05-10-71 Council Meeting Minutes

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REGULAR MEETING MAY 10, 1971 REPORT FROM THE ORDINANCE COMMITTEE To the Common Council of the City of South Bend: April 1971 Your Committee, the Ordinance Committee, to whom was referred "AN ORDINANCE PROHIBITING THE SALE OF CERTAIN NON - RETURNABLE OR DISPOSABLE BEVERAGE CONTAINERS WITHIN THE CITY OF SOUTH BEND ". respectfully report that they have examined the matter and that in their opinion: it is the majority report of this committee that this ordinance go to the Council as unfavorable. The committee is in full accord with the intent of this ordinance. However, after study and meetings, we have come to the conclusion that, as it is now written, it needs more comprehensive study. Our findings and recommendations are as follows: (Due to the proximity of shopping areas and shopping centers, (that would not be covered by this ordinance) we find that it would cause an undue burden on local South Bend merchants and bottlers. This ordinance follows closely the Maryland ordinance which we now discover has been discarded. Their new ordinance, we find, is being challenged legally by many firms. Our findings also show that this ordinance would be highly discriminatory. Of the 18,000 dis- posable items that can be found in most'supermarkets, this bill concerns itself with merely the soft drink and the beer distributors. Our studies also reveal that litter itself is even a greater problem. People themselves are the problem. Returnable bottles or containers are cast away at the same rate as disposables. It is the opinion of this committee that littering and pollution ordinances already enacted should be more vigorously enforced. It is our desire that the whole Council join this committee in demanding that these ordinances be strictly enforced. It is our understand -i at new disposable bottles have been given the green light by the govern- ment, and, that some oe now in research that would make this ordinance obsolete before it could be enforced. That government and industry have gone to great expense in experimental containers that would diminish our ecology dilemma as it pertains to throw - aways. That the Vistron Corporation has developed a bottle known as Barax 210, that has been approved by the Food and Drug Administration. That near approval are containers that disintegrate and would add no problem to waste disposal. 'The committee agrees that a great and serious problem confronts us all. But it is the consensus of this committee that this ordinance is in fact inadequate and that we must pursue this matter further, contingent upon action by the County and State. /s/ John V. Wise Chairman (There being no objections, the report was accepted as read and placed on file. Councilman Craven said he had sponsored the ordinance and he would look into the situation further with the possibility of rewriting a new ordinance. Councilman Craven made a motion, seconded by Councilman Zielinski, that the ordinance be stricken from the files. Motion carried. 8 ayes, 0 nays, 1 absent (Councilman Szymkowiak) IIREPORTS OF THE COMMITTEE OF THE WHOLE Council President Laven entertained a motion to waive the reading of the Committee of the Whole Reports. Councilman Allen so moved. Councilman Wise seconded the motion. Motion carried unanimously. (ORDINANCES, THIRD READING IIORDINANCE NO. 5292 -71 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, GENERALLY KNOWN AS THE SOUTH BEND ZONING ORDINANCE, BEING ORDINANCE NO. 4990 -68, AS AMENDED, (FORMERLY ORDINANCE NO. 3702),, BY ADDING PROVISIONS DEALING WITH MOBILE HOME PARKS. The ordinance was given third reading. Councilman Craven made a motion, seconded by Councilman Reinke, that the proposed amendment of Section C, paragraph 21, page 5 of the ordinance be adopted. Motion carried by a roll call vote of 8, ayes. (Councilman Laven, Allen, Reinke, Craven, Grounds, Wise, Palmer and Zielinski) 0 nays, 1 absent (Councilman Szymkowiak). Council President Laven instructed the City Clerk to send a letter to the Area Plan Commission informing them of the amendment and a copy of the ordinance. Councilman Craven made a motion, seconded by Councilman Reinke, for passage of the Ordinance, as amended. There being no discussion on the motion, the ordinance was passed by a roll call vote of 8 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Wise, Palmer and Zielinski) 0 nays, 1 absent (Councilman Szymkowiak).