06-09-08 Common Council Minutes - Laserfiche WebLink

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REGULAR MEETING JUNE 9, 2008 Mr. Phair stated that this petition is for voluntary annexation of 9.77 acres located in German Township, St. Joseph County, Indiana and has been filed by 100% of the owners of the land in the territory sought to be annexed. Mr. Phair stated that the Portage Prairie project is approximately 450 acre master plan community located at the intersection of 31 By-Pass and Adams Road. He stated that one day he hopes that it will generate traffic at least equivalent to the traffic that surrounds the University Park Mall area. To accommodate that kind of traffic during the master planning process, one of the identified areas was to provide for the future traffic needs in that area. The major east-west road on the north side of South Bend and the Community is Auten Road. Auten Road currently has a bridge over the St. Joseph River, but dead ends into Portage Avenue. The only other road servicing this property development from the East to the West is Adams Road. Adams Road is not accommodative to a large increase in traffic. An alternative route has been identified and as luck would have it, one of the key parcels became available and that is this parcel in question tonight. Mr. Phair estimated that the traffic growth is approximately three (3) to five (5) years away before it will be built upon, but think that it is very important to annex this parcel and provide for this future roadway system. 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 Varner made a motion for favorable recommendation to full Council concerning this bill and set it for Third Reading on June 23, 2008. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 26-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 13, ARTICLE 10 OF THE SOUTH BEND MUNICIPAL CODE CONCERNING FIREARMS Councilmember White made a motion to hear the substitute version of this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember White, Chairperson, Health and Public Safety Committee reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this substitute bill to the full Council with a favorable recommendation. Councilmember’s White and Rouse shared their concerns regarding this bill. They advised that they are concerned for the well being of all City employees and feel that they should be able to work in a safe environment. th Thomas Bodnar, Assistant City Attorney, 14 Floor County-City Building, 1618 E. LaSalle Avenue, South Bend, Indiana, made the presentation for this bill. Mr. Bodnar advised that this bill would amend Chapter 13, Article 10 of the South Bend Municipal Code concerning firearms. He stated that this section was originally adopted in February 1994 pursuant to “Home Rule” powers granted to local municipalities. Thereafter, the Indiana legislature enacted I.C. 35-47-11 which severely restricts a city’s ability to regulate the sale, transfer, and transportation of firearms. Nonetheless, under I.C. 35-47-11-2 a city retains authority to restrict firearms (1) on its own property, (2) within two hundred (200) feet of a school, and (3) in the event of a declared emergency for a period up to seventy-two (72) hours. Mr. Bodnar ordinance deletes those portions of Chapter 13, Article 10, Sections 94 et seq. of the South Bend Municipal Code which are inconsistent with or in derogation of I.C. 35-47-11-2 while exercising the residual regulatory powers over firearms granted to cities by state law. This is in order to protect employees, invitees, and visitors on City property; it restricts firearms on City property. Councilmember Oliver Davis questioned about City owned buildings. 7