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HomeMy WebLinkAbout05-01-72 Council Meeting MinutesMAY 1, 1972 REGULAR MEETING Be it remembered that the common Council of the Matti °f1972tatB e e Council 8:02 p.m. Themeetingwascalled Chambers of the County -City Building on Monday, y to order by President Peter J. Nemeth and the Pledge of Allegiance to the flag was given. ROLL _CALL PRESENT: Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath Newburn and Nemeth. ABSENT: None Councilman Peter Nemeth announced that firstereading second to restructure government. This Ord inance that if there were no objections the amendment the ordinance and proceed with mo�entolstrike Newburn said that he had prepared an mendment out everything after the title of the ordinance and insert the amended ordinance. The motion was seconded by Councilman Miller and carried. The Clerk was instructed to proceed with the second reading. RESOLVE INTO THE COMMITTEE OF THE WHOLE Council President Nemeth entertained a motion to resolve into the Committee of the Whole, so moved by Councilman Parent, seconded by Councilman Tay lor, COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City f South Bend, Indiana May in the Committee of the Whole in the Council Chambers of the County-City Building Monday, 8:20 p.m. with nine members present. The meeting was called to order by Chairman Odell Newburn who presided. f REGULAR MEETING MAY 1, 1972 COMMITTEE OF THE WHOLE MEETING (CONTINUED) ORDINANCE AN ORDINANCE ORDERING AND PROVIDING FOR THE SALE OF CERTAIN REAL ESTATE IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, WHICH SAID REAL ESTATE IS OWNED BY SAID CITY FOR USE OF ITS PARK DEPARTMENT. (South Side of Ireland, West of Miami) This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. Mr. James Seitz, Superintendent of the Park Department said that this ordinance involved 4.4 acres of city -owned park land now being used as a maintenance area for Erskine Golf Course. With the widening of Ireland Road and the increased traffic because of the growing commercial area, equipment cannot cross Ireland Road. A portion of golf course land could be used for the maintenance buildings. The land in question is valuable property and there have been offers to purchase it. If the land is sold, the money would go into the General Park Fund and would be used to re- establish a maintenance area on the golf course with the additional money to be used to acquire park land in another area. Miss Virginia Guthrie, Executive Director of the Civic Planning Association, said that with the short- age of available park land, why couldn't this land be used as a park. Mr. Seitz replied that the land was not suitable because of the heavy traffic and the commercial nature of the area. Councilman Parent asked if the money from the sale would be used to purchase additional park land. Mr. Seitz replied that the money would be used for replacing the maintenance area and the balance would go into the park land fund. Councilman Kopczynski asked the value of the land and how much would be needed to replace the maintenance building. Mr. Seitz answered that appraisers will have to be appointed by the court to set a value on the land but that it is worth over $100,000. He also said that it would cost about $40,000 to re- establish the maintenance area. Councilman Szymkowiak made a motion that the Ordinance go to the Council as favorable. The motion was seconded by Councilman Kopczynski, and was carried. ORDINANCE AN ORDINANCE REORGANIZING THE STRUCTURE OF THE EXECUTIVE BRANCH OF GOVERNMENT OF THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. Chairman Odell Newburn asked that those who wished to be heard please give their name and address, that everyone would be given an oppor- tunity to speak but that they should not debate with each other. Mayor Jerry J. Miller made a presentation for the administration, stating that the purpose of this meeting was to provide for government reorganization of our city. He commended the members of the Council for their patience and hard work on the ordinance. He said that members of the administration had studied the amendments proposed and were pleased that the Council had accom- plished the intent of the Indiana General Assembly. The reorganization proposal is the result of the work of a task force and was begun in 1971. It involved over 200 man hours and included citizens, members of the Democratic party, members of the former administration and others inter- ested in improving government. The mayor said that we must reorganize city government in order to provide better services for everyone and improve the quality of living of the city. Mayor Miller then displayed four charts. The first chart showed the present city government, instituted in 1908. He stressed the fact that the elected officials of today are asked to make 1972 decisions with a 1908 plan of government. Under this plan, 25 or 30 departments of government report directly to the mayor. Chart number two showed the reorganization plan whereby six cabi- net heads are created: Law, Administration, Human Resources, Board of Safety, Board of Works, and Parks and Recreation. The new plan would make no changes in the Department of Parks and Recreation. The third chart showed positions appointed by the mayor. Mayor Miller pointed out that the power of boards and commissions would not be diminished under the reorganization plan. He said there are many advantages in grouping like agencies under one head. The fourth chart listed autonomous agencies. The mayor pointed out that city government must be responsive to its citizens. The cabinet form of government has been adopted by the Indiana Legislature and can now be adopted by the Common Council. It will do away with the overlapping of government agencies. The Mayor then introduced Fire Chief Jack Bland. Chief Bland said that the current urban devel- opment plans bring new problems which require new methods for better service. He listed the following areas of cooperation between a Safety Director and the Fire Department: 1. Better education in the area of community safety. There is a Junior Fire Department program in the schools and this type of program could be expanc ?ed. 2. A Public Safety Director could coordinate overlapping areas in the field of civil defense and natural disasters. 3. Coordination of authority in new construction, sub - standard housing, fire and building code enforcement, high -rise fire fighting. 4. Coordination of fire authorities within South Bend's influence, such as an area training program for fire fighters. 5. Coordinating public safety at a state level, working through the Indiana General Assembly. G. Investigate more professionalism in fire fighting through federal programs. 7. Better liaison at the cabinet level with the Mayor in working out some of the problems we are facing today. Mayor Miller then introduced Police Chief Robert Seals. Chief Seals said that there have been months of controversy over the proposed reorganization concerning the possible removal of control of the Department from the Chief of Police. In the proposed ordinance, there is no more such REGULAR MEETING MAY 1, 1972 PUBLIC HEARING CONTINUED transfer of authority involved than in the present Board of Safety Director would give relief from responsibilities not provide better services to the city with regard to police m problem, through referral, thus freeing police to return to The increased volume of police work must be reduced and the power to do the kinds of work needed. Public Works and Safety. The Public of a police nature. He would sthods and solutions to the crime those duties of a police nature. administration must be given the Mayor Miller then introduced Mr. Roy Gillea, a Certified Public Accountant. Mr. Gillea said that he has made a review of the fiscal procedures and powers of the city. He said that the city is paying costs of federally funded programs which could be reimbursed and that we are losing tens of thousands of dollars annually. The city does not have an approved government cost allocation plan. This is needed for the grantee to recover indirect costs incurred by the city. The 1908 chart indicates no clear line of authority for various additional departments of the city. Mayor Miller then introduced Mr. Philip Facenda, representing Mr. Jack Ellis, President of the South Bend - Mishawaka Area Chamber of Commerce. Mr. Facenda said that the Chamber has been working for a plan to solve the problems of city government for more than four years. They have worked with the past as well as the present administration. The Chamber is delighted that the Council has condensed the ordinance and is to be commended for the present form as an understand- able document which will serve the city well. Mr. Facenda then read a Resolution adopted by the Chamber on April 25, 1972 in support of the reorganization of city government. Mayor Miller then introduced Mr. Frank Sullivan, Chairman of the Urban Coalition. Mr. Sullivan said that his organization has worked with the Common Council before on a variety of subjects and they are grateful for the commitment the Council has made to South Bend. He continued that the problems of the cities are major and the current trend is strangling the cities. Many people are afraid of change. There has been much talk about changing city government structure but nothing has been done until now. Now with one -half the population under 27 years of age, government must be structured with this in mind. The 1908 plan is outmoded. The 1972 plan is not perfect but is closer to the perfection needed in the 1970's. None of us want to go back to 1908 but which direction will lead us into the future. Mayor Miller then continued that there is a need to establish, through this ordinance, a systematic form of government. He said that he ha( campaigned on the promise to restructure city government. He added that government can't solve all the problems of the community but we can do a better job than we are doing today. Government has moved away from its citizens. We are working hard to give the citizens of South Bend the kind of government we promised. There is much interest in this restructuring plan from all over the state of Indiana and we are receiving requests for copies of the ordinance from other cities. The Mayor concluded "Together we can build a better South Bend. We need your help and your support. We need this Ordinance to better South Bend - to move South Bend ahead ". Mrs. Ann Wlodarski, 1869 Riverside Drive, a member of the Fair Tax Association, spoke against the ordinance. She questioned the fact that people are demanding more government services and said she felt people would like better communication with government officials. She continued that bureaucracies are not responsive to the electorate and that they complicate rather than simplify government. She questioned the fact that the City Engineer had hired additional engineers with no change in his budget for 1972. She said that overlapping of services in the county and the city is a burden to taxpayers. She also said that the county restructuring plan was done in private with a minimum of debate. She asked why the restructuring ordinance must be passed so quickly and asked if it could not be put to a referendum vote. Lee Ullrey, 726 Diamond Avenue, spoke against the ordinance. He said that in the statement of intent and purpose of the proposed ordinance it said that enabling state legislation was final- ized in February, 1972. The ordinance was submitted to the Council in March. He said that this type of government has been promoted by the Governor's Conference and the National Legislative Conference who are striving for uniform state and local government. Mrs. Frederick Mutzl, 320 Parkovash Avenue, and a member of the Fair Tax Association, spoke against the ordinance. She read a statement from the Association asking that the Council vote against this ordinance. Anthony Wilhelm, 1218 N. Adams Street, spoke against the Ordinance. He said that all citizens should have the opportunity to read and study the proposed ordinance and then they could have a logical discussion. He said that he had attended a Seminar at I.U.S.B. on consolidation of government and that increased costs are always the result. He asked that the Council delay action on.the ordinance for further study. Mrs. Lee Swan, 2022 Swygart Street, spoke against the ordinance. She said that the mayor dis- likes running 1972 government with a 1908 plan. She reminded the Council that the country is still being run with a Constitution and a Bill of Rights written in 1776. Gerald Reinke, 1221 Ridgedale Road, spoke against the ordinance. He said that the presentation paints a rosy picture of the new restructuring. He said that as a past Councilman familiar with working with budgets, 75% of the cost of government is paid out in salaries and wages and that government costs are increasing every day. He said that the Fair Employment Practices Commission and Human Relations Council was formed in 1965 with a total budget of $10,936 and that the 1972 budget was up to $56,643. He said that in the Department of Public Safety proposed, the cost of the Director would be $16,000 and other operating costs would bring the total up to $30,000. He asked that the Council study costs of the cabinet type of government before passing the ordinance. He said that perhaps there are people in city government now who could be utilized in the cabinet form of government. Mr. Stanley Ladd, of the A.F.L.- C.I.O., said that leaders of all the local labor organizations have had a number of meetings on this Ordinance. He said that Mayor Miller ran on a platform approving this type of government restructuring and the Indiana Legislature had passed the legislation needed to allow it. He said he heartily endorsed the ordinance and hoped that the Council would pass it. REGULAR MEETING MAY 1, 1972 PUBLIC HEARING CONTINUED Mrs. Barbara Vaszari, 830 S. Falcon Street, spoke for the ordinance. She said that she is a housewife and that she was very impressed with the mayor's presentation of the government re- structuring and feels that the ordinance should pass for the good of the future of South Bend. Mrs. Janet Allen, 125 West Marion Street, said that as a member of the Chamber of Commerce, she had not been informed about the resolution adopted by the Chamber and read before this meeting tonight. She said that she did not support the resolution. She said that some city departments have already been reorganized without this ordinance and called attention to the fact that three assistant engineers had been hired by the City Engineer whose salaries are not in the budget. She questioned whether the Ford Grant Mayor Miller mentioned as a possible means of financing new cabinet style departments had ever come through. She said the Director of Safety would appear to be a social service department which might require two assistants, a secretary, and funds for other personnel and supplies. The position of Safety Director was put into the 1970 budget at $17,500 but was deleted as unnecessary. She questioned the advisability of putting an extra person between the Fire Department and Police Department and the Mayor. She emphasized the fact that it was not the initial cost of such departments but their upkeep. She said that the ordinance gives the power to establish within the dpeartments such additional officers and bureaus as are deemed necessary. She continued that this ordinance would not simplify government but would be opening Pandora's box. She said there is no need for more highly paid department heads to demand a full day -'s work for a full day's pay to deliver the services to the people. She urged the Council to further study the ordinance. Mr. Charles Hahn,,.1619 E. Colfax Avenue, President of the Civic Planning Association, said that as an interested citizen he had studied the ordinance first presented and the amended one and that it would take much more study to fully understand it. He said that the Civic Planning Association is concerned that the Park Department not lose its bonding power. He said that the Association supports a cabinet type of government but, since the amended ordinance was just available Friday, perhaps more time should be spent in studying it before the Council votes. Councilman Nemeth made a motion that the Council adjourn for a ten minute recess. Seconded by several and carried. Adjourned at 10:15 p.m. Be it remembered that the meeting of the Committee of the Whole reconvened at 10:30 p.m. in the Council Chambers of the County -City Building with nine members present, Chairman Newburn presiding. Public Hearing Continued on Ordinance to Restructure Government Mr. Lowell Spalding, 3422 Woldhaven Drive, spoke in favor of the ordinance. He said he wondered if the women who said we are still operating under a Constitution and Bill of Rights written over 200 years ago would like to be living without the amendment which gave women the right to vote and the 26th amendment. He said that it is better to try to livein the 20th century, looking into the 21st century. Mr. Edwin T. Smith, of the South Bend Civic Planning Association, said that the Council members and members of the city administration had received letters outlining the Association's feelings and recommendations on the ordinance. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, said that there now have been three versions of this ordinance in a short time. The 41 page ordinance, a five page ordinance and now a seven page ordinance with considerable changes. There are gaps between the three ordinances. She asked what the effective date on the ordinance would be. She recom- mended that (1) the Council consider not taking final action until May 8 1972,,and (2) that they consider making the Human Resources Department effective the lst of June or the 1st of July. She recommended that the ordinance not take effect until January 1, 1973 to provide an opportunit to study the realignment of the budget. Mr. Joseph Guentert complained that this public hearing was held at the same time as the public hearing by the School Board and said that many governmental meetings are held in conflict with one another so that interested citizens cannot attend all of the meetings. He said that the bureaucratic, appointive system of government is removed from the participation of the people. Mayor Miller spoke again for the ordinance. He said that the ordinance would not affect city and county elected officials. He said that the Council had studied the ordinance and made recommended changes, and that the state law now provides for the cabinet style of government in South Bend. He said that the two new positions being created would not involve additional costs as they would make cuts in other departments to fund these. He said that the new restructuring will result in economy and in better service to the community. The Council would have to approve any additional money. Mr. William Richardson, City Engineer, answered a question raised about three assistant engineers hired in his department. He said that it was merely a matter of realigning of titles and respon- sibilities and was possible within his existing budget. Councilman Nemeth said that the proposed ordinance, on page four, calls for the director of each department to prepare and submit a report for the preceding fiscal year. He asked if this in- cluded the Water Works. Mayor Miller answered that this would apply to every department of government, including the Water Works. - Councilman Horvath asked if Stanley Ladd was speaking for the unions or for himself. Phil Crone, Chairman of the UAW -CAP Council, said that the CAP Council had taken no action on the ordinance, but had asked the Council for a 30 day delay in voting on the ordinance. He said that they had met with members of the administration and had had their questions answered and were now retracti the request for the delay. Councilman Kopczynski asked the Mayor where cuts in the existing budget would be made to pay the additional expenses. Mayor Miller replied that the Controller was studying the budget and would decide where the cuts would be made. 15 REGULAR MEETING MAY 1, 1972 PUBLIC HEARING CONTINUED Councilman Serge asked the Mayor who would become the new Public Safety Director. Mayor Miller answered that he was sure they would find a qualified applicant for the position. Councilman Kopczynski asked if it is the feeling that a Human Resources Director is necessary could this be done by the City Council. Attorney Charles Sweeney said that there is no way to create the position of Director of Human Resources outside the cabinet bill. The enabling legislation calls for the entire cabinet bill. Councilman Newburn asked if the Council would have to approve the appointments to the cabinet positions. The answer was no. Councilman Szymkowiak sa::d that he is responsible to the citizens not the politicians. He said that he would like to do justice to the citizens and taxpayers and would recommend a city manager rather than the cabinet. He asked why we need a safety director. He said he thought it would be hard to get a public safety director with no experience as a policeman or fireman who could tell those departments how they should be run. He said we have a fine police chief and fire chief and other officers on the departments who are dedicated and can do the job. He said he knew the mayor's job was a big responsibility but that he is paid a good salary and has appointed men who can do the job and that he doesn't need someone to tell him how to run the city. Councilman Miller asked Police Chief Seals if there is any comprehensive plan for the Police Department for the future, in such areas as how to attack the crime problem and whether a Public Safety Director could make up such a long range plan. Chief Seals said that there is no such, plan now. His prime objective has been realignment of manpower. He will submit a plan in written form at a later date. Chief Seals said that he hopes to accomplish in the Police Department, in the next four years, a course for the department to follow. Councilman Miller asked Mr. Gillea if there really are federal funds lost or are they really city credits for present city programs. Mr. Gillea replied that they are city credits. Councilman Miller asked Mrs. Mutzl of the Fair Tax Association if she was in favor of the Director of Human Relations and Fair Employment Practices when it was created. Mrs. Mutzl said that she did not take a stand on that issue. Councilman Miller then asked if she was in favor of creating the position of Director of Personnel and Purchasing. Mrs. Mutzl said that the position was originally created as Assistant to the Mayor and that she was not in favor of that position which later became the Director of Personnel and Purchasing. Councilman Miller asked Mrs. Mutzl if she would favor eliminating that position now. She replied that it has not been better for the city. Councilman Kopczynski asked Chief Bland if he thought the Fire Department educational program could reach more people through a Public Safety Director and whether such a Director could elim- inate hazards in high -rise buildings, etc. Chief Bland replied that there are two viable programs' in the safety education field -- the junior fire department and hospital evacuation teams to teach medical personnel evacuation procedures. He feels that the programs could be expanded to include a broader scope of the community, including senior citizens, blind, deaf, and crippled children. In these areas, a Public Safety Director could be very helpful. Councilman Kopczynski asked Chief Seals for examples where he would use a Public Safety Director. Chief Seals said that police administrators carry a terrific load and the pace has increased over the past years. A Public Safety Director could take over duties of administration and the police could apply them- selves to police matters. He feels we must free policemen for as much police work as possible. We need community relationships with citizens which police officers cannot give time to. Many matters could be taken care of by proper referral. The department is striving for professional- ism. There are 231 police officers and a policeman's basic responsibility is patrol. Councilman Kopczynski asked Mr. Gillea about federal fund losses and asked if anyone in the city administration is assigned to the duty of finding out about this now. Mr. Gillea said that a study must be made. There is no cost accounting system existing in the city today and that is a prerequisite before the city can attempt to recover some of the funds lost. Councilman Nemeth said that it is better to have tried to improve government and failed than not to have tried at all. Everyone is interested in good government and this bill cries out for a chance. He continued, "I do not claim it is the ultimate word or will solve all our problems but it gives some hope to improving local government. What can we lose by trying it out ?" Councilman Nemeth then moved that the ordinance go to the Council as favorable. Councilman Miller seconded the motion. Councilman Newburn said he would not accept the motion. The question was called and the motion carried by a voice vote. There being no further business to be considered before the Committee of the Whole, Chairman Newburn entertained a motion to rise and report to the Council, so moved by Councilman Nemeth. Secord ed by Councilman Taylor and carried. Time: 11:30 p.m ATTEST: CITY CLERK REGULAR MEETING - RECONVENED Be it remembered that the Common Council of Council Chambers in the Countym-City Building dent Nemeth presiding. REPORT OF THE COMMITTEE ON MINUTES the City of South Bend, Indiana reconvened in the on Monday, May 1, 1972 at 11:31 p.m., Council Presi- Your committee on the inspection and supervision of minutes would respectfully report that they have inspected the minutes of the April 10, 1972 regular meeting Of the Council and found them correct. They, therefore,recommend that the same be approved. /s/ Peter J. Nemeth /s/ Terry S. Miller Upon motion by Councilman Parent, seconded by Councilman Taylor, and carried, the report was accepted as read and placed on file. lq�36? REGULAR MEETING MAY 1, 1972 CITIZENS''REQUESTS - MISCELLANEOUS MATTERS Mrs. Velma Torzewski, 1802 Douglas Street asked the Council "What is the Park Department doing in Rum Village Woods ?" She said they have cut down 75 trees in the last few months in order to put in a ski slope. She said that residents of the area are very concerned and showed the Council members some of the many letters she has received and petitions asking that no more trees be cut. She said that this is a beautiful wooded area and should be preserved. Councilman Nemeth thanked Mrs. Torzewski for expressing her views. PETITION TO REZONE PROPERTY PETITION TO AMEND ZONING ORDINANCE We, the undersigned, do hereby respectfully make application and petition the Common Council of the City of South Bend to amend the zoning ordinance of said city as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at 18369 State Road #23, South Bend, Indiana. 2. The property is owned by -the Northwestern Mutual Life Insurance Company presently holds legal title to this property. However, the property is to be purchased by the Distillery, Inc., an Indiana Corporation during the month of May. 3. A legal description of the property is as follows: A lot or parcel of land in the Southwest quarter of the Southeast quarter of Section No. 31, Township No. 38 North, Range No. 3 East, bounded by a line running as`follows: vis: Beginning at the intersection of the South line of the North half of the Southwest quarter of the Southeast quarter of said Section 31, with the Westerly line of Indiana State Road #23 (also known as Edwardsburg Highway); thence North- easterly along the Westerly line of said Indiana State Road #23, a distance of 150 feet; thence northwesterly and perpendicular to said Westerly line of Indiana State Road #23, a distance of 130 feet to a point; thence Southwesterly and parallel with the Westerly line of Indiana State Road #23, a distance of 150 feet to a point; thence Southeasterly a distance of 130 feet to the place of beginning. 4. It is desired and requested that the foregoing property be rezoned from presently County land to "C" Commercial District Use and "At' Height and Area District. 5. It is proposed that the property will be put to the following use and the following building will be constructed: The intended proposed use of the property is for the operation of a package liquor store for retail sale. The present structure will be remodeled to facilitate this pur- pose. 6. Number of off street parking spaces to be provided: Eight (8) 7. Attached is a copy of: a.) an existing plot plan showing my property and other surrounding properties; b.) names and addresses of all the individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned; c.) site development plan. /s/ Charles Watson Secretary, The Distillery, Inc. 53233 Berwick Drive South Bend, Indiana 46635 Petitioners Petition Prepared by: James A. Roemer 1221 St. Joseph Bank Building South Bend, Indiana Councilman Parent moved that the petition be referred to the Area Plan Commission for their recommendation. Seconded by Councilman Miller and carried. IICOMMUNICATION FROM AREA PLAN COMMISSION Councilman Miller made a motion to waive the reading of the full report, seconded by Councilman Serge and carried. " The Honorable Common Council April 20, 1972 City of South Bend County -City Building South Bend, Indiana In Re: A proposed ordinance and site development plan of Robert F. and Barbara Reed to zone from "A" Residential to "B" Residential, property located at 1302 East Indiana Avenue, 1608 South Leer, 1712 South Leer, and 1614 South Leer, South Bend, Indiana. Gentlemen: The attached rezoning petition of Robert P. Reed and Barbara Reed was legally advertised April 8, 1972 and April 15, 1972. The Area Plan Commission gave it a public hearing April 18, 1972 at which time the following action was taken: "Upon a motion made by Dwight Miller, seconded by Kenneth Woods and unanimously carried, the petition of Robert and Barbara Reed to zone from "A" residential to "B" residential is returned to the Common Council with a favorable recommendation by the Area Plan Commission." ,1 12 REGULAR MEETING MAY 1, 1972 The deliberations of in arriving at the above and will be forwarded to report. HB:ld encl. ID the Area Plan Commission and points considered decision are shown in excerpts of the minutes you at a later date to be made a part of this Very truly yours, /s/ Howard Bellinger Howard Bellinger Executive Director LU Councilman Parent made a motion that the Ordinance referring to the above mentioned rezoning be set for public hearing on May 8th, legal advertising having been complied with. Councilman Horvath seconded the motion and it was carried. REPORT OF THE COMMITTEE OF THE WHOLE Council President Nemeth entertained a motion to waive the reading of the Committee of the Whole report, so moved by Councilman Parent, seconded by Councilman Horvath. The motion carried unanimously. ORDINANCES, THIRD READING ORDINANCE NO. 5389 -72 AN ORDINANCE ORDERING AND PROVIDING FOR THE SALE OF CERTAIN REAL ESTATE IN THE CITY OF SOUTH BEND, INDIANA, WHICH SAID REAL-.ESTATE IS OWNED BY SAID CITY FOR USE OF ITS PARK DEPARTMENT. (South Side of Ireland Road, West of Commercial Area at Miami) This Ordinance was given third reading. Councilman Taylor made a motion for passage of the ordinance, seconded by Councilman Szymkowiak. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth) 0 nays. ORDINANCE NO. 5390 -72 AN ORDINANCE REORGANIZING THE STRUCTURE OF THE EXECUTIVE BRANCH OF GOVERNMENT OF THE CITY OF SOUTH BEND, INDIANA. This Ordinance was given third reading. Councilman Miller made a motion for passage of the ordinance, seconded by Councilman Serge. Under discussion, Councilman Miller said that the Council had given much time to studying the ordinance and, at the same time, felt that they had made this much more difficult than it is. He said that in talking about changing our government system much was said about adding more people. He continued that it might not be necessary to add any additional executive people at all. Councilman Miller continued that, in his recent campaign, he learned that there are three major areas of concern among the citizens: crime, taxes, and the economy. A Public Safety Director might attack these problems from a different. viewpoint. This new restructuring does not have to increase costs. We will be subject to citizens pointing a finger later if this happens. A Director of Human Resources could investi- gate Federal programs we do not have here and bring some of them to South Bend. Councilman Nemeth asked City Attorney whether Councilman Miller could properly speak for the ordinance at this time. Mr. Sweeney said that it was his opinion that Councilman Miller had the floor and could speak. Councilman Miller continued that a lack of planning has been one of South Bend's problems. The Cabinet style of government could give quicker planning. The ordinance could provide more coordination in the Model Cities program. He said that he would be against appoint- ing a Safety Director in 1972. All the powers existing now would remain where they are. All budgets would come before the Common Council, including the Water Works. Also, an annual report will be required in each category. Council President Nemeth said that each Councilman, excluding the third district, could now speak. Councilman Serge asked Mayor Miller if the Public Safety Director would have the power to hire and fire. The Mayor answered that he would have the same power as the Mayor and the Board of Public Works and Safety have now. Councilman Parent spoke in favor of the reorganization ordinance. He said federally funded programs have worked for South Bend. The restructuring could add coordination and responsiveness. We could eliminate duplication of staff in some areas. Savings can be realized in some federally funded programs. He said he ran for the Council on a program of trying to solve the problems of the city. He said the Council could approve the ordinance and if they find it was a mistake, rectify it. Councilman Taylor said that he was for passage of the ordinance because it provided a better system than we have now. It is up to the Mayor to bring about improvement He said that he had not looked at the proposal in a partisan way but felt that the Republicans and Democrats were both playing a part in bringing it about. He would like to see more power returned to local government. The Council must live up to its responsibility to the citizens. Councilman Kop- czynski said that he is for progress. He questioned where the administration would find a man who could be helpful to such complex departments as the Police and Fire Departments. He said that he felt the ordinance was not specific enough in regard to the Park Department. He said organizations have raised questions as to some points that are open in the ordinance and that could cause trouble in the future. Councilman Horvath said that he had come to the meeting to- night undecided about the ordinance but, after the Mayor's presentation, he felt they should give the Mayor a chance. He said the Councilmen have been receiving letters and telegrams asking them to delay their vote from local labor organizations, but since the labor spokesmen have with- drawn their request for a delay, he would be in favor of passing the ordinance. Councilman Newburn said that extensive studies have been made by the members of the Council. He said that he favored the concept but wanted to be sure that each section of the proposal was workable. He did not feel they had been given sufficient time to study. He said that he had doubts about the Director of Safety position. He said that taxpayers demand service from local government and he is not sure what this proposal will do for them. The Ordinance passed by a roll call vote of seven ayes (Councilmen Serge, Miller, Parent, Taylor, Horvath, Newburn and Nemeth) and two nays (Councilmen Szymkowiak and Kopczynski). REGULAR MEETING MAY 1, 1972 11ORDINANCES, FIRST AND SECOND READING II ORDINANCE AN ORDINANCE REGULATING VEHICLE PARKING TO PERMIT BETTER STREET CLEANING AND SNOW REMOVAL AND PRO- VIDING PENALTIES FOR VIOLATION THEREOF. This Ordinance was given first reading by title and second reading in made a motion that the ordinance be set for public hearing on May 22, man Taylor and carried. II ORDINANCE full. Councilman Horvath 1972, seconded by Council- AN ORDINANCE FIXING THE ANNUAL SALARIES FOR CERTAIN PERSONNEL OF THE ENGINEERING DEPARTMENT OF THE CITY, AND APPROPRIATING THE MONIES THEREFOR, AND FOR OTHER RELATED PURPOSES. This Ordinance was given first reading by title and second reading in made a motion that the ordinance be set for public hearing on May 22, Taylor and carried. II ORDINANCE full. Councilman Kopczynski 1972, seconded by Councilman AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA CERTAIN LAND (18369 State Road #23) This Ordinance was given first reading by title and second reading in full. Councilman Parent made a motion that the Ordinance be referred to the Engineering Department for their recommenda- tion. The motion was seconded by Councilman Kopczynski and the motion carried. City Attorney Charles Sweeney, Jr. told the Council that the legal description in the next pro- posed ordinance was exactly the same as in the annexation ordinance just read and, if the Council wished, they could dispense with reading the legal description. Councilman Parent made a motion that the clerk dispense with reading the legal description in the next ordinance. The motion was seconded by Councilman Taylor, and carried. II ORDINANCE 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, AS AMENDED. (18369 State Road 23) This Ordinance was given first reading by title and second reading in full. Councilman Taylor made a motion that the Ordinance be referred to the Area Plan Commission for their recommendation. The motion was seconded by Councilman Kopczynski and carried. 11NEW BUSINESS Mr. Ervin Derda, 2205 South Carlisle Street, commended the Council on their careful deliberation on the ordinance on restructuring of government. He said he thought that courtesy was the issue tonight. He felt that a member of the community was fluffed off when Mrs. Torzewski made her presentation regarding the cutting of trees in Rum Village Woods. Mr. Derda said that Mr. Seitz, Superintendent of the Park Department, was standing by the door while Mrs. Torzewski spoke but did not bother to come back to answer her question. He continued that he felt proper courtesy was not extended to Mrs. Torzewski and that she was owed an apology. He asked that Mr. Seitz get in touch with her. Council President Nemeth thanked Mr. Derda for expressing his views. Councilman Parent made a motion that the matter of the tree cutting be referred to the Committee on Parks and Recreation so that it could be given some deliberation. Councilman Newburn seconded the motion and it was carried. IlCouncilman Newburn said that he would like to read the following statement as a matter of record: WHEREAS, city government and its problems are presently complex and, therefore, require concentrated deliberation to make equitable decisions; WHEREAS, the 1971 Indiana General Assembly did pass and put into effect Public Law 250 which established home rule for cities to exercise any power that is not denied or preempted by any other law; WHEREAS, problems involving environment, the need for restructuring ancient city government, consumer protection, civil strife, and building a better city for South Bend residents will re- quire an in -depth review of issues; WHEREAS, the South Bend Common Council, though a representative of the people, is made up basically of laymen working as legislators on a part -time basis, and; WHEREAS, each of the Councilmen's background does not permit them individually to be experts in all of the numerous fields within which they are required to make decisions; IT IS HEREBY THEREFORE RESOLVED, that funds presently appropriated for the Common Council should be reviewed with the thought in mind that an amount must be diverted to employ at least part -time advisory help for investigating state statutes and performing research to provide objective and unbiased information on the numerous areas of concern so that the Common Council can make decisions which would be most appropriate for the benefit of South Bend residents. There being no further business, new or unfinished, to come before the Council, Councilman Taylor made a motion that the meeting be adjourned, seconded by Councilman Parent. The motion carried and the meeting adjourned at 12 :15 a.m. II ATTEST: CITY CLERK WA