HomeMy WebLinkAbout02-21-94 Council Special Meeting MinutesSPECIAL MEETING
FEBRUARY 21, 1994
Be it remembered that the Common Council of the City of South Bend met in the Council
Chambers of the County -City Building on Monday, February 21, at 7:00 p.m. The
meeting was called to order and the Pledge to the Flag was given.
NOTICE OF CALL
OF
SPECIAL MEETING OF THE SOUTH BEND COMMON COUNCIL
Pursuant to Sec. 2 -5 of the South Bend Municipal Code, the undersigned five (5)
Members of the Common Council of the City of South Bend, Indiana, hereby call a
Special Meeting of the South Bend Common Council.
This Special Meeting shall be held Monday, February 21, 1994 at 7:00 p.m. in the
Council Chambers, 4th Floor County -City Building.
This Special Meeting is called for the exclusive purposes of having second and
third readings, formal public hearing and disposition on the following Bill:
BILL NO. 10 -94 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 5 OF THE SOUTH
BENDMUNICIPAL CODE ENTITLED "ANIMALS AND FOWL ".
BILL NO. 11 -94 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING CHAPTER 13 OF THE SOUTH BEND MUNICIPAL CODE BY
THE INCLUSION OF NEW ARTICLE 9 ENTITLED "SELECTED WEAPONS AND
INSTRUMENTS OF VIOLENCE PROHIBITED ".
Signed by five (5) Members
of the Common Council of the City of South Bend,
Indiana, on the dates so indicated.
/s/ Ann Puzzello
2/9/94
Ann Puzzello, Council President
Date Signed
/s/ Stephen Luecke
2/9/94
Stephen Luecke, First District
Date Signed
/s/ Roland Kelly
2/10/94
Roland Kelly, Third District
Date Signed
/s/ Thomas Zakrzewski
2/10/94
Thomas Zakrzewski, Sixth District
Date Signed
/s/ Linas K. Slavinskas
2/10/94 Linas K.
Slavinskas, Fifth District Date
Signed
ATTEST:
State of Indiana )
County of St. Joseph ) ss:
City of South Bend )
I, Irene K. Gammon, City Clerk of the City of South Bend, Indiana, hereby
acknowledge that the foregoing individuals are members of the Common Council of the
City of South Bend, Indiana, and signed the above call of Special Meeting of the
South Bend Common Council on the dates indicated.
Signed, sealed and dated this 11th day of February 1994.
/s/ Irene K. Gammon
Irene K. Gammon, City Clerk
The within call for a Special Council Meeting of the South Bend Common Council came
to hand the 9th day of February, 1994, which I serve by reading the same to each
Council Member upon the date designated:
Linas K. Slavinskas
Cleo Washington
Eugene Ladewski
Thomas Zakrzewski
or by leaving a certified copy thereof at the last the usual place of residence of
such Council Members as I was able to find as follows:
Steve Luecke Gave to wife
Sean Coleman Left inside front door.
Roland Kelly Left in mail box
Ann Puzzello Gave to husband.
Loretta Duda Gave to daughter.
/s/ Lt. Ed J. Summers #260
Member of the South Bend
Police Department
SPECIAL MEETING
FEBRUARY 21, 1994
ROLL CALL Present: Council Members Luecke, Washington, Kelly, Puzzello,
Slavinskas, Zakrzewski, Coleman, Duda and Ladewski
Absent: None
Council Member Coleman made a motion to resolve into the Committee of the Whole,
seconded by Council Member Ladewski. The motion carried.
COMMITTEE OF THE WHOLE
Be it remembered that the Common Council of the City of South Bend met in the
Committee of the Whole on February 21, 1994 at 7:10 p.m., with nine members present.
Council Member Kelly presiding.
BILL NO. 10 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
AMENDING VARIOUS SECTIONS WITHIN CHAPTER 5 OF THE SOUTH BEND
MUNICIPAL CODE ENTITLED "ANIMALS AND FOWL ".
This being the time heretofore set for public hearing on the above bill, proponents
and opponents were given an opportunity to be heard. Council Member Slavinskas made
a motion to accept the substitute bill on file with the City Clerk, seconded by
Council Member Puzzello. The motion carried. Council Member Ladewski reported that
the Health and Public Safety Committee had met on this bill and recommended it to the
Council favorable. Council Member Zakrzewski made the presentation for the bill. He
indicated the bill should be amended on page 5, Article 4.5 to remove the words
"Other Potentially Dangerous Dogs" and change it to "Dangerous Animals ", and Section
5 -47 after last amount add a sentence "Pet owners who are fifty -five (55) years or
older and disabled persons utilizing a dog or cat shall pay the amount of the annual
fees listed for each cat or dog which has been microchipped. Fees paid to have a dog
or cat provided with a microchip identification tag shall be divided as follows:
$15.00 to the duly authorized third party of the City providing such service; and $5
to the City." Council Member Coleman made a motion to accept these amendments,
seconded by Council Member Ladewski. The motion carried. Council Member Zakrzewski
explained that a dangerous animal under this bill means - it has, off of its
property, attacked another animal; or it has attacked or attempted to attack,
unprovoked, any human being on or off its owners property. He indicated this bill
establishes the the duties of the Animal Control Commission. He indicated that an
animal of any type cannot be raffled, and anyone with less than five (5) acres cannot
have a pot bellied pigs, and annual vaccinations for dogs and cats are required.
Jackie Worlowski, representative of the Humane Society, spoke in favor of this bill.
Dr. Glickman, Purdue University, spoke regarding rabies. He indicated in 1981 there
were more rabid cats than dogs. Jeff Gorman, 6003 Fellows, president of the Humane
Society, spoke in favor of this bill. Joyce Boaler, 1606 Hillsdale; Linda Petill,
2806 Hickory Rd.; spoke in favor of the bill. Barbara Brownell, 1606 Sunnymede,
spoke in favor of the bill, except for cats. Pat McKelvey, 468 S. Greenlawn, asked
questions regarding having your dog microchipped, and why a pot bellied pig required
so much space. Pat Bryan, 2606 Wall St., indicated she was against the registration
fee and microchipping, because disabled people are on fixed incomes. Chuck Norton,
1129 N. Hickory and Sharon Beam, Mishawaka, spoke against dogs being microchipped.
Jeff Polansky, 925 E. Washington, asked how long a dog is kept at the Humane Society
before it is euthanized. Council Member Slavinskas made a motion to recommend this
bill to the Council favorable, as amended, seconded by Council Member Ladewski. The
motion carried.
BILL NO. 11 -94 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING CHAPTER 13 OF THE SOUTH BEND MUNICIPAL CODE BY
THE INCLUSION OF NEW ARTICLE 9 ENTITLED "SELECTED WEAPONS AND
INSTRUMENTS OF VIOLENCE PROHIBITED ".
This being the time heretofore set for public hearing on the above bill, proponents
and opponents were given an opportunity to be heard. Council Member Ladewski
reported that the Health and Public Safety Committee had met on this bill and
recommended it to the Council favorable. Council Member Kelly made the presentation
for the bill. Council Member Luecke made a motion to accept the substitute bill and
file with the City Clerk, seconded by Council Member Ladewski. The motion carried.
Council Member Kelly indicated that last year there were 19 homicides in the City and
11 of them were gun related. He indicated this bill was another tool that could be
used to help with the "fight against crime." Michael Barnes, County Prosecutor,
spoke in support of this anti -crime bill. He indicated there was purpose for any
assault weapon, other than to harm a fellow citizen. Mayor Kernan indicated this
bill does not prohibit the ownership of properly licensed weapons. He indicated he
did not understand why weapons of war are needed to protect ourselves. Richard
Nussbaum, City Attorney, indicated that this bill was a first step, and we would hope
our Federal representatives would have the courage to ban assault weapons. He
indicated that the second amendment applies to the legislature and action taken by
the Federal government. He indicated the people have the right to bear arms and
there is in fact an individual right in the State of Indiana to bear arms and we
could not have an absolute ban on hand guns in Indiana. Kathleen Cekanski - Farrand,
Council attorney, indicated that the testimony submitted on Thursday, will be a part
of the Public Safety Committee minutes, as well as documents handed out this evening.
Ronald Marciniak, Police Chief, and Officer Mark Mersich, spoke in favor of this bill
indicating it will serve as a tool against violence in the community. Police Lt.
Lynn Coleman, commander of the Juvenile Department, indicated his concern is for kids
sake and anything we can do to protect our community is a positive step. Gregory
Blanford, attorney, spoke in favor of this bill. Council Member Luecke made a motion
to amend this bill on page 3 by striking sub - Section 3 and renumbering the remaining
MEETING
FEBRUARY 21, 1994
paragraphs, seconded by Council Member Coleman. The motion carried. Ernest Dickson,
2706 Wall; Mary Craypo, 50600 Sorrel Dr., spoke in favor of this bill. Jessie
Nance, 16357 Branchwood, said a friend had carried a gun to school and he committed
suicide later that day. She indicated she was only 14 years old and she should not
have to worry about guns in a public place. Lois Clark, 27118 SR 4, North Liberty,
indicated our children are living in a culture of violence. Jamie Thamos, 53095
Haddington, spoke regarding a friend at school in school who shot himself. Dan
Stoltzfus, 409 E. Broadway; Jim Gramza, 1106 N. College; Jeff Polanskey, 925 E.
Washington; Don Horvath, 2123 S. Walnut; Pat MacKelvy, 468 S. Greenlawn; Pete
Ostpchuk, 59425 Apple Rd.; Bill Brocker, 59694 Bulla Rd; Norman Gavin, 52654 Juniper;
Chuck Norton 1129 N. Hickory; Harry Marsh, South Bend; Wm. Ryan, 620 Ryer St.; Joyce
Boaler, 1606 Hillsdale; Steve Quinn, 723 Donmoyer; Jeff Ryan, 936 SR 331, Bremen; Tim
Butts, 103 N. Clearview; Don Bracken, 2033 Inglewood; Byron Blead, 1441 Chester; Dale
Smith, 1402 E. Dayton; Bruce Comfort, 1237 Congress; Mike Manse, 21956 Sandy Brook
Dr.; Lt. Frank Mattei, South Bend Police Department; Timmy Albert, 602 S. Chicago;
Stan and Gregg Mack, Lakeville; Thomas Burnette, 1216 King St.; Curt Cheney, 10229
Cherrywood Lane; Lee Brummit, 1129 Diamond; John Flavey, 52215 N. Lilac; Tom Avery,
56155 Hoover; Larry Schmitt, 11476 Idlewood, Osceola; Ralph Stevens, 944 Oakland;
Gary Snyder, 813 Berlin; Larry Zern, 26th St.; John McSorley; 50560 Tecumseh; Bruce
Wood, 225 E. Navarre; Ross Schott, 2109 S. William; Charles Vance, 19387 Orchard;
Troy Lighter, 1701 Marine; Mark Fisher, 52214 U.S. 31 N; Gary Spaulding, 50434
Portage; David Frick, 1834 E. Ewing; Leonard Grummel, 1919 Carlisle; Barry Baumbaugh,
12032 Timerline Trace; Norm Lawson, 533 S. Wellington; Nick Edison, 402 E. Oakside;
John Bohanan, 2102 Lincolnway West; Pat Holloway, 17825 Ponader; spoke against this
bill. Council Member Zakrzewski made a motion to remove the public places,
paragraphs 3 through 6, in Section 102, and put them into the second tier, Section
106, seconded by Council Member Luecke. The motion carried. Council Member Coleman
made a motion to change to amount of the fine from $50 to $200 in Section 101 (a).
The motion failed for lack of a second. Council Member Coleman made a motion to
amend the bill in Section 101 (a) to $100, seconded by Council Member Luecke. The
motion carried. Council Member Luecke made a motion to remove Division IV from the
bill, seconded by Council Member Coleman. The motion carried. Council Member Luecke
made a motion to move paragraph (3) regarding municipal corporations back into 13-
105, seconded by Council Member Ladewski. The motion failed. Council Member
Puzzello made a motion to amend Section 13 -101 by changing "front desk of the South
Bend Police Department" to principal of the minor's school ", seconded by Council
Member Washington. The motion carried. Council Member Coleman made a motion to
recommend this bill to the Council favorable, as amended, seconded by Council Member
Coleman. The motion carried.
Council Member Coleman made a motion to rise and report to the Council, seconded by
Council Member Washington. The motion carried.
ATTEST:
City Clerk
COMMITTEE OF THE WHOLE
ATTEST:
Chairman
Be it remembered that the Common Council of the City of South Bend reconvened in the
Council Chambers on the fourth floor of the County -City Building at 2:12 a.m.
Council President Puzzello presiding, and nine members present.
BILLS, THIRD READING
ORDINANCE NO. 6467 -94 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 5 OF
THE SOUTH BEND MUNICIPAL CODE ENTITLED "ANIMALS AND FOWL ".
This bill had third reading. Council Member Coleman made a motion to amend this
bill, as amended in the Committee of the Whole, seconded by Council Member
Zakrzewski. The motion carried. Council Member Coleman made a motion pass the bill,
as amended, seconded by Council Member Washington. The bill passed by a roll call
vote of eight ayes and one nay (Council Member Duda.)
ORDINANCE NO. 6468 -94 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, AMENDING CHAPTER 13 OF THE SOUTH BEND
MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 9 ENTITLED
"SELECTED WEAPONS AND INSTRUMENTS OF VIOLENCE PROHIBITED ".
This bill had third reading. Council Member Luecke made a motion to amend this bill,
as amended in the Committee of the Whole, seconded by Council Member Coleman. The
motion carried. Council Member Luecke made a motion pass the bill, as amended,
seconded by Council Member Coleman. The bill passed by a roll call vote of five ayes
and four nays (Council Member Washington, Slavinskas, Zakrzewski and Duda.)
There being no further business to come before the Council unfinished or new, Council
Member Luecke made a motion to adjourn, seconded by Council Member Zakrzewski. The
motion carried and the meeting was adjourned at 2:15 a.m.
ATTE T• AP P ED: ,4,1 -./ t, ijf_� P
City Clerk ent