08-12-91 Council Meeting Minutes

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224 REGULAR MEETING AUGUST 12, 1991 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, August 12, 1991, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Luecke, Niezgodski, Soderberg, Puzzello, Slavinskas, Zakrzewski, Duda, Coleman and Ladewski Absent: None 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 July 22, 1991 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Tom Zakrzewski /s /Don Niezgodski Council Member Zakrzewski made a motion that the minutes of the July 22, 1991 meetings of the Council be accepted and placed on file, seconded by Council Member Coleman. The motion carried. Council Member Coleman made a motion to resolve into the Committee of the Whole, seconded by Council Member Zakrzewski. The motion carried COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of Committee of the Whole on August 12, 1991 at 7:04 p.m., Chairman Duda presiding. BILL NO. 29 -91 A BILL AMENDING THE ZONING ORDINANCE SOUTHWEST CORNER OF EWING AVENUE AND OF SOUTH BEND, INDIANA, FOR MERVIN Al South Bend met in the with nine members present. FOR PROPERTY LOCATED AT THE IRONWOOD ROADS, IN THE CITY qD DELORIS PURSER. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Slavinskas reported that the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorable, as amended. John Byorni, Area Plan, indicated the staff was in favor of the amended site plan for this location. Council Member Slavinskas made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Coleman. The motion carried. Kenneth Fedder, attorney for the petitioner, made the presentation for the bill. He indicated the original proposal had been redesigned to eliminate the car wash and move the service bays to face Ewing St. He indicated that only half of the proposed area would be rezoned and that a commitment would be drawn up on the balance of the property to indicated that it would remain "A" residential, and this property would serve as a buffer to the residential area. George Roberts, attorney for the Mr. & Mrs. Purser, spoke in favor of this zoning. Council Member Niezgodski made a motion to recommend this bill to the Council favorable, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 46 -91 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING CHAPTER 13, ARTICLE V, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND BY ADDING NEW SECTION 13 -75.1 ENTITLED "REAL ESTATE WHICH IS USED FOR THE ILLEGAL USE OR SALES OF NARCOTICS OR CONTROLLED DANGEROUS SUBSTANCES." This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Soderberg indicated the Public Safety Committee had met on this bill and it was being sent to the Council with no recommendation Council Member Luecke made the presentation for the bill. He indicated this bill would be a useful enforcement tool to help neighborhoods gain the peace they desire. He indicated this bill would target landlords who repeatedly rent their properties to drug dealers. He indicated most landlords do a good job of screening perspective tenants and they do not want drug dealers on their property. He indicated when there is evidence of such dealings this bill would assist the landlords by providing evidence and police protection. He indicated that after notification from the City, the landlord would have thirty days to begin the process of eviction with a fine of $50 to $2500 a day for failure to comply. Jeff Jankowski, assistant city attorney, indicated the police would make a thorough investigation, and then the police and the legal department would weigh the evidence and if it was sufficient they would notify the landlord. Barbara Gato, 808 Golden, a representative of the Near Northwest Neighborhood, spoke in favor of the bill. Chief Ronald Marciniak indicated we want drug dealers to move completely