01-10-11 Common Council Meeting Minutes

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REGULAR MEETING JANUARY 10, 2011 BILL NO. 89-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 18, ARTICLE 1 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED STREETS AND SIDEWALKS REQUIRING THE REMOVAL OF SNOW AND ICE AND AMENDING SECTION 2-213 ENTITLED SCHEDULE OF ORDINANCE AND CODE VIOLATIONS Councilmember Dieter made a motion to hear the substitute version of this bill. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember White, Chairperson, Health and Public Safety Committee advised that this committee met jointly with the Community Relations Committee on this bill and sends it to the full Council with no recommendation. Councilmember Puzzello, Vice-Chairperson, Health and Public Safety Committee, Councilmember LaFountain, Chairperson, Personnel and Finance Committee and Councilmember Kirsits, Chairperson, Community/Campus Advisory Coalition made the presentation for this bill. Councilmember Puzzello stated that she has been concerned for quite some time now about children walking in the street to get to school. She noted in particular, when children are forced to walk down Eddy Street to get to Perley School when snow fall has covered the sidewalks making it impossible for them to walk. She stated that there has been an ordinance in the South Bend Municipal Code book requiring that snow be removed from the sidewalks within a 24 hour period, however, the ordinance does not have much enforceability and this is why we are here today. Councilmember Puzzello advised that they have received recommendation from the City Administration which would further strengthen and improve our proposed snow and ice removal regulations filed on November 7, 2010. She noted that in Sec. 18-7 strikes paragraph(b) regarding sand and/or salt and re-letters (c)to (b); Sec. 18-8 adds to the limited exceptions individuals who provide written verification of disability issued by the Social Security Administration or the State Medicaid Eligibility office; Sec. 18-12 changes Board of Public Works to Board of Public Safety adds that the ordinance citation shall be issued "to either the property owner or occupant"; Sec. 2-213 clarifies that the report is a statistical compilation with additional date being provided whenever possible by the Legal Department. Councilmember LaFountain reiterated that he also has concerns for the safety of students walking in his district as well. He stated that Adams High School is in his district and he has observed students walking in the streets to get to school because the sidewalks were not shoveled. He noted that as a parent he is greatly concerned for their safety as well. He stated that this bill would provide a tool as well as clarification and make sure that there is a provision which would allow those people who cannot get their sidewalks cleared because of age or some sort of disability an exemption and make sure that that exemption would be clear. He stated that this bill addresses a serious problem; it enhances the previous ordinance and provides more clarification for enforcement. He advised that through good public awareness campaigns which focus on the public safety concerns and the need to remove snow from public sidewalks, that pedestrian safety will be enhanced. Councilmember Kirsits advised that as Chairperson of the Community Campus Advisory Coalition it was brought up at several meetings that there were some complaints that the student rental homes were not in compliance with the current ordinance of clearing sidewalks within 24 hours after a snowfall. Councilmember Kirsits noted that the ordinance is designed to assist in the safe passage of pedestrians when using sidewalks located with the City of South Bend so that snow and ice would be removed in a routine 4