Loading...
HomeMy WebLinkAbout02-15-88 Residential Neighborhoods Olanuntttrt &pa RESIDENTIAL NEIGHBORHOODS COMMITTEE Ma tic einnutuu CIou uti at tip ettg at Suutl! Walk The February 15, 1988 meeting of the Residential Neighborhoods Committee was called to order by its Chairman - Councilman Loretta Duda at 4:00 p.m. in the Council informal meeting room. Persons in attendance included Councilmen Zakrzewski, Duda, ' Voorde, Luecke, Slavinskas, Puzzello, Coleman, Soderberg; James Caldwell, Patricia DeClercq, Max Moore, James Wensits, and Kathleen Cekanski-Farrand. Councilman Duda then introduced members of the Residential Neighborhoods Committee, those being Tom Zakrzewski, the Vice Chairman, Bill Soderberg, a member, Steve Luecke, a member, and Max Moore, a citizen member, as well as herself as Chairman. She noted that the purpose of the meeting was to review a variety of issues affecting neighborhoods including truck routes, Code Enforcement processes, neighborhood planning, and miscelleanous matters. The first item reviewed by the Committee was the issue of truck routes throughout the City of South Bend. She then called upon Councilman Zakrzewski to briefly update the Committee. He noted that complaints had dropped over the past several weeks. He is currently working on amendments to the current truck route ordinance. The individuals he is working with include Captain Friend of the South Bend Police Department, Patricia DeClercq, Mike Meeks of the Engineering Department, and Marva Leonard-Dent of the Legal Department. He further noted that currently routes are not proposed to be eliminated from the truck route list. He also noted that the Hummers are utilizing Jefferson and Captain Friend would like this to cease. He also noted that on the East side of South Bend there is a problem with regard to the North-South route for trucks. He indicated that Mishawaka is currently not enforcing their truck route ordinance due to substantial bridge construction throughout the City. Councilman Voorde questioned whether the delivery issue was being addressed. Councilman Zakrzewski noted that various exemptions were to be incorporated within the truck route ordinance including step vans and changing the length of the vehicles regulated from 25 feet to 20 feet. Councilman Duda questioned the specific violations currently incorporated into the truck route ordinance. The Council attorney noted that the truck route ordinance is currently located in Sections 20-106 through 20-109.7 of the Municipal Code. The penalty provision is set forth in Section 20- 109.7 and provides that first offense violations include a .... ..... fine of not less than fifty ($50.00) , second offense violations include a fine of not less than one hundred dollars ($100. 00) , and third of subsequent offenses include a fine of not less than two hundred and fifty dollars ($250.00) . In addition to the citation procedure, a fine up to two thousand five hundred dollars ($2,500. 00) may be imposed upon conviction. The Council attorney also noted that the Council members should have, as background information, copies of the Public Works Committee minutes where the truck route ordinance was discussed. Councilman Puzzello stated that each Councilman should locate streets within the districts and at large which are causing problems. She indicated that currently LaSalle is a problem area in her district. Councilman Voorde also indicated that there is a problem at the 1300 block of McKinley. Councilman Duda then suggested that the Committee review the Code Enforcement process. She indicated that she had a telephone call from a resident who had taken off from work to appear at a hearing regarding a demolition. At the time of the hearing despite the recommendation of the City to proceed ahead with the demolition, the hearing officer continued final action. She stated that such action like this promotes many difficulties to concerned citizens who live near the property allegedly violating City code provisions. Councilman Duda suggested that perhaps the City should look into a hearing panel of three person as oppose individual. Councilman Duda noted that Larry s ryClifford, the current hearing officer is doing a good job, however, she thought that perhaps a panel similar to the Board of Public Works or the Board of Public Safety should be investigated. Patricia DeClercq stated that she was willing to look into the hearing panel concept. She stated, however, that she did not want anything that would slow down the process. She believed that we should not make the process time consuming. She also indicated that sherrdepartmentme is currently working on a brochure with regard to the procedures used by the hearing officer. She stated that a ticketing system was approved by the Court and the problem is collection of such tickets. Currently the City is utilizing a collection agency, however, there is a problem with the County Clerk's Office. She noted that Steve Kaylor of the St. Joseph County Superior System had communicated with her department with regard to appropriate fines. She would be giving the Council a further update on this by separate correspondence. 2 r I Councilman Zakrzewski questioned what would be the advantages of a panel over one person hearing a complaint. He also questioned whether the individuals would have to be attorneys. He stated that he did not want anything that would slow down the process and that he was intitially against the proposal of a panel. Councilman Voorde questioned how such a hearing panel concept would affect the budget. Councilman Luecke noted the frustration especially of those individuals who do not receive the type of remedy they were hoping for. He further indicated that Larry Clifford can not make the City's order more stringent and that appeals can be taken direclty to the court system by the individuals but not by the City. Patricia DeClercq stated that Mr. Clifford has made site inspections on his own such as the Avanti situation. In response to a question from Councilman Luecke, he was advised by Patricia DeClercq that Councilmen were welcome to ride with the Inspectors throughout their districts. Councilman Slavinskas had several questions with regard to neighborhood clean up. He was advised that the standard fee for a clean up is $82. 00. Currently the City utilizes sending two bills and then if there is not satisfaction it is then referred to the collection agency hired by the City. He then questioned whether the City utilizes the lien procedure. Mrs. DeClercq indicated that currently the City is not. The Council attorney indicated that the past Council was interested in the City utilizing the liens against real estate especially for weed clean up, etc. Councilman Voorde noted that Councilman Al Paszek was especially interested in this concept. Councilman Duda then questioned computerization and thought that the City was to have access with regard to the status of cases. Mrs. DeClercq noted that there is a current problem of networking all of the systems. She noted that the system is currently not large enough and that there is a substantial monitary problem to upgrade. In response to a question from Councilman Zakrzewski it was noted that there is no Assistant Director to replace Gladys Muhammad and that currently there is a hiring freeze in effect for the City. Skip Yoder is acting as Assistant Director. Councilman Duda then noted that leaf burning is coming up for public hearing before the Council on April 28, 1988. Councilman Luecke suggested that there be a coordinated effort with regard to receiving information on this topic 3 between the City administration through the Mayor's office and the Common Council. Councilman Voorde noted that he and the Mayor would be having a meeting on Friday, February 19, 1988 and the Mayor suggested that he would like to meet with each Chairman of a Council Committee once per month, and with John and himself every two weeks. It would be the responsibility of the Committee Chairman, then, to report back to the entire Council. Councilman Duda noted that this Council was extremely interested in being involved at each planning stage of a project. Councilman Voorde noted that he had told both the Mayor and Katie Humphreys that the City Council wanted to be included and had genuine concerns of working together. Councilman Coleman questioned whether the City Council had information as to what other communities are doing with regard to leaf burning. Councilman Slavinskas suggested that each Councilman look at the worst case scenario within his or district. Councilman Puzzello noted that she had several alternatives which she would like to present to the Council. The Council Attorney noted that each of the Councilmen should review past committee minutes which address the leaf burning issue. Councilman Coleman stated that the bottom line is what is the price of clean air. Councilman Slavinskas questioned whether there were any traffic accidents as a result of the smoke generated from leaf burning. Councilman Duda noted that she has asked the Council Attorney to review an overall clean air and clean water ordinance with an emphasis on the health issue. She has tendered a preliminary document to the Councilman for her review which is quite extensive with regard to Federal, State, County and local law in this area. It was suggested that the issue of leaf burning be again discussed at a meeting of the Residential Neighborhoods Committee on February 29, 1988. Councilman Slavinskas also requested an update on the fish ladder and designated areas for fishing and Councilman Voorde noted that he would have an update to the Council on this topic. 4 - Following further discussion by the Committee, Councilman Zakrzewski made a motion seconded by Councilman Coleman that the meeting adjourned. The motion passed. The meeting was adjourned at 5: 05 p.m. Respectfully Submitted, 4 Irc u Coun lman retta Duda, Chairman Resiiential Neighborhoods Committee LD:srk 5