01-10-11 Common Council Meeting Minutes

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