11-14-05 Council Meeting Minutes

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REGULAR MEETINGNOVEMBER 14, 2005 Councilmember Pfeifer commented that she lives at 1013 W. Washington with her elderly mother. He mother has witnessed people urinating on lawns and going to the Catholic Worker House. She also stated that her car was vandalized. She advised that the West Washington Chapin Neighborhood Association has worked hard in developing the zoning for this area. The neighborhood is very diverse. It has been a vulnerable area for years and the self-determination by the residents and the neighborhood organizations have brought this area up to where young people are making commitments to purchase and revitalize homes and raise their families. Councilmember Pfeifer stated that people just think they can come into her neighborhood and do what they want. Councilmember Dieter commented that this issue has gone on long enough. He stated that he has heard numerous people speak in favor of this bill who do not even live in the neighborhood. It clearly is a violation of the zoning law. Councilmember Dieter stated that he is against it. Councilmember Kelly commented that he has had mixed feelings on this issue and was going to vote in opposition to this bill; however, his opinion is changing. He grew up in the depression era and when he was, younger growing up his mother too took in families and whoever came by who were down on their luck and need a warm place to stay for a while and eat a decent meal. Councilmember White reminded the Councilmember’s to vote consistent with past practice of the Council in voting on district issues. Councilmember Rouse made a motion to continue this bill and allow mediation to begin. Councilmember Kelly seconded the motion. The motion failed by a tie vote of four (4) ayes (Councilmember’s Kelly, Puzzello, Kuspa and Rouse) and four (4) nays (Councilmember’s Dieter, Varner, White and Pfeifer. Councilmember Dieter made a motion for unfavorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion. The motion failed by a tie vote of four (4) ayes (Councilmember’s Dieter, Varner, White and Pfeifer) and four (4) nays (Councilmember’s Kelly, Puzzello, Kuspa and Rouse). Council Attorney Kathleen Cekanski-Farrand stated that due to both motions failing and no other motions made, this bill would be put back on the Council’s Agenda for the November 28, 2005 meeting of the Council. Action must be taken within 90 days, that date being January 16, 2006, according to Title 37-4-6-08. BILL NO. 66-05 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1640 SOUTH BEND AVENUE AND PROPERTY BETWEEN 1612 AND 1640 SOUTH BEND AVENUE AND PROPERTY BETWEEN 1612 AND 1640 SOUTH BEND AVENUE, SOUTH BEND, INDIANA 46617, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this substitute bill to the full Council with no recommendation. Mr. P. J. Thuringer, Staff Planner, Area Plan Commission, 1823 N. Adams, South Bend, Indiana, presented the report from the Commission. Mr. Thuringer advised the petitioner is requesting a zone change from “SF1” Single Family and Two family to “OB” Office Buffer for Lots 32 and 33, and “LB” Local Business for Lot 31 to allow law office and additional restaurant parking. On site is vacant undeveloped land zoned “SF 1” Single and Two Family Residential. To the north is a small retail center and a tavern zoned “LB” Local Business. To the east is a 22