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HomeMy WebLinkAbout04/18/07 Committee Meeting MinutesHealth and Public Safety Committee 2007 South Bend Common Council The April 1$, 2007 meeting of the Health and Public Safety Committee of the South Bend Common Council was called to order by its Chairperson, Council Member Karen L. White at 3:30 p.m. in the Council Chambers. Persons in attendance included Council Members Dieter, Pfeifer, Puzzello, Varner, Rouse, White, Kelly, and Kirsits; Citizen Member Pamela Brunette, Public Works Director Gary Gilot, City Engineer Carl Littrell, Building Commissioner Don Fozo, City Clerk John Voorde, Police Chief Thomas Fautz, Code Enforcement Director Catherine Toppel, Assistant City Attorney Ann-Carol Nash, Jerry Niezgadski, Jamie Loo of the South Bend Tribune and Kathleen Cekanski-Farrand, Council Attorney. Council Member White noted that the Committee Members include Council Members Puzzello, Kelly, Dieter and herself; and that Pamela Brunette and Deborah Fleming serve as Citizen Members. Bill No, 17-07 Proposed Public Safety Residential Lawn Parking Regulations Council Member White noted that the purpose of today's Health and Public Safety Committee was to have open discussion on proposed ordinance No. 17-07, as we11 as receive updates from all City Administrators who may be affected by the proposed regulations. Council Member White noted that a one-page agenda (copy attached) was available which would govern the Committee proceedings. She also noted that a packet of information containing the March 21, 2007 cover letter to Bill No. 17-07, Police Chief Thomas Fautz's March 13, 2007 memorandum; Code Enforcement's March 14, 2007 memorandum; City Engineer Carl P. Littrell's March 16, 2007 memorandum; and the Council Attorney's March 22, 2007 memorandum were available. A copy of Amended Bill No. 17-07 was also available (copy attached). Councii Member Ann Puzzello, Vice-Chairperson of the Health and Public Safety Committee and sponsor of Amended Biil No. 17-07 made the presentation. Council Member Puzzello stated that the proposed public safety regulations address the ongoing problems related to lawn parking. She stated that it does address illegal parking on areas that are not paved; but does not address special event parking. She noted that a companion zoning ordinance has been referred to the Area Plan Commission for their review, public hearing and recommendation, with the APC meeting being held in May. Health and Public Safety Camrr~ittee April 18, 2007 Page 2 Council Member Puzzello stated that the accordion file by her seat contains all of the many documents resulting from the research on this topic. She stated that many communities across the nation have been faced with lawn parking challenges, The documents include many parking studies, lawn parking ordinances and related documents. She stated that amended Bill No. 17-07 wauld put back on the books something that had previously been there, but from a public safety perspective since weekend and after 5 p.m. enforcement is necessary on a city-wide basis. She has had many discussians with Code Enforcement and the Police Department on the problems resulting from lawn parking. In response to a question raised by Cauncil Member White, it was noted that the definition of "motor vehicle" is proposed to be amended since the City Administration believes that the items deleted are properly addressed elsewhere in the Crty Code. The Council Attorney noted that the graduated fine schedule in proposed Section 14-46 includes a $100 fine for the 1$~ violation and a $250 fine for the 2n~ violation, both of which could be collected through the Ordinance Violations Bureau, noting that $250 is the maximum amount which may be collected by that office. The 3r~ violation would result in a fine of $350.00. She added that communities such as Valpariso, West Lafayette and Fort Wayne also approach this topic from a public nuisance perspective, similar to Bill No. 17-07. Council Member White then invited Police Chief Thomas Fautz for his remarks. Police Chief Thomas Fautz noted that his offices are located at 701 West Sample. The thanked the Common Council for "wanting to address this problem". Ne noted that he had sent a memorandum earlier to the Council. He stated that he believes that members of the South Bend Police Department would be able to enforce the provisions of the proposed Bill through its normal beat patrols, HtJD patrols and extra patrols. He added that when deemed necessary, blitzes could also be used similar to those used when addressing snow birds. Blitzes often result in public complaints however. Chief Fautz stated that the department would probably use its resources on a complaint driven process. In response to questions from Council Member White, Chief Fautz stated that often neighborhoods which experience more poverty have more broken down cars and may generate more complaints. He stated that the Police Department would be understanding when working with all citizens on city-wide enforcement of the ordinance. Chief Fautz suggested that the City needs to work with the news media and the many neighborhood organizations in getting the word out so that there is an educational process on the ordinance. Heal#h and Public Safety CorrErnittee April 18, 2007 Page 3 Council Member Dieter stated that he agrees with the comments made by Chief 1=autz. He also sees benefits from brochures highlighting the ordinance so that word can get out on the streets about the regulations. He also sees using the Weed and Seed Program to get the word out. Enforcement on a complaint driven basis and utilizing the Beat Officer who knows the area to which the officer is assigned would work well. Council Member Dieter also noted that he has taken over fifty (50) pictures of areas throughout the city showing rutted up front yards; broken curbs from driving over them to park in front yards; etc. He sees the ordinance as a "great tool which could do good things throughout the city". He added that having the Police Department doing enforcement is good since often times "situations can became volatile". Council Member Pfeifer stated that when the "public sees and knows that the enforcement of the ardinance is consistent and city-wide" that there will be good results. She suggested that if enforcement blitzes are used, that they be done on a city-wide basis, and regardless of the neighborhood. Addressing behavior in all neighborhoods should be the focus. Council Member Pfeifer also suggested that the city utilize all Partnership Centers, Neighborhood Associations, newsletters, emails and notice in the water bills as methods to get the word out. Council Member Kelly noted that he agrees with the comments which have been made. Dr. Varner stated that city residents have known about this as an ongoing issue for some time. He suggested however that perhaps the City should consider perhaps a sixty (60) day period where warning would be issued before citations. Council President Rouse noted that the city has over thirty (30) neighborhood associations who could provide vital aasis#ance. He cautioned however that the City needs to look at another proposed ordinance to coordinate special events. Council Member Pfeifer responded #hat she would oppose permitted lawn parking in one selected neighborhood over others for special events. Council Member Kirsits noted that temporary residential special events needs to have further discussion. The Council Attorney noted that proposed special event language was proposed in the original version and that Council Members suggested that it be removed so that it could be addressed separately. She also noted that with the proposed language in Section 14-4$, the City Administration and the City Council would have the opportunity to be pro-active on ail parking concerns by addressing such pilot programs as "parking pocketing and shared parking arrangements". Health and Public Safety Committee April 18, 2007 Page 4 Council Member White then called upon the Public Works Director for his comments on the proposed regulations. Public Works Director Gary Gilat noted that his office is located on the 13th Floor of the Counfiy-City Building, and that he and City Engineer Carl Littrell appreciate the opportunity to address the Council. Mr. Gilot stated that Council Member White requested detailed data and maps on many parking issues. He sees that information as being beneficial wi#h regard to public right- of-way issues; mobility issues and parking access issues. He noted that a secondary use of public streets is parking. Supply and demand of parking is becoming an increasing challenge in many areas of the city. He noted that with regard to programs such as shared parking and pilot parking, that discussion needs to take place an how much of the costs should be private and how much of the casts may be public. Sound public policies need to be developed, and the proposed ordinance would permit that dialogue to take place. He Hated that a common area maintenance fee as well as CED programs need to be discussed. In response to questions from Council Member White, Mr. Gilot stated that the Common Council has done a very good job in asking for relevant data and material on this topic. He stated that his department is still analyzing "pressure paints". He Hated that his department has studied parking from a maintenance perspective such as street sweeping, snow removal, etc. They have struggled with alternate parking cancep#s and haw best #o address the needs of the disabled and their parking needs. He suggested that the City needs to look creatively and should use and consider maintenance agreements. In response to inquiries from Council Member Kirsits, Mr. Gilot stated that pocket parking lots may utilize vacant lots in areas where the parking demand exceeds the current space on city streets; and that such lots would have landscaping and lighting. City Engineer Carl Littrell noted that information had been sent earlier to Council Member White in response to her request for information. He then summarized a series of large maps depicting parking throughout the city. He noted that seldom are residential streets 30' wide or wider. He noted that one (1) map attempts to light the analysis of taking each residential parcel and divide it by the parking restrictions in that area as an attempt to show "hat spots". He questioned whether that analysis was particularly useful in its current form, but represents a beginning point for discussion. He stated that the City and the public need to know where the parking problems are, and also needs to determine what is causing those problems. Mr. Littrell stated that the Public Works Department needs to evaluate whether any new curb cuts are needed based on the specific factual situation in each area. Heald, and Public Safety Committee April '18, 2007 Page 5 In response to questions from Council Member Puzzello, Mr. Littrell statement many of the residential subdivisions which are experiencing parking problems are those that were developed immediately after World War II when there were significant demands for residential development. Those developments often did not include driveways and were designed to provide access from alleys. Those development standards often did not include curbs or sidewalks and were not like the residential subdivision regulations now being required. In response to questions from Council Member Pfeifer, Mr. Littrell stated that 'hot spots" included such areas as Wooden Estates, areas south of Western, areas north of Sample and Olive, areas north of Lincolnway; areas along Portage and Bendix. He sees ongoing analysis as an important tool in this area. Council Member White then invited the Code Enforcement Director to address the Committee. Catherine Toppel, Code Enforcement Director, thanked the Common Council for bringing this matter to the forefront, since she has been working on problems of this type for the past several years. She stated that her department receives numerous complaints on a daily basis about lawn parking, and that the problem is city-wide. She stated that she sees this issue as both a public safety problem as well as a quality of life issue. Ms. Toppel stated that the city had front yard parking regulations on the books in April or May of 2004 through June of 2005 when the Circuit Court issued a ruling against the city. Although the regulations where used for less than a year which gave Code Enforcement officers the authority to issue citations, 34 citations were issued during that period of time. She noted that once citations were issued, that the majority of the parking problems went away. Ms. Toppel then reviewed the information in her March 14th memorandum. She noted that there are no code inspectors who regularly work nights ar weekends, but that they are on-call. In response to inquires from Council Member White, Ms. Toppel stated that if the ordinance is passed that Code would go out if there were problems after hours. She stated that she has "adequate staff now" and that she was sure about enforcement "absolutely" as proposed. Ms. Toppel envisioned a brochure on parking to be very helpful She noted that she met earlier today with Council Member Puzzello, the Council Attorney and the Assistant City Attorney and agrees with the suggested changes highlighted in Bill No. 17-07. She stated that she stands in support of the regulations. In response to questions from Council Member Pfeifer, Ms. Toppel noted that with regard to zoning regulations that warnings are sent out first. Zoning fines begin at $50, $100 and $250 for repeat violators. The fines are collected by the Ordinance Violations Bureau. Environmental fines had been turned over to a local collection agency, Health and Public Safety Cornrnittee April 18, 2007 Page 6 however they have found that they receive a better return when doing such collection in- house. In some instances court action was pursued. Council Member White then asked for comments from Assistant City Attorney Ann- Carol Nash. Ms, Nash thanked the Council for their efforts in attempting to resolve this long-standing problem. She stated that this is a "wonderful start for the better quality of life". She noted that earlier today she had the opportunity to meet with Council Member Puzzello, Ms. Toppel and the Council Attorney. The proposed amendments in the Bill reflect the good dialogue which took place. Ms. Nash then reviewed portions of the Home Rule state legislation; enhancing public safety and zoning and noted various decisions from the 7th Circuit and the Indiana Court of Appeals. She noted that a decision involving the City of New Have involved land use regulations which were zoning in nature. She suggested that perhaps some of the proposals be set forth in the companion zoning ordinance. She noted that the parking problems raise public safety issues, quality of life issues and enforcement issues. She added that she and Deputy Attorney Jeff Sanford fife many lawsuits in Small Claims Court for violations of Chapter 21 of the City Code. Council Member Puzzello noted that she represents many residents who want the City to move forward in addressing this city-wide parking problem. The Council Attorney noted that she is willing to continue to meet with Ms. Nash, Ms. Toppel and Council Member Puzzello since there mee#ing earlier today did not provide enough time to review all of the proposed regulations., He noted however, fihat the public safety concerns raised may be properly addressed through reasonable regulations which are consistent with the Home Rule authority and related public safety authority provided to the Council by state statute. Council Member Pfeifer suggested that the Council Attorney continue to work with the Assistant City Attorney especially with regard to the ongoing vacant and abandoned house issue and land use issues. She noted that the Mayor has proposed that $500,000 has been proposed to be used to address the vacant and abandaned house issue and that dialogue with Community and Economic Development Director Jeff Gibney needs to take place on non-conforming uses in neighborhoods. In response to questions raised by Council Member Kirsits, Ms. Toppel stated that she feels comfortable with regard to the regulations and busy city streets. Building Commissioner Don 1=ozo added that pouring concrete over front and side lawns is becoming a growing issue in the city, and he showed a picture of such a problem. Health and Public Safety Committee April ~8, 2007 Page 7 The Council Attorney noted that she would distribute an article on the "chroming of America" which discusses haw many communities are being challenged with more and mare residents pouring concrete in front yards. Council Member Kirsits noted that President Rouse asked him to inquiry about special events, noting that there are church festivals which often challenge parking in residential neighborhoods. It was noted that the City would have the opportunity to discuss that issue when a separate ordinance is drafted to address various options and alternatives. Assistant City Attorney Ann-Carol Nash stated that she likes the provisions proposed in Section 14-46 where violations would be on a per vehicle basis, and commending the Council for this provision. Citizen Member Pamela Brunette inquired about habitual offenders. Assistant City Attorney Ann-Carol Nash stated that by having regulations in both Chapter 14 and Chapter 21 of the City Code that the City Attorney's Office could pursue injunctive relief as well as graduated fines. Ms, Nash stated that the appeal process now in place through the Ordinance Violations Bureau works effectively and would be utilized under the ordinance for fines up to $250.00. She noted that Code Enforcement works with the Legal Department in doing investigative work necessary far the Small Claims actions. She sees this type of investigative work as being very straight forward. In response to a question from Council Member Kelly, Ms. Nash stated that the City utilizes the state's abandoned vehicle law and the impoundment procedures to address complaints of inoperable vehicles. Council Member Pfeifer asked the Assistant City Attorney to provide a written update to the Council, similar to what Ms. Toppel provided, detailing enforcement which has taken place which would include the number of citations, amount of fines collected, amount of citations and amount of fines uncollected, etc. Council Member Pfeifer stated that she would follow-up with an email on this request. Council Member White then opened the public portion of the meeting. Jerry Niezgodski of 2930 Bonds Avenue questioned some of the provisions of Section 14-42. He stated that he believes that vehicles entering back yards from alleys should also be addressed in the ordinance. He sees a potential for mud yards. He stated that the need for pocket parking areas in various areas of the city may be the result of other issues and that building and health codes should also be looked into in this area. He added that he would be against the City spending public monies in developing pocket Health and Public Safety Cammlttee April 18, 2007 Page 8 parking areas. He stated that he sees Notre Dame football weekends as a special use for a specific geographic area 6-7 days per year. Council Member Pfeifer noted that she disagrees with Mr. Niezgodski on the special exception for Notre Dame weekends. She added that there are churches throughout the city which have festivals where parking is an issue. She did not see it as fair for one portion of the city to have special consideration. Ms. Toppel stated that the current zoning ordinance addresses this topic raised by mr. Niezgodski regarding access from alleys. Building Commissioner Don Fozo suggested that the Council consider amendments to Section 14-42 so that the regulations would be in all areas of the city. He suggested that "Residential" be deleted from the title of that section and that "zoned for a residential use or dwelling'" be deleted. Council Member White thanked everyone for their input She stated that the Council, working with the City Administration is developing a "good, solid ordinance which is enforceable". She then summarized as follows: • Based on the statements from Chief Fautz and Ms. Toppel that both have stated that they do not need to add persnnne! to enforce the proposed ordinance • That state law would address abandoned vehicles • That the city consider a later effective date so that an educational campaign could take place utilizing brochures, emails, neighborhood groups, etc before citations would be issued • That the public safety regulations would be enforced city-wide • That Ms. Toppel would check further on the alley concern raised during the public portion • That the ordinance addresses public safety issues as well as quality of life issues • That the Counci( Attorney would continue to meet with the Code Enforcement Director, the Assistant City Attorney and Council Member Puzzello to address any further technical amendments which may be deemed necessary Council Member White noted that the Health and Public Safety Committee would continue discussion on this topic at their meeting on Monday when formal action would be taken by the Committee. She again thanked everyone for their input and attendance. She adjourned the meeting at 5:14 p.m. Respectfully submitted, Council Member Karen L. ~lllhite, Chairperson Health and Public Safety Committee Attachments