11-13-73 Council Meeting Minutes

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REGULAR MEETING NOVEMBER 13 1973 1IREGULAR MEETING - RECONVENED (CONTINUED) the petition, be referred to the Area Plan Commission and also set for public hearing and second reading on November 26, 1973, seconded by Councilman Miller. A roll call vote was requested. The motion carried by a roll call vote of five ayes (Councilmen Szymkowiak, Miller, Parent, Taylor and Horvath) and four nays (Councilmen Serge, Kopczynski, Newburn and Nemeth). Council President Nemet stated that he was opposed to this, indicating that the regular procedure of referring to Area Plan with a report then coming back and the matter then being set for public hearing should be followed. He felt that, if this exception was made, there would be others. Mr. James Roemer, City Attorney, stated that he felt the motion was in order. Councilman Parent stated that there was urgency on the rezoning. IIORDINANCE This ordinance the petition, carried. IIORDINANCE This ordinance the petition, carried. IIORDINANCE 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 ZONING OF CERTAIN LOTS AS HEREINAFTER SET FORTH (OSBORNE AND GEORGE STREETS). had first reading. Councilman Parent made a motion that the ordinance, along with be referred to the Area Plan Commission, seconded by Councilman Taylor. The motion AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 40, MUNICIPAL CODE - SOUTH SIDE OF IRELAND ROAD) . had first reading. Councilman Taylor made a motion that.the ordinance, along with be referred to the Area Plan Commission, seconded by Councilman Serge. The motion AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, IDENTIFIED AS ORDINANCE NO. 4990, ORDINANCE NO. 3702, AS AMENDED, TO THE EXTENT IT IS STILL EFFECTIVE, AND THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, SECTIONS 40 -1 TO SECTIONS 40 -43, AS AMENDED, TO THE EXTENT IT IS STILL EFFECTIVE (2530 KENWOOD STREET). This ordinance had first reading. Councilman Taylor made a motion that the ordinance, along with the petition, be referred to the Area Plan Commission, seconded by Councilman Miller. The motion carried. UNFINISHED BUSINESS AN ORDINANCE AMENDING CHAPTER 13 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND,.INDIANA, 1971, BY THE ADDITION OF ARTICLE 6 TO PROHIBIT THE BURNING OF LEAVES WITHIN THE CITY. Council President Nemeth indicated that the Council had passed the ordinance on October 22, 1973, and the Mayor had vetoed the ordinance on October 26, 1973. Mr. James Roemer, City Attorney, spoke in the Mayor's behalf, indicating that the Mayor had vetoed the ordinance because the amendment which allowed two 30 -day periods of burning would concentrate the pollution to those periods. Councilman Parent stated that, if the Council overrode the Mayor's veto, there would be no more burning after November 15 and next year, perhaps the matter could be resolved. Councilman Miller felt this was a legitimate compromise; however, he felt a stronger ordinance should be drafted. He felt the Mayor should be requested to provide the equipment to handle the situation. Council President Nemeth stated that the ordinance must be published if the Council voted to override the Mayor's veto. He stated that it would not go into effect November 15 as stated by Councilman Parent. He felt that two periods of leaf burning in a year was far better than burning all year. Councilman Taylor agreed with Council President Nemeth even though he opposed the burning. He felt this arrangement was better than nothing. Councilman Szymkowiak felt the matter was very important and he indicated that he had been disappointed when the Council had passed the ordinance Mr. Roemer stated that the Mayor would prefer burning all year round rather than the two 30 -day periods set forth in the ordinance. Councilman Serge felt that, until the proper equipment was available to the city, two 30 -day periods of burning was better than all year round. Councilman Kopczynski felt this was a practical thing to do. He stated that last year it was demonstrated that the leaves could not be picked up adequately. He felt this was the best solution to the problem at the present time. Council President Nemeth felt a study should be done on the problem to determine the effects of picking up leaves and depositing them in a landfill, the effects of burning, the cost of the landfill and as the problem related to future annexations. Councilman Horvath stated that it had been mentioned that the Street Department was not picking up the leaves He asked Don Decker, Street Commissioner, to comment on that remark. Mr. Decker stated that the department was trying to pick up as many leaves as possible in the time allowed. Council Presiden- Nemeth indicated that he would ask for a vote from the councilmen and that an aye vote meant a vote to override the Mayor's veto and a nay vote meant a vote to sustain the Mayor's veto. The Mayor's veto was overridden by a roll call vote of seven ayes (Councilmen Serge, Miller, Parent, Taylor, Kopczynski, Newburn and Nemeth) and two nays (Councilmen Szymkowiak and Horvath). AN ORDINANCE REQUIRING CERTAIN CITY DEPARTMENTS TO SUBMIT BUDGETS TO COMMON COUNCIL. Council President Nemeth indicated that the Council had passed the ordinance on October 22, 1973, and the Mayor had vetoed the ordinance on November 1, 1973. Mr. James Roemer, City Attorney,