04-13-16 Special Elbel Committee Minutes

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Once the city decides to move forward, they will correct what needs to be corrected on the plat, then they will sign it and it becomes official. Councilmember Broden asked Council Attorney Cekanski - Farrand to explain the other municipalities that operate under similar statutes within the state of Indiana. Council Attorney Cekanski - Farrand first stated that she wanted to commend the committee for their work. There is a lot of information in Dropbox, and it is very commendable that we have one source to have access to all of it. Second Class Cities in Indiana have the option to operate under two separate chapters of Title 36 of the Indiana Code. Back in 1982 there was mandate from the Indiana General Assembly that you had to pass ordinances at the second class level to establish all of your various departments, bureaus and divisions by a certain date. This was very lengthy, and the title of the section that specifically incorporated which state law the City of South Bend would operate under, says adoption of applicable statute; it doesn't even say the Park Department. The City elected since 1982 to operate under this particular chapter of the state law. A small comparison of the governing law is on file in the City Clerk's Office. One of the common themes that came through the meetings you've had already, is whether or not we can be more creative in regard to getting more input from the public. When you look at how the boards are established, there is a difference on what option you have. The municipal board, like Mishawaka, has four (4) members that are appointed by the Mayor, they have to have an interest or knowledge about Parks and Recreation, and they have the same criteria that only two (2) members of the board can be of one political party, however they can also have outreach with regard to the library and the school corporation because of the joint uses for track and golf There is a difference between what state law you are opting on. The Second Class City common councils have the opportunity, because when you opt, you have to do it by ordinance through a public venue, and there is not a penalty to change at a certain time. Specifically Elkhart and Mishawaka have the authority to create advisory councils that work in keeping with the actual municipal board itself and they can also have special committees. They can be assigned specific topics, and they can also sit with the board and have discussions and debates, however, they do not have the opportunity to vote. That is a significant difference to the state law that South Bend is operating under. Some of the municipal powers given to both boards as far as the differences involved, for the Mishawaka and Elkhart situation, there are mandated specific recommendations and annual reports that go right to the Mayor and the Common Council each year. A similar opportunity for such sharing of information is not required by state law for South Bend. The section about the fifty (50) year lease, under my reading of the law, is that particular law only applies if the City of South Bend would have opted under Chapter 3, not Chapter 4. However, it is very specific with regard to sale, that it is an ordinance, my reading of the law, that would be required if there is any sale of the property and probably the best example of that is when property was sold for the Adam's High School extension. 11