09-27-71 Council Meeting Minutes

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REGULAR MEETING SEPTEMBER 27, 1971 CITIZENS REQUESTS - MIS:OBLLANEOUS MATTERS (Cont.) We are asking this for the general good and welfare of all citizens, including ourselves. Disability, whatever the degree, plays no favorites. It can and does a affect all levels of our society, but how very much easier life for the disabled, regardless of longevity, will be when their day to day existence is no longer ham- pered by Architectural Barriers. The time to start is now, and your interest and action in changing the local Building Codes is mandatory if improvement for everyone is going to be made. of Thank you. " Further, Mr. Norton asked the Council to check the building codes of the City as regards dis- abled citizens to see if they are being followed. Council President Laven stated that the building is the responsibility of the County Commission- ers; they should be made aware of this request and check to see if the building is in violation of building codes. He then called for a motion to this effect. Councilman Walter M. Szymkowialr made a motion that building codes be checked through the County Commissioners and that a report of the findings be reported to the City Clerk. The motion was seconded by Councilman Palmer. Richard D. Doyle, 720 Park Avenue, South Bend, Indiana, Indiana State Representative, urged the Council to explore the possibility of hiring its own special counsel to prepare court cases to test the constitutionality of State laws that require cities to pay taxes for services provided only to county residents. He said a new state law now allows city councils to hire such coun- sel to give legal opinions on the constitutionality of certain tax levies. He commented that this fact should focus attention of the legislators on the problems of the City. He cited four examples of tax levies on City residents that may violate constitutional standards of fairness: 1) County tax levies for services provided exclusively to residents outside corporate cities and towns, such as police and fire protection, 2) School bus tax levies through the school system which provides services for children exclusively outside corporate cities and towns, 3) The State school bus distribution formula which draws funds from the State general fund for services not available to all qualified residents on an equal basis, and 4) The township poor relief program under which persons in townships with large numbers of poor people are taxed proportionately higher than taxpayers who happen to live in wealthier townships in the same county. Mr. Doyle said he and other St. Joseph County legislators fought such inconsistencies in the last General Assembly and will do so again in the next one. Council President Laven requested that Mr. Doyle send a written request to the City Clerk which we can refer for action within a reasonable time. Mr. Doyle agreed. Councilman William W. Grounds commended Repre- sentative Doyle on taking the time to check into these bills and present them before the Coun- cil in an effort to supply some tax relief to the citizens. Mr. William Malec, 27795 Early Road, South.Bend, Warren Township Trustee took issue with Repre- sentative Doyle's claim that South Bend taxpayers are subsidizing county residents. He cited examples, such as poor relief, police and fire protection, in which townships are paying their own way. Council President Laven explained that he felt Mr. Doyle was not intending to put down the responsibilities of the county services, but interested in putting an end to dupli- cation of taxes. REPORT FROM AREA PLAN COMMISSION A report relating to zoning property at 3012 East Edison Road was read by the Clerk as follows: It September 22, 1971" The Honorable Common Council of the City of South Bend County -City Building South Bend, Indiana Gentlemen: Re: Rezoning petition of John K. Wilson and Effie Knappen - 3012 E. Edison The attached rezoning petition originated by John K. Wilson and Effie Knappen was legally advertised on September 11 and 18, 1971 and was given public hearing on Tuesday, September 21, 1971. The following action was taken at that hearing: After due consideration, it was moved, seconded and unanimously carried that the ordinance and site plan be recommended favorably to the Common Council of the City of South Bend. Excerpts from the minutes of the Area Plan Commission meeting will be for- warded to you at a later date. Very truly yours, /s/ Howard Bellinger Howard Bellinger, Executive Director HB:eb "Attach. There being no objections, the report was accepted and placed on file. m