07-08-13 Common Council Meeting Minutes

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REGULAR MEETING JULY 8, 2013 in terms of whichever way we are going on this is not good. When you showed your address you thth live in the 6 District because right across the street is the 6 District some showed their address nd and right across is the 2 District because we service the same operation right there, so he has people who are definitely against it and people who are definitely for it, and Mr. Divita, Mikes here and Ms. Roos is here I true was hoping that we could come to some understanding which the administration was helping us out with this one. Because this is not an interesting, this is a tuff case, as Mr. Danch you talked about today, we shared that today, and that is what I wanted to share that I still have a few more minutes before we make our final decision because this is where my head is that I couldn’t come in here and recognize what the neighborhood group wants me to do. Personally I also wanted to hear you all, and as much as I respect the neighborhood group tonight, and you all showed up here tonight, I applaud you all because you have a stronger case tonight than you had last time. Mr. Zappia I want to thank you for making some of the adjustment that we asked for last year. I thought I am glad to see that you have made all the adjustments that have been asked and that is very important to me. I’m going to take the last few seconds I have to think and be quite and see what my other colleges have to say. Councilmember Gavin Ferlic: This is tough, but I certainly want to support this investment. I have some reservations because of the neighborhoods concerns. From when you first presented it you did not garner support from the neighborhood organizations. I was also disappointed with the fact that the store has been sighted for code violations. I want to urge you that if this doesn’t pass to continue working with neighbors so that you might be able to invest. Councilmember Derek Dieter: Regarding a commitment that is not fulfilled what the ramifications would be. Councilmember White asked Councilmember Dieter who he would like that question directed to. Councilmember Dieter regarding the things that I asked about and then again that’s one of the issue that the Council people ask as a Council there are certain things that we can view and I don’t know who to lay the blame on and with the administration they did not do their work and it is our responsibility to do our work and get them done. So my question is regarding how many of these commitments if let’s say the commitment on the paraphernalia, roach clips, rolling papers, someone goes in and finds that what happens to the store? If someone could answer that question? If they get shut down because of that does it constitute a fine, because if we are going to make these commitments and they need to be set in stone, and I don’t want and I trust Mr. Danch in this case, Ricky, but if we make these commitments and they get caught selling, do we shut them down, do we lock the door, what do we do? Christa Nayder, Area Plan Commission, to be honest the Plan Commission we heard those similar commitments those first five that they, Mr. Zappia originally read off today. The Plan Commission heard those as well, as chose not to make that part of the petition. The Plan Commission I don’t think has any enforcement details it would be the City or with you. Councilmember Dieter: How about it we ask and I don’t mean to put her on the spot, but our City Attorney, I mean Corporate Attorney, Corporate Counsel. I am just trying to get into these and we vote and it passes and they don’t adhere to that what happens? Kathleen Cekanski-Farrand: I will give a preliminary recommendation subject to the Corporate Counsel. The first written commitments that Mr. Zappia and Mr. Danch had proposed specifically set forth on page 2 that they are enforced by the City of South Bend #1, #2 by the Council and #3 by owner’s within a 300’ radius. My interpretation that the law department would be the first department and I would not speak on behalf of the law department but that is how I would interpret it, if there is a violation. Councilmember Dieter: So if it is interpreted, what’s the outcome of that interpretation? th Crystal Briscoe, Corporation Counsel, 12 Floor County-City Building, I would have to look into it and see what our remedy would be. I would have to review the document to see if we do have a built in remedy. If this is an open amendment we would certainly want to put that in 9