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01-10-11 Common Council Meeting Minutes
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01-10-11 Common Council Meeting Minutes
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REGULAR MEETING JANUARY 10, 2011 <br /> Kathy Cekanski Farrand advised that it is the width of the sidewalk. She noted that again <br /> depending on which area of the city the widths of the sidewalks vary. She stated that the <br /> key is ingress and egress so that there is safety for the movement of the pedestrians. <br /> Councilmember Varner asked if the intent is free of snow or passage. <br /> Kathy Cekanski-Farrand stated that it is written so that the sidewalk is not obstructed for <br /> its use. It doesn't have to be clear to its base; it has to be clear and not obstructed. <br /> Councilmember Rouse stated that the street that Councilmember Puzzello mentioned in <br /> her presentation has no tree lawn. He stated that from experience it is hard to keep ahead <br /> of the street department and state highway department in keeping those sidewalks open <br /> when there is no tree lawn, because the snow gets plowed right back onto the sidewalk. <br /> He questioned whether there would be given any consideration for those areas like Eddy <br /> Street and South Bend Avenue that have no tree lawns. <br /> Councilmember Puzzello stated that she is very well aware that residents along Eddy <br /> Street and South Bend Avenue have a difficult time of keeping their sidewalks clear <br /> because they just don't have many options of where to put the snow. She stated that <br /> personally she would like to leave that up to the Director of the Street Department, Sam <br /> Hensley, to figure that out. <br /> Councilmember Dieter noted that in his District, Riverside Drive is a prime example of <br /> what is being mentioned here. This is one of the items that will have to be worked out <br /> and addressed once the bill is in place. <br /> Councilmember Oliver Davis reiterated his concern on whose responsibility is it when <br /> the resident has cleared the sidewalk and the plow truck comes along and plows the <br /> sidewalk shut. <br /> Kathy Cekanski-Farrand stated that issue is currently ongoing and asked Catherine <br /> Toppel, Director of Code Enforcement to address how it is currently be handled. <br /> Catherine Toppel, Director, Department of Code Enforcement, 13th Floor County-City <br /> Building, 227 W. Jefferson Blvd., South Bend, Indiana, stated that the one thing that <br /> comes to her mind after listening to all the comments tonight is that this ordinance is <br /> currently in the Municipal Code Book and has been for many, many years. She stated <br /> that as the ordinance is currently written the same problem exits. The sidewalks get <br /> cleared and the street department comes through and plows and the sidewalks get covered <br /> again. She stated that this happens to sidewalks that are cleared by the city as well. They <br /> have to continually go back out there and clear them. She stated that they monitor that <br /> and especially in the high trafficked areas such as Eddy Street. She stated that they go <br /> out and monitor and see that if people are making an honest attempt to clear the sidewalk <br /> and make is passable, and the street department comes through and pushes the snow back <br /> over, she stated that they go out everyday to monitor to see if they have made an attempt <br /> to clear the sidewalk again. It is a common sense factor. She stated that the ordinance <br /> that is on the books now needs to be refined or tweaked so to speak to make it better, and <br /> allow for the exemptions that are not there now. And, secondly to allow for a volunteer <br /> group to go out into the community and help those who need assistance in removing the <br /> snow from their sidewalks. She noted that the 24 hour period is currently on the books <br /> and that they use an internal 2 inch rule and that doesn't necessarily mean that two inches <br /> is the case, it could be that an inch of ice has covered the sidewalk and then covered by <br /> an inch of snow that needs to be addressed because people are slipping and sliding and <br /> falling and it becomes a public safety concern. She stated that they monitor on a priority <br /> basis and make note that if the sidewalk has been cleared once and the street department <br /> comes and plows them shut as they always do, they will monitor the situation to make <br /> sure that they get cleared again. <br /> 6 <br />
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