07-22-13 Common Council Meeting Minutes

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REGULAR MEETING JULY 22, 2013 Councilmember Schey: This is a difficult decision, we have heard from both sides, both those in support of Rick’s expansion as well as those that are opposed to it. I would hope that we could all agree that there are both benefits and issues with the proposal that is before us. It is clear from the presentations tonight that Rick’s Mart provides a valuable service for the residents. From the residents who have spoken both for and against it appears that Rick’s Mart is convenient location for neighbors to walk to, to buy food, clothing or daily necessities. In terms, of the product line, I would imagine if there were requests for things such as fresh produce or expanding your offerings at the store, I would hope that you would agree to expand maybe a healthier selection based on the suggestions we heard tonight. Because I understand and agree we certainly want to raise healthy kids to eat healthy food. In terms of the public safety issues that were raised tonight. I did request, I hope that everyone can hear me, I don’t have a microphone, I did request from the police department a report on calls for service at this address over the past three (3) years because obviously we hear things, but until there is a documented record for us to refer to, it’s sometimes hard to know what is fact and what’s perception. Based on the calls for service over the past three years 2010, 2011 and 2012, there has been a drastic decline in the number of calls for service at Rick’s Mart. The calls for service in 2010 and I gave my document to the Council went from 34 calls for service down to 14 calls for service in 2012. Just basing it on numbers it appears that with the increased surveillance and watchful eye it appears that if calls for service have gone done which is a very positive thing. A bigger concern that I would have would be Rick deciding that this is not a good location for his business if the Council denies his request and it becomes a vacant location. That would be a bigger issue in terms of public safety and a gathering spot. So I have to share with you in terms of my decision making process I want you to know that it is a difficult decision I want take into consideration everyone’s point of view but I do have to make a decision and knowing that a vacant location if a business owner is denied an opportunity to run their businesses as they see fit expand and pursue bigger and better things could lead to a vacant location. I will be voting in support of this proposal. Dr. Fred Ferlic: I agree with what Valerie said. I will vote for this proposal. I think what you have here is a bunch of priorities. Everybody has priorities, but when it comes down a cost benefit ratio and the only way any part of South Bend is going to survive if there is private money put into it. Otherwise, if you expect public money to revitalize your neighborhood, government money, we become a Detroit. As you know Detroit this last weekend filed for bankruptcy, which is a very sad situation. I could give you two examples, on S.R. 23 where I am two blocks from where I live we have between five corners and Ironwood we have three gas stations approximately a block, block and half. We have seven restaurants, a tire store, we have a bakery, we have two barber shops, we have all kinds of apartments behind there and the three gas stations all service food same as Rick’s Mart and yet they produce a commerce, they produce dollars for that area. The more people that use that, the happier I am, because it represents a revitalization of that area. The other example is the Eddy Street Commons and the Five Corners Area. Five years ago if you will recall that area was blighted, the most valuable store was the liquor store. Ok, then we got rid of that because people saw that a liquor store could make money so maybe we could make money with other stores so they revitalized that whole area and you cannot do that without private money. So I think that Rick’s got a good plan it’s a successful business plan and when it comes to paraphernalia we have the same thing all over the city. Well it’s up to the City to enforce those laws, if there is a law against that then the City government; you have the right to have your police department, your code department to enforce those laws. Secondly, let’s say they didn’t enforce it; then it’s up to the citizens and I can tell you in my district, they would boycott the place. We would march in front of it if he were selling illegal things and the city didn’t have the courage to enforce their laws, then we would boycott it. We would run them out of business, and that’s what good neighbors do. But I don’t think that is going to be the case here. I went to medical school in New York City and New York City they don’t have giant Martins, Kroger’s or Wal-Mart’s because the land is to valuable, they have thousands of these Rick’s Marts. That’s how it works there and they love it because it brings business and vitality to the region. So I think if you deny this, I think we are headed on the same path as one of our sister cities with bankruptcy in the future. I know you don’t like to say it, but, thank you. Councilmember Oliver Davis: We have to look at the Special Exception Use may be only granted upon making a written determination adopted appropriate findings of fact based upon 6