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HomeMy WebLinkAbout08-13-01 Health & Public Safety and Residential Neighborhoods• ltommittet fort: oittt Qommittu tins of t alit Vub lit a£gtti Q:ommitt* anti tie sitiential lbzigiborbootio Committ*t The August 13, 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 4:40 pm in the Council Informal Meeting Room. Persons in attendance included Council Members: Kelly, Varner, King, Aranowski, Ujdak and Pfeifer; Citizen Member Isabel Gonzalez, Dennis Andres, Jim O'Donnell, William Hoye, Esquire; Bubba Cunningham, Lynn Coleman, Ann-Carol Nash, Sarah Penner,Todd Zeiger, Natalie Boyd, P.J. Dobbins, Jeff Kimmell, E.E. Cour, M.I. Cour, Leigh Anne Gerber, Bruce Bon Durant, Steve Dragovich, Douglas Brazy, bob Paszkiet, H.M. Forster, R.M. Foster, George E. Herendeen, Nancy Sulok of the §eioUt i J8ttb gribl,Mt, and Kathleen Cekanski-Farrand, Council Attorney. Council Member Ujdak then introduced the Chairperson of the Residential Neighborhoods Committee, Council Member Karl King and noted the Council Members of the respective committees. The first item on the agenda was to review Bill No. 65-01 which would amend § 13-75.5 of the South Bend Municipal Code to define ownership of disorderly houses, to provide for the security &safety of vacant buildings&to enhance the city's ability to enforce provisions of the ordinance. Ann-Carol Nash & Lynn Coleman made the presentation on behalf of the City Administration. They noted that the ordinance would create an effective tool to "rid the neighborhoods of problem properties". The ordinance is aimed at addressing certain types of behavior such as noise, etc and expands the regulations to address vacant homes which are not secure and often have trash around them. Mr. Coleman further noted that the Mayor's Neighborhood Task Force was instrumental in developing this ordinance which gives additional powers to Code Enforcement and the Legal Department. In response to a question from Dr. Varner, Mr. Coleman noted that notice to fix would be sent by the city before a hearing is held. Dr. Varner inquired about land trusts and was advised that the trustee would be notified but would not be personally liable. Council Member King inquired whether ultimately the owners would be held responsible for violations, and he was advised that they would be. Council President Pfeifer stressed the need for responsible actions of the owners. The Council Attorney inquired about the receipt of monies no longer being divided between the Police Department and the General Fund. Ann-Carol Nash stated that the former Controller requested that all receipts be deposited into the General Fund. Citizen Member Isabel Gonzalez made a motion, seconded by Council Member King that Bill No. 65-01 be recommended favorably to Council. The motion passed. Joint Meeting of the Health&Public Safety Committee and the Residential Neighborhoods Committee August 13, 2001 Page 2 The Joint Committees then reviewed Bill No. 66-01 which would amend the South Bend Municipal Code by the addition of new Article 3 to Chapter 13 entitled "Anti-Ticket Scalping Regulations". Council Member King, a co-sponsor of the Bill along with Council President Pfeifer, made the presentation. Council Member King noted that there is a growing concern of activities negatively affecting neighborhoods when tickets to entertainment events exceed the supplies resulting in premium prices for such tickets. Many individuals participate in ticket speculations without any interest in using the tickets but rather are interested in the resale of such tickets at premium prices. In light of the growing public interest concerns and the quality of life concerns affecting traffic congestion, pedestrian safety and quality of life concerns of residential neighborhoods, the Bill was introduced following many meetings with members of the Police Department. Council Member King noted that both he and Council President Pfeifer receive many complaints as a result of such activities, especially those which occur in the residential areas. Council Member King noted that 150 people were lined up to purchase Jerry Seinfeld tickets for an upcoming performance at the Morris Civic, with many of those individuals purchasing tickets for the express purpose of resale at premium prices. He noted that twenty-seven (27) states, the District of Columbia and most cities with sports stadiums have passed regulations of a similar nature. Council Member King noted that three-fourths (3/4) of the population reside in the cities having such regulations. He concluded that based on the best interests of health, safety & welfare, he recommended that the Committees act favorably on the proposed ordinance. Council President Pfeifer stated that the proposed ordinance was consistent with the nature order of things to revitalize and protect neighborhoods and business corridors. When quality of life issues are jeopardized reasonable regulations are necessary to protect them. When individuals are disrespectful to others and their property, regulations should be put in place to protect the balance of these rights and obligations. Council Member Ujdak then opened the meeting to public comment on Bill 66-01 asking those individuals who were in favor of the measure to speak first. Bruce BonDurant, a local attorney residing at 209 Pokagon, read a one-page statement voicing support for the proposed ordinance. He noted that he was speaking on behalf of the Harter Neighborhood. Heights borhood. Mr. BonDurant stated that he had personally witnessed accidents, mostly g � l� fender/benders resulting from ticket scalping activities in the residential areas. He stated that in his opinion the city would be negligent in not controlling such behavior since they are familiar with the problems resulting from such activities. He further noted that such ticket scalpers pay no taxes on the income they make. The Council Attorney inquired whether his theory of potential negligence to the city was based on " activity would cause harm or city "knew or should have known" that such acts the premise that the tY P tY injury. Mr. BonDurant stated that that was correct. Mr. Jim O'Donnell, at attorney for the resident living in the 100 block of Angela Boulevard, spoke in favor of the proposed ordinance. He stated that his elderly mother lives in this area and is frightened when she see individuals congregating on her property oftentimes destroyed shrubs, in c to include 50' litter. He suggested that 13-36 be amended � and grass and leaving § bushes g g gg from any thoroughfare for clarification purposes and further suggested that § 13-38 be amended to include the surcharge. He noted that ticket scalping activities'negatively impact residential Joint Meeting of the Health&Public Safety Committee and the Residential Neighborhoods Committee August 13,2001 Page 3 neighborhoods. Such activities make the city look like "we are out of control" with such bizarre activities being tolerated. Dennis Andres, Executive Director of the Morris Performing Arts Center, stated that he concurs with the remarks of Council Member King. In light of the traffic pattern by the Morris, ticket- scalping activities prevent individuals from getting to the box office since they impeded the public access. The perception is that the event is sold out when in fact it is not and then individuals buy tickets from other sources at premium prices. Mr. Andres noted for example that people think that the Seinfeld event is sold out, when in fact it is not. 125 seats are reserved for handicapped individuals and if they are not sold by the date of the event they are offered to the public with $ 76.00 being the highest price ticket in the house. Yet, PJ's is selling tickets in the first eight(8) rows from$ 175 to$300 each. Mr. Andres stated that the fines are not high enough. Bubba Cunningham of the University of Notre Dame then spoke in favor of the ordinance. Mr. Cunningham stated that the university is trying to be a good neighbor to Harter Heights. The university is concerned about the health & safety of the residents living around the campus and especially on Angela Boulevard. He sees such activities as real nuisances. Council Member Ujdak then called for individuals who may be opposed to the proposed ordinance. Mr. George Herendeen, a local attorney, spoke in opposition. He stated that the ordinance as a "wolf in sheep's clothing" since the entity who would benefit the most would be the University of Notre Dame. He referenced § 13.55.1 of the SBMC addressing "loitering" and said that that section was sufficient. He claimed that there are no other functions which the ordinance would address except Notre Dame football tickets. Mr. Herendeen suggested more study be done; that Mr. Dobbins of PJ's would be hurt by such an ordinance; that it would violate the commerce clause; and that it was only being proposed because of a special relationship to Notre Dame. He concluded his remarks by requesting that the Council table the measure. Mr. Jeff Kimmel, a local attorney, also spoke in opposition. He contended that there were sufficient regulations on the books currently. He cited a 1949 Indiana Supreme Court case which he contended authorizes ticket scalping. He voiced concern about taking the tickets when believed to be in violation and further noted that when you add all the extra fees which are required by the University that the actual cost for a ticket is $ 60 to $80 each. He suggested that zones be established where tickets could be hawked so that such activities could be removed from the residential areas. He concluded his remarks that he believed that the city would be inviting "racial profiling". As a part of the rebuttal, Council Member King asked the Council Attorney to briefly summarize his legal memorandum . She highlight a Connecticut decision affirmed by the United States Supreme Court and concluded that in her opinion the Council could move forward on sound legal grounds. (copy attached). Dr. Varner inquired about trespassing, obstruction of traffic concerns and obstruction of pedestrian concerns. Council President Pfeifer noted that inappropriate behavior.has resulted in disrespect for residents and their properties. This has resulted in compromising the quality of life, noting that civility has changed. Urinating on people's lawns and trashing their yards should always be unacceptable. r —___ Joint Meeting of the Health&Public Safety Committee and the Residential Neighborhoods Committee August 13, 2001 Page 4 Council Member Kelly noted that he has no problem supporting the proposed ordinance based on the health and safety concerns which have been well documented, but voiced concern with regard to the provisions prohibiting sell over the ticket price in light of free enterprise. Dr. Varner noted that there are legitimate neighborhood concerns being raised, but that he too believes an individual has the right to resell. He noted that the overall ordinance was well intended. Council Member Ujdak stated that he has problems with regulating on the commerce side. He agreed with Council President Pfeifer that the behavior resulting from ticket scalping which she highlighted is unacceptable. He then read proposed changes to the bill and suggested that they be considered as a substitute(copy attached of amendments read). Following discussion, Council Member Ujdak made a motion, seconded by Council Member King that Substitute Bill No. 66-01 be amended as read by Council Member Ujdak. The motion passed. Council Member King stated that he feels comfortable with the overall ordinance since he believes that there are valid legal reasons for the regulations which address key provisions and quality of life issues in the residential neighborhoods. The purpose of the ordinance is to address those concerns. Council Member Kelly then made a motion, seconded by Citizen Member Isabel Gonzalez, that Substitute Bill No. 66-01 as amended be recommended favorably to Council. The motion passed. Council Member King noted that§ 13-36 (c) would be amended to include the suggestions raised by Mr. O'Donnell and the Committee agreed. Council Member King stated that he would ould do his g g best to have a final version ready for this evening's Council meeting. There being no further business to come before the Committee, Council Member Ujdak adjourned the meeting at 5::55 pm Respectfully submitted, 1 Council Member Andrew Ujdak, Chairperson Health and Public Safety Committee Council Member Karl King, Chairperson Residential Neighborhoods Committee KCF:kmf Attachments •