HomeMy WebLinkAbout02-25-91 Residential Neighborhoods Q timmtttrr iixport
r
RESIDENTIAL NEIGHBORHOODS COMMITTEE
!io the tlomnton (Contrail of tile catty of Omni, end:
The February 25, 1991 meeting of the Residential
Neighborhoods Committee was called to order by its
Chairperson, Council Member Loretta Duda at 4: 18 p.m. in the
Council Informal Meeting Room.
Persons in attendance included Council Members Zakrzewski,
Coleman, Duda, Luecke, Niezgodski, Soderberg, Puzzello,
Slavinskas, and Ladewski; Gladys Muhammed, Bernard Feeney,
Jenny Pitts-Manier, Phil Corbet, David Norris, Don Porter,
and Kathleen Cekanski-Farrand.
Council Member Duda noted that the purpose of the meeting
was to discuss Resolution No. 91-14, which would urge the
Indiana Alcoholic Beverage Commission to reconsider its
policy regarding the sale of alcoholic beverages at the same
location where motor vehicle fuel is sold.
The sponsor of the Resolution, Council Member Lee
Slavinskas, stated that he is aware of at least two local
s Alcoholic Beverage Board decisions which have recently been
appealed and reversed by the State Alcoholic Beverage
Y3-,,,- Commission. He noted that the local ,Board's policy is at
least twelve years old, and prohibits '"the sale of alcoholic
' beverages at the same location where motor vehicle fuel is
sold. He stated that he believes that "Home Rule" applies,
and that the local Board has been fair and consistent in its
policy. He also noted that there are collateral issues,
namely; that a confusing message is provided when such
beverages are sold at gasoline stations, and that it is
indeed the wrong message. He also stated that he fears a
"snowball effect" with how many more decisions of this kind
would take place.
Council Member Ladewski questioned what the reason was for
overturning the local decisions. Council President
Niezgodski stated that the head of the State Commission is a
woman and that he is unaware of any specific reasons given
for the reversals.
Council Member Puzzello voiced concern in light of a similar
request for a location on South Bend Avenue.
>; Council Member Coleman questioned where the two businesses
are located, and was advised that they are at the corner of
Kern and 31, and somewhere in Mishawaka.
Council Memeber Coleman voiced concern with regard to
policies effecting large companies versus small proprietors.
He stated that a strong message should be sent to the State
that we intend to exercise strong "home rule" authority in
t
y
Page 2
Residential Neighborhoods Committee
February 25, 1991
this area. He offered to deliver this message directly to
the State Legislature.
Gladys Muhammed, a private citizen and a member of the
United Community Against Alcohol and Drug Abuse, voiced
strong support for Council Member Slavinskas's Resolution.
She stated that this is a definite public safety concern and
that she would be happy to organize local support.
Mr. Phil Corbet, a Pastor at St. Augustine's and a member of
the United Community Against Alcohol and Drug Abuse, also
spoke in favor of Council Member Slavinskas's Resolution. He
stated that although the battle often becomes free
enterprise versus control, that in an instance like this,
control is necessary.
Council Member Luecke questioned the Council Attorney as to
whether the City had the ability to regulate businesses of
this type through the zoning process. The Council Attorney
stated that this could be a viable avenue similar to the
controlled use legislation. Council Member Luecke encouraged
the Council through the Zoning and Vacation Committee, to
pursue this alternative.
Council Member Soderberg questioned who appoints members to
the Alcoholic Beverage Commission. The Council Attorney
noted that it is set forth by State statute, but that she
and Mrs. Manier were uncertain as to the exact appointment
process. Council Member Soderberg also stated that he
believes that moral issues are involved, and that this and
the open container issue should be fully supported by the
City in light of overriding public safety concerns.
Following further discussion, Council Member Soderberg made
a motion seconded by Council Member Ladewski to recommend
Resolution No. 91-14 favorably to Council. The motion
passed.
There being no further business to come before the
Committee, the meeting was adjourned at 4: 38 p.m.
Respectfully Submitted,
Council Member Loretta Duda, Chairperson
Residential Neighborhoods Committee
37i