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232 <br />Dunbar Corner Project. He indicated they owned seven homes and they wanted to <br />vacate the alley in for additional yard space. Council Member Luecke indicated they <br />he an employee of South Bend Heritage, however, there was no conflict of interest <br />and he was able to vote on this project. He made a motion to recommend this bill to <br />the Council favorable, seconded by Council Member Niezgodski. The motion carried. <br />BILL NO. 49 -91 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF <br />THE RIGHT -OF -WAY OF NORTHSIDE BOULEVARD RUNNING FROM THE EAST <br />LINE OF LOUISE STREET TO THE WEST LINE OF ROBERTS STREET FOR A <br />DISTANCE OF 154 FEET. <br />This being the time heretofore set for public hearing on the above bill, proponents <br />and opponents were given an opportunity to be heard. Council Member Slavinskas <br />reported that the Zoning and Vacation Committee had met on this bill and recommended <br />it to the Council favorable. Roger Nawrot, Cole & Associates, made the presentation <br />for the bill. He indicated South Bend Controls was requesting this vacation in <br />order to erect a sign in front of their facilities. Council Member Zakrzewski made <br />a motion to recommend this bill to the Council favorable, seconded by Council Member <br />Soderberg. The motion carried. <br />BILL NO. 50 -91 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: CEDAR STREET <br />BETWEEN ST. PETER STREET AND NOTRE DAME AVENUE IN SOUTH BEND, <br />INDIANA. <br />Council Member Puzzello made a motion to continue public hearing on this bill until <br />September 9, seconded by Council Member Luecke. The motion carried. <br />BILL NO. 51 -91 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, <br />AMENDING CHAPTER 14 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH <br />BEND BY ADDING NEW ARTICLE 3 ENTITLED "PROHIBITION OF OPEN <br />ALCOHOLIC BEVERAGE CONTAINERS ". <br />This being the time heretofore set for public hearing on the above bill, proponents <br />and opponents were given an opportunity to be heard. Council Member Soderberg made <br />a motion to accept the substitute bill on file with the City Clerk, seconded by <br />Council Member Slavinskas. The motion carried. Kathleen Cekanski- Farrand, the <br />Council attorney, read the following amendments to the bill: Amend Section 14 -12(c) <br />as follows; "Motor vehicle" shall have the meaning set forth in Indiana Code Section <br />9- 1 -1 -2, except that "motor vehicle," as used in this Article, shall not include <br />recreational vehicles as defined in Indiana Code Section 9- 1- 1 -1(t) and which is <br />designed to transport more than ten (10) passengers including the operator, or any <br />chartered passenger vehicle licensed to operate within the State of Indiana. Amend <br />Section 14 -14 by adding (a) to the beginning of the paragraph, and by adding new <br />paragraph (b) which shall read as follows: Notwithstanding Section 14- 12 -(c), the <br />operator of a recreational vehicle or chartered passenger vehicle licensed to <br />operate within the State of Indiana, who, while the motor vehicle is in operation, <br />knowingly keeps or allows to be kept in an area of the recreational vehicle or <br />chartered passenger vehicle that is accessible to the operator a container: (1) that <br />has been opened; (2) that has a broken seal; or (3) from which some of the contents <br />have been removed; commits a violation of this Article constituting an ordinance <br />violation. Amend Section 14 -15 Citations to read as follows: An officer of the <br />South Bend Police Department may issue a City Ordinance Violation Citation to a <br />person who violates this Article. The first such citation issued to an individual <br />shall impose a fifty dollar ($50.00) fine. Each subsequent citation issued to an <br />individual shall impose a penalty not less than $100.00 and not more than <br />$2,500.00. Council Member Luecke made a motion to amend the substitute bill, <br />seconded by Council Member Slavinskas. The motion carried. Council Member <br />Soderberg reported that the Public Safety Committee had met on this bill and <br />recommended it to the Council favorable, as amended. Council Member Duda made the <br />presentation for the bill. She indicated Indiana was one of the few remaining <br />states that does not have an open container law making it illegal to have an open <br />alcoholic container in a motor vehicle. She indicated that until a State law is <br />passed, the best way to address this problem is through local legislation. Richard <br />Nussbaum, City Attorney, indicated citizens should continue to lobby the State for <br />similar legislation. He indicated Indiana has lost Federal money because we do not <br />have an open container lay. Floyd Carter, 1619 Fassnacht; Mark Walsh, St. Joseph <br />Medical Center ER physician; Kathleen Hoffer, 5012 S. York, a registered nurse; Ruth <br />Atkinson, her son was killed by a drunk driver in June; Debbie White, her daughter <br />and friend were killed by a drunk driver last August; Mario Simms on the St. Joseph <br />County Coalition Against Drugs; Barbara Stanley, former State chairman of MADD; Max <br />Moore, 602 Harrison; spoke in favor of this bill. Thomas Burnnett, 1216 King, <br />spoke against this bill. Council Member Niezgodski made a motion to recommend this <br />bill to the Council favorable, as amended, seconded by Council Member Zakrzewski. <br />The motion carried. <br />BILL NO. 52 -91 A BILL APPROPRIATING $6,500.00 FROM THE EMERGENCY MEDICAL <br />SERVICES CAPITAL IMPROVEMENT FUND TO FUND IMPROVEMENTS TO THE <br />APPARATUS STORAGE SPACE AT 701 WEST SAMPLE STREET, SOUTH BEND. <br />This being the time heretofore set for public hearing on the above bill, proponents <br />