10-23-06 Council Meeting Minutes

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REGULAR MEETING OCTOBER 23, 2006 UNFINISHED BUSINESS APPEAL OF DENIAL OF CERTIFICATE OF APPROPRIATENESS NO. 2005-1029A BY THE HISTORIC PRESERVATION COMMISSION OF THE CITY OF SOUTH BEND PROPERTY LOCATED AT: 2300 PORTAGE AVENUE, SOUTH BEND, INDIANA Councilmember Puzzello made a motion to strike this bill at the request of the petitioner. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. REPORT FROM AREA PLAN COMMISSION: It is noted that the Council is in receipt of a recommendation from the Area Plan Commission of St. Joseph County, for the following ordinance based on their Public Hearing held on October 17, 2006. BILL NO. 53-06 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CENTRE TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT NO. 5 Councilmember Puzzello made a motion to refer this bill to the Zoning and Annexation ndrd Committee and set it for Public Hearing and 2 Reading on November 27, 2006 and 3 Reading on December 11, 2006. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR COMMENTS CONCERNING THE BAN ON USE OF ENGINE COMPRESSION BRAKES WITHIN THE CITY OF SOUTH BEND John Hagen, 19575 Jewel Avenue, South Bend, Indiana, stated that he is asking the Council to consider the adoption of an ordinance that would prohibit the use of engine compression brakes within the City of South Bend in an effort to reduce noise. The noise caused by engine braking with semi’s and other vehicles not only disrupts public peace and quiet but is a health hazard. For whatever reason, the larger trucks want to engine brake all along the highway from Kern to the bypass, and coming off the bypass on the clover leafs. In any case, the behavior adds to already high levels of noise generated from the surface material on the bypass – although engine braking is more disturbing than continuous noise. While traveling you have no doubt seen such postings prohibiting the use of these devices. There is one on U.S. 31 outside of Lakeville, for example. For the past several years, Mr. Hagen stated that he has asked about the feasibility of signage posted along south U.S. 31 from just south of Kern Road and along the St. Joseph Valley Parkway on-off ramps to prohibit the us of engine brakes (sometimes referred to as “Jake Brakes”.) Mr. Hagen did not go into the history of his inquires and the bureaucratic meanderings. Suffice to say, it is his understanding that the City is responsible for the highway along U.S. 31 after having annexed that part a few years back. The St. Joseph County Council passed such an ordinance in 2003 (Ordinance No. 88-03, Bill No. 103-03 as amended.) I have attached a copy of that Ordinance. The ordinance has a couple of flaws, namely: (1) It prohibits the use of any engine compression brakes in posted areas; and, (2) provides no dates that would constrain the County engineer to complete studies needed to determine areas that need posting. The second issue is easily addressed. The first would be addressed by focusing on the issue: it is not engine brakes per se but the 27