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HomeMy WebLinkAbout11-26-01 Health & Public Safety and residential Neighborhoods • Qtommittt port: joint Qommitt*t Outing of tbz Ixa id) & 1Publit *day (tommitte tiit Usitftutial 72,00,orboo4z (tommitt The November 26, 2001 joint committee meeting of the Health &Public Safety Committee and the Residential Neighborhoods Committee was called to order by Health&Public Safety Chairperson Andrew Ujdak at 4:25 pm in the Council Informal Meeting Room. Persons in attendance included Council Members: Kelly, Varner, King, Aranowski, Coleman, Pfeifer,Ujdak, Kirsits and White; Mayor Stephen Luecke, Citizen Members Khadijah Muhammad and Isabel Gonzalez,Assistant Fire Chief Richard Switalski,Battalion Chief James Lopez, Bureau of Water Works Director John Stancati, Margaret King, Frank Linerallo, Brian Hedman, Chip Lewis, Dennis Andres, Greg Ayres, John Baxter, Robert Hunt, Ken Wise, Eunice Miller, Charlotte Huddleston, Terry Bland of the *OW) 1ta Zribunt, and Kathleen Cekanski- Farrand, Council Attorney. Council Member Ujdak noted that the first item on the agenda was to review Substitute Bill No. 108-01 which would amend Chapter 13 of the South Bend Municipal Code by the addition of new Article 2 entitled"Panhandling and Solicitation Regulations". Council Member King made the presentation. He noted that he and Council President Pfeifer have co-sponsored the Bill which is in response to the many complaints and growing concern over their sense of security when in the downtown area. He noted that both he and Council President Pfeifer are part of the South Bend Downtown Development Partnership and that much discussion has taken place about the central business area and the entertainment areas. Council Member King noted that over$436 million has been invested in the downtown as detailed in report's prepared by Jon Hunt's Department of Community and Economic Development (copy attached). Council Member King further noted that there are many programs and activities in these areas such as the Ethnic Festival, the South Bend Civic Theater, the concerts in Seitz Park and many outdoor conventions;and that plans are currently under discussion for a new entertainment center where the Avon Theater once was located. Downtown South Bend has become the regional center for St. Joseph County and therefore the need for a viable revitalize downtown is paramount. Council Member King stressed that the ordinance would be a tool in order to provide residents and visitors with an environment with real and perceived safety when engaged in business, cultural, arts and entertainment activities in the area to be known as the"Central Business and Entertainment Area Boundary". People cannot be scared to come to this area of our city because of aggressive solicitation of people at intersections, at ATM's and on public ways. The secondary negative effects of such aggressive behavior must be addressed in order to provide a safe and pleasant environment in high investment areas of the City. Council Member King noted that Professor James Wilson is perhaps best known for the "broken windows" theory which he developed in 1982. He quoted from an article which stressed that an entire community can be threatened if the broken windows go untouched. Council Member King stated that it is time to fix the broken windows so that a safe and secure downtown area is provided to residents and visitors alike to these areas. Council Member King provided several handouts which included a 4-page "South Bend Central Development Area 1980-2001 Projects" which addresses the various projects,uses,public investment, private investment, location and other data; a new enhanced version of Exhibit A-1 which has legends which will replace the Exhibit A-1 filed earlier,a new legal description for the enhanced version of the map set forth in Exhibit A-1 which Joint Meeting of the Health&Public Safety Committee and the Residential Neighborhoods Committee November 26, 2001 Page 2 will become new Exhibit A-2 and will contain the legal description for the "Central Business and Entertainment Area Boundary". The Council Attorney noted that she has provided to the Committee a Memorandum dated today which contains several documents, some of which have been previously provided to the Council. She noted that the first attachment was the 4-page legal memorandum dated November 7, 2001 which details background legal information which was utilized during the preparation of the ordinance. She stressed that the proposed regulations must be neutral in content; must be narrowly tailored;must leave open ample alternative channels of communication;and must serve a significant governmental interest. She noted that during the various meetings held with Council Member King and Council President Pfeifer that members of the South Bend Police Department were present and offered input. She further noted that both she and City Attorney Charles Leone have reviewed the substitute bill and both find that it meets the constitutional requirements required when legislating in this area. The proposed ordinance would protect the public from intimidation and other secondary effects of panhandling and solicitation, while protecting the quality of life and economic investments needed for the vitality of the "Central Business and Entertainment Area"addressed in the ordinance. The Council Attorney also noted that three (3) maps prepared by the Division of Economic Development are also attached which address vehicular traffic counts, downtown pedestrian and bicycle counts, and the major businesses. The "Findings" from the 1997 report which Council Member King provided summarize the private investment of $ 294,672,545 and the public investment of $ 140,720,074 in the South Bend Central Development Area. Brian Hedman, Executive Director of the Century Center provided a summary of the "total economic impact from 1990 to 2000 which is also attached to her memorandum,along with other related information. Council President Pfeifer thanked Council Member King and the Council Attorney for their hard work on the proposed ordinance. She stressed that this ordinance like the one heard earlier this year address "quality of life issues". She noted that the City has a responsibility to respond by providing a tool to address those who display inappropriate behavior. She added that she will be in contact with neighbors at the beginning of the new year to resume discussions on loitering, which would complete the trilogy of quality of life ordinances which she and Council Member King will bring forward for action by the Council. Council Member King than provided a larger version of the enhanced map which was developed by the Department of Community and Economic Development. The Council Attorney noted that the new Exhibit A-1 depicting the Central Business and Entertainment Area is on file with the City Clerk's office and the corresponding legal description for Exhibit A-2 will be on file by this evening's formal Council meeting. The Committee action on the proposed ordinance would include the substitute versions of both exhibits. Council Member Ujdak then opened the public hearing to the public. Frank Linerallo noted that he has a business on Marion Street and that he would like the ordinance to include the entire city. He noted that several of his patrons have been approached by aggressive panhandlers, and that when he contacts the Police Department they state that they do not currently have an ordinance addressing such activities. He urged the Council to pass the ordinance. Joint Meeting of the Health &Public Safety Committee and the Residential Neighborhoods Committee November 26, 2001 Page 3 Brian Hedman, Executive Director of the Century Center, stated that there would be a great economic impact if the Council would fail to pass the ordinance. He noted that there are approximately 400 employees at the Century Center and that they also need to feel and be in a safe environment. Panhandling and solicitation are not acceptable in the convention business. Chip Lewis noted that he is a member of the Jones Obenchain law firm which is located in downtown South Bend since 1906 and also a member of the South Bend Downtown Partnership which promotes downtown. He stressed that people must have confidence that they will not be subject to aggressive panhandling activities, otherwise they will not return to the downtown area. Mr. Lewis concluded that as a business owner and private citizen of the City that he believes that the ordinance is very appropriate and needed. Dennis Andres, the Executive Director of the Morris Performing Arts Center, stated that the revitalization of the Morris and related properties is between$ 18 to $ 22 million dollars, resulting from a private and public partnership. People must feel comfortable and if a patron is accosted they will not return. He then provided a 5-page handout highlighting the events at the Morris and the revenue generated by such activities(copy attached). Greg Ayres of the South Bend Convention and Visitors Bureau noted that there are five hundred (500) hotel rooms located in the downtown, as well as bed and breakfast establishments and thirty restaurants. These are the destinations of the residents and visitors of the city during special events who must be protected. John Baxter, Executive Director of Center City Associates, noted that there are two (2) primary things which people do not like about the downtown--parking and panhandling. He noted that even though he is a large man that he feels uncomfortable when approached. Bob Hunt, a member of the Redevelopment Commission and former business owner noted that he has been working for over 25 years for development of the city. He noted that currently downtown merchants do not have tremendous protections currently. He noted that it is time to change reality and perceptions by passing the proposed ordinance. Ken Wise, the Property Manager for the downtown Robertson's Apartments noted that the building is designed for senior citizens, many of whom are afraid to go out because of their fear of being approached. Eunice Miller, a resident of Robertson's Apartments, noted that someone is always approaching her every day for money and when she refusing they follow her and yell "do you hear me?" She feels very uncomfortable and at risk. Charlotte Huddleston, a resident of Robertson's Apartments, shared a story of a recent visitor who came to see her. The lady had a child in a wheel chair and while she was getting the wheel chair out of her vehicle she was approached for money. She tried to act quickly since she felt uncomfortable and while doing so locked her purse and keys in the vehicle. She had to pay $45.00 to a locksmith in light of this incident, and if it had not been for the intruder, it would not have happened. The public portion was closed by Council Member Ujdak and the Council portion was opened. Joint Meeting of the Health &Public Safety Committee and the Residential Neighborhoods Committee November 26, 2001 Page 4 Council President Pfeifer noted that professional panhandlers come into our city on special events and our residents, businesses and visitors need to be protected. Council Member King and the Council Attorney noted that aggressive panhandling would be prohibited in all portions of the city, as detailed in the ordinance. They noted that the area described in the Central Business and Entertainment Area could be reviewed on a regular basis, in light of Mr. Linerallo's comments. Dr. Varner suggested the filing of complaints of panhandlers so that there is a record of information when the area is again reviewed. Council President Pfeifer stated that Chief Bennett attended the meetings when the draft Bill was being discussed. Mr. Andres inquired whether street entertainers would be subject to this ordinance, and was advised that they would not. Council Member Ujdak inquired about the penalties. The Council Attorney noted that the 1st violation would result in a $ 50 fine, the second violation would result in a $ 100 fine and all subsequent fines would be subject to a case by case review by the Courts. Following further discussion, Council Member Kelly made a motion, seconded by Council Member Coleman, substitute Bill No. 108-01 with the new exhibits be recommended favorably to Council. The motion passed. There being no further business to come before the Committee, Council Member Ujdak adjourned the meeting at 5:03 p.m. Respectfully submitted, Council Member Andrew Ujdak, Chairperson Health and Public Safety Committee Council Member Karl King, Chairperson Residential Neighborhoods Committee KCF:kmf Attachments