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HomeMy WebLinkAbout09-26-77 Council Meeting MinutesREGULAR MEETING SEPTEMBER 26, 1977 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, September 26, 1977, at 7:00 p.m. Council President Roger 0. Parent presiding. The meeting was called to order, and the Pledge to the Flag was given. ROLL CALL PRESENT: Council Member Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Horvath and Parent ABSENT: Council Member Dombrowski Council President Parent welcomed the Cadet Government class from Washington High School. REPORT FROM THE SUB - COMMITTEE ON MINUTES Council President Parent read the following amendments to the August 29, 1977, minutes of the Council: Department of Human Rescources 362.0 Stationery & Printing changed to $100, 363.0 Other Office Supplies changed to $50: Police Department, Secretary II changed to $7,881: Fire Department, 7 Battalion Chiefs changed to $110,950 and 181 Engineers to $2,268,750. To the Common Council of the City of South Bend: Your sub - committee on the inspection and supervision of the minutes would respectfully report that it has inspected the minutes of the August 29, 1977 meeting of the Council and found them correct. The sub - committee, therefore recommends that the same be approved. /s /Roger O. Parent /s /Mary Chris Adams Council Member Taylor made a motion to amend the minutes of the August 29, meeting of the Council and they be placed on file, seconded by Council Member Adams. The motion carried. To the Common Council of the City of South Bend: Your sub - committee on the inspection and supervision of the minutes would respectfull report that it has .inspected the minutes of the September 12, 1977 meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. /s /Roger O. Parent Council Member Horvath made a motion that the minutes of the September 12, 1977, meeting of the Council be placed on file, seconded by Council Member Adams. The motion carried. Council Member Taylor.made a motion to resolve into the Committee of the Whole, seconded by Co Member Adams. The motion carried. COMMITTEE OF THE WHOLE 1 Be it remembered that the Common Council of South Bend met in the Committee of the Whole on Monda ", September 26, 1977, at 7:06 p.m., with eight members present. Chairman Frank Horvath presiding. BILL NO. 59 -77 A BILL AMENDING CHAPTER 5, ANIMALS, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. Council Member Taylor indicated that there still several areas that needed to be worked out on this bill. He made a motion that thepublic hearing and second reading of this bill be continued until October 10, 1977, seconded by Council Member Adams. The motion carried. BILL NO. 62 -77 A BILL AMENDING CHAPTER 9, GENERALLY KNOWN AS THE FIRE PREVENTION ORDINANCE, REGULATING AND SETTING STANDARDS FOR SAFEGUARDING OF LIFE AND PROPERTY FROM THE HAZARDS OF FIRE AND EXPLOSION ARISING FROM THE STORAGE, HANDLING AND USE OF HAZARDOUS SUBSTANCES, MATERIALS AND DEVICES, AND FROM CONDITIONS HAZARDOUS TO LIFE OR PROPERTY IN THE USE OR OCCUPANCY OF BUILDINGS OR PREMISES; SETTING STANDARDS IN DETERMINING THE ACCEPTABILITY OF INSTALLATIONS OR PROCEDURES, EQUIPMENT OR MATERIALS IN THE USE OR OCCUPANCY OF BUILDINGS OR PREMISES; PROVIDING FOR A FIRE BOARD OF APPEALS; PROVIDING FOR BONFIRE, TRASH OR RUBBISH FIRES; AND PROVIDING PENALTIES. REGULAR MEETING SEPTEMBER 26, 1977 REGULAR MEETING RECONVENED (CONTINUED) This being the time heretofore set for public hearing on the above bill, proponents and opponen were given an opportunity to be heard. Miss Kathy Cekanski, Council attorney, made the present tion for the bill. She said that after reviewing all the material submitted to the Council by Paul Bognar, the following amendment is being submitted to the Council for their approval: Amend Section 9 -4, page 3, by addition a new subsection as follows: (c) Article IV, Section 3802, Official Regulation No. 7, is amended by adding a new part as follows: 12. Notwithstand any other provisions of this regulation, the Chief of the South Bend Bureau of Fire, or his designate, shall require that all buildings or structures open to public use with either a floor or basemant area, or both, exceeding 1,500 square feet; or which exceeds two (2) stories in height, or both, be provided with NFPA approved automatic fire extinguishing system." Counc Member Taylor made a motion to accept the amendment, seconded by Council Member Kopczynski. Th motion carried. She said this bill basically serves two purposes, it would be the local fire code since the BOCA Basic Fire Prevention Code has been repealed by State statute; and it would provide for local enforcement.through the South Bend Bureau of Fire Prevention. She said this bill would be sent to the Administrative Building Council for their approval, and once approved by the ABC, it is then enforceable. She said if the ABC would not approve any section of this bill, the severability clause in .Section II would protect the remainder of the bill. Mr. Paul Bognar, 807 W. Washington, indicated that the amendment covered that he recommended. He said he felt the new buildings should be protected by sprinklers, as this cut down on fatalities as well as insurance costs.. Council President Parent thanked Mr. Bognar for the work he did on this bill. He made a motion to recommend this bill, as amended, to the Council favorable, seco. by Council Member Taylor.. Council Member Serge asked the Fire Department to follow -up to be sure all new buildings are sprinkled. Mr. Ed Szymkowiak, fire inspector, indicated they would follow -up on this. The motion carried. BILL NO. 125 -77 A BILL APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND BASNEY FORD, SOUTH BEND, INDIANA, FOR THE PURCHASE OF CERTAIN MOTOR VEHICLES IN THE TOTAL AMOUNT OF $12,673.67. This being the time heretofore set for public hearing on the above bill, proponents and opponen- were given an opportunity to be heard. Mr. John Stancati, Director of the Bureau of Water, madf the presentation for the bill. He indicated that the Bureau of Water was requesting these one-] ton pickups to replace certain vehicles. Council Member Kopczynski asked where these trucks woi be used. Mr. Stancati indicated one would be used by the shutoff man, another by the individual who collects daily exhibits of water, and the third will go to the superintendent of the Meter Reading Department. Council Member Kopczynski indicated that he would recommend that the .Water Works start looking into more economical vehicles to operate than trucks. Mr. Stancati indicated that he had requested cars from the Council approximately two months ago, and they needed good equipment to do their work. Council Member Kopczynski indicated that he felt small( vehicles could do the job. Mr. Stancati agreed that they could. Council Member Kopczynski said he would recommend to the Council that this bill be returned to committee until a report was received from Mr. Stancati on using smaller type vehicles. Mr. Stancati indicated he neede( these vehicles for the operation of his department. Council Member Adams indicated that the Council did not approve the request for cars because some of them felt that the Water Works could purchase used police cars. She said that Mr. Stancati has indicated to the Council that this would not be feasible. She said that if the Water Works would rebid for smaller vehicles, this bill could be amended. Council President Parent indicated that a bill was submitted for three cars and it was turned down by the Council, and now you are coming back to the Council for trucks. He said he would like the Council to purchase smaller cars, even smaller than Novas. He said he would be willing to keep this bill on the record so it could be amended to allow for the purchase of smaller vehicles. Council Member Miller asked if he had the bid on the cars. Mr. Stancati indicated he did not have theinformation with him, but he thought the amount was $9,000 plus. Council Member Miller said that maybe they could amend this bill to $10,000. Mr. Stancati indicated that the vendors were different. He said the bid on the cars was from Gates Chevrolet. Mr. Mullen, City Controller, indicated that the Board of Water ap- proved the bid to Basney Ford subject to funding. He said if they would go back and request smaller vehicles it would have to be open to bid again. Council President Parent indicated that they could still keep this bill before the-.Council, in order to eliminate another first reading. Mr. Mullen indicated the bill calls for Basney Ford and that might not be the vendor. Council Member Miller indicated they would change the vendor to Gates for an amount not to exceed $10,0( Mr. Mullen indicated he did not think they could do that. Council President Parent made a motic that they continue this bill until the next meeting, seconded by Council Member Kopczynski. No action was taken on this motion. Mr. Brunner, City Attorney, indicated that he did not think it was possible to amend the bill to substitute one car dealer for another. He said it was his feeling that they would have to file a new bill, in order for this to be legal. Council PresidE Parent made a motion to recommend this bill be stricken from the record, seconded by Council Member Kopczynski. No action was taken on this motion. Council Member Kopczynski indicated that the Council should be acting in a prudent manner and make certain they are spending money for the type of vehicles that are needed in service. Council Member Szymkowiak indicated that trucks give better service. He indicated he felt the Council should buy these three trucks. Council Member Horvath indicated that if it is cars that are needed, they should go back and bid for small cars. Council Member Adams asked if there was anyone they could switch to mileagE rather than have a marked car. Mr. Stancati indicated there was probably someone who could be switched. Council President Parent made a motion to strike this bill, and to instruct the Watel Works Director to come back with a bill for two vehicles, small, compact size, seconded by Council Member Kopczyski. The motion carried. BILL NO. 135 -77 A BILL APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND COLE ASSOCIATES, INC., SOUTH BEND, INDIANA, FOR A RENOVATION FEASIBILITY STUDY OF THE WATER WORKS BUILDING LOCATED AT 224 NORTH MAIN STREET, SOUTH BEND, INDIANA, IN THE TOTAL AMOUNT NOT TO EXCEED $3,500.00. 01 ed if d t REGULAR MEETING SEPTEMBER 26, 1977 COMMITTEE OF THE WHOLE MEETING (CONTINUED) This being the time heretofore set for public hearing on the above bill, proponents and opponent: were given an opportunity to be heard. Mr. John Stancati, Director of Public Works, made the presentation for the bill. He said the Water Works had been in this building since 1930. He said it has outlived its usefulness. He said they would like to have this Judy done to deter- mine it if was feasible to remain in the building. He said this study was needed, in that the maintenance on the building is become very expensive. Council Member Kopczynski indicated that Mr. Stancati, as manager of the Water Works, should know their requirements. He said in view of this, he felt that this $3,500 should not be spent for a feasibility study. He made a motion that this bill be defeated by Council, secon (ded by Council President Parent. Council Member Adams asked what repair had been done to the building. Mr. Stancati briefly covered the repairs that have been made, which totalled $10,000. Council President Parent indicated that the re- quest for money implies that there is a need that we are going to do something, either remodel the building, expand or build a new one, and this was the first he had heard that they were even contemplating such a thing. He said he was not contemplating building a new building, or expanding this one. He said they did not need to spend $3,500 for a study. He said an in- house study could be made, as the City had competent people who could accomplish this. Mr. Stancati indicated that he had asked the Engineering Department for help and they told him that he needed an architect. A roll call vote was taken on the motion and it passed by a vote of five ayes (Council Members Serge, Kopczynski, Adams, Horvath and Parent) and three nays (Council Members Szymkowiak, Miller and Taylor). There being no further business to come before the Committee of the Whole, Council Member Adams made a motion to rise and report to the Council, seconded by Council Member Kopczynski. The motion carried. REGULAR MEETING RECONVENED Be it remembered that the regular meeting of the Common Council of the City of South Bend re- convened in the:Council Chambers on the fourth floor of the County -City Building at 7:53 p.m., Council President Parent presiding and eight Council Members present. BILLS, SECOND READING BILL NO. 59 -77 A BILL AMENDING CHAPTER 5, ANIMALS, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. Council Member Miller made a motion to continue public hearing and second reading on this bill until October 10, 1977, seconded by Council Member Adams. The motion carried. ORDINANCE NO. 6230 -77 AN ORDINANCE AMENDING CHAPTER 9, GENERALLY KNOWN AS THE FIRE PREVENTION ORDINANCE, REGULARING AND SETTTING STANDARDS FOR SAFEGUARDING OF LIFE AND PROPERTY FROM THE HAZARDS OF FIRE AND EXPLOSION ARISING FROM THE STORAGE, HANDLING AND USE OF HAZARDOUS SUBSTANCES, MATERIALS AND DEVICES, AND FROM CONDITIONS HAZARDOUS TO LIFE OR PROPERTY IN THE USE OR OCCUPANCY OF BUILD- INGS OR PREMISES; SETTING STANDARDS IN DETERMING THE ACCEPTABILITY OF INSTALLATIONS OR PROCEDURES, EQUIP- MENT OR MATERIALS IN THE USE OR OCCUPANCY OR BUILDINGS OR PREMISES; PROVIDING FOR A FIRE BOARD OF APPEALS; PROVIDING FOR BONFIRE, TRASH OR RUBBISH FIRES; AND PROVIDING PENALTIES. This bill had second reading. Council Member Adams made a motion to amend the bill, as amended in the Committee of the Whole, seconded by Council Member Taylor. The motion carried. Council Member Adams made a motion to pass the bill, as amended, seconded by Council Member Kopczynski. The bill passed by a roll call vote of eight ayes. BILL NO. 125 -77 A BILL APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND BASNEY FORD, SOUTH BEND, INDIANA, FOR THE PURCHASE OF CERTAIN MOTOR VEHICLES IN THE TOTAL AMOUNT OF $12,673.67. This bill had second reading. Council Member Kopczynski made a motion to strike this bill, seconded by Council Member Adams. The motion carried, with Council Member Szymkowiak opposing. BILL NO. 135 -77 A BILL APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND COLE ASSOCIATES, INC., SOUTH BEND, INDIANA, FOR A RENOVATION FEASIBILITY STUDY OF THE WATER WORKS BUILDING LOCATED AT 224 NORTH MAIN STREET, SOUTH BEND, INDIANA, IN THE TOTAL AMOUNT NOT TO EXCEED $3,500.00. Council Member Kopczynski made a motion to defeat this bill, seconded by Council Member Adams. The bill was defeated by a roll call vote of five ayes (Council Members Serge, Kopczynski, Adams Horvath and Parent) and three nays (Council Members Szymkowiak, Miller and Taylor). Council President Parent asked that a copy of the minutes relating to the Water Works be sent to Mr. Stancati, in order that he will understand how the Council feels on these matters. RESOLUTIONS RESOLUTION A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND SUPPORTING THE COMMITMENT OF PUBLIC SECTOR RESOURCES TO THE CONTINUED DEVELOPMENT AND REVITALIZATION OF SOUTH BEND'S CENTRAL BUSINESS DISTRICT. A public hearing was held at this time on the resolution. Mayor Peter J. Nemeth indicated that HUD had sent a letter requesting that certain items be presented before they would allow the City to have 2.1 million in urgent need money. He said these resolutions were filed with the id of complying with their requirements. REGULAR MEETING SEPTEMBER 26, 1977 REGULAR MEETING RECONVENED (CONTINUED) He said it was his understanding that the Council believed an agreement should be reached, and as of this time there was no agreement. He said he would request that each of these resolutions be continued until Thursday. Council Member Adams asked if they should have a special meeting o continue this meeting, due to legal requirements. Mayor Nemeth indicated the Council has the right to set a regular meeting at any time they decide. Council President Parent indicated that this meeting should be continued until Thursday, September 29. Council Member Miller indicated these resolutions do not refer to the agreement with the developers and all three must be addres by the Council whether or not we go ahead with a mall project. He said it was his feeling that the Council could act on.these resolutions tonight. Council President Parent indicated that since the Mayor feels there may be an agreement by Thursday, we should continue public hearing. Council Member Kopczynski made a motion to continue the public hearing until Thursday, September 29, at 4:00 p.m., seconded by Council Member Serge. Lillian Stanton, 919 Oak Ridge, indicated she thought the meeting time should be set when the public can come. Mr. Tim Woods, attorney for the downtown merchants, asked if anyone had considered whether or not what the Mayor and the developers are doing is legal. He asked if they could reach an agreement with the developers contrary to HUD requirements. Miss Barbara Schankerman, 1619 Rockne,, indicated that the majorit of the public here are business people and they cannot lock up their business. Council Member Adams indicated there was no negotiation on the sale of the land. She asked the Mayor the scope of the negotiations. Mayor Nemeth indicated that the Redevelopment attorney is in the process of handling this and the City will not do anything that will violate the law. Mr. Kevin Butler, Redevelopment attorney, indicated they are not negotiating the purchase of the property. He sai the discussions have centered around the developer's proposal, which in form is a letter of inte A roll call vote was taken on the motion to continue public hearing until Thursday, September 29 at 4:00 p.m., the motion failed on a vote of three ayes (Council Members Taylor, Horvath and Parent) and five nays (Council Members Serge, Szymkowiak, Miller, Kopczynski and Adams). Council Member Miller made .a motion to recess, seconded by Council Member Adams. The motion carried and the meeting was recessed at 8:11 p.m., and reconvened at 8:26 p.m. RESOLUTION RESOLUTION A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SUPPORTING THE COMMITMENT OF PUBLIC SECTOR RESOURCES TO THE CONTINUED DEVELOPMENT AND REVITALIZATION OF THE SOUTH BEND CENTRAL BUSINESS DISTRICT. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO THE UNITED STATES GOVERNMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, ; AN APPLICATION FOR COMMUNITY.DEVELOPMENT FUNDS UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974. A public hearing was held at this time on all three resolutions. Council President Parent annou they would have one -half hour of public hearing, and then he would entertain a motion to continue public hearing until Thursday, September 29, at 4:00 p.m. Mr. Tim Woods, attorney for the down- town merchants, indicated that the conditions the developers have placed on their participation in this mall were in part illegal. He said the developers were asking the City to build the common areas of the mall, and he did not think the City has that power. He said with regard to the negotiations he thought they were talking about price, because there was one of the items contained in Mr. Chandler's letter. He said the developers are not only talking about price, but also what City is going to provide, and if they are talking about this, then they are acting in an illegal manner. He said that with regard to the resolution that has been passed by Re- development he thought that the procedure followed has been contrary to statutes. He said that everything that has been done to date has been contrary to statutes. Mr. Douglas Kline, 63551 Miami, owner of Powers Discount, read the following statement: "I am speaking now as a re- presentative of The South Bend Revitalization Committee. At the Tuesday evening, September 20th 1977, Council Caucus, I informed this Council that The South Bend Revitalization Committee had many questions regarding the proposed mall. Council President Roger Parent asked for these questions to be submitted in writing. Representing The South Bend Revitalization Committee, I submit this written list to you now. I ask that my statement and the memo I am about to read be made a part of the official record." "September 26, 1977, To: Common Council, % Mr. Roger Parent,.President. From: The South Bend Revitalization Committee: As per the statement made to the Council on Tuesday evening, September 20th, 1977, the following questions concerning the proposed Century Malli.are hereby submitted: 1. Does the South Bend Urban Observatory Study (Citizen Attitudes Survey) indicate that a mall of this magnitude, necessitating destruction of many sound buildings, is required or desired by the community? 2. Did this survey indicate that tax money of $10,000,000 (10 million) or more should be spent for this proposal? 3. If this survey stresses a need for more parking and a larger variety of stores, is the Century Mall AS PLANNED what the people actually want? 4. Rather than imposing their.conclusion and plan ipso facto, why did the City Administration take the position that the Century Mall pro- posal, requiring the destruction of sound buildings, is the only solution? 5. Why were alterna suggestions and plans not solicited from the public and other interested parties? 6. Is the City Council and the public aware of the financial contributions that.Government (public funds) must make towards this PRIVATE venture: (a) Cost of acquiring all remaining Downtown buildings in the proposed mall area.. (b) Cost of relocating existing buisness. (c) Cost of demolition to provide clear land in the heart of South Bend. (d) Cost of constructing all walkways and public areas including the roof thereof. (e) Cost of providing heat, air conditioning and vent tion in the mall public areas. (f) Cost of providing benches, planters, curtains, etc., (what extent is etcetera ?) -and the landscaping. (g) Cost of maintenance and security in the mall and parking garages. (h) Cost of building a parking garage adjacent to the mall and the cost of providing three hours of free parking in thenew garage as well as in the existing parking garage at Jefferson and St. Joseph Streets. (i) Cost of the loss of revenue in the Jefferson Street Parking Garage and the probable loss of parking meter income. (j) Cost of the loss of tax revenue during the construction period. (k) Cost of the loss of property tax revenue for five years due to the statutory tax reprieve the new mall would receive. 7. At what stage will the investors become fully obligated to build the mall? 8. In the eventthey fail to build the mall (which could occur for various economic reasons and unforseen contingencies), what would be their penalty? 9. If the land were to be cleared and the mall could not be completed, what contingency plans has the City made? 10. Is it not a fact that more jobs would be lost Downtow than would be created by the new mall? There are many more vital questions, financial and technical in nature, that could be subsidiary to the above ten questions. More detailed studies must be made before the final decision is reached regarding Century Mall. Signed: Barbara Sue Schankerman, Douglas E. Kline, Edgar E. Wertheimer, representing The South Bend Revitalization Committee." Council President Parent indicated the questions raised were very good ones. t 0 ed REGULAR MEETING SEPTEMBER 26 1977 REGULAR MEETING RECONVENED CONTINUED) Miss Barbara Schankerman, 1615 Rockne, presented a petition with 2,100 signatures. She read the following statement: "My position regarding the proposed Downtown mall is well known: I support the concept of a revitalized Downtown. I firmly believe this revitalization can be accomplished WITHOUT the tearing down of sound buildings. Therefore, I strongly oppose the demolition of sound buildings to make way for the proposed mall. Also, I oppose publicly financed construction and maintenance of parking garages for the proposed mall. It has been my impression that the recommendations of the Redevelopmen- Commission are a prime consideration as this Council makes it decisions regarding this proposed mall. Therefore, I feel it is im- perative that I tell this Council about the Redevelopment Commission's passing of Resolution 541. Allow me to quote from the statement I presented to the Redevelopment Commission on September 16th, 1977: 'I strongly object to your passing of resolutions without making them public prior to your vote. Passing resolutions without making them public prior to your vote does not allow a citizen any time to prepare and file a remonstrance.' Yesterday, at approximate 4:30 p.m., I requested from the Redevelopment Secretary a copy of the three items - two resolu- tions and an agreement - on the Redevelopment Commission's agenda that concern the proposed Downtown mall. The Secretary explained to me that these documents were still at the lawyers and, hence, were unavilable. She went on to say, after I questioned her, that the Redevelopment Commissioners, also, will not have read the documents prior to commencing the meeting. These items are very important governmental business. They concern the proposed Downtown mall project The documents explaining these items in detail should have been available to the public several days before the scheduled vote. The public has the right to scrutinize if it so desires. You Commissioners have a responsibility of voting intelligently and in the best interests of the citizenry. No one can make a sound decision by glancing at the documents for the first time a few minutes before the vote. You should get and study copies of all resolutions, agreements, etc. in advance of the voting day so that you can be prepared for your vote. Regardless of the legality of not having the resolution available to the Commissioners, the press, and concerned citizens until just before the vote, not having the resolution available for the public's in- spection is BAD politics. It suggests to me "What are they trying to hide ?. As to the answers I received from the Redevelopment Commission, please note the following quote from the Minutes of this Redevelopment Commission Meeting: 'Ms. Schankerman asked to see the legal verification that states that it is not proper to have anybody able to see the resolution prior to vote, this was the purpose of her statement and the answer she wanted to hear. Mr. Brownell told her that he did not believe we are required to prepare resolutions in advance, that the resolution was in Mr. Butler's office and he did bring the resolution in question into this office prior to the beginning of this meeting. The members of the Commission were fully aware of the at- torneys working on this resolution. Mr. Butler also answered Ms. Schankerman's question by stating that there is no requirement under the "sunshine law" or any other law that requires resolutions be made available prior to the meeting.' "Mr. Kline asked how could the commission vote affirmative on this resolution without having seen the resolution prior to its vote this morning. Mr. Nimtz replied that this is possible because of the great confidence held in the legal counsel of this Commission. And also: Mr. Butler is speaking. Anderson is a respected attorney in town. As far as the resolution is concerned it was not unavailable for any reason other than it had not been prepared ... Mr. Anderson interrupted by saying that "perhaps if pre- paration takes that long there should be a delay in bringing it before the Commission and afford the public an opportunity to hear it. Mr. Butler added that when the item was under discussion by the Commissioners, when the people from the audience had an opportunity to discuss the res- olution... Mr. Anderson interrupted... "Mr. Butler if it takes you until the last minutes to prepare the resolution, how long do you think it takes layman to inquire into the meaning of its legality, its pertinence do you think it will take them 30 seconds ?... Mr. Butler answered No, the Resolution was available about 15 minutes before the meeting. Specifically, regarding Item 4c of Attachment A to the Resolution - Hud's requirement that the South Bend City Council agree to cover any cost overruns to the extended project from Block Grant Entitlement alloca- tions and Section III of the Resolution with the agenda number 9A that so provides: I quote from the Minutes of this SEptember 16th, 1977 Redevelopment Commission Meeting. Mr. Anderson asked if there was any guarantee that involved the City of South Bend to make up any deficits thi might arise? Mr. Brownell added that he didn't think so...Mr. Anderson added that "while you may not think so, Mr. Brownell it is not a fact that if this program goes through, the City has to guarantee to make up any deficits and over -costs of the project? Mr. Brownell answered you are talking about another thing, we are talking about the close out of Project R -66, a Section 112B Financial Settlement." Mr. Anderson asked what were the previous over -runs on our earlier projects the City had to pick up? Mr. Brownell didn't know of any. Mr. Anderson said, you don't know of any, would an audit reveal such costs? Mr. Brownell said an audit would. Mr. Anderson said, were you ever audited? Mr. Brownell said we have to have an audit every two years. Mr. Anderson asked, were you ever audited specifically for the purpose of determining the costs that the City had to pick up? Mr. Brownell added that if there were, the audit would reveal it. Mr. Anderson asked if those records existed, are they available to the public? Mr. Brownell said yes they existed, and he did not know if they would be public informa tion. Mr. Anderson said if I asked for them would you refuse to let me see them. Mr. Brownell said he did not know the answer to that. Mr. Anderson said I would constitute that to be a refusal if you don't know the answer. Mr. Brownell said you can constitute anything you want I don't really care what you constitute. Mr. Anderson said I know you don't really care. Mr. Brownell added he didn't like Mr. Anderson's attitute. County Councilman Chris Overgaard summed it up quite well at that meeting: Now if we operated our County government in the same manner as this whole procedure is handled, then you better throw me out of office. As you consider the recommendations of the Redevelopment Commission, think of how they conduct the business before them. The absence of binding commitment forcing the developers to build if the City acquires and.clears the land frightens me. As was so aptly said in the South Bend Tribune editorial yesterday: Before more downtown buildings .are razed to make room for Century Mall, Redevelopment should have written assurance backed up by a substantial surety payment from the developers that they not only will purchase the newly cleared property from Redevelopment, but will proceed to build the mall within a relatively brief specified time period. Interestingly, Mayor Nemeth once held this view too. I quote from May 4, 1975, South Bend Tribune. Councilman Peter J. Nemeth, seeking the Democratic nomination for mayor, Saturday presented a four -point plan for "emergency interium relief "in the downtown. He called for a firm legal commitment such as a performance bond from First Bank and Trust Co. for its proposed downtown development. Also Associates.give the Redevelopment Commission a letter of credit for $160,000 when the corpora- tion announced its plans. Nemeth said Associates tied up the land for the proposed Superblock at the north end of the plaza for two years, yet Associates may not have to forfeit the $160,OOOI and: Many downtown merchants, Nemeth continued, are troubled by the lack of accessibility to the city administration. REGULAR MEETING SEPTEMBER 26 1977 REGULAR MEETING RECONVENED (CONTINUED) The lack of facts, figures, and plans regarding the proposed Century Mall concerns me, Janet Allen said it so aptly in her letter to the Voice of the People on September 24, 1977. Having attended a meeting called by the city council in order to further discuss the proposed Century Ma11, I find the council is seeking information which seems not to be available. I find it verl difficult to believe that eight or ten astute businessmen with money to invest would commit themselves to the financing of a proposal which, according to their attorney, has no plans, no drawings, no idea as to when, what, or how the proposed Century Mall would be accomplished: After these enlightened remarks the developers left the meeting as per their agreement with the council that they not be asked any questions by the general public. What kind of discussion would you call that? Summarily, I insist that: Sound buildings be retained. The affected businesses be allowed to continue. Our downtown be saved! I ask that this Common Council vote NO on the three resolutions regarding the proposed Century Mall. I ask that this statement be made a part of the official record.' Mrs. Patricia Hughes, 1714 LaSalle St., manager of Lane Bryant, read the following statement: "Patricia Hughes, 1714 East LaSalle Avenue, South Bend, Indiana. Manager.of the Lane Bryant Store 131 South Michigan Street, South Bend, Indiana speaking as a concerned citizen and not for Lane Bryant. There are many question: that have been left unanswered concerning the construction of the proposed Century Mall which makes one wonder whether they go unanswered because the answer is not known or whether to answer them would in effect be a detriment to the development of Century Mall. This speaker is a member of the South Bend Revitalization Committee promoting the revitalization of our Downtown, and seeking alternatives apart-, from the demolition of sound buildings and the des- truction of businesses that have weathered all of the setbacks of downtown and are at present time doing good and substantial business. Our Mayor Peter J. Nemeth has aksed why no one has presented an alternative before this time. Is this not a duty of City Officials to provide leadership and surround themselves with people of expertise including not only developers and financiers but also merchants who have the expertise in merchandising and marketing. Mr. Al Candler has stated that South Bend and the Midwest are for the most part made up of people in one particular occupation. It is in deed a fact that in this area we have a wealth of knowledge and experience that the City Officials could draw upon, architects, engineers, market- ing and merchandising people to name a few. At the August 19th, 1977, meeting of the Redevelop- ment Commission, this speaker asked whether or not there had been communication with the Utility Companies concerning the proposed Century Mall. Under Michigan Street in the 100 and 200 block: South are a network of utilities, telephone, electric and gas. The answer to this question was yes, of course, and Michgian Street in the 100 block South will become the main floor of the Mall. There happens to be a five ton transformer which is an integral part of the electric utility system buried under the sidewalk in the 100 block south in front of the Lane Bryant Store. In order to move this transformer or any other it would require a huge crane to remove the concrete slab covering- the transformer. What do you think that would do to the floor of the enclosed mall, if by chance a crane could be brought through the entry wall. The questic was also asked if it were not true that these transformers contain flamable liquid. The answer was no. An expert in this field has advised the South Bend Rebitalization Committee that they do indeed contain a flamable liquid (a petroleum base mineral oil) and only other liquid used for this purpose is an askereal liquid containing PCB which has been outlawed.by the environmeni protection agency. At the same meeting this qDeaker asked whether a feasibility study had been done concerning the energy consumption for Century Mall. Will the mall not require a greater amount of energy considering the heating in winter and the cooling in summer? Energy consump- tion and conservation should be.foremost in the minds of responsible public officials. The ansi to this question was "We had not thought of that" I ask that this statement be made a part of 1 official record." Council Member Taylor made a motion to continue public hearing on these thre( resolutions until September 29, at 4:00 p.m., seconded by Council Member Horvath. The motion carried. BILLS, FIRST READING BILL NO. 142 -77 This bill had first hearing and second carried. BILL NO. 143 -77 This bill had first hearing and second carried. A BILL TRANSFERRING $500.00 FROM ONE ACCOUNT TO ANOTHER WITHIN THE DISCOVERY HALL BUDGET IN THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. reading. Council Member Serge made a motion to set this bill for public reading October 10, 1977, seconded by Council Member Adams. The motion A BILL TRANSFERRING $41,000.00 IN THE GENERAL PARK FUND. TRANSFERS ARE BEING MADE IN VARIOUS BUDGET CLASSIFICATIONS WITHIN THE GENERAL PARK FUND. reading. Council Member Adams made a motion to set this bill for public reading October 10, 1977, seconded by Council Member Serge. The motion BILL NO. 144 -77 A BILL 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. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading October 10, 1977, seconded by Council Member Serge. The motion carried. BILL NO. 145 -77 A BILL DESIGNATING AND ESTABLISHING AN HISTORIC LANDMARK UNDER ORDINANCE NO. 5565 -73, AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND. This bill had first reading. Council Member Adams made a motion to refer this bill to Area Plan, seconded by Council Member Horvath. The motion carried. 1 v REGULAR MEETING SEPTEMBER 26, 1977 REGULAR MEETING RECONVENED (CONTINUED BILL NO. 146 -77 A BILL APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THERE OF PER - TAINING TO QUO VADIS, INC. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading October 10, 1977, seconded by Council Member Taylor. The motion carried. BILL NO. 147 -77 A BILL AMENDING CHAPTER 7, ARTICLE I OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY THE AD- DITION OF SECTION 7 -15(a) ENTITLED "DISCLOSURE OF CONTRIBUTIONS." This bill had first reading. Council Member Kopczynski made a motion to,set this bill for public hearing and second reading October 10, 1977, seconded by Council Member Adams. The motion carried, with Council Members Szymkowiak and Miller opposing. BILL NO. 148 -77 A BILL AMENDING VARIOUS SECTIONS OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND PERTAINING TO PENALTIES FOR VIOLATIONS. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading October 10, 1977, seconded by Council Member Taylor. The motion carried. BILL NO. 149 -77 A BILL AMENDING CHAPTER 2, ARTICLE 4 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND BY THE ADDITION OF SECTION 2 -28 ENTITLED ANI- NEPOTISM. This bill had first reading. Council Member Kopczynski made a motion to set this bill for public hearing and second reading October 24, 1977, seconded by Council Member Taylor. The motion carried. BILL NO. 150 -77 A BILL AMENDING THE GOVERNING RULES AND REGULATIONS OF THE LEGISLATIVE BRANCH OF THE CITY OF SOUTH BEND, CHAPTER 2, ARTICLE I, ENTITLED "THE COMMON COUNCIL ", OF THE MUNICIPAL CODE. This bill had first reading. Council Member Adams made.a motion to set this bill for public hearing and second reading October 10, 1977, seconded by Council Member Horvath. The motion carried. BILL NO. 151 -77 A BILL AMENDING CHAPTER 14.5 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY THE ADDITION OF ARTICLE 2 ENTITLED "ACQUISITION OF REAL OR PER - SONAL PROPERTY BY THE CITY." This bill had first reading. Council Member Horvath made a motion to set this bill for public hearing and second reading October 10, 1977, seconded by Council Member Adams. The motion carried. UNFINISHED BUSINESS Report from Area Plan - Historic Preservation - 701 Portage. Report from Area Plan - 812, 828 E. Washing_.& 111 S. Notre Dame. Report from Area Plan - 954.3' west of Miami on Ireland Road. Council Member Kopczynski made a motion to set the appropriate bills for public hearing and second reading October 24, 1977, seconded by Council Member Horvath. The motion carried. NEW BUSINESS Sale of City -owned Property - 1032 DeMaude, 1540 W. Dunham, 922 Fuerbringer, 712 Hill, 729 W. Jefferson, 412 Ohio, 616 Scott. Council President Parent asked the names of the people interest( in buying this property. Mr. David Wells, manager of Design and Administration, indicated who was interested in purchasing this property. Council Member Adams asked if these were all small lots. Mr. Wells indicated the size of the lots. Council Member Adams made a motion to approve the sale of this property and use a City employee as appraiser, seconded by Council Member Serge The motion carried. Council Member Horvath made a motion to reappoint Mr. Frank Gootee to the TRANSPO Board of Directors, seconded by Council Member Adams. The motion carried. Council Member Miller made a motion to appoint Dr. Bruce Gobdell to the Human Rights Commission, seconded by Council Member Serge. The motion carried. Council Member Kopczynski indicated that inferior concrete was used in the paving of the 4900 block of West Sample. He said he would lik the Engineering Department to look into this situation. Mr. David Wells, manager of the Bureau of Design and Administration, indicated that the City Engineering Department was aware of the problem. Council President Parent asked Mr. Brunner, City Attorney, to research the negotiation sessions and how they fit into the "Sunshine Law ". Mr. Brunner indicated that if there was less than a majority of theCouncil present this would be the key point. He said he would like to discuss this with the Council attorney to be sure they are proceeding property. Council President Parent indicated they would like to have an opinion by Wednesday afternoon. Council Member Adam! made a motion to adjourn, seconded by Council Member Kopczynski. The motion carried. Council Member Adams made a motion to reconsider the vote on the last motion, seconded by Council Member Kopczynski. The motion carried. Council Member Adams made a motion to adjourn, seconded by Council Member Serge. The motion failed.