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Home My WebLink About02-08-71 Council Meeting MinutesC REGULAR MEETING - RECONVENED Be it remembered that the Common Council of the City of South Bend, Indiana, reconvened in the Council Chambers in the County -City Building on Monday, February 8, 1971 at 8:16 p. m. The meeting was called to order by Council - President Robert 0. Laven, who presided. REPORTS OF THE COMMITTEE ON MINUTES To the Common Council of the City of South Bend: Your Committee on the inspection and supervision of the minutes would respectfully report that they have inspected the minutes of the January 25, 1971 meeting of the Council and found them correct. They therefore recommend that the same be approved. /s/ 0. Laven s Janet S. Allen 7-s7- Albert E. Palmer There being no objections, the report was accepted as read and placed on file. CITIZENS REQUESTS - MISCELLANEOUS MATTERS Mrs. Lee Swan, 2022 Swygart St., South Bend, Indiana gave an address criticizing the administra- tion-- Mayor - Council -and various departments. Mr. Roman J. Kowalski, 802 Birchwood St., South Bend, Indiana, said he appreciated the Councilmen who voted for annexation and trying to relieve the South Bend taxpayers burdens. Miss Virginia Guthrie commended the Street Department for their excellent handling of the snow removal in the city. REPORT FROM AREA PLAN COMMISSION Report from Area Plan Commission re: 59800 Miami Road (Scottsdale Mall) - See Committee of the Whole portion of this meeting. 03 REGULAR MEETING FEBRUARY 8, 1971 REPORT OF THE COMMITTEE OF THE WHOLE Council - President Laven entertained a motion to waive the reading of the Committee of the Whole Reports. Councilman Grounds so moved, seconded by Councilman Zielinski. Motion carried unanimously. ORDINANCES, THIRD READING ORDINANCE NO. 5269 -71 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION FROM THE REDEVELOPMENT FUND TO ACCOUNT NO. 261, "OTHER CONTRACTUAL SERVICES" IN THE DEPARTMENT OF REDEVELOPMENT. The ordinance was given third reading. Councilman Allen made a motion for passage of the ordinance. Councilman Reinke seconded the motion. 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, Szymkowiak, Palmer and Zielinski) 0 nays, 1 absent (Councilman Wise). ORDINANCE DEFEATED ORDINANCE AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA - 1962, SECTION 40 AS AMENDED, AND GENERAL ORDINANCE NO. 4990 -68, AND THE ACCOMPANYING MAP THERETO, GENERALLY KNOWN AS THE SOUTH BEND ZONING ORDINANCE BY CHANGING THE CLASSIFICATION OF THE USE DISTRICT FOR A CERTAIN PARCEL OF LAND. (59800 Miami Rd., Corner of Miami and Wideners Lane, Scottsdale Mall) . The ordinance was given third reading. Councilman Allen made a motion, seconded by Councilman Reinke, that the ordinance be defeated. There being no discussion on the motion, the ordinance was defeated by a roll call vote of 8 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Palmer and Zielinski) 0 nays, 1 absent (Councilman Wise). ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE PROHIBITING THE SALE OF CERTAIN NON - RETURNABLE OR DISPOSABLE BEVERAGE CON- TAINERS WITHIN THE CITY OF SOUTH BEND. The ordinance was given first reading by title and second reading in full. Councilman Craven made a motion, seconded by Councilman Palmer, that the ordinance be referred to the Ordinance Committee and that a date of public hearing be selected by the Committee on the ordinance, at which time an invitation shall be extended to those speakers interested in speaking for or against the document. Councilman Grounds commented that there may have to be several hearings. There being no further discussion on the motion, the motion carried. 8 ayes, 0 nays, 1 absent (Councilman Wise). ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION FROM THE MOTOR VEHICLE HIGHWAY FUND IN THE AMOUNT OF $70,000.00 TO ACCOUNT MVH -42, "STREET AND ALLEY MATERIALS" IN THE MOTOR VEHICLE HIGH- WAY FUND. The ordinance was given first reading by title and second reading in full. Councilman Szymkowiak made a motion, seconded by Councilman Craven, that the ordinance be set for public hearing on February 22, 1971. Motion carried. 8 ayes, 0 nays, 1 absent (Councilman Wise) RESOLUTION NO, 261 -71 A RESOLUTION AUTHORIZING THE TEMPORARY TRANSFER OF IDLE FUNDS TO THE GENERAL FUND OF THE CIVIL CITY OF SOUTH BEND, INDIANA. WHEREAS, a necessity exists to provide funds for the General Fund of the City of South Bend, prior to the receipt of taxes in the year 1971, in order to meet the current ex- penses of the City, provided for in the budget and appropriations adopted for the year 1971, which expenses must be met prior to the receipt of taxes in the year 1971, and WHEREAS, there are monies on deposit to the credit of various funds of the City, to wit: Track Elevation Fund, Cumulative Sewer Building & Sinking Fund, Water Works Depreciation Fund, Main Extension Fund, Sewage Works Depreciation Fund and Sewage Works Improvement Fund, which can be temporarily advanced or transferred to such General Fund, and REGULAR MEETING FEBRUARY 8, 1971 (RESOLUTION (Cont'd.) WHEREAS, Chapter 71 of the Acts of 1961 of the Indiana General Assembly authorizes the Common Council of the Civil City of South Bend by Resolution adopted by such Common Council, to advance and transfer to a depleted fund from any other such fund, such amount and for such period of time as may be prescribed in the Resolution, NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. That the City Controller of the City of South Bend is authorized to transfer an aggregate amount not to exceed $1,000,000 to the General Fund of the City from various funds of the City, to wit: The Track Elevation Fund, Cumulative Sewer Building & Sinking Fund, Water Works Depreciation Fund, Main Extension Fund, Sewage Works Depreciation Fund and Sewage Works Improvement Fund. SECTION II. Such transfer shall be made for a period not to extend beyond December 31, 1971, and such funds so transferred shall be returned and rep. aid to the original fund from which it was transferred. /s/ Gerald C. Reinke Member of the Common Council A public hearing was held at this time on the above Resolution. City Controller James A. Bickel explained this transfer of funds was necessary to meet current operating expenses while awaiting tax distributions. He said it has been costing the City about $60,000 a year in interest to borr funds to meet operating expenses and under the new procedure, idle funds will be used from other accounts. He said he would transfer funds only as needed. The Executive Secretary of the South Bend Civic Planning Association said the system has merit. She recommended that a report of the transfers be made to the Council so that everyone is informed. Mr. Bickel agreed a report would be made if the Council would tell him exactly what they required. In addition to questions from the Councilmen, other--inquiries were from Mrs. Faith Martin, 336 Parkovash, South Bend, Indiana and Roman Kowalski, 802 Birchwood St., South Bend, Indiana. Councilman Grounds made a motion seconded by Councilman Craven, for adoption of the resolution. Motion carried. 8 ayes, (Council- men Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Palmer and Zielinski) 0 nays, 1 absent (Councilman Wise). IIUNFINISHED BUSINESS I lCouncil President -Laven instructed the Clerk to send a communication to the Ordinance Committee asking for a status report and action on the pending Mobile Home Ordinance. Councilman Grounds cited recent editorials in the South Bend Tribune and on WSBT -TV station noting "annexation in South Bend is dead." He said if annexation is dead, the city of South Bend is dead, and, if our cities are to survive, they must expand their boundaries. He said if we don't annex, the councilmen are not doing their duty as Councilmen in the city. Councilman Allen said the trend today is for bigness - -and bigness means bigger problems. There being no further business to come before the Council, Councilman Reinke moved for adjournment. Councilman Grounds seconded the motion. Motion carried. Time: 9:15 p.m. ATTEST: CITY PRESI OR