07-25-05 Council Meeting Minutes

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REGULAR MEETINGJULY 25, 2005 Ms. Rita Kopala, 66559 Ivy Road, Lakeville, Indiana, spoke in opposition to this bill. Ms. Kopala stated that the Phillips Ditch is located on the eastern part of this property and that it is over taxed already, and that there is a lot of flooding on the Phillips. This project would allow for paving too close to the Phillips ditch and this will cause the ditch to overflow and flood homeowners basements. There was no one else present wishing to speak in opposition to this bill. In rebuttal, Mr. Masters stated that the minutes of the Area Plan Commission quote the County Surveyor John McNamara as saying that the new site plan shows that they have moved any structure 75 feet away from the ditch. Once you get outside the 75 feet, there is no jurisdiction over it, so the only other stipulation is that they could not fill between that 75 foot line and the ditch. The agreement is that they simply are going to put a parking lot on the existing ground. There won’t be any fill brought in. The ground will not be any higher than it is now. Unfortunately, the area has flooded in the past, and it will flood in the future. The only thing is that whatever is done development-wise not to make the situation any worse. Mr. McNamara stated that he did not think what they are doing is going to make the situation any worse and he thought that it is not going to make it any better either, but it is not going to make it any worse. From the Drainage Board’s standpoint, we are satisfied that they moved everything outside the 75 feet. Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill and set it for third reading on August 8, 2005. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 40-05 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13 OF THE SOUTH BEND MUNICIPAL CODE TO EXPAND THE SCOPE OF PROHIBITED CONDUCT WHICH MAY GENERATE AN ACTION TO ABATE A PUBLIC NUISANCE Councilmember Puzzello made a motion to hear the substitute version of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember White, Chairperson, Health & Public Safety Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this substitute bill to the full council with no recommendation. Ann-Carol Nash, Assistant City Attorney, 1400 County-City Building, South Bend, Indiana, made the presentation for this bill. Ms. Nash advised that this bill would amend Chapter 13 of the South Bend Municipal Code to expand the scope of prohibited conduct which may generate an action to abate a disorderly house. The substitute bill adds language to acknowledge that the attempts of property owners to address the nuisance may be a mitigating factor in determining a fine, and it provides that eviction may relieve a property owner of liability, as is the case under the drug house ordinance. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Councilmember Rouse Councilmember White Councilmember Varner questioned the time frame of how long the process takes on declaring a disorderly home. 10