11-26-01 Health & Public Safety and residential Neighborhoods

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Joint Meeting of the Health&Public Safety Committee and the Residential Neighborhoods Committee November 26, 2001 Page 2 will become new Exhibit A-2 and will contain the legal description for the "Central Business and Entertainment Area Boundary". The Council Attorney noted that she has provided to the Committee a Memorandum dated today which contains several documents, some of which have been previously provided to the Council. She noted that the first attachment was the 4-page legal memorandum dated November 7, 2001 which details background legal information which was utilized during the preparation of the ordinance. She stressed that the proposed regulations must be neutral in content; must be narrowly tailored;must leave open ample alternative channels of communication;and must serve a significant governmental interest. She noted that during the various meetings held with Council Member King and Council President Pfeifer that members of the South Bend Police Department were present and offered input. She further noted that both she and City Attorney Charles Leone have reviewed the substitute bill and both find that it meets the constitutional requirements required when legislating in this area. The proposed ordinance would protect the public from intimidation and other secondary effects of panhandling and solicitation, while protecting the quality of life and economic investments needed for the vitality of the "Central Business and Entertainment Area"addressed in the ordinance. The Council Attorney also noted that three (3) maps prepared by the Division of Economic Development are also attached which address vehicular traffic counts, downtown pedestrian and bicycle counts, and the major businesses. The "Findings" from the 1997 report which Council Member King provided summarize the private investment of $ 294,672,545 and the public investment of $ 140,720,074 in the South Bend Central Development Area. Brian Hedman, Executive Director of the Century Center provided a summary of the "total economic impact from 1990 to 2000 which is also attached to her memorandum,along with other related information. Council President Pfeifer thanked Council Member King and the Council Attorney for their hard work on the proposed ordinance. She stressed that this ordinance like the one heard earlier this year address "quality of life issues". She noted that the City has a responsibility to respond by providing a tool to address those who display inappropriate behavior. She added that she will be in contact with neighbors at the beginning of the new year to resume discussions on loitering, which would complete the trilogy of quality of life ordinances which she and Council Member King will bring forward for action by the Council. Council Member King than provided a larger version of the enhanced map which was developed by the Department of Community and Economic Development. The Council Attorney noted that the new Exhibit A-1 depicting the Central Business and Entertainment Area is on file with the City Clerk's office and the corresponding legal description for Exhibit A-2 will be on file by this evening's formal Council meeting. The Committee action on the proposed ordinance would include the substitute versions of both exhibits. Council Member Ujdak then opened the public hearing to the public. Frank Linerallo noted that he has a business on Marion Street and that he would like the ordinance to include the entire city. He noted that several of his patrons have been approached by aggressive panhandlers, and that when he contacts the Police Department they state that they do not currently have an ordinance addressing such activities. He urged the Council to pass the ordinance.