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HomeMy WebLinkAbout07-25-05 Health & Public Safety Health and Public Safer cemmittee 2005 South Bend Common Council The July 25, 2005 meeting of the Health and Public Safety Committee was called'so order at 4:10 p.m. by its Chairperson, Council Member Karen L. White, Meeting Room. Persons in attendance included Council Members Pfeifer, Dieter, Kuspa, Rouse, Kirsits, Puzzello, Kelly, White, and Varner; Mayor Stephen Luecke, Marguerite Taylor, Philip Shots, Molly Whelan, James Phillips,Heidi Phillips, Anne Castello,Rick Carey,Mark Kramer,Phyllis Steele, Dave Waszaik, Sharon Smith, Dave Smith, Diana Williams, Larry Crider, John Brady, Citizen Member Martha Lewis, Assistant City Attorney Ann-Carol Nash, City Attorney Charles Leone, Police Chief Thomas Fautz, Legal Intern Sarah Troyer, Mary Ann Myers, Kathleen Cekanski-Farrand,Council Attorney,and Jeff Parrot of the South Bend Tribune. Council Member White noted that the Committee members include Council Members Rouse, Varner,Kuspa and herself. Council Member White noted that several items have been scheduled for the Committee to review. She announced that the first item was Substitute Bill No. 40-05 which would amend Chapter 13 of the South Bend Municipal Code addressing nuisances and disorderly houses. She suggested that the formal presentation would be limited to 5 minutes, that 10 minutes would be allocated to persons speaking in favor, 10 minutes would be allocated to persons speaking in opposition, and 5 minutes would be reserved for Council comments/questions. Council Member White further noted that the remaining three (3) items listed on number agenda would then be given five (5) minutes each. She stated that in light of large wishing to be in the Informal Meeting Room and the room temperature being very hot that she would recess the meeting and reconvene the committee meeting in the Council Chambers. Council Member Rouse made a motion, seconded by Dr. Varner that the Committee meeting be briefly recessed in order to reconvene in the Council Chambers. The motion passed. Council Member White then called the meeting back to order in the Council Chambers. She called for a presentation on Bill No. 40-05. She asked that all persons wishing to speak to sign their name and address on the sign-in sheet(copies attached). Ann Carol-Nash, Assistant City Attorney with offices on the 14th Floor of the County-City Building made the presentation. She stated that the ordinance which has received several earlier public hearings before this Committee will add to the list of types of prohibited conduct. She and others met last week with the Michiana Income Property Association and representatives of the Notre Dame student body. The ordinance does not target student properties but rather tries to keep peace among all neighborhoods. One of the ochanges a resulting defense. from last week's meeting is that pursuing the eviction process by a landlord 25,2005 Health and Public Safety Committee of the 2005 South Bend Common Council -page 1- Those in the audience in favor of the proposed ordinance were then asked to stand. The City Clerk counted 29 in favor and 12 in opposition. Council Member White than asked if any one from the public wished to speak in favor of the proposed ordinance. Mayor Luecke noted that he has offices on the 14th floor of t this building. ed otat a d that he e support should have received a letter from his wife in pp sees the proposed ordinance as an important toot nuisance properties. He will see that amendment f the existing regulations so that the city may respond ordinance is passed that it is fairly and properly enforced. at large Police Chief Thomas Fautz with offices located at 701 West rtment 1pTax resources are used for disruptive parties are a drain on the South Bend Po lice Department. enforcement and many hours (often 1-3 hours sy Chief Fauftz stated that a a to identify who the responsible persons are for hosting such event good ordinance which will assist in seeing that our neighborhoods are safe and orderly. Marguerite Taylor of 714 East Corby noted that she is also on Northeast tool Neighborhood b hood a necessary and is strongly in favor of the ordinance. She sees this as rY of the neighborhoods. This problem has been ongoing for 30 years and has gotten worse. Phillip Shots of 1027 East Wayne noted that he is part of the Howard Park Neighborhood and is also a landlord. The ordinance is needed for the peace and safety of the neighbors./ small Molly Whelan of 925 Notre Dame Avenue noted that t of this children. The well-being of the neighborhood is dependent on good enforcement ordinance. She stated that they are excited to be back in South Bend and hopes that the City Plan objectives will be carried out. James Phillips of 902 East Washington noted that many Domas properties are in the area. He sees the ordinance as a good tool"to see that kids do the right thing". Heidi Phillips of 902 East Washington noted that the Domas o a prope ie the used to esingle-family residences. She has 11 children and"urged the Council Anne Castello of 120 North Notre Dame recently wrote in ichianPo of of VView theh ere appeared in the South Bend Tribune on this topic. They process historic home and sees student rental issues as being"deeply tragic". Council Member White noted that the time for proponents of the Bill had expired and then called for any one in opposition to come forward. Rick Carey of 107 North St. Louis believes that landlords ordinance,27% m favor, 14%In a recent straw poll it showed that 51%were against was a good idea but that the$2,500 fine was excessive,and 6%were not sure. July 25,2005 Health and Public Safety Committee of the 2005 South Bend Common Council -page 2- Mark Kramer of 812 East LaSalle stated that he is the owner of Domas Properties. He stated that "he has spent millions on these properties", and was speaking on behalf of landlords. He noted that persons may hesitate to invest in neighborhoods d of the eo ordinance hough passed. He sees the ordinance as an undue burden and landlords Steele of 10300 Jefferson Road in Osceola stated that she does not to students. She good neighbor. sees the $2,500 fine as excessive. She is a MIPOA mem ber and tries to be Cooperation not legislation is needed. Dave Waszaik of 806 East Wayne urged the city to pay attention to zoning codes and have Code Enforcement enforce them instead of passing new regulations. Sharon Smith of 529 East Altgeld is a MIPOA member and stated that landlords should not be held responsible for the conduct of its tenants. Dave Smith who gave a PO Box with 66332 as his zip code stated that the Police Department may need more tools and that the drug house ordinance has worked very well. He believes that a different tool should be given. Diana Williams of 532 Ballard in Mishawaka stated that the renters are legal adults and she should not be held responsible for their activities. Larry Crider of 2520 Riviera Drive in Mishawaka stated that"if you do the crime you should do time". John Brady of 1715 East Wayne stated that he was a landlord and real estate agent and sees community service as a better penalty rather than a high fine. Council Member White stated that the time for the opposition had expired and asked if Ms. Nash wished to give a rebuttal. Ms. Nash suggested that a community service option would require more depletion of city services. She noted that the drug house ordinance and the proposed ordinance are similar since both have the opportunity to correct and both would be enforced against owner-occupied homes as well as landlord/rental homes. She noted that loud parties where there is underage drinking is unacceptable behavior. Council Member White then called for comments/questions from the Council. Dr. Varner inquired about the definition of "owner" in light of Mr. Brady's comment on mortgages. He also noted that the Council has received several letters stating that a ticket should be issued first. Ms. Nash stated that the mortgage holder is does not have an equitable interest. and the city would not seek actions against banks. Charles Leone, City Attorney, stated that ownership is based on a deed and not on a land contract. There would be no mechanic lien actions taken against a mortgage holder. July 25,2005 Health and Public Safety Committee of the 2005 South Bend Common Council -page 3- Council Member Piizzello stated that over a year agoils from contacted ng regard in and to problems associated with long, loud parties. She received calls Heights,East Washington,Wooded Estates,University Heights and Turtle Creek. She also had discussions with Commissioner Cindy Bodle and the and mSheriff.inents going on in the out-of-control student parties are impacting the developmletter to ent neighborhoods. The City Attorney's Office acce table behavior to be abat d.nShe noted both the resident and the landlord calling for the p that parties are wonderful things but when outside speakers those are of good na d th s.number of individuals attending become excessive, such actions are that Member Dieter noted that the ordinance is not anti-Notre Dame student200 e there ve he has been on the SB Police Department for thirty(30)years. Since January been 7,762 calls for service for neighborhood related issues. At the current rate there are ten (10) calls for service per day for such actions throughout the city. Problems of this type have been the greatest request to him since he has been nts the Mayor Cand the C�ty/Alto calls are related to rental properties. He thanked the residents, for their efforts. een (18) Council Member Rouse stated that the ordinance has been the Harter for about ea and about months. The primary complaints have been coming proliferate housing discrimination. students. He stated that he believes that the ordinance may p Council Member Rouse stated that there have been problems of this type for at least 50 years. He then asked Ms. Nash to address his concern of the o began to ti enof housing s discrimination, t noting that in 1993 a series of quality of life ordinanc g is no need to rush and that he could not support the ordinance as proposed,however appreciated the comments given by Marguerite Taylor. rd Ms. Nash stated that the city would be responding to�b Office, Code Enforcement and the Poll e to correct unacceptable behavior. The City Attorney s Of Department "would be giving training sessions to encourage property owners to maintain their properties in appropriate atmospheres". Dr.Varner stated that there has been a lot of good discussion,the definitions"ng tat he the consideration absent form t of last Committee meeting. He would like "clearing up issuing citations to tenants. Council Member Kuspa stated that the ordinance should not effect legitimate operations. There have been problems in the 6th District and he believes nhdmentslwhich waere madetl He sees Bas that he is now in favor of it in light of the recent am good overall and needed. Council Member White thanked the Administration,he Council Member ber Puz ordinance to nd ethe neighbors for their input and work on the ordinance supports that residents should be able to get a safe and peaceful rest. She stated that her main concern is one of enforcement and hopes that the City Administration wil enforce it on a regular basis, adding that all quality of life ordinances should be enforced. July 25,2005 Health and Public Safety Committee of the 2005 South Bend Common Council -page 4- Dr. Varner then made a motion, seconded by Council Member Rouse that Substitute Bill No. 40-05 be recommended unfavorably to Council. The vote failed 2-2. Council President Pfeifer then voted in light of the tie vote and voted in opposition to the motion. The motion failed 3-2. Council Member Rouse then made a motion, seconded by Council Member Kuspa that Substitute Bill No. 40-05 be sent to Council without a recommendation. Council Member White then called for a presentation on Operation Safe Neighborhoods geographic areas. Police Chief Fautz and Assistant Chief Rick Kilgore noted that calls for service from 01-01-04 through 12-31-04 were reviewed. The map (copy attached with a larger version being on file with the Office of the City Clerk) reflects the higher concentrations of assaults, car jackings, thefts, etc. The areas indicate where it would be best to have police officers living in the area as part of the program. The Chief stated that crime appears to have been reduced due to police presence in several other areas. In response to a question from Council Member White, Chief Fautz stated that currently twenty (20)police officers are participating in the program. In response to a question from Council President Pfeifer, Chief Fautz stated that there are no major shifts in light of the raw data reviewed. Council Member Dieter noted that four (4) officers have received the financial incentive in the past but would not under the new map under consideration. He inquired if the program is an officer retention program since the number of police officers participating has decreased by 57% since the program's inception in 1994. Council Member Rouse inquired if the program is efficient and whether it is making the neighborhoods safer of the Chief.; and also inquired whether the Chief lives within the city. Chief Fautz stated that he believes that it is assisting in making neighborhoods safer, and that he does not live in the city. Council Member Rouse suggested that the program should be brought up to all new recruits. Dr.Varner inquired whether the bonus of$1,500 is making a positive impact and whether a high bonus was ever considered. Chief Fautz stated that some officers do locate mount city because of the program, and was unaware of any discussion on increasing the dollar Council Member White stated that in light of the other agenda items that the committee would have to move on to the next topic,however that be She thanked Chiecommittee autz fortthe to continue discussion on Operation Safe Neighborhoods. information and proposed map. July 25,2005 Health and Public Safety Committee of the 2005 South Bend Common Council -page 5- Mayor Luecke than addressed the Committee on the College Football Hall of Fame. He stated that they had an excellent meeting of the joint committee, and that Council Member Kelly participated in that meeting. There has been no formal discussion with Arlington, Texas. Discussion on fair reimbursement for services provided by the Century Center have taken place. They are looking at ways the NFF can bring operations to the Hall; the Professional Sports Development Fund; capital needs, etc. Rick Walls is look at greater efficiencies and new funding sources. Council Member White thanked the Mayor for this brief update and then called for a presentation on Bill No. 05-86 under miscellaneous business. Council President Pfeifer noted that she asked the Council Attorney to prepare the resolution for Council consideration so that South Bend would take a leadership role on the time zone issue. If adopted that resolution would be sent to the County Commissioners. Two (2) weeks ago a public forum was held which caught the eye of the Governor. She noted that the federal Department of Transportation must hear from us on this issue. She noted that the Mayor is in favor of Central Time and that the majority of those in attendance at the public forum were also, noting that Council Member Puzzello and Kelly were there. Mark Eagan of the Chamber is also in favor of Central Time. Council Member Rouse stated that it should be forward with dispatch. Council Member Dieter made a motion, seconded by Council Member Kelly that Bill No. 05-86 be recommended favorably to Council. The motion passed. City Clerk John Voorde noted that he recently spoke with Pat McMahon of Project Future and that Central time is better for high tech industries. There being no further business to come before the Committee, Council Member White adjourned the Committee meeting at 5:35 p.m. Respectfully submitted, Council Member Karen L. White,Chairperson Health and Public Safety Committee KCF:kmf Attachments July 25,2005 Health and Public Safety Committee of the 2005 South Bend Common Council -page 6-