09/17/07 Council Special Meeting Minutes

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SPECIAL MEETING SEPTEMBER 17, 2007 Council is not planning to implement at this time the permit for special events. She is a vulnerable elderly living on the northeast side. She stated that she has no relatives in the State of Indiana, so she would make a really good victim, but she has good friends. She worked at Notre Dame for eight years and knew thousands of students. She worked 11 p.m. to 7 a.m.; she saw a lot of alcohol use and abuse. She is very fond of Norte Dame and the Notre Dame students, but she also knows that there are problems on and off campus. She saw young women freshmen begin drinking on Thursday evening. She saw 21 year olds come in on their birthday in a wheelchair, there is a problem. She hoped that at sometime the Council will implement the permit process for special events for the good of the students as well as the rest of us. There was no one else present wishing to speak in opposition to this bill. In rebuttal, Councilmember Kirsits and Rouse stated that they will correct the typographical errors. As far as violating constitutional rights, the city has the clear right to protect the welfare and safety of it's neighborhoods to pass regulations and it is clearly stated in the COPS manual. They noted that they have had this kind of regulation in other ordinances one being the Adult Bookstore Ordinance. They stated that if 50 students want to get together to hold a prayer meeting with no alcohol involved they don't need a permit. But if they are going to have a party with alcohol involved then you would need a social host permit and that what this bill is all about. They noted cutting to the chase, this is about controlling the kegger's off-campus. The permit parking was drawn from a document that Attorney James Master's drew up by residents that lived in the area. Councilmember Kirsits stated that he is in favor of allowing lawn parking on games day in that area. He stated that the residence in that neighborhood pay their property taxes should have the right to do that. However, with that right comes the right of respectful of the other neighbors and their property. The charge is a dollar a car, and that doesn't seem too unfair. They stated that most students are respectful, but if you happen to live next door to a disorderly house, it is a whole different ball game. Those residents feel victimized by the negative behavior. They clarified that the reason that the City Clerk's Office was to take part in the process is because the City Controller felt that the amount of work was just too much for her department to process. Because the Council and Clerk's Office are proactive and work very effectively together it was determined that the Clerk's Office was to be involved in the preliminary stage of the work and then would be sent to the Controller's Office Licensing Department for the permit to be issued. The boarding house definition has been refined to approve the recommendations from the Legal Department. They noted that Code Enforcement would not be going into homes, but reporting if those homes in question have had numerous citations based on code violations, would not be issued permits. They reiterated that the "Social Host" would be responsible for the violations not the owner. Councilmember Puzzello stated this bill is not intended for those students who lead sober lives or contribute to our community, by donating hundreds of hours of community service. The only thing that is being discussed today is drunks. She stated that it doesn't matter whether those drunks are Notre Dame Students or if they are someone else in the community who is holding a large party which gets noisy. She stated that she is kind of tired of hearing how wonderful the students are, she admits they are, she just asks that they behave like she expects everyone else in South Bend to behave. This is a good faith bill, permits are not going to be required in boarding houses until the CCAC has a chance to meet and work things out. This is okay if it works, she noted that she is a little hesitant and disappointed that there are partners that are not represented here tonight to be allow a chance to speak and have their voices heard. She stated that she would like to see cooperation with the Police Department to get information on the homes that are in violation. She advised that it is very difficult to find out who is hosting a party, so the permit process is a must to find out who is in charge. She noted that she would have liked to have a time limit as to how long the cars would be allowed to park there. Councilmember Puzzello questioned when this bill would go into effect? Kathleen Cekanski-Farrand, City Council Attorney, stated that if the Council would go forward this evening and the Mayor would sign it by tomorrow, the first date that it could be effective would be September 28, 2007, because of the legal advertising requirements. 13