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Home My WebLink About10-22-18 Public Works and Property Vacation (5OU1 \ 4M '15).,.PEACE 18j65 OFFICE OF THE CITY CLERK KAREEMAH FOWLER, CITY CLERK PUBLIC WORKS &PROPERTY VACATION OCTOBER 22, 2018 4:14 P.M. Committee Members Present: John Voorde, Jo M. Broden, Gavin Ferlic, Sharon L. McBride Committee Members Absent: None Other Council Present: Karen White, Tim Scott, Jake Teshka, Regina Williams- Preston, Oliver Davis(late) Other Council Absent: None Others Present: Bianca Tirado, Graham Sparks, Bob Palmer Presenters: Aladean DeRose, Joseph Weatherly Agenda: Bill No. 54-18- Alley Vacation: Alley from West or South Right of Way of Madison Street to Northwest/Southeast Alley between Taylor St and North William Street Bill No. 55-18- Amendment adding Article 14 to Chapter 14 to address Special Events in the Public Right of Way Committee Chair John Voorde called to order the Public Works and Property Vacation Committee meeting at 4:14 p.m. He introduced members of the Committee and proceeded to give the floor to the presenters for Bill No. 55-18. Bill No. 55-18-Amendment adding Article 14 to Chapter 14 to address Special Events in the Public Right of Way Councilmember Oliver Davis arrived at the meeting at 4:15 p.m. Aladean DeRose, Assistant City Attorney for the City of South Bend with offices located on the 12th floor of the County-City Building, stated, We sent a letter to you late this afternoon and we apologize for the late notice. We are requesting that this matter be tabled and continued to the Council's next meeting on November 12th. The City has been in consultation with certain persons that will be affected by the ordinance and that would be those who would host or sponsor large events in the City and they had some questions about the cost-sharing arrangements. We would like to have that completely understood by everyone who would be affected. INTEGRITYI SERVICE' ACCESSIBILITY JENNIFER M.COFFMAN - BIANCA L.TIRADO - ----- JOSEPH R.MOLNAR CHIEF DEPUTY/DIRECTOR OF OPERATIONS DEPUTY/DIRECTOR OF POLICY ORDINANCE VIOLATION CLERK EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County-City Building 1227 W.Jefferson Blvd.I South Bend,Indiana 46601 I p 574.235.9221 I f 574.235.9173 I www.southbendin.gov CITY OF SOUTH BEND I OFFICE OF THE CLERK Committeemember Gavin Ferlic made a motion to continue Bill No. 55-18 to the November 12th, 2018 meeting of the South Bend Common Council. Committeemember Sharon L. McBride seconded this motion. Committee Chair Voorde opened the floor to discussion. Councilmember Jo M. Broden stated, I have a question. So there is no discussion at this point or that is going to get kicked to next meeting? No presentation today? Ms. DeRose replied, We are not prepared to make a presentation at this time because there may be changes and this information would probably be repeated,too. If you have questions that may take me a while to look at, I'm happy to hear them now. Councilmember Broden stated, Yeah, I have several questions and I think there is a benefit to asking those. So if we are going to delay the hearing on this, I would like an opportunity. I just think there is a benefit to doing that in a public hearing setting rather than individually getting answered. I would be happy to wait but I guess I was really curious about the individuals, well, the scope of the problem. I don't see much in here and I'm just not aware of what we are trying to solve. And I get there is impact and there is some in this but in terms of the overall problem and scope and its cost to the City, I guess I would like a little more detail on that. While I see the intent to recover some or all of the cost and the variations from small to larger organizations, I guess I'm eager to hear more information to be sure we aren't adversely impacting or being overly burdensome.That applies to not only the fines but also on the process part of it with the application. Because to me, there is a level of burden that is financial and also with the amount, degree and specificity of meeting all the details required of the applicant. Ms. DeRose replied, Most of those details are already part of the process. The purpose of this, really, is to shift some of the cost and to make sure that those who are doing this on a small-scale level will not be financially burdened by it. There was an equitable assessment of the total cost and impact on those who participate in these small events, which we want to encourage. Councilmember Broden followed up, And I guess a question to the $1,400 baseline fee, how was that arrived at? Ms. DeRose replied,That was based on the average number of hours that the police officers spend at most of these events. As it is now, some of these sponsors pay these already. This is an attempt to make it general for everyone. Councilmember Broden stated, I feel if I continue we will be having an actual hearing, then. Ms. DeRose replied, I have a whole PowerPoint that will be accompanying this next time. Also, Jitin Kain has been a primary point of contact for this and he is not here. You would all benefit from him being here. Committee Chair Voorde stated, We will make sure to schedule enough time to hear all of that. Councilmember Broden asked, Would this merit a Public Works and Property Vacation hearing that is separate and distinct from our fifteen (15) or twenty (20) minutes in Committee? Again, I EXCELLENCE I ACCOUNTABILITY INNOVATION I INCLUSION I EMPOWERMENT 455 County-City Building 227 W.Jefferson Bvld South Bend,Indiana 46601 p 574.235.9221 F574.235.9173 I 10574.235.5567 www.southbendin.gov 2 CITY OF SOUTH BEND OFFICE OF THE CLERK don't know how many applications we are getting on an annual basis. I try to look at those public works requests and it seems to be, on average, five (5) or six (6) but I don't know. I just want to make sure there is time to actually understand it all, particularly some of the timing elements of this. And, I guess also,understanding the effective date. When are we looking to put this in place? And then how much interface has occurred? I understand we are putting it on hold today because we have some desire to actually check with some of the current and frequent applicants but, I guess, I would like to be in a position, as Council, to actually know in more detail some of that data that informed this policy with regard to those frequent applicants. Ms. DeRose stated, This has been in the works for probably six (6) years. I understand your concerns and we will get you that information. Committee Chair Voorde stated, If we don't have enough time to thoroughly vet this on the 12th, we can always continue it to the next meeting. Ms. DeRose stated, We would like the effective date to be January 1st, 2019 and arc looking to implement it in the season of 2019 which begins heavily in the spring. Councilmember Ferlic's motion carried by a voice vote of four(4) ayes. Bill No. 54-18-Alley Vacation: Alley from West or South Right of Way of Madison Street to Northwest/Southeast Alley between Taylor St and North William Street Joseph Weatherly,420 West Madison Street, stated, I would like to vacate the alley that neighbors both of my properties. I own all abutting properties to the alley. I would like to gain possession of the alley to possibly use it as a drive way,build a garage on there one(1) day or,in general, create a bigger yard. The house we have now is on a half lot, so, our backyard is about the size of this room. Committee Chair Voorde opened the floor to questions or comments from Committee and Council Members Councilmember Tim Scott stated, I met with the gentleman. This is in the first (1St) District. How long have you lived here? Mr. Weatherly replied, For a year and a half. Councilmember Scott followed up, So we have a new resident and neighbor and it is a good thing they are trying to improve that area. I'm voting for you. Committee Chair Voorde then opened the floor to members of the public wishing to speak in favor of or in opposition to the legislation. There were none. He then turned the floor back to the Committee for further comment or main motion. Committeemember Ferlic made a motion to send Bill No. 54-18 to the full Council with a favorable recommendation. Committeemember Broden seconded this motion which carried by a voice vote of four(4) ayes. EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 455 County-City Building 227W.Jefferson Bvld South Bend.Indiana 46601 p 574.235.9221 f 574.235.9173 TTD 574.235.5567 vw,Nv.southbendin.gov 3 •CITYOFSOUTHBEND OFFICE OF THE CLERK With no furtherin bus ess, Committee Chair Voorde adjourned the Public Works and Property Vacation Committee meeting at 4:25 p.m. Respectfully Submitted, John e, om rtt a EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 455 County-City Building 227 W.Jefferson Bvld South Bend,Indiana 46601 p 574.235.9221 f 574.235.9173 TTD 574.235.5567 www.southbendin.gov 4