Loading...
HomeMy WebLinkAbout06-13-05 Zoning & Annexation • toning and Annexation Committee 2005 South Bend Common Council The June 13, 2005 meeting of the Zoning and Annexation Committee was called to order by its Chairperson, Council Member Ervin Kuspa at 3:47 p.m. in the Council Informal Meeting Room. Persons in attendance included Council Members Dieter, Pfeifer, Puzzello, Kelly, Varner, Kuspa, White and Rouse; Citizen Member Martha Lewis, Brad Poulan, P. J. Thuringer, Andrew Nemeth, Building Commissioner Don Fozo, Peter Mullen, Assistant City Attorney Aladean DeRose, Michael J. Baxter, Margaret Pfeil, City Clerk John Voorde and Kathleen Cekanski-Farrand, Council Attorney. Council Member Kuspa noted that the Committee consists of Council Members Rouse, Dieter and himself. He further noted that Council Member Al "Buddy" Kirsits is also a committee member but was on vacation in Minnesota. Council Member Kuspa reminded any one wishes to address the committee to state their name and address for the record. Council Member Kuspa noted that he has received a letter dated June 13, 2005 requesting that Bill No. 04-81 and Bill No. 28-04 be continued until July 11, 2005. Council Member Rouse made a motion, seconded by Council Member Dieter that Bill Nos. 04-81 and 28-04 be continued until July 11,2005 at the request of the petitioner. The motion passed. Council Member Kuspa then called for a report on Bill No. 05-66 which would approve a petition of the South Bend Board of Zoning Appeals for the property located at 744 South Main Street in South Bend. Building Commissioner Don Fozo reported that the Board of Zoning Appeals met and held a public hearing on May 19, 2005. The petition was filed by Andrew J. Nemeth,Pete Mullen and the Catholic Worker of Michiana. They are seeking a special exception which would allow food distribution in"Li"Light Industrial at the property located at 744 South Main Street. He stated that the Board of Zoning Appeals is sending the request to the Council with a unanimous 4-0 favorable recommendation. Andrew J. Nemeth with offices located at 922 West Jefferson Boulevard, South Bend, Indiana 46617 made the presentation on the Bill. He provided a 2-page handout addressing the " Catholic Worker Drop-In Center" (copy attached). He then highlighted the "talking points" noting among other things that they would be operating during day hours only. They hope to be similar to the services provided by St. Margaret House. They envision the location as a "networking place". He noted that the special exception is necessary so that food could be provided. Pete Mullen,the landlord for the location spoke in favor of the special exception. In response to a question from Council Member Kuspa, Mr. Nemeth stated that representatives from the Homeless Shelter and Hope Rescue Mission will be present this evening to speak in June 13,2005 Zoning and Annexation Committee of the 2005 South Bend Common Council -page 1- • favor of this request. Both see the Catholic Worker Drop-In Center as complimentary to their operations. He noted that there were remonstrators at the BZA meeting however he believes that all of their concerns have been addressed. He added that there would not be any overnights initially at this location. He stated that he sees this project as a "win/win" and that the City of South Bend would not have any financial role in this operation. Council President Pfeifer voiced concern about the Catholic Workers operations on West Washington Street. She stated that she believes that they are operating illegally there, and as a result are disrespecting the neighborhood. She stated that up to 50 people have been in the yard, and cited vagrancy problems. She further stated that she does not see the Catholic Workers as taking responsibility of their clients. Council Member Pfeifer stated that she does not trust what the Catholic Workers say. Mr. Nemeth stated that the Main Street location would not have a residential component. Council President Pfeifer requested that that be put in writing. Council Member Rouse inquired whether they are planning to close the West Washington operations. He also inquired about taking responsibility for their clientele. Mr. Nemeth stated that the Catholic Worker of Michiana have been working with the City Administration to address all concerns regarding their operations on West Washington. They are working on eliminating any problems at those locations. Council President Pfeifer noted that they were in the 4th District and she understands that it was poorly run. Michael J. Baxter of the Catholic Worker of Michiana have welcomed persons to his home at 1126 West Washington where they can shower and do laundry during the day. He stated that in response to a neighborhood meeting they have cut the amount of people permitted by one-half which should alleviate the difficulties. He noted that representatives from the Homeless Shelter will be here tonight to address the Council in favor of this special exception. Council Member Kelly inquired whether the petitioners would be willing to put something in writing that they agree to run the Main Street operation in a professional manner. Mr. Baxter stated that they are serving a very diverse individuals who are homeless. They are helping to facilitate them by plugging them into social agency services. Their operations are informal by nature. Dr. Varner inquired about the hours of operation, to which Mr. Baxter stated that they do not have stated hours. He noted that they operate during the day, and have patterned their operation after one operating in Phoenix, Arizona. He stressed that personal contact with such individuals helps alot. Mr. Nemeth added that opaque fencing would also be installed if the request is granted. Council Member Rouse inquired whether this operation fits into the plan for the downtown. June 13,2005 Zoning and Annexation Committee of the 2005 South Bend Common Council -page 2- Mr. Nemeth noted that Hope Rescue and the Homeless Shelter are rejecting these persons. Sharon Kendall noted that she just recently heard of this request. She stated that the downtown is a mix of urban, residential and retail; and noting that such an operation could present issues. Mr. Mullen stated that the building is current vacant. Council Member Pn7zello stated that the individuals are now in the downtown and going into restaurants. She stated that she sees the need for such services. Mr. Baxter noted that their would be volunteers at the Main Street Drop-In Center. Margaret Pfeil of 1126 West Washington stated that she is a Catholic Worker. Their operation is grounded in personalism, noting that persons grow stronger when they know people. She stated that their services are predicated on relationality and that they hope to disarm violence. Dr. Varner noted that there are many good services serving the needs in the former Ries building and at the Homeless Shelter and Hope Rescue Mission. If the operation is to be a drop-in center would such a facility make it too easy to take advantage of the system. Are there any assurances that they will not be in the downtown? Mr. Baxter stated that at any one time there may be 30-40 people. They are not a social service and would not be attracting persons from out of town. Following discussion, Council Member Rouse made a motion, seconded by Council Member Deiter that Bill No. 05-66 be sent to the Council without recommendation. The motion passed. Council Member White asked what it would take to address the concerns raised. Council President Pfeifer voiced concern about the people who are running it since they do not take responsibility for the people they serve. She stated that she wants the West Washington operations closed. She added that they do not respect what neighbors want and operate in violation of the city's zoning laws. Council Member Puzzello stated that she would like more information on the alleged illegal operations on West Washington which apparently have been running for over a year. Mr. Baxter stated that they got an earful when they went to the neighborhood meeting. They have cut back on the numbers at West Washington and are working with the City Administration. Council Member White stated that she would like clarity from the Legal Department on what has been done with regard to West Washington, since she sees them as separate projects. She stated that it appears that the legal issues are unresolved. Aladean DeRose, Chief Assistant City Attorney stated that Ann Carol Nash is out of town until June 20,2005. John Livingston is taking over for her. June 13,2005 Zoning and Annexation Committee of the 2005 South Bend Common Council -page 3- Council Member Kuspa believes that the continuance is proper in light of the questions raised. Pete Mullen stated that if the project is continued this evening that he would have to pull out of the projects as its landlord. He stated that he believes that the services are needed in our community, speaking from the business perspective. He stated that he wants to help out as much as possible but that he must move forward. He noted that Margaret and Michael are Notre Dame professors. Council President Pfeifer stated that she cannot separate the projects since they are being run by the same people. The Council Attorney suggested that Ms. DeRose check to see if Mr. Livingston could be present for this evening's meeting in light of the questions raised by the Council. There was no miscellaneous business. Council Member Kuspa then adjourned the meeting at 4:35p.m. Respectfully submitted, Council Member Ervin Kuspa, Chairperson P� rP Zoning and Annexation Committee KCF:kmf Attachments June 13,2005 Zoning and Annexation Committee of the 2005 South Bend Common Council -page 4-