09/17/07 Council Special Meeting Minutes

Home Browse Search

SPECIAL MEETING SEPTEMBER 17, 2007 ordinance talks about forms of identification and he wonders how many of the students at the various Universities have Indiana Driver's Licenses? On page 8 Section 14-56(d) Insurance is mandating for parking, but it doesn't say what type of insurance or how much insurance is supposed to be carried. Any other licensing ordinance that the City has that mandates insurance it is specified in their and what type of insurance and how much coverage they are supposed to have. Pages 8 and 9 Section 14-56(b)(c)(d)(e)(f)(g) all of those sections refer to less than 10 motor vehicles or more than 10 motor vehicles, what happens if you have exactly 10 motor vehicles? He suggested that the ordinance read less than 10 motor vehicles or 10 or more motor vehicles. Page 9 item (i) Exemptions, Mr. Clark stated that this really is not an exemption it is just another ordinance. Mr. Clark noted that the one thing that really bothered him on page 10 Section 14-57(a)(b) these sections state that if for some reason "we as the licensing folks failed to include a permitted location on the transmittal list of residential locations where we have issued permits, the sponsor or applicant is subject to the provisions of Section 14-58." Mr. Clark stated that it does not seem quite fair to the sponsor or the applicant that if they have applied in good faith and we issue them a permit and through not fault of their own, we error by not including them on an internal list, that they in turn be punished for that. They did everything right and obtained a permit, in paragraph it is stated in Section 14-53; 14-55; and 14-56 that all they need to conduct these activities is to obtain a permit. He would like the Council to revisit those sections. He questioned whether or not the Department of Public Works can process an application for greater than 10 parking applications between 2:00 p.m. and closing on a Friday? He doesn't know if whether or not the whole process of them submitting the application, reviewing it and getting it to all the various departments can be accomplished. Mr. Clark wondered how the City was going to handle spontaneous gatherings. Those are going to occur and we are not going to get away with those at all. He noted definition of a boarding house on page 2, is defined as a building and he is wondering if it should not be defined as a residence. An apartment house is a building, which has multiple people living in it who are not related to each other, duplex houses and that kind of thing. Mr. Clark stated that these are just some things to think about before the ordinance gets passed. Ms. Catherine Toppel, Director Code Enforcement, 13~` Floor County-City Building, South Bend, Indiana, thanked the Council for all their hard work, the University of Notre Dame, the neighbors, and everyone who has worked so hard this year to put together a document that has certainly come a long way. Many people have said that tonight and she wanted to make certain that she got her two bits in on that. She stated that her office is one of the offices that receive the complaints on Monday mornings following the parties that were held over the weekend. She stated that she is in favor of this concept. Ms. Toppel absolutely believes that there needs to be a good tool in place and this ordinance is just that tool. She noted that she has a couple of items that she has questions on and stated that she has put these items in writing to keep them clear and conscience. She noted that in Section 14-53(d) talks about a permit for a special event is referred to the Department of Code Enforcement for review of safety requirements. She stated that she is not certain of what safety requirements that the ordinance is referring to? Code Enforcement does not have access inside of structures, so in addition, in her opinion that is not a Code Enforcement duty, to review for a special event. Ms. Toppel stated that as she read the ordinance numerous times she thought that maybe the Council was referring to let Code Enforcement know that there was a party there and to look for debris etc., and help to enforce in that way. She is not sure of what the Council is eluding to as far as the safety requirements. In Section 14-54(a)(1) states that portable toilets are prohibited, and that was based on a suggestions that she made, however, if it is worded as such where the definition of a special event is a planned or unplanned gathering of people, that could pose a problem for events such as "Rebuilding Together" or School activities which are actually zoned residential and the soccer fields are zoned residential, she stated that she does not believe that was the intent, but we may need more clarification on that. She reiterated what Councilmember Rouse said earlier that this is a fluid document and can be adjusted as time goes on. Regarding tents, Churches, and other not-for-profit groups put up tents for festivals, etc., the applicant is at the mercy of the rental companies as to when they will be put up and taken down. 14-56(b) the requirement to park less than 10 motor vehicles concerns her and she would like to have some type of language in their of what would give the City the authority to deny that type of permit. Ms. Toppel stated that she