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06-27-16
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06-27-16
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City Council - City Clerk
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REGULAR MEETING June 27, 2016 <br />Mr. Horvath responded yes this corrects the oversight. <br />Councilmember Dr. Varner asked if it is Mr. Horvath's understanding that there is a compact fee <br />that has not been charged. <br />Mr. Horvath responded yes under section 17 -86. <br />Councilmember Dr. Varner asked if going forward January 1St we will start collecting those if no <br />action is taken by the Council. <br />Mr. Horvath stated technically the ordinance is in place and we would need to do it before <br />January 1St <br />Councilmember Dr. Varner stated that he wants the understanding to be that the Council intends <br />to act and make what corrections we can related to how this is administered. <br />Mr. Horvath stated if there is no change then there is compact language in here that we will <br />enforce if it is enforceable. <br />Councilmember Dr. Varner stated it is his hope that between now and the end of the year we will <br />address the issue on compact fees. The motivating factor is that there are no exemptions and if <br />one person has to pay then everyone should have to pay. <br />Councilmember Oliver Davis asked the Council Attorney if there is some motion that we can <br />make that is contingent on that understanding. <br />Council Attorney Kathleen Cekanski- Farrand responded the information that we had at the <br />Utilities Committee addresses those concerns but that should be separate from this bill. There has <br />been so much confusion over the months that it makes sense to go forward like this. <br />Those wishing to speak in favor of the bill: <br />Bill Schalliol, County Executive Director of Economic Development with offices on the 11th <br />Floor of the County -City Building, spoke in favor of the bill. The revised ordinance just <br />presented is a good first step. Mr. Schalliol expressed optimism that we can reach a broader <br />conclusion on compact fees and installation language. <br />No one from the public spoke in opposition. <br />Councilmember Tim Scott made a motion to send the Substitute Bill 23 -16 to the full Council <br />with a favorable recommendation. Councilmember Regina Williams- Preston seconded the <br />motion which carried by a voice vote of eight (8) ayes. <br />26 -16 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON <br />COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, <br />AMENDING CHAPTER 18, ARTICLE 1, SECTION 18 -15 OF <br />THE SOUTH BEND MUNICIPAL CODE TO ASSURE <br />SIDEWALK ACCESSIBILITY FOR PERSONS WITH <br />DISABILITIES NEAR SIDEWALK CAFES <br />Councilmember Jo M. Broden, Chair of the Public Works and Property Vacation Committee, <br />reported that they met and due to a lack of quorum this comes to the Council with no <br />recommendation. <br />Eric Horvath, Director of Public Works with offices on the 13th Floor of the County -City <br />Building, served as the petitioner for this bill. One of the great things that downtown <br />revitalization has brought is an increase in more businesses coming for sidewalk permits which <br />adds to the vitality of downtown. It has to be done in a way to keep accessibility for all people <br />and that is why this amends Chapter 18 of the municipal code to assure we have accessibility on <br />the sidewalks for persons of disabilities near sidewalk cafes. The language mandates a minimum <br />of sixty (60) inches from a cafe and any barrier to somebody getting through. Further, any areas <br />where the public right -of -way accessibility guidelines differs from our ordinance, the more <br />restrictive ADA guidelines should be followed. <br />
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