Loading...
HomeMy WebLinkAbout10-22-01 Health & Public Safety and Residential Neighborhoods ommitte import: 3oit t (ommitta latizting of t alai & ublit *dap Gommittoe attb t Atoxibluttial igi borboo s Qtommitf e The October 22, 2001 joint committee meeting of the Health & Public Safety Committee and the Residential Neighborhoods Committee was called to order by Health & Public Safety Vice- Chairperson Karen L. White at 3:32 pm in the Council Informal Meeting Room. Persons in attendance included Council Members: Kelly, Varner, King, Aranowski, Coleman and White; Mayor Stephen Luecke, Citizen Member Khadijah Muhammad, Ann-Carol Nash, George Adler, William Hoye, Lou Nanni, Nancy Lucey,Edward Levy,Michael Urbanski, Charles Leone, Frank Camino, Terry Bland of the &MO VIZTRE , and Kathleen Cekanski-Farrand, Council Attorney. Council Member White noted that the first item on the agenda was to review Bill No. 97-01 which would repeal Ordinance No. 9241-01 Addressing Ticket Sales Regulations. Council Member Varner, the sponsor of the proposed ordinance, made the presentation. Dr. Varner noted that he introduced the Bill in light of the fact that he believes there is a great deal of confusion with regard to how the ticket sales ordinance should be enforced. He noted that his concerns focus on two (2) basic areas, those which are procedural and those which are administrative. Procedurally he noted that the form of ordinance presented to the Council was drastically changed in committee and the Council never had the opportunity to review the changes. Administratively, problems with regard to interpretation and enforcement resulted since the final changes were not seen in written form before final action was taken. At this point in the meeting, Council Member Ujdak joined the meeting and took over running the meeting in his capacity as Chairperson of the Health and Public Safety Committee. Council Member Varner further stated that he is willing to provide relief to neighborhoods as he detailed in a letter sent to the Council; that he does not intend on having the repeal in effect indefinitely; that more time is needed to review and improve the provisions; and that perhaps the regulations could be part of the upcoming loitering regulations. Council Member Ujdak then opened the meeting to the public. Frank Camino noted that many items have been worked out and that he has no complaints, however he would still like to have the ticket regulations repealed. William Hoye, Assistant General Counsel at the University of Notre Dame, spoke in opposition to the Bill. Mr. Hoye stressed that the original ordinance was not initiated by the University but rather by Council Members King and Pfeifer. He is aware of the many residential concerns voiced by the people living in the Harter Heights area, and was asked by the Council Attorney, Kathleen Cekanski-Farrand, to join in the discussions once the draft ordinance had been written. The University of Notre Dame through their representatives said that they supported the measure in concept, again stressing that the University did not initiate the ordinance. Mr. Hoye further noted that many of the articles in the South Bepd Tribune have included mis-information. The City of South Bend inquired of the University whether they would assist in enforcement and the University agreed. It was noted that such an arrangement is similar to paying off-duty police officers who work in the Notre DameAt dium. Mr. Hoye noted that University officials met with • Joint Meeting of the Health&Public Safety Committee and the Residential Neighborhoods Committee October 22, 2001 Page 2 Council Members King and Pfeifer, the Chief of Police, and City Attorney and the Council Attorney after the ordinance was passed, and that all people were "on the same page" with regard to enforcement and interpretation. Mr. Hoye concluded his remarks by urging the Council not to repeal the ticket regulations. Mr. Lou Nanni noted that he worked in the Office of the President of the University of Notre Dame for two(2) years and reviewed a great deal of mail detailing problems resulting from ticket scalpers around the university property. He cited litter problems, stopping traffic, damaging lawns, and noise concerns. He noted that he believes there has been a campaign of mis-information in the news media about the ordinance passed by the Council. Mr. Nanni stated that the University has no vested interest in the ordinance,however believes that the University wanted to be responsive to the problems brought to their attention. He noted that there has been no enforcement for the past two(2) home games and now there are signs posted in yards directing people that"tickets are this way". Mr. Nanni concluded his remarks by stating that he believes that the ticket regulations are in the best interests of the community and supports of efforts of Council Member King who represents the District most affected by the Universities athletic tickets. Nancy Lucey of 307 East Pokagon stated that she has lived in the neighborhood for 37 years. Now people are seating themselves in lawn chairs in their front yard in total disregard to the owners of the property. City Attorney Charles Leone stated that the ordinance as written and passed by the Council is enforceable. He believes the legislative intent is clear. To date, three tickets have been issued under its provisions. Council Member Varner inquired about enforcement of the ordinance,noting that direction on how the ordinance should be enforced should come from the Legal Department and the Police Department and not the University of Notre Dame. Mr. Leone stated that this area is similar to a private business hiring off duty officers for their establishments,that the officers have legal authority both inside and outside the premises. Mr. Nanni stated that Police Chief Larry Bennett requested the University to pay for three (3) officers, and the University discussed the matter and replied that they would assist the City, with the City preferring the enforcement mechanism that is currently being used. Council Member Varner voiced concern over the appropriate chain of command with regard to enforcement of the current ordinance. Council Member King noted that Council President Pfeifer sent a memorandum to the Council dated today voicing her opposition to Council Member Varner's bill to repeal Ord. No. 9241-01 (copy attached). Council Member King further noted that at the meeting held on October 3rd, that any confusion over the ordinance was discussed. He believed it was an effective meeting. The ordinance passed by the Council addresses unacceptable behavior which affects the quality of life in the neighborhood. Ticket selling creates a sense of disorder and when not addressed creates more disorder. Council Member King voiced concern over the erroneous statements in the newspaper. He noted that perhaps there are areas in the ordinance that could be improved, however an amendment should be suggested. To repeal the entire ordinance would have adverse Joint Meeting of the Health&Public Safety Committee and the Residential Neighborhoods Committee October 22, 2001 Page 3 consequences. Council Member King concluded his remarks by stating that perhaps there should be positive and constructive amendments,not a repeal of Ordinance No. 9241-01. Council Member Kelly then made a motion, seconded by Council Member White that Bill No. 97- 01 be recommended unfavorably to Council. The motion passed. The Joint Committees then reviewed Bill No. 01-89 which would authorize the United States Attorney of the Northern District of Indiana to submit an application for Weed and Seed Official Recognition to the United States Department of Justice, on behalf of the Weed and Seed Steering Committee, the Mayor and the St. Joseph County Prosecutor. Mayor Luecke, Khadijah Muhammad of the St. Joseph County Prosecutor's Office and George Adler of the Community and Economic Development Office made the presentation. They provided a map of the proposed "Weed and Seed Target Area" (copy attached) which would be within the area outlined in black on the map. Council Member King inquired as to who takes the lead in overseeing the program and who evaluates the overall operations. Ms. Muhammad noted that their would be a shared governance involving Pam Meyer, Jon Hunt and herself. There would be a designation, however this phase addresses the site, with a coordinator being hired at a later point in time if funding is received. Council Member Ujdak inquired about the time table. Ms. Muhammad noted that the deadline for submission is October 31st, with an award being made in the Spring of 2002 and a federal fiscal year format. Council Member Kelly asked about funding. Ms. Muhammad stated that there are 232 cities designated as weed and seed sites currently,with an average of$ 170,000 being utilized. Mayor Luecke stated that regulations require the City to go through the US Attorney's Office. Mayor Luecke also noted that there are limits on the total percentage of the City which can be designated as a"weed and seed" site. In response to a question raised by Council Member King, Mayor Luecke noted that the resolution would put the Council in favor of the application process, and that the process is being fast tracked in light of the deadlines. The program has a wide range of people involved and it would be an ongoing process for a very comprehensive program. Mayor Luecke also noted that an existing not-for-profit agency could be designated to oversee the program once the site is designated. Council Member Ujdak stated that he would like the site limits to go farther west and voiced support of the resolution. Following discussion, Council Member Ujdak made a motion, seconded by Council Member White that Bill No. 01-89 be recommended favorably to Council. The motion passed. Joint Meeting of the Health&Public Safety Committee and the Residential Neighborhoods Committee October 22, 2001 Page 4 There being no further business to come before the Committee, Council Member Ujdak adjourned the meeting at 4:07 pm Respectfully submitted, Council Member Karen L. White, Vice-Chairperson Health and Public Safety Committee Council Member Andrew Ujdak, Chairperson Health and Public Safety Committee Council Member Karl King, Chairperson Residential Neighborhoods Committee KCF:kmf Attachments