HomeMy WebLinkAbout09-27-06 Community & Economic DevelopmentCommunity and Economic Development Committee
2006 South Bend Common Council
The September 27, 2006 meeting of the Community and Economic Development
Committee of the South Bend Common Council was called to order by its Chairperson,
Council Member Roland Kelly at 5;04 p.m., in the Council's Informal Meeting Room.
Persons in attendance included Council Members Pfeifer, Kelly, Varner, Kuspa, Kirsits,
White and Puzzello, Mayor Stephen J. Luecke, Sharon Kendall, Executive Director of
the Department of Community and Economic Devebpment; Beth Leonard, Director of
Financial & Program Management; Judy Rasheck, John Sellers, Pam Meyer, Director of
the Division of Community Development, Jamie Loo of the South Bend Tribune, ,and
Kathleen Cekanski-Farrand, Council Attorney.
Council Member Kelly noted that the meeting was called to receive information on the
proposed Block Grant Allocations. The Committee received atwo-page handout
entitled "HCD Applications for Program Year 2007" (copy attached}.
Beth Leonard, Director of Financial & Program Management, made the presentation.
She noted that the public comment period will last until noon on October 30t" with public
hearings scheduled for October 12, 2006 at 2:30 pm at the Mishawaka City Hall and at
5:30 pm that date at the Public Library.
Ms. Leonard stated that the line-items listed have the following codes:
• YELLOW represent planning and administration items which have a
cap of $639, 000
• GREEN represent public services and have a cap of $550,000
• BLUE represent "everything else" with NO cap
• ORANGE represent emergency shelter services
• PURPLE represent HOME which serves South Bend, Mishawaka and
St. Joseph County
Council Member Puzzello voiced concern with regard to South Bend Heritage and the
Southeast Neighborhood projects, however Ms. Leonard noted that they did not request
any HOME funding. 30% of the new units in the Triangle Area will be lowlmoderate
income.
In response to a question from Dr. Varner, Mayor Luecke stated that completion of SR
23 is anticipated when reviewing the proposals.
In response to questions from Council Member Kuspa, Ms. Leonard stated that each
agency who received funding are subject to a contract which includes written goals with
their claims for reimbursement being carefully reviewed before payment is made.
September 27, 200 Community and Economic Development Committee
Page 2
Council Member Kirsits voiced concern over "planned obsolescence" and was advised
that all sub-grantees are sent design guidelines, It was noted in response to a question
from Council Member Kirsits that Healthy Communities and Ark Angels sent their
applications in late.
Council Member Pfeifer voiced concern about funding for the Food Bank, noting that
they ran out of food last year and that there are still people who need food.
Ms. Leonard noted that the monies for this year were for additional repairs to their
building and that they are currently being assisted. She stated that if the Council wants
to fund them that cuts would have to be made somewhere else.
Dr. Varner noted that reducing funding on a routine basis he sees as beneficial, so that
there is not too much dependence on the funding and so that other agencies may have
the opportunity to participate.
It was noted that there is a formula in the distribution of HOME funds, with the Board
being composed of two (2) appointments by each Mayor and two (2) appointments by
the Board of Commissioners.
Beth Leonard then provided a blue notebook containing the IRS FDRM 990's for each
not-for-profit agency proposed to receive funding.
It was noted that the DTSB line-item would be proceeds from the Baers parking lot, with
the Mayor noting that this is a result of federal funds being used.
Ms. Leonard stated that the ordinance will be filed so that the Council may have a public
hearing on it at their November 13t" Common Council meeting.
Council Member Pfeifer commended Mayor Luecke for his presentation earlier today at
IU South Bend.
There being no further business to come before the Committee, Council Member Kelly
adjourned the meeting at 5:33 p.m.
Respectfully submitted,
Counci a nd ~ '~ erson
Community and EconomiDevelopm t Committee
Attachment
Health and Public Safety Committee
2006 South Bend Common Council
The September 27, 2006 meeting of the Health and Public Safety Committee of
the South Bend Common Council was called to order by its Chairperson, Council
Member Karen L. White at 4:03 p.m., in the Council's Informal Meeting Room.
Persons in attendance included Council Members Pfeifer, Kelly, Varner, Kuspa,
Kirsits, Rouse, White and Puzzello; Assistant City Attorney Ann-Carol Nash,
Police Chief Thomas Fautz, Captain Wanda Shock, Jamie Loo of the South
Bend Tribune, Lizzi Shappell, Bill Andrickik, Josph Paquesi, Liz Kozlow, Krystal
Hardy, members of the new media, and Kathleen Cekanski-Farrand, Council
Attorney.
Council Member White noted tha# the Committee Members include Council
Members Varner, Kuspa, Puzzello, and herself as Chairperson.
Council Member White welcomed the student leaders from the University of
Notre Dame to the Committee meeting. She noted that she had met with their
Student Body President and their Community Relations Committee Chairperson
approximately one (1) month ago to discuss their concerns regarding the City's
Disorderly House Ordinance which is codified in the South Bend Municipal Code
at § 13.7'5.5. She stated that there were several handouts which included aone-
page agenda, the Committee's "Safety First When Having Fun in South Bend"
brochure, the Legal Department's brochure entitled "Disorderly House
Ordinance: What You Need to Know", and the Council Attorney"s multi-page
memorandum dated September 26, 2006 (copies attached}.
Council Member White then called upon the Council Attorney to give the
legislative history on the Disorderly House ordinance,
The Council Attorney highlighted key portions of her memorandum noting that
the Council passed Ordinance No. 9602-05 on July 25, 2005 by a vote of 8-1. It
was proposed by Police Chief Thomas Fautz, the Legal Department and the
Code Enforcement Department and went through a series of public hearings
before the Health and Public Safety Committee, before being enacted by the
Common Council.
Assistant City Attorney Ann-Carol Nash then reviewed the day-to-day
enforcement procedures of the ordinance. She Hated that it is similar to the drug
house ordinance, which has been in effect since the early 1990's. If Code
Enforcement documents that illegal activity has taken place at a location, the
matter is referred to the Legal Department. Notice to abate is then sent to the
property owner of record, which acts as notice of the illegal activity. If there is a
repeat violation at that location, then the property owner could face legal action
with violations including a fine of up to $2,500 for each day of violation. She sees
the ordinance as a good tool, Hating that the City typically has not taken action
Health and Public Safety Committee Meeting of September 27, 2006
Page 2
after the initial notice has been sent. If the landlord has no other way to assure
that the illegal activity will not be repeated then eviction may take place. She
noted that the ordinance is enforced city-wide. She noted that 91-pages of
"notice to abate" letters have been sent out, with most being unrelated to student
activity and adding that most relate to trash (copies attached). There is no
documented repeat activity in the Legal Department involving student housing. A
total of eighty-seven {87) letters to abate were sent in 2005, with only 6-7 of
those involving student rentals.
Police Chief Thomas Fautz stated that he believes that the ordinance is working.
There is a drain on police services when illegal activities take place. The
Midnight Detail cooperate with students and landlords while using discretion.
When individuals become disrespectful and uncooperative resulting in non-
compliance, citations are issued. He noted that he is pleased overall with the
response from the students and his officers.
Notre Dame Student Body President Lizzi Shappell then introduced Bill
Andrichik, Student Body Vice-President; Community Relations Committee
Chairperson Josh Pasquesi, Judicial Council Chairperson Liz Kozlow, and
Northeast Neighborhood Council Student Representative Krystal Hardy to the
Committee,
Krystal Hardy stated that she is the Northeast Neighborhood Council Student
Representative, and lives at 507 Napoleon. They have been instrumental in
initiatives to remedy negative interactions, and are committed to working with the
City of South Bend, They aim to: 1. be a good neighbor and invest in the
community; and 2. continue to review the ordinance regarding student concerns.
Student Body Vice-President; Community Relations Committee Chairperson
Josh Pasquesi of 823 Notre Dame Avenue noted that he participated in the
"Explore South Bend Tour"; that there was a 2nd Qff-Campus housing event; and
that soon an off'-campus legal seminar will take place. They wish to build
partnerships as evidenced by their meetings with members of the South Bend
Police Department, the Legal Department and the Common Council.
Judicial Council Chairperson Liz Kozlow of 2313 Coachmans Trail voiced
concern regarding ¶ {f) which addresses "eviction proceedings as a defense"
and ¶ (e) which addresses fines of $250 to $2,5000 and injunctive relief.
Bill Andrichik, Student Body Vice-President noted that he lives on campus at
Stanford Hall. He noted the despite the "spirit to abate", landlords like Turtle
Creek Apartments evict after the first violation; whereas Kramer Properties do
not.
Health and Public Safety Committee Meeting of September 27, 2006
Page 3
Notre Dame Student Body President Lizzi Shappell of 1864 Irish Way noted that
she and Josh met with Council Member White approximately a month ago to
discuss their concerns. She requested that the Council consider removing ¶ (f),
noting that she and the other student leaders do not condone illegal behavior.
The students "da not believe that the punishment meets the crime". They wish to
continue to improve relationships between Notre Dame and the City of South
Bend.
Captain Wanda Shock stated that the ordinance ensures a basic standard of
behavior which is directly related to quality of life issues. Peace, safety and
comfort are the very heart of the ordinance. The City is not targeting students;
and many many meetings have taken place. There is a difference between a
small party which is under control and a party which has over 3QQ students which
affects the neighborhood. She has talked with many students and many
landlords. The ordinance is a necessary tool, especially when "individuals are
acting outrageously".
The Assistant City Attorney noted that ¶ (f) was added at the request of the
landlords, and some Council Members so that landlords would have a defense.
The Legal Department's protocol is not to file a lawsuit unless there is a repeat
violation. ¶ (e) permits the Court to take notice of behavior which is modified and
would be able to take such action into consideration.
Captain Shock then summarized an incident involving a Notre Dame student who
had passed out in the lobby afi the Marriot in downtown South Bend last
Saturday. The student had been at a party in the 8QD block of East Washington.
She noted that he would have had to cross a bridge aver the St. Joseph River,
and obviously had fallen multiple times based on his physical condition. She
later talked with residents on East Washington and believes that students must
work with each other in light of the many dangers involved with such behavior.
She stressed that such problems must be addressed before a student dies.
Council Member Puzzello noted that she worked last year on this ordinance and
attended the University's Council Meeting with the Assistant City Attorney. She
stated that she is very concerned with the quality of life issues and represents the
area just south and east of the University. She stated that "she has never met a
sober student she did not like"; however she sees drunk students as being
belligerent and difficult to deal with, which cause many residents to be fearful of
them. She added that she read a recent article in the Observer which quoted a
student who lives on St. Peter Street. The student was quoted as saying that
"parties go on mast nights, and many have kegs". She is especially in favor of
the ordinance and out-of-control parties bring about bad situations. She stated
Health and Public Safety Committee Meeting of September 27, 2006
Page 4
that she will wank hard for students who live in her District and asked them for
their help in making this area of the city safe for all residents and visitors.
Council Member Kelly stated that the Council was "preaching to the choir", noting
that he was very impressed with the students presentations. Problems continue
to exist, and too many students party so hard that they never see the game.
Notre Dame Student Body President Lizzi Shappell stated that she agrees with
many of the comments made today, and stressed that they are not condoning
underage drinking or unruly behavior.
In response to questions from the Council Attorney, Bill Andrichik, Student Body
Vice-President stated that he is a Resident Assistant (RA) in Stanford who
enforces the rules in the dorm. Such programs as "Pillars" and "Flip-Side"
provide positive outlets for socializing; noting that 35% of the freshman students
who enter Notre Dame have never had an alcoholic beverage. He stated that the
University banned hard-liquor on campus several years ago. As an RA they use
a "peer approach" and review "high risk drinking situations" with students so that
they have responsible outlets and alternatives.
Notre Dame Student Body President Lizzi Shappell added that they participate in
activities during the "Alcohol Abuse Awareness Week" and that the University
has an Office on Alcohol and Drug Education, with Pillars being the largest one
in the United States.
Dr. Varner thanked the students for coming and sharing their thoughts and
opinions; and thanked the members of the South Bend Police Department for all
of their efforts. He suggested that the student leaders approach Turtle Creek
Apartment management and present a similar presentation to them, He found
today's discussion very informative,
Council Member AI "Buddy" Kirsits thanked the students for taking the time to
share their concerns with the Council. He stated that "they are doing what they
were elected to do". He believes that the ordinance is working, noting that since
the 1970's there have been slum landlords with which the City has had to deal.
He noted that he was a Battalion Chief an the South Bend Fire Department and
that there is a contract with the University to provide services on home football
games. Many paramedics desire not to work such weekends because of the
drunk students which range any where from "the belligerent drunk to the happy
drunk'". He suggested that students who are taken to the emergency room on
home football weekends should be required to come back on the next weekend
to see how serious the alcohol problems are.
Health and Public Safety Committee Meeting of September 27, 2006
Page 5
Council Member Pfeifer stated that "she cannot get the Notre Dame student who
died as a result of drinking out of her mind". She stated that "it makes her ill" and
that she feels bad for all. She suggested that students be pro_active and patrol
those areas which are known for partying.
The Council Attorney noting that many Big Ten Universities are using the "Party
Smart" program which has University officials and students present after home
games around campus; noting that the program has been positively received and
effective.
Council Member White thanked the student leaders for coming to today's
Committee meeting. She thanked them for their pro-active activities with the City
of South Bend, and suggested that they meet with the Committee again in three
(3} months.
There being no further business to come before the Committee, Council Member
White adjourned the meeting at 5:01 p.m.
Respectfully submitted,
~- _w.
Council Member Karen L. White, Chairperson
Health and Public Safety Committee
Attachments