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