03-08-04 Council Meeting Minutes

Home Browse Search

REGULAR MEETING MARCH 8, 2004 BILL NO. 13-04 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE CITY OF SOUTH BEND LOTS 11, 12, 13, 14, 15, 16, 17, 18, 19 AND 20 IN DINAN'S SECOND ADDITION TO THE CITY OF SOUTH BEND AND THE PARCEL OF PROPERTY BETWEEN THE SOUTH AND THE EAST ENDS OF SAID LOTS AND THE WEST END OF LOTS 1 THROUGH 10 IN SAID ADDITION. THIS PROPERTY IS COMMONLY KNOWN AS 508- 536 CRESCENT AVENUE, SOUTH BEND, INDIANA Councilmember Kuspa, Chairperson, Zoning &Annexation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this bill to the full Council with a favorable recommendation. Council Attorney Kathleen Cekanski-Farrand noted that this bill was before the Council and approved at the February 9, 2004 meeting. She further noted that it was not necessary to send this bill back to the Area Plan Commission due to a scrivener's error in the legal description. Mr. Richard Deahl, Attorney, Barnes & Thornburg, 100 North Michigan, South Bend, Indiana, made the presentation for this bill on behalf of The Madison Center. Mr. Deahl noted that this rezoning was approved by the South Bend Common Council on Monday, February 9, 2004, however it was discovered that there was a scrivener's error in the legal description. Mr. Deahl stated that this bill is submitted with the corrections to the legal description. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given the 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 Kelly made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 12-04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 5 ENTITLED "STUN GUN REGULATIONS" Councilmember White made a motion to hear the substitute version of this bill. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Puzzello, Chairperson, Health&Public Safety Committee, reported that this committee met this afternoon on the substitute bill and voted to send it to the full Council with a favorable recommendation. Sgt. Scott Ruszkowski, President, Fraternal Order of Police Lodge#36, South Bend Police Department, 2437 Inglewood Ct. South Bend, Indiana, and Mrs. Ann Puzzello, 4th District Councilmember, 1515 E. Washington, South Bend, Indiana, made the presentation for this bill. Mrs. Puzzello noted that there are two changes that have been incorporated into the substitute bill. She noted that the 1st change affects Sec. 14-35 "Definitions"where "stun gun" is defined. Mrs. Puzzello further noted that in light of the 1985 Indiana state law addressing"any mechanism designed to emit an electronic, magnetic, or other type of charge that equals or does not exceed the equivalency of a five (5) milliamp sixty(60) hertz shock", we are recommending that this language be added to the definition and that such devices would not be covered by the -3- ill