04-09-73 Council Meeting Minutes

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REGULAR MEETING . APRIL 9 1973 COMMITTEE OF THE WHOLE MEETING (CONTINUED) the revenue sharing ordinance be stopped and the ordinance creating the Authority be continued. He felt the Council could always come back to the problem of changing the title of the revenue sharing ordinance. Mrs. Allen mentioned that, in establishing the Civic Center Authority, it was mentioned that this would be non - partisan and the budget would come to the Council as other depart ment budgets would. Also, that if an amount in excess of $5,000 was spent, they would have to come before the Council. She felt this should be tabled until the Council could come up with an area -wide support of the ordinance. Council President Nemeth indicated that the Council was trying to do just that. He mentioned that the Authority can submit a budget for the Council's approval. He felt the Council was trying to get other people involved and provide representation for other groups. He also felt the Council would be remiss if control of such a large sum of money was given to the Authority. Mrs. Allen felt that the Civic Center should be totally inde- pendent and run by participating groups and the citizens. Council President Nemeth indicated that the Council was trying to set the Authority up similar to the Park Board because that has proven to be a satisfactory arrangement. Mrs. Allen asked if the Council has found any other civic cente complexes to be responsible to the city, its council and mayor. Councilman Newburn indicated that the other centers probably were not funded in part by revenue sharing funds. Mrs. Allen felt the Council should have control of the revenue sharing funds only and that those funds and private donations should be separated. Councilman Horvath asked Mrs. Allen if she was saying that the city should not have control over this even though the taxpayers were paying for it. Mrs. Allen indicated that a certain amount of money should be set up that the city can contribute and put a ceiling on it. She felt it would be up to interested groups and citizens to raise the rest of the money for the project. Councilman Horvath asked Mrs. Allen where the profit made, if any, would go, and Mrs. Allen felt the profit should go to improving the facility. Councilman Horvath felt the money should go back to the taxpayer. Councilman Horvath also brought up the matter of possibly more revenue sharing coming in'and what would happen if that was the case. Mrs. Allen felt the money had to be raised and supported by the people because the Civic Center would not be utilized unless it involved the people. Council President Nemeth mentioned that the land belonged to the city and the city is contributing money to the complex; therefore, he felt the city should have control over it. He added that, if the Civic Center makes enough money privately, it would i not be required to submit a budget'. Mr. Charles Lennon, Executive Director of the Department of Redevelopment, questioned changing the title on the revenue sharing ordinance because it effected a substantial change and this could not legally be done. Councilman Parent again suggested that the Council continue with the public hearing on the ordinance creating the Civic Center Authority rather than going back to the revenue sharing ordinance. Miss Fanny Grunwald, 227 South Frances Street, suggested that the Council table the ordinance as there was a great deal more to consider. Councilman Mille'r asked if the citizens would rather have this matter discussed behind closed doors or before the public. Mrs. Mary Leighton, 2912 Marine Street, indicated that the Michiana Art Council purchased the property and started this plan and many years had been spent on it. Mr. Roman Kowalski felt the ordinances had lost their image and they should go back to a committee for further study and another public hearing at some future date. Councilman Serge asked the Mayor how long it would take him to make the five appointments to the Civic Center Authority. Mayor Miller indicated that he was not in agreement with some of the appointments; however, his appointments would take a little time and he could not give the Council a definite time period in which he would have his appointments made. He further indicated that he disagreed with tabling the ordinance and that it should pass as originally prepared. He indicated that a delay would add to the total cost of the project. Councilman Szymkowiak recommended the Council take a 15- minute recess, and he felt, too, that the project would be injured unless the ordinances were taken care of at this time rather than tabling them. Councilman Horvath indicated that the ordinance on the revenue sharing funds for $500,000 was very crucial at this time, and he wondered why action couldn't be taken on that ordinance and the ordinances on the creation of the Authority and Endowment Fund be set aside for further study. Councilman Parent indicated that, originally the two ordinances had been brought together, and he felt that Councilman Horvath had a point. He suggested that the Council go along with the Mayor's recommendations at this time and come back later with the Council's recommendations after further study. He expressed concern on the legality of the ordinance on revenue sharing. Councilman Miller indicated that he had discussed with many people the method of making decisions as far as the architect, use planning, etc. The decision - making power is not clear cut and this has been a problem for the past three months. He felt that, if the establishment of the Civic Center Authori was not taken care of at this time, in the future there might not be the correct lines of communi- cation. He indicated that the city was dealing with an art center, museum, the Park and Recreatio Board, the South Bend Community School Corporation, and he did not think the Council and Mayor should have the right to speak for those bodies. He indicated that if the city hired the architec and did all the promotion, it would be a total political type of organization and he felt the creation of the Civic Center Authority was needed. He felt the City Attorney could make the ordinance work that way. Mr. Roemer indicated that he had given his opinion to the Council on the advertising of the title of the revenue sharing ordinance and, in regard to the ordinances on the Authority and Endowment Fund, he had no objection to the passage. He stressed the fact that the revenue sharing ordinance was needed now. Council President Nemeth felt the Council should proceed on with the ordinance at hand. Councilman Parent made a motion to refer the ordinance back to the Civic Center Committee for further consideration, seconded by Councilman Horvath. Council President Nemeth asked what was going to be accomplished by referring the ordinance back to committee. Councilman Parent felt the Council should move ahead with the other items on the agenda and move ahead with the revenue sharing appropriation because agreement had not been reached on the ordinance. Council President Nemeth asked why. all three ordinances should be delayed. Councilman Parent indicated that, by delaying the construction of the Civic Center, the total cost was being increased. He felt the Civic Center Authority could always be set up at a later date. Council President Nemeth expressed his feeling that this ordinance was also crucial. Councilman Parent indicated that the City Attorney had advised the Council on what to do. Council President Nemeth indicated that, in effect, the City Attorney was telling the Council they could not amend the ordinance. Councilman Taylor felt the Council should proceed and indicated that discussion should be had on the creation' of the Civic Center Authority now because the revenue sharing ordinance had already been recommend to the Council as favorable with the line item amendments and deletion of the reference to the Department of Public Works. The motion was defeated on referring the ordinance back to the Civic Center Committee. Councilman Newburn asked if debate was to be continued on the ordinance, and this was opposed. Councilman Miller then made a motion that the ordinance go tb.the Council as favorable, as amended by Council President Nemeth, seconded by Councilman Taylor. The motion carried. (Councilmen Parent and Horvath opposed.) :y