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REGULAR MEETING JULY 22, 2013 <br /> <br /> <br /> <br /> <br /> <br />Councilmember Henry Davis: I am afraid that we are going to set a pattern of saying no to <br />businesses in this area and for the entire South Bend. There has been talk that we are unfriendly <br />to business for a long time and clearly it’s showing today in some regards, I am not blaming <br />anyone for it, it’s just some things are being looked over. So as a suggestion as way of creating a <br />more harmonious environment for Western Avenue and again I am working with a team of folks <br />and I am extending an invitation to my Council colleagues and we are looking over how the <br />licensing and zoning for these particular lots exist and change it so it fits more of an aesthetically <br />business friendly environment. Hopefully we will be able to get to a level where everyone <br />agrees before this particular piece of legislation would be voted upon. However, it’s a step in the <br />right direction in building and cleaning up the Western Avenue corridor. It’s a positive and I <br />wish it could have been done several years ago, but now is just the time to get it done. So with <br />respect to the business and respect to the investment, with respect to the residents in that area I <br />think this is a very good opportunity for us to chime in on what we want it to look like latter on <br />and what type of businesses that we want to accept in our community. We are looking at signage <br />changes, we are looking at the way the asphalt (parking lots) looks, and we are looking at the <br />total nine. We are looking at the aesthetic total nine. When it gets to that point even being able <br />to operate, fix cars on site and also sell them will be something potentially is something of the <br />past. So I want to give my thumbs up to this particular project because of what is going to <br />happen later on to clean up the area and I hope we all can support this as well. <br /> <br />Councilmember Dr. Fred Ferlic: I support this bill along with Henry, and if Code does their job <br />enforcing it will work. I understand that he sold 400 cars last year, maybe next year he can sell <br />800 and it can look like Ireland Road or Grape Road does, they have beautiful car dealerships on <br />both and they bring a lot of people to the area to do business. <br /> <br />Oliver J. Davis: One of the reasons that I have appreciated this plan is because of the community <br />development and this is an existing business. If this were a new business I would be voting <br />against it. I don’t have a problem with existing businesses trying to expand it depends on the <br />expansion. This does not have any gas stations and is okay with me. <br /> <br />Councilmember White: I had supported a bill a numbers of years back, a car dealership across <br />from the Old Harrison School on Western Avenue, the neighbors had met with the petitioner and <br />the petitioner at that time made a number of promises. If you drive past that business, it is not <br />what they said they were going to do. I believe that this is an enforcement issue and think that <br />there are some things that need to be put in place. When you count the number of car related <br />business along Western Avenue, it is unacceptable to me. I will not be supporting this bill this <br />evening. I believe that there are plans forthcoming with regard to how “we” collectively want to <br />see Western Avenue develop. To continue to support expansions of used car dealerships is <br />unacceptable for me and I will not be supporting this. <br /> <br />Councilmember Henry Davis: With this being a zoning matter, what is the difference between a <br />written agreement and the written law? For example, let’s say I made an agreement like the one <br />over by Harrison School and those things never came to fruition, now because it’s an agreement <br />and not law is it enforceable or not enforceable? <br /> <br />Council Attorney Kathleen Cekanski-Farrand: Indiana State Law gives limited power for the <br />Council to enter into what is called written commitments. Written Commitments are then <br />enforced through the Building Department and the Legal Department. Written Commitments are <br />only as good if they are enforced. <br /> <br />Councilmember Henry Davis: Let’s say there is an ordinance versus an agreement. Which one <br />is stronger the ordinance or the agreement or are they the same? <br /> <br />Council Attorney Kathleen Cekanski-Farrand: They should be of equal importance because <br />when it is approved by the City Council and the Area Plan Commission it is then enforceable by <br />the City Administration. They are equally the same. <br /> <br />Councilmember Henry Davis: They are equally the same. <br /> <br />14 <br /> <br /> <br />