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9. DOWNTOWN REDEVELOPMENT (Cont'd the garages would be like a fence wall, and it would not be attractive to then. They wanted their shops and parking to be above their commercial stores. Under Indiana law that was not possible, as we cannot combine commercial with parking. We tried to get legislation to get that passed. This has been undertaken and passed by the Indiana Legislature for the par ing. This was initially the change - -this changed thEi land use. Parcel 4 -1 instead of the parking garage would be partly commercial. We would need land use for Parcel 4 -32 and Parcel 4 -31 would have to be bot parking and commercial. Mr. Butler said that any fault lies with us, and we assumed everyone knew the mechanics. Our assumption was erroneous and faulty. Ms. Derbeck, South Bend Tribune Reporter, stated that "I think there has beer some secrecy here. These things should be brought out in public. Com issioner Wiggins advised we have to deal with realistics. Peoples' ideas do change. To which Ms. Derbeck replied that as a result of those discussions they have been calling Associates consistently and were led to telieve the deal would go through. Mr. Brownell stated negotiations are not public negotiations; negotiations must be private. Com issioner Wiggins emphasized that in terms of development, there has to e a lot of variables; it is too complex not to. We all have to rec gnize that this is the type of things we have to deal with. Mr. Dan Caesar said that he has attended a lot of these meetings, and thal Mr. Schrager said a while back that HUD rejected the proposal. Mr. Schrager's response was that he didn't say that, and Mr. Caesar sta ted to refer to his remarks written down (leafing through pages), and the comment is '...that the staff was aware that it would not meet HUD requirements.' President Nimtz said he wanted to compliment Kevin Butler and Wayne Brownell in what they are doing and that he has great hope and trust in toth of them - -for the future of both Blocks 4 and 6, and that he wants to enlarge on this that it will take TRUST, CONFIDENCE, AND BELIEVING IN THE FUTURE! To which Mr. Butler added: "And questions and criticisms when you have it." Ms. Derbeck said that it should be stressed that the Commission should be ore open. Mr. Butler said his legal advice is that a new Letter of Credit not be obtained and the bid not be assigned, and that we simply consider the Riv r Bend Development group as prospective, interested developers for the Block 4 area. Mr. John R. Kagel, Executive Director of the Downtown South Bend Council, stated: "As a member of the public, all I can say is that you people- - again I pointed this out once before - -I think you are doing a great job, and you have our vote of confidence. A lot of people are involved in this. You are shouldering a lot of confidence and criticism, and °I wanted to ex- ten the compliment in what you are doing. - 39 -