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HomeMy WebLinkAbout05-10-71 Council Meeting MinutesREGULAR 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, May 10, 1971 at 8:56 p. m. The meeting was called to order by Council President Robert 0. Laven, who presided. REPORTS FROM 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 Regular Meeting, April 27, 1971 meeting of the Council and found them correct. They therefore recommend that the same be approved. /s/ Robert O. Laven Isl anet S. Allen 7s-7—Albert E. Palmer There being no objections, the report was accepted as read and placed on file. 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 Special Meeting, April 30, 1971 meeting of the Council and found them correct. They therefore recommend that the same be approved. /s/ Robert 0. Laven s Janet .S. Allen s Albert E. Palmer There being no objections, the report was accepted as read and placed on file. , REGULAR MEETING MAY 10, 1971 CITIZENS REQUESTS - MISCELLANEOUS MATTERS Mr. Thomas A. Enyart, 4605 Ridgeway, South Bend, Indiana, suggested that the Council take the action to have the Soldiers Monument repaired because it is in very bad condition. Council President Laven directed the City Clerk to send a communication to the St. Joseph County Commissioners requesting the matter be investigated. Council President Laven Directed the Clerk to send a communication to the Area Plan Commission requesting the withdrawal of the Grant Holladay Development Corporation petition which the Council referred to the Commission at the April 27, 1971 meeting. The discrepancy in the legal description on the petition was clarified by the letter from the Area Plan Commission on the agenda this evening. REPORTS FROM THE AREA PLAN COMMISSION JApril 29, 1971 The Honorable Robert Laven, President Common Council of the City of South Bend County -City Building South Bend, Indiana Re: Request for clarification of legal descrepancy in ordinance and petition Dear Mr. Laven: The reason for the difference between the legal description on the petition and the ordinance is the ordinance was amended on the floor at the Plan Commission meeting. The reason for the amendment was to exclude the rights -of -way of Portage and Maple Roads and to enlarge the right - of -way on both to 801. The ordinance has on it the correct legal thus would be the one to follow. If it is the re- quest of the Council to change the petition we will see that it is accomplished. However, since the petition is more for information then legality, it may not be necessary to change it. If we may help in any way, please ask. Sincerely yours, /s/ Douglas Carpenter, Senior Planner for Howard Bellinger, Executive Director DC /dh There being no objection, the report was accepted as read and placed on file. May 5, 1971 The Honorable Common Council of the City of South Bend County -City Building South Bend, Indiana Gentlemen: The attached rezoning petition of First Community Development Corporation was legally advertised on April 10 and April 17, 1971 and was given public hearing on April 20, 1971, at which time the following action was taken: It was moved, seconded and carried that the petition to rezone the western half of the "Harbor Homes" area be recommended unfavorably to the Common Council of the City of South Bend, Excerpts from the minutes of the meeting of the Area Plan Commission will be forwarded to you at a later date. very truly yours, /s/ Howard Bellinger, Executive Director /eb attach. There being no objection, the report was accepted as read and placed on file. 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). REGULAR MEETING MAY 10, 1971 ORDINANCES, THIRD READING ORDINANCE NO. 5293 -71 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA. (627 W. Washington Street) The ordinance was given third reading. Councilman Grounds made a motion for passage of the ordinance. Councilman Zielinski 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, Wise, Palmer and Zielinski) 0 nays, 1 absent (Councilman Szymkowiak). ORDINANCE NO. 5294 -71 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. (Pleasant View Manor Subdivision) The ordinance was given third reading. Councilman Grounds made a motion for passage of the ordinance. Councilman Wise 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, Wise, Palmer and Zielinski) 0 nays, 1 absent (Councilman Szymkowiak). ORDINANCE NO. 5295 -71 AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990 -68 CHAPTER 40 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, FORMERLY REFERRED TO AS ZONING ORDINANCE NO. 3702. (Portage -Maple Roads) The ordinance was given third reading. Councilman Grounds made the motion for passage of the ordinance. Councilman Zielinski seconded. 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). (ORDINANCES, FIRST AND SECOND READING AN ORDINANCE FOR TRANSFER OF._FUNDS IN THE AMOUNT OF $12,500.00 FROM "SERVICES PERSONAL" TO "SERVICES CONTRACTUAL" IN THE BUDGET OF THE OFFICE OF CITY CLERK, ALL BEING WITHIN THE GENERAL FUND. The ordinance was given first reading by title and second reading in full. Councilman Reinke made a motion that the ordinance be given a public hearing on May 24, 1971. Councilman Zielinski seconded the motion. Motion carried. 8 ayes, 0 nays, 1 absent (Councilman Szymkowiak). ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $22,800.00 FROM ACCOUNT XX -261, "OTHER CONTRACTUAL SERVICES ", TO THE FOLLOWING ACCOUNTS, ACCOUNT XX -12 "TEMPORARY HELP" $20,000.00, ACCOUNT XX -215 "TRANSPORTATION ALLOWANCE ", $550.00, ACCOUNT XX -37 "OTHER SUPPLIES" $500.00 AND ACCOUNT XX -722 "MOTOR EQUIPMENT ", $1,750.00, IN THE SANITATION DEPARTMENT, ALL BEING WITHIN THE GENERAL FUND. The ordinance was given first reading by title and second reading in full.' Councilman Craven made a motion that the ordinance be given a public hearing on May 24, 1971. Councilman Palmer seconded the motion. Motion carried. 8 ayes, 0 nays, l absent. (Councilman Szymkowiak). ORnTNAMCF. AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, GENERALLY KNOWN AS GREENBROOK ESTATES MOBILE HOME PARK ON MAYFLOWER ROAD. The ordinance was given first reading by title and second reading in full. Councilman Reinke made a motion to refer the ordinance tie t�i,gn Committee with a public hearing to be held on June 7, 1971 at 9:00 p. m.,.also, the ounc�'i11 on June 14, 1971, at.which time third reading will be given. Councilman Grounds seconded the motion. Motion_ carried. 8 ayes, 0 nays, 1 absent (Councilman Szymkowiak). Councilman Reinke announced that a departure from the usual procedure will also be taken on the following three annexation ordinances. He said a Special Meeting will be conducted by the Annexation Committee, with the full Council members in attendance, on June 7, 1971, beginning at 7:30 p. m. He said the Annexation Committee will report back to the Council at June 14, 1971 meeting and third reading will be held at that time. '56 REGULAR MEETING MAY 10, 1971 ORDINANCES, FIRST AND SECOND READING 1 ORDINANCE AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, GENERALLY DESCRIBED AS LYING NORTH OF EDISON ROAD AND WEST OF ROSEMARY LANE. The ordinance was given first reading by title and second reading in full. Councilman Grounds made a motion to refer the ordinance to the Annexation Committee with a public hearing to be held on June 7, 1971 at 7 :30 p. m., also, a report from the Annexation Committee to the Council on June 14, 1971, at which time third reading will be given. Councilman Craven seconded the motion. Motion carried. 8 ayes, 0 nays, 1 absent (Councilman.Szymkowiak). �i ORDINANCE AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, GENERALLY DESCRIBED AS BEING BOUNDED BY LIBERTY HIGHWAY (IND. #23), SOUTH OLIVE STREET, WEST EEING AVENUE AND KALEY STREET. The ordinance was given first reading by title and second reading in full. Councilman Reinke made a motion to refer the ordinance to the Annexation Committee with a public hearing to be held on June 7, 1971 at 8:00 p. m. also, a report from the Annexation Committee to the Council on June 14, 1971, at which time third reading will be given. Councilman Grounds seconded the motion. Motion carried. 8 ayes, 0 nays, 1 absent (Councilman Szymkowiak),. 11 ORDINANCE AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, GENERALLY DESCRIBED AS KENSINGTON FARMS SUBDIVISION, SECTION 3, PART 2, AND OTHER LANDS. The ordinance was given first reading by title and second reading in full. Councilman Reinke made a motion to refer the ordinance to the Annexation Committee with a public hearing to be held on June 7, 1971 at 8:30 p. m., also, a report from the Annexation Committee to the Council on June 14, 1971, at which time third reading will be given. Councilman Grounds seconded the motion. Motion carried. 8 ayes, 0 nays, 1 absent (Councilman Szymkowiak). 11 ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 3702 ADOPTED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ON THE 13TH DAY OF JUNE, 1949, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND The ordinance was given first reading by title and second reading in full. Councilman Zielinski stated that, due to the unfavorable report from the Area Plan Commission, he would make a motion for the defeat of the ordinance. Councilman Craven seconded the motion. Motion carried by a roll call vote of 8 ayes (Councilman Laven, Allen, Reinke, Craveh',Grounds, Wise, Palmer and Zielinski) 0 nays, 1 absent (Councilman Szymkowiak). 11 NEW BUSINESS Council President Laven announced the time schedule for the completion:;:, of the Wastewater Treat- ment Plant expansion. He said the first and second reading of the ordinance as per planning schedule will be May 24, 1971. He said during the morning of the 24th of May the bids will be opened and the bond ordinance will be completed_..wi:th :the. -, calcizlat on:of _th_e..'app. topXiite. rateF. We have issued a Call for a Special Meeting of the Council to continue the public hearing and third reading on this ordinance. for 8:00 p.m., May 25,1971 He also announced that at the May 24, 1971 meeting, the Council will have first and second readin of the sewer rate ordinance and sewer use ordinance. He said these will tie in with the bond ordinance. He said the first and second reading of the sewer ordinance will be held on June 14, 1971 at the Regular Council Meeting Council President Laven read the following statement of the Council concerning the recent lack of funding of MACOG by the St. Joseph County Council: On Monday, May 3, 1971, The St. Joseph County Council again refused to fully fund our County's share to MACOG - $4,603. The exact reasons for this inaction were not given, but the result re= mains the same: St. Joseph County reneged on its pledge to be a "full participant" in an area wide planning organization in which our County is a major factor. MACOG was created to give local elected officials an opportunity to cooperate in attacking pro- blems that have a reginal impact. in fact, the Federal Government has announced that such area wide planning groups serving as clearinghouse bodies for reginal planning activities must review applications of affected governmental units before they can be granted Federal monies. How does this effect us? This simply means that all Comprehensive planning monies and a full range of Federally assisted programs (including Highway development, planning and const'n, Water & sewage programs, health centers, Urban renewal programs) must be reviewed by MACOG before Federal Government approval. If MACOG fails, St. Joseph County and the City of South Bend are not eligible for funding these programs! REGULAR MEETING MAY 10, 1971 NEW BUSINESS As MACOG strives now to be operational and attempts to carry out its accepted goals, the action of the St. Joseph County Council is most disturbing. It is hard to believe that these elected officials can continually shirk their responsibilities toward their constitutents and toward MACOG. Surely, they must realize that the alternative is more Federal intervention in local affairs as well as the elimination of some funds needed by our local governmental units. MACOG has trimmed its proposed 171 budget to a realistic level in an effort to establish itself and become operational. This has been thoroughly reviewed with the St. Joseph County Council. The importance of MACOG was acknowledged by all - yet still no action. The City of South Bend, must not allow MACOG to fail because of lack of support. Although the responsiblity of funding our County's share rightfully rests with St. Joseph County because it is the entire county that benefits from these area wide programs, the risk of South Bend not being a part-of MACOG is too great. We, as elected officials of the City of South Bend, believe the time for decision is long past. By now taking positive, -aff mtti ze action, the St. Joseph County Council will be emphatically stating that the St. Joseph County is willing to pay its fair share and, thus, morally entitles to its fair share of MACOG'S responsibilities and benefits. We all have too much to loose if MACOG fails! FOR THE SOUTH BEND COMMON COUNCIL ROBERT 0. LAVEN, PRES. There being no further business to come before the Council, Councilman Craven moved for adjourn- ment. Councilman Grounds seconded the motion. Motion carried. Time: 9:28 p.m. ATTEST: A APPROVED: IDENT