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REQUT.AR MFRTING MAY 24, 1976
<br />Be it remembered that the Common Council of the City of South Bend met in the Council Chambers
<br />of the County -City Building on Monday, May 24, 1976, at 7:00 p.m., Council President Roger O.
<br />Parent presiding. The meeting was called to order and the Pledge to the Flag was given.
<br />ROLL CALL PRESENT: Council Members Serge, Szymkowiak, Miller, Taylor,
<br />Kopczynski, Adams, Dombrowski, Horvath and Parent
<br />ABSENT: None
<br />Council Member Taylor made a motion to resolve into the Committee of the Whole, seconded by Counci:
<br />Member Miller. The motion carried.
<br />COMMITTEE OF THE WHOLE
<br />Be it remembered that the Common Council of the City of South Bend met in the Committee of the
<br />Whole on Monday, May 24, 1976, at 7:06 p.m., with nine members present. Chairman Frank Horvath
<br />presided.
<br />ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN
<br />THE CITY OF SOUTH BEND, INDIANA THROUGH
<br />ITS BOARD OF PUBLIC SAFETY AND THE SCOTTS-
<br />DALE MALL FOR THE DESIGNATION AND REGULATION
<br />OF FIRE LANES.
<br />This being the time heretofore set for public hearing on the above ordinance, proponents and op-
<br />ponents were given an opportunity to be heard. Mr. Franklin Morse, President of the Board of
<br />Public Safety, made the presentation for the ordinance. He indicated this was a proposed agree-
<br />ment between the City and Scottsdale Mall, however, before the agreement could be binding it was
<br />necessary for an ordinance to be passed by the Council. He said the mall would designate the fire
<br />lanes and set up the signs, and the City would enforce the fire lane clearance through the police
<br />department, in order that the lanes would be clear for fire trucks in an emergency. He said the
<br />contract was renewable annually, with termination provisions by either party.
<br />Council Member Kopczynski asked what the fine would be for violation of the fire lane. Mr. Morse
<br />indicated there had been no regulation set, and that one would have to be passed. Council Member
<br />Kopczynski questioned how the police could enforce the fire lanes without regulations. Mr. Morse
<br />indicated that he assumed appropriate regulations would be effected. Council Member Kopczynski
<br />wanted to know if it would be in order for the Council to pass an ordinance mandating the lanes
<br />be open and leveling the fine. He also wanted to know why Scottsdale should be treated special,
<br />since he thought all shopping centers should be treated the same. Mr. Morse indicated that the
<br />problem with this type of ordinance is that this involves private property, and without a con-
<br />tract he did not think the City has the power to pass such an ordinance. Council Member Kopczynsk
<br />asked if the designation of fire lanes would affect the fire insurance rates for the mall. Mr.
<br />Joe Roper, attorney for the mall, said he would not be in a position to answer that question. Mr.
<br />Roper indicated that this was basically for the safety of the people of South Bend who use the
<br />mall. Council Member Kopczynski asked if there had been inquiries to establish fire lanes at other
<br />malls, and Mr. Morse said they had not received any other requests. Mr. Roper indicated that once
<br />the contract was approved then the Board of Public Safety could make a regulation as to the fine,
<br />or the Council would have the power in effect to establish a penalty. Council Member Kopczynski
<br />said he would like to get a written opinion from the city attorney's office on this.
<br />Council President Parent indicated that the South Bend Police Department might not have the time
<br />to enforce violations on private property, and the responsibilities of maintaining the fire lanes
<br />should be up to the owners and operators of the mall.
<br />Council Member Szymkowiak indicated he felt it was up to the management of the businesses in the
<br />mall to keep the fire lanes clear. Council Member Horvath wanted to know if the City would be
<br />liable, since this was a contract for protection of private property, if the police department did
<br />not enforce the regulations and the fire department could not get through. Mr. Thomas Brunner,
<br />City Attorney, said it would be his estimate that regardless of whether the City had a contract
<br />or not, the likelihood is the City would be joined in any suit. Council Member Horvath said he
<br />was sure the City was obligated to give fire service, but he felt there would be more of a problem
<br />with this contract. Mr. Brunner indicated that the question then would be whether the City in
<br />anticipation of a problem was willing to act in concert with the shopping center to help avoid it.
<br />The question of penalties for violation of the regulation, which you are discussing is, correctly
<br />addressed.
<br />Council Member Horvath asked if the mall had put up signs, and if so, were the signs not working.
<br />Mr. Morse indicated this had been a problem for some time. He said when this was referred to the
<br />Board he asked the fire and police chiefs if they would be able to handle the problem and they
<br />both indicated their departments could handle it.
<br />Council Member Adams indicated she did not feel the Council should put another law on the books
<br />they could not enforce. She said she thought the Council needed the "teeth" and agreement alto-
<br />gether, not separately. She called on Fire Chief Snider to give his views regarding the fire
<br />lanes. Chief Snider said the fire department was really responsible for this ordinance. He in-
<br />dicated that the mall has worked well with the department and met all requirements. He said that
<br />with this contract, the City can tow cars away at the owners expense. Council Member Miller
<br />said he noted this was a one year contract which is automatically renewed, but does have a cancel-
<br />lation provision. He said he would recommend that the Council approve this contract to proceed
<br />as the fire department wishes and ask the Board of Public Safety to provide the regulations that
<br />would be necessary to enforce it. Council Member Miller made a motion that the ordinance be re-
<br />commended to the Council favorably, seconded by Council Member Taylor. The motion was defeated
<br />on a roll call vote of four ayes (Council Members Serge, Szymkowiak, Miller and Taylor) and five
<br />nayes (Council Members Kopczynski, Adams, Dombrowski, Horvath and Parent). Council Member Parent
<br />made a motion that the ordinance be referred to the Public Safety Committee for further study,
<br />seconded by Council Member Dombrowski. The motion carried.
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