06-28-76 Council Meeting Minutes

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REGULAR MEETING JUNE 28, 1976 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, June 28, 1976, at 7:00 p.m., Council Vice President Richard C. Dombrowski presiding. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL PRESENT: Council Members Serge, Szymkowiak, Taylor, Kopczynski, Adams and Dombrowski. ABSENT: Council Members Miller, Horvath and Parent. Council Member Taylor made a motion to resolve into the Committeee of the Whole, seconded by Co Member Kopczynski. The motion carried. COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on Monday, June 28, 1976, at 7:03 p.m., with six members present. Chairman pro tem Taylor presiding. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF SOUTH BEND, INDIANA, THROUGH ITS BOARD OF PUBLIC SAFETY AND THE SCOTTS- DALE MALL FOR THE DESIGNATION AND REGULATION OF FIRE LANES. This being the time heretofore set for public hearing on the a] ponents were given an opportunity to be heard. Council Member Safety Committee of the Council had met on this ordinance, and cept him, were taking the viewpoint that the police department responsibility, since this is private property', therefore, the recommendation on this ordinance. rove ordinance, proponents and op- Taylor indicated that the Public all members of the committee, ex- should not take on the additional committee makes an unfavorable Mr. Franklin Morse, president of the Board of PUblic Safety, indicated he did not have too much more to add to what was said at the previous public hearing. He said the Board feels strongly that there is a need for effective operation of the fire department in the Scottsdale Mall. He said it is the only real mall of its size in the community and there are a considerable number of people who shop there. He indicated that the Clerk of the Board had written to four cities in Indiana regarding this new legislation and found that none of them had enacted legislation on fire lanes for malls. He indicated that Fort Wayne had sent out inquiries to their shopping centers, but had not received a response. He said the mall employs five or six security officers and three are off -duty policemen and the enforcement would be implemented by these officers not the South Bend Police. He said it appears that implementation could be done fairly economically without jeopardizing police protection in other parts of the city. He said the state legislation indicates the fine is not to exceed $200, however, the Council coulc set the amount of fine up to the maximum. He said that because of the large number of people who come to shop at the mall they deserve the protection of the City in case of emergency. He said it was his personal feeling that the city's service should follow the public. Mrs. Jane Swan, 2022 Swygart, said she called the Mishawaka Police Department to see if they per- form this service for Town & Country and was told that they feel it is the responsibility of the people who are involved in the shopping center. She indicated she felt that the Scottsdale Mall wanted to keep good public relations and make the police department the bad guy when they enforce this, and if they want this type of protection they should provide it themselves, or have a con- tract with the City with some monetary consideration. Mr. Dennis Harney, 1828 Crestwood, representative of the Scottsdale Mall, indicated theywere look- ing for an agreement where they would have the authority to police their fire lanes and keep them open with their own staff. He said it was not their intention to call the police department ever time some one was parked in the fire lanes. He said they were only interested in protecting the people in the shopping center. Council Member Taylor inquired as to whether or not they could use off -duty policemen to police the fire lanes without this contract. Mr. Harney said without this contract they would have no legal means to make some one move their car. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, said that in the contract it says the City shall prohibit and the City shall enforce, and this wording is not too clear if the mall was going to use their own staff. He said he felt the contract should be reworded that the off -duty policemen, would do the enforcing. Mr. Harney said they would not be calling the City, however, these off -duty policemen, are representatives of the City. Mr. Morse indicated that was a different approach worked out by the mall. He said the mall does not have legal auth- ority to enforce these traffic lanes, and the off -duty policemen could arrest or impound the vehicles. He said the contract speaks of the obligation of enforcement involving the City, and perhaps the contract should be modified. Council Member Kopczynski and equipment of the City mallcperators have parked even enter the building. parties concerned and not at this time. said the police officer working in the mall is using the uniform, badge for his own private gain. He indicated there have been cases where the vans to promote merchandise in places where the fire department could no He said he thought the Council should concern itself by being fair to al a select group. He said he did not approve of this type of ordinance Council Member Adams said there were two reasons why the Council could not consider this favorabl She said the contract would have to be reworded so it is more definite who is going to do the en- forcing, and before we could enter into a contract the penalty ordinance must accompany it. She said she would recommend non - passage at this time. Council Member Taylor said it was too bad the Council was not notified of this change before this meeting, since there was a safety problem at the mall. He said we have state legislation that allows for a contract and the owners of the mall have asked us to enter into such a contract and it would seem to him that the City would have liability if we do have an occurence and the fire lanes are blocked. He said he would like an opinion from the city attorney on liability, since the mall has shown intent.