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01-28-04 Zoning & Annexation
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01-28-04 Zoning & Annexation
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City Council - City Clerk
City Council - Document Type
Committee Mtg Minutes
City Counci - Date
1/28/2004
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• <br /> Contittittu Iteport <br /> Zoning atO linntxation tontittititt <br /> The January 28, 2004 meeting of the Zoning and Annexation Committee was called to order by its <br /> Chairperson, Council Member Ervin Kuspa at 4:03 p.m. p.m. in the Council Informal Meeting <br /> Room. <br /> Persons in attendance included Council Members Kelly, Dieter, Coleman, Kirsits, Puzzello, and <br /> Kuspa; Executive Director of Area Plan Robert Sante, Assistant Director of Area Plan John <br /> Byorni, Jeff Myers, Brent Bajdek, Assistant City Attorney Ann-Carol Nash, Neighborhood Code <br /> Enforcement Director Catherine Bruecker,and Kathleen Cekanski-Farrand,Council Attorney. <br /> Council Member Kuspa noted that the Committee is composed of himself as Chairperson, Council <br /> Member Ann Puzzello as Vice-Chairperson,and Council Members Kelly and Coleman. <br /> Council Member Kuspa noted that this Committee meeting was called to continue to review and <br /> discuss 2nd Substitute Bill No. 81-03 which would amend Chapter 21 of the South Bend <br /> Municipal Code by incorporating a new zoning ordinance. Council Member Kuspa noted that the <br /> draft bill received a favorable recommendation from the Area Plan Commission, In light of two(2) <br /> new Council Members beginning their service on the Common Council he suggested that the Bill <br /> be continued until the February 9th Council meeting to permit as much review and input as <br /> possible by the Council and the public. He noted that many terms and been changed and a new <br /> zoning map would ultimately be reviewed. Council Member Kuspa suggested that the final <br /> version of the zoning ordinance must be neighborhood friendly, contractor & developer friendly, <br /> and people friendly. He noted that the long review is necessary so that the final version of the <br /> ordinance will be worthwhile. He then called upon Ann-Carol Nash from the City Attorney's <br /> Office he wrote a memo late last Fall expressing concerns with regard to several items addressing <br /> enforcement in the proposed draft. <br /> Ms. Nash noted that City Attorney Charles Leone assigned her to review the enforcement <br /> provisions of the proposed ordinance in light of her close dealings with the Department of Code <br /> Enforcement. She noted that she met earlier this week with the Building Commissioner and the <br /> Director of Code Enforcement to discuss several of her concerns. She stated that several of those <br /> items have been resolved however still expressed concern with regard to notice, discretion with <br /> regard to the timing of enforcement through the counts, and the definition of oversize vehicles. <br /> She and Catherine Bruecker cited § 21-10(g)(1)(A) on page 5 and also on page 10. They cited <br /> concerns on page 6 with regard to enforcement procedures, noting that it appears that a"Traffic& <br /> Misdemeanor" procedure is set forth rather than dealing with ordinance violations which have a <br /> two (2) year period to be pursued. Ms. Nash stressed the need for flexibility and options for the <br /> City Attorney's Office with regard to when and where they would file suit. She noted that the City <br /> Attorney's Office need room to negotiate with violators, noting that often times they would void a <br /> citation after a six(6) month period if the individual had no additional violations within that period <br /> of time. She noted that city ordinance violations are pursued in Small Claims Court and not <br /> through Traffic and Misdemeanor Court,as proposed in the draft ordinance. <br /> Council Member Kelly noted that the ordinance must be very clear, and if there is confusion that <br /> amendatory language should be proposed to address these concerns. <br /> Catherine Bruecker then gave an example of some of the negotiations that take place with violators, <br /> noting that zoning is one area of the law which is extremely hard to prove in court since an <br /> "enormous amount of evidence is required of a violation". Citations are aimed at giving a person <br /> an immediate document so that action can then take place in perfecting the zoning violation. <br />
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