04-09-73 Council Meeting Minutes

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REGULAR MEETING APRIL 9, 1973 COMMITTEE OF THE WHOLE MEETING (CONTINUED) sharing ordinance. He also felt the same situation would work with the Civic Center Authority as with the Park Board. Mrs. Allen felt that these duties should come within the jurisdiction of the Controller. Mr. Roemer indicated that the Council desired to change the administering of the fund from the Department of Public Works to the Civic Center Authority. He felt that, when something was made that autonomous, what would be done about the accounting people, auditing people, etc. Councilman Kopczynski felt that the hearing on the revenue sharing ordinance for the Civic Center should be continued until after the Civic Center Authority was established in the following ordinance. There was a brief discussion about going on to the next item of business, after which it was decided to perhaps further discuss this matter in the second reading portion of the Council meeting. Councilman Miller then made a motion that the ordinance, as amended, go to the Council as favorable, seconded by Councilman Taylor. The motion carried. (Councilman Horvath opposed.) ORDINANCE AN ORDINANCE ESTABLISHING A CIVIC CENTER AUTHORITY. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Council President Nemeth briefly explained the reasons for the establishment of the Civic Center Authority and then made a motion to amend the ordinance as follows: In Section I, first paragraph, line 8, insert "not more than five of whom shall be members of one political party" immediately following the word "members ". In Section I, paragraph number 2, second line, delete "Mayor" and insert "Council ". In Section II, insert the following sentence in line 4 after the word "secretary." "Each of such officers shall hold office for a period of one year and until their successors are elected and qualified." In Section IV, insert the following as a fourth paragraph. "The Authority may also submit an annual budget to the Common Council in the same manner as city departments." In Section V, paragraph number 2, last sentence to read: "Any mortgages, loans or contracts in excess of $5,000 are subject to Council approval." In Section V, paragraph number 5, insert the following as the last sentence. "Said annual report shall be submitted to the Mayor and Common Council on or before the first day of March of the following year." In Section VI, strike the words "effective January 1, 1974." Council President Nemeth then briefly talked about the representatives of the Authority as set forth in Section I of the ordinance. He mentioned that five appointments to the Authority would be made by the Mayor and four would be made by the Council. The Authority would have control over the Civic Center, and he indicated that this would be something that would have to be changed as time goes on. He indicated that the Council did not want the Civic Center to be a political foot- ball. It would be a complex that would be around for a long while and would belong to the people and community and not the politicians. He mentioned that the city was not giving up complete authority in that any tax monies and a budget would have to meet the approval of the Common Counci as do the other city departments. He indicated that the Authority would have control over the private funds that are donated. Councilman Parent seconded the motion to amend the ordinance. Th motion carried. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, asked about the endowment fund, and Council President Nemeth indicated that the Authority would conduct its own public hearings on expenditures. Miss Guthrie asked if the budget would have to be presented as other budgets, and Council President Nemeth indicated that it would. Miss Guthrie wondered if a total picture could be realized regarding the funds if private funds were not included. Council President Nemeth indicated that it was hoped the private funds would not be mixed with the revenue sharing funds. Miss Guthrie indicated that originally, the project had started out as a private program not to be taken care of by the taxpayers. She wondered why there should be representative: on the Authority from 50 miles away. Council President Nemeth indicated that this was not manda- tory. Miss Guthrie mentioned that she was glad this would be coming up around budget time because she had reservations on how it would work. She expressed appreciation of the fact that there would be five appointments by the Mayor and four appointments by the Council. She asked where the city was given the authority to establish the Civic Center Authority. Council President Nemeth indicated that there is a provision for the establishment of the Authority. Mr. Robert Parker, Deputy City Attorney, indicated that this authority was given in the Cities and Towns Act of 1969, and Mr. Roemer also mentioned Burns Statutes, Sections 48 -1464 and 48 -2601. Mr. Lloyd Taylor, 55334 Quince Road, indicated that he was under the impression that the architect would be hired by the Civic Center Authority, and Council President Nemeth indicated he would be. Mr. Taylor indicated that, in that case, the Civic Center Authority would have to be created and set up before the architect is hired and he wondered about the time it would take to set up the Authority. Council President Nemeth indicated he hoped this would be as soon as possible. Mr. Taylor asked if the Mayor would have a time limit on the appointments he would be, making to the Authority. Council President Nemeth indicated that he could not speak on behalf of the Mayor and he also mentioned that the ordinance would take effect after the Mayor signed it. Mr. Roemer felt there was a legal question on the ordinance. He questioned the power the Civic Center Authority would have regarding the revenue sharing funds and felt that the ordinance would have to be re- published showing the change in administering the funds from the Department of Public Works to the Civic Center Authority. Councilman Miller mentioned that the Council has previously amended ordinances by title, and he mentioned to the administration that they better not ask the Council t' amend ordinances anymore. Mr. Roemer indicated that if the Council changed the ordinance to give control to another authority, it was doing something the public was not aware of. He asked Mr. Parker's opinion on this matter and indicated that he felt the Council should pass the ordinance as is, referring to the revenue sharing ordinance.. Councilman Parent suggested that discussion on