HomeMy WebLinkAbout08-15-12 Joint Meeting Residential Neighborhoods & Zoning and Annexation Committee •
Joint Meeting of the Residential Neighborhoods Committee&
Zoning and Annexation Committee
2005 South Bend Common Council
The August 15, 2005 Joint Meeting of the Residential Neighborhoods Committee and the Zoning
and Annexation Committee was called to order by the Chairperson of the Residential
Neighborhoods Committee, Council Member Timothy Rouse at 5:45 p.m. in the Council
Informal Meeting Room.
Persons in attendance included Council Members Pfeifer,Kelly Pnzzello, Varner,Kuspa,Kirsits,
Rouse and White; Citizen Member Martha Lewis, Assistant City Attorney Ann-Carol Nash,
Attorney Kent Hull, unidentified members of the public and Kathy Cekanski-Farrand, Council
Attorney.
Council Member Rouse welcomed everyone to this organizational session of the joint
committees. He noted that he chairs the Residential Neighborhoods Committee and that Council
Member Kuspa chairs the Zoning and Annexation Committee. The other Committee members
include Council Members Dieter,White and Kirsits.
Council Member Rouse stated that he and Council Member Kuspa decided it was important to
meet so that there was a clear understanding of the charge before them. He then provided two
(2) handouts, namely a packet of information beginning with a memorandum dated July 19,
2005 from the Council Attorney and the 2nd packet beginning with a letter to Council Member
Rouse from Noreen Deane Moran, President of the New West Side Neighborhood Organization
(copies attached).
Council Member Rouse noted that on two (2) different occasions under the "Privilege of the
Floor"portion of a regular Common Council meeting persons addressed the Council on the issue
of the Catholic Worker of Michiana. After the first occasions, the Council President assigned
the matter to the Residential Neighborhoods Committee. At the last Common Council meeting,
again residents spoke under"Privilege of the Floor" on this topic and the Council President then
asked the Zoning and Annexation Committee to work with the Residential Neighborhoods
Committee.
Council Member Rouse noted that it is his understanding that at least one of the properties in
question is zoned SF1 and therefore there would be zoning violations occurring.
Council Member Rouse stated that he has been in contact with Kent Hull the attorney and Board
Member of Catholic Worker of Michiana. He stated that many of their principals are not in the
city today and therefore would not be in attendance at the joint committee meeting.
Council Member Rouse noted that prior to the death of Assistant City Attorney John Livingston
the Council Attorney was working with him on this project, as indicated in the one (1) packet of
information. He then asked the Council Attorney for more information.
Joint Committee Meeting of the Residential Neighborhoods&Zoning and Annexation Committees August 15,2005 -Page 1-
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The Council Attorney noted that it was her understanding that a filing was to take place this
Wednesday on the various zoning matters involving properties being used by the Catholic
Worker of Michiana.
Council Member White inquired what would happen if nothing is filed. She voiced concern if
there are violations going on and the lack of enforcement of city ordinances.
Council Member Rouse stated that he is seeking to give the opportunity to be heard. He noted
that the Council does not enforce ordinances and that role is that of the Administration; noting
that he and the Council expect the Code to be enforced. It appears that there are violations. The
City Attorney's Office has elected not to take any legal action at this time and no citations are
being issued which would result in daily fines, pending the upcoming filing.
Dr. Varner stated that it appears that a legal opinion is needed as to the legal status of the
Catholic Worker of Michiana and whether they are exempt from any of the zoning, health and
safety regulations.
Council Member Kirsits noted that he believes that some of the properties in question may be
zoning SF 2 rather than SF1, and that an Executive Session may be in order if legal action is
involved.
Council Member Kelly stated that the Council must move forward.
The Council Attorney suggested that the following action be taken:
1. That she contact the Area Plan Staff and have them verify the zoning for each of the
properties brought to the attention of the Council by the concerned residents;
2. That she contact City Attorney Charles Leone to find out who this matter has been
assigned to in light of the death of Assistant City Attorney John Livingston; and
3. That if a filing with the City Clerk's Office does not take place, that an Executive
Session be pursued.
Council Member Rouse thanked everyone for coming and then adjourned the Joint Committee
meeting at 6:10 p.m.
Respectfully s braid,
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Council Me Timothy Rouse, Chairperson
Residential Neighborhoods Committee
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Council Member Ervin Kuspa, Chairperson
Zoning and Annexation Committee
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Attachments
Joint Committee Meeting of the Residential Neighborhoods&Zoning and Annexation Committees August 15,2005 -Page 2-