07-27-09 Common Council Minutes - Laserfiche WebLink

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REGULAR MEETING JULY 27, 2009 PUBLIC HEARINGS BILL NO. 52-09 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS SUMMERTIME LANE FROM JACKSON ROAD TO HIDDEN CREEK DRIVE FOR A DISTANCE 272.59 FEET AND A WIDTH OF 50 FEET Councilmember Varner, Chairperson, Public Works and Property Vacation Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Bernard Feeney, Registered Land Surveyor, Lang, Feeney and Associates, Inc., 715 South Michigan Street, South Bend, Indiana, made the presentation for this bill on behalf of the petitioner, Hidden Creek, LLC. Mr. Feeney advised that the petitioner wishes to re-route the entrance of Hidden Creek subdivision. He stated that in order to achieve this they are requesting a right-of-way vacation of Summertime Lane from Jackson Road to Hidden Creek Drive for a distance of 272.59 feet and a width of 50 feet, being a part of Hidden Creek Section 1 with the City of South Bend, St. Joseph County, Indiana. 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 Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 48-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 13 ENTITLED REGULATIONS ON THE USE OF HAND-HELD MOBILE TELEPHONES, MOBILE COMMUNICATION DEVICES AND TELECOMMUNICATIONS DEVICES IN SCHOOL ZONES; AMENDING SECTION 2-213 ENTITLED SCHEDULE OF ORDINANCE AND CODE VIOLATIONS AND SECTION 20-98 ENTITLED OBEDIENCE TO SCHOOL CROSSING GUARD REQUIRED OF THE SOUTH BEND MUNICIPAL CODE Councilmember White, Chairperson, Health and Public Safety Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with no favorable recommendation. Councilmember White stated as Chairperson of the Health and Public Safety Committee it is the committee’s goal to promote public safety throughout South Bend and is a top priority in the community. She stated that since last fall, the committee has been in discussions with school crossing guards regarding their employment and during those discussions the issues of student safety as well as the safety of the crossing guards were mentioned as a result of driving in school zones with cell phones. The Committee has been studying ordinances in other communities which ban the use of hand-held cell phone and other texting devices while driving in school crossing zones. She noted that she along with Councilmember’s Puzzello and LaFountain are sponsors of this bill. She 2