11-28-05 Council Meeting Minutes

Home Browse Search

REGULAR MEETINGNOVEMBER 28, 2005 BUSINESS; CB COMMUNITY BUSINESS, CBD CENTRAL BUSINESS DISTRICT, GB GENERAL BUSINESS, LI LIGHT INDUSTRIAL AND GI GENERAL INDUSTRIAL DISTRICTS; CLARIFY FENCING REGULATIONS IN THE U UNIVERSITY DISTRICT; CLARIFY LANDSCAPING REQUIREMENTS; MODIFY THE DEFINITION OF SPECIAL EVENTS; AND CLARIFY THE DISPLAY OF POLITICAL SIGNS Councilmember White made a motion to continue this bill until the December 12, 2005 meeting of the Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 87-05 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF KENWOOD AVENUE, LINDEN AVENUE, LAWTON AVENUE AND 4 NEARBY ADJACENT ALLEYS Councilmember White made a motion to continue this bill until the December 12, 2005 meeting of the Council. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 70-05 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13, ARTICLE 4, SECTION 13-57 AND 13-57.05 OF THE SOUTH BEND MUNICIPAL CODE TO CLARIFY PROHIBITED NOISES WITHIN THE CITY OF SOUTH BEND Councilmember Kuspa made a motion to hear the substitute version of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember White, Chairperson, Health and Public Safety Committee reported that this committee met this afternoon and voted to send it to full Council with a favorable recommendation. th Mr. Charles Leone, City Attorney, 14 Floor County-City Building, 227 W. Jefferson Boulevard, South Bend, Indiana, made the presentation for this bill. Mr. Leone stated advised that this is a substitute bill. The only change between this and the original bill is the deletion of the words: “after being asked to stop” in the third line of Section I (Code §13-57(a)). The change has been made because it can be impractical and ineffective for police to first request that a person making an unreasonable noise stop before issuing a citation. Although the “after being asked to stop” language was approved in the Indiana appellate court case on which this amended ordinance is based, that language does not appear mandatory to sustain constitutionality. This bill allows for the ordinance to get back on track. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. 3