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REGULAR MEETING <br />APRIL 23, 2007 <br />expressed to Mr. Szabo, to be careful where he makes comments like that. People from <br />Italy are very much against fascism. <br />Kathleen Cekanski-Farrand, Council Attorney advised that with regard to parking on <br />sidewalks per say is already in the City Code Book, however, the protruding over or the <br />language that is set forth in Section 14-43 is not currently in the Code Book. All of the <br />other suggestions again, with further meetings, the Council can always include those in <br />subsequent bills, since at least two Councihnember's have stated that they would like to <br />go forward. Ms. Cekanski-Farrand stated that both she and Ms. Nash feel comfortable <br />with the way the bill is written. <br />Councilmember Kuspa questioned why can't this be enforced from just the zoning <br />perspective? <br />Kathleen Cekanski-Farrand responded that this bill attacks the problem from a public <br />safety perspective and a public nuisances perspective. At the meeting held last week, the <br />Health and Public Safety Committee heard testimony with regard how to Cities in the <br />State of Indiana have used it from a public safety perspective very effectively. <br />Valparaiso, Goshen and Bloomington have used this type of legislation from a public <br />safety perspective as well as zoning. The problem that was articulated is that often times <br />if you only attack a situation like this from a zoning perspective that is enforced most <br />typically by a Code Enforcement Officer that is off-duty after 4:45 p.m. or 5:00 p.m. By <br />having it from a public nuisance perspective you can also enable the police department to <br />enforce it on a 24/7 basis. The studies that have been done in such cities as Columbus, <br />Ohio; Seattle, Washington; Philadelphia, PA, and even Washington, D.C. where there is <br />chronic parking problems have shown that unless you do it from both perspectives, <br />enforcement would not be viable. <br />Councilmember Pfeifer stated that she admits to having some difficulty with this bill the <br />way it is written. Thinking about the backyard parking, she has no problem with banning <br />parking in the front yard, every neighborhood that she has been in is totally against that <br />and so is she. No problem banning cars or motorcycles, etc., that hang over the sidewalk <br />where people are forced into the street to walk. She stated that she does have a problem <br />with banning back yard parking. She indicated that part of her wants to pass this bill, <br />because her constituents keep asking when is the Council going to pass legislation <br />banning front yard parking. The other part does not feel comfortable banning parking in <br />backyards. She stated that she does have confidence in the Council and with Attorney's <br />Kathleen Cekanski-Farrand and Ann-Carol Nash as well as Code Enforcement Director <br />Catherine Toppel that they will make amendments to this bill as it is monitored. She <br />reiterated again, that this issue has her torn. <br />Councilmember Kelly stated that he to has mixed feelings about this bill. This bill is not <br />perfect by any means, but it's a start. He feels comfortable voting for this bill because of <br />the confidence he has in the Council to bring this issue back for fine tuning and revision. <br />This is a public safety issue in the entire City of South Bend and something has to be <br />done. <br />Councilmember Varner can assure that this bill is not being directed to West Side of <br />town. This issue affects the entire City and every district has a problem with parking in <br />front, side and rear yards. Councilmember Varner stated that he is a big advocate of <br />property rights, however, so do the neighbors. They have the right to enjoy their <br />properties as well. That's what makes this bill so hard to balance. He stated that he can <br />see that there maybe problems with this bill, even with this bill being passed tonight it <br />can be modified with some of the suggestions that have been made tonight. He believes <br />that the neighborhoods in the City would be far better off, than if the Council just simply <br />lets this issue ride, so that another entire season of people parking in front yards <br />continues. He also thinks that it is for the lack of a better word "contagious." If this <br />neighbor is doing the other neighbor will take notice and do it too! <br />Councilmember Rouse stated that he is concerned with the fact that Mr. Master's is the <br />attorney that took the parking issue previously in the Code Book to Court and defeated <br />11 <br />