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Home My WebLink About10565-17 Approving an Interlocal Agreement between The City of South Bend and St. Joseph County ORDINANCE No . 10565-17 Passed by the Common Council of the City of South Bend, Indiana November 27, 20 17 Attest: City Clerk Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana November 28, 20 17 City Clerk Approved and signed by me Na[ b?r a 1 20 Mayor Bill No.�o ORDINANCE NO. 1 OJ LP 5" AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SOUTH BEND AND THE COUNTY OF ST.JOSEPH TO PROVIDE CITY MANAGEMENT RESPONSIBILITY FOR THE HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST. JOSEPH COUNTY(THE HPC)AND AMENDING CHAPTER 2 ARTICLE 4, SECTION 2-13,SUB-PART (B) (7)OF THE SOUTH BEND MUNICIPAL CODE TO INCLUDE THIS AS AN ADMINISTRATIVE FUNCTION OF THE DEPARTMENT OF COMMUNITY INVESTMENT STATEMENT OF PURPOSE AND INTENT On September 10, 1973 the City of South Bend(the City) adopted Ordinance No. 5565- 73 and on May 14, 1973 the County of St. Joseph(the County) adopted Ordinance No. 154-73, both of which ordinances mutually established the Historic Preservation Commission of South Bend and St. Joseph County(the HPC). The HPC's mission is to identify within the City and the County architecturally or historically significant buildings, structures, and objects, and to promote their protection and preservation in a manner that enhances human and economic welfare and that accommodates development and redevelopment in the City and the County. The City and the County have agreed and determined pursuant to the attached,proposed Interlocal Agreement(Exhibit 1)that it is in their respective best interest that the City assume responsibility from the County for the day-to-day management of historic preservation matters related to or that may come before the HPC. In accepting such management responsibility,the City is willing to accept the transfer to its employment of existing County staff positions consisting of two full-time positions and one part-time position serving the HPC by creating analogous positions within the City's Department of Community Investment. The County will reimburse the City on an hourly basis at an agreed rate for certain time expended by such staff persons performing work related to historic preservation matters outside the corporate boundaries of the City. The 2018 budget ordinance and the 2018 non-bargaining employee wage and salary ordinance recently approved by this Common Council (Ordinances Nos.10499-17 and 10546-17 respectively)have included and provided for the funds needed to pay for the HPC's operations, including but not limited to the costs of employees hired by the City to fill the staff positions serving the HPC during calendar year 2018. The Interlocal Agreement identified and approved by this ordinance (Exhibit 1) is authorized pursuant to Ind. Code §36-1-7,the Interlocal Cooperation Act, which provides that one or more governmental agencies may exercise jointly or by one entity on behalf of others, powers that may be exercised by such units severally. The transfer of the HPC management responsibility to the City's Department of Community Investment requires an amendment to The South Bend Municipal Code at Chapter 2,Article 4, Section 2-13, Sub-part(13)(7). Further amendments to the zoning provisions of the South Bend Municipal Code (Chapter 21, Article 13)are also required by this Interlocal Agreement,but these amendments will be undertaken separately because a different approval process is needed. It is desirable, advantageous, and in the public interest of the City to enter into this Interlocal.Agreement(Exhibit 1 hereto), and to amend the South Bend Municipal Code at Chapter 2,Article 4, Section 2-13, Subpart(13)(7). NOW,THEREFORE, be it ordained by the Common Council of the City of South Bend,Indiana,that: SECTION I. The Council hereby approves the Interlocal Agreement in the form attached hereto as Exhibit"1"by and between the City of South Bend and the County of St. Joseph for the City's management responsibility for the Historic Preservation Commission of South Bend and St. Joseph County, Indiana. SECTION II. Chapter 2, Article 4, Section 2-13, Sub-part(B) (7) shall be amended to read in its entirety as follows: Section 2-13.Departments established. (B). In addition to functions statutorily provided,the administrative functions of the departments of the City shall be as follows: (7) Community Investment Department (a) Redevelopment; (b) Community Development; (c) Housing programs; (d) Economic Development; (e) Planning; (f) Neighborhood development; (g) License issuance (h) Historic Preservation Commission SECTION III. This Ordinance shall take effect upon its passage by this Common Council and signature by the Mayor, conditioned]A se h County's executive and legislative approval of the same Interlocal Agreem �- Member, South Ben o on Council ATTEST: City Clerk Presented by me to the Mayor of the City of South Bend,Indiana,on the�Mday of fldyft w , 2017,at_��o'clock L-k .m. ze City lerk Approved and signed by me on the P"day of WP,M bPr , 2017,at_L_o'clock�. m. Mayor, City,> uth Bend, Indiana Filed in Clerk's Office 1st READING 1� PUBLIC HEARING «(�L�I L1 NOV 0 8 2011 3 rd READING NOT APPROVED 1 KAREEMAH FOWLER REFERRED CITY CLERK,SOUTH BEND,IN PASSED . 1 � _ ------ in Clerk's Office SOUTH U NOV 0 8 2017 PEACE az RARE fi AH FOWEER x x CITY CLERK,SOUTH REND,IN 1865 CITY OF SOUTH BEND COMMUNITY INVESTMENT November 8, 2017 Mr. Tim Scott, President South Bend Common Council 4t'Floor County-City Building South Bend, IN 46601 RE: Interlocal agreement on Historic Preservation Dear President Scott: This ordinance is one of two necessary Council actions to provide for a smooth transition of Historic Preservation Commission(HPC) staff from the County to the City, as planned for in the 2018 budget. This first ordinance, which needs to be passed before the end of the year, includes the Council's approval of the interlocal agreement between the City and the County and adds historic preservation to the duties of the Department of Community Investment(DCI). The second ordinance will make conforming amendments to the zoning provisions related to historic preservation and will follow the normal process through the Area Plan Commission. As you know,the HPC will continue to operate in service of the residents and property owners of the City and the County through this staffing transition. The mission of the HPC remains to identify architecturally or historically significant buildings, structures, sites, and objects; to promote the protection and preservation of the same in a manner that enhances both human and economic welfare; and to accommodate development and redevelopment in both the City and County. The interlocal agreement between the City and the County provides a clear path forward for the transition and provides for continuity of services, authorities, and designations, specifically: EXCELLENCE ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 1400S County-City Building 1 227 W.Jefferson Bvld.I South Bend,Indiana 466011 p574.235.9371 I www.southbendin.gov CITY OF SOUTH BEND I COMMUNITY INVESTMENT • All powers, duties, and responsibilities of the Historic Preservation Commission will remain intact. • Current staff members of the Historic Preservation Commission will be transferred from the County to positions under the City's DCI to support the work of historic preservation. They will be eligible for benefits and maintain their time off and years of service to the County for seniority purposes. • The HPC will continue to be composed of 9 appointees that serve its mission, and the nominating bodies for those appointees will remain the same. • Property related to historic preservation and previously owned by the County will be transferred to the City. • Dual Certified Local Government Status will be maintained, and both the County and the City will support future requirements to keep this status. • In 2018 the initial allocation of work for the unincorporated areas of St. Joseph County is 300 hours. If additional hours of work are necessary, further appropriation from the County will be required. Thank you for your consideration. I, along with representatives from the HPC staff, will attend the Committee and Council meetings to address any questions that you may have. Sincerely, J es Mueller Executive Director Department of Community Investment EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 1400S County-City Building 1 227 W.Jefferson Bvld.I South Bend,Indiana 466011 p 574.235.93711 www.southbendin.gov