEDGE OF THE FLOOR Robert Whisman, 1544 E. 4th St. Mishawaka, IN 46544, licensed auctioneer, spoke regarding his auction business at the old "Brite Way Building" on Ireland Rd. He indicated that his is being harassed by the Department of Code Enforcement. He stated that he is being denied a business license. Council Member Coleman made a motion to continue this meeting to Wednesday, May 10, 1989 at 5:30 p.m. for the sole and exclusive purpose of the continuation of Bill No. 30 -89, seconded by Council Member Zakrzewski. The motion carried by a roll call vote of eight ayes. MEETING MAY 10. 1989 CONTINUED FROM MAY 8, 1989 REGULAR MEETING ROLL CALL Present: Council Members Luecke, Niezgodski, Soderberg, Puzzello, Slavinskas, Zakrzewski, Coleman, Duda and Voorde Absent: None Council Member Zakrzewski made a motion to move reconvene into the Committee of the Whole solely for the purpose of Bill 30 -89, seconded by Council Member Coleman. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on May 10, 1989, at 5:35 p.m., with nine members present. Chairman Luecke presiding. BILL NO. 30 -89 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1ST EAST -WEST ALLEY SOUTH OF MISHAWAKA AVENUE RUNNING EAST FROM 21ST STREET TO THE INTERSECTION OF THE 1ST NORTH -SOUTH ALLEY RUNNING FROM MISHAWAKA AVENUE TO VINE STREET, FOR A TOTAL DISTANCE OF 133 FEET MORE OR LESS. Council Attorney Kathleen Cekanski - Farrand read into the record and marked as exhibit 1, a letter dated May 9, 1989, from the petitioner Bruce H. Metzger, addressed to the Members of the Common Council and reads as follows: At the Council meeting on May 8, 1989, there was concern as to possible legal ramifications and safety hazards resulting from the closure of the alley. We are also concerned about these hazards and ramifications and would like to propose a compromise to our original plan which we feel would eliminate these problems. I met with Fire Chief Prawat this morning and he informed me that his main concern was that emergency vehicles entering from Ironwood could get blocked in. Wit the closure of the alley they would no longer be able to exit to the West and on to 21st Street. Our original plan was to construct a fence from the garage on lot 6 along a line South to the South property line of lot 7. What we propose is the construction of a gate, spanning the 14, right -of -way, and clearly marking it "FOR EMERGENCY VEHICLE EXIT ". The vacated right -of -way to the west of the gate would remain clear of obstacles so as to provide easy access to 21st Street. With this compromise we feel that we would eliminate the aforementioned problems and also achieve our intended purpose of eliminating the excessive through traffic which creates serious hazards to our children. Your continued concern in this matter is appreciated. Council Attorney Kathleen Cekanski - Farrand also read into the record and marked Exhibit 2 a letter from City Engineer John Leszczynski, dated May 10, 1989, and addressed to Kathleen Cekanski - Farrand and reads as follows: