HomeMy WebLinkAbout02-11-13 Agenda & Packet AGENDA
SOUTH BEND COMMON COUNCIL MEETING
MONDAY, FEBRUARY 11, 2013 7 : 00 P.M.
1 . INVOCATION - FATHER DAVE PORTERFIELD
2 . PLEDGE TO THE FLAG - TO BE LED BY THE GIRL SCOUTS OF
NORTHERN INDIANA, MICHIANA, UNDER THE DIRECTION OF JILL
LAFOUNTAIN, DIRECTOR OF ADVANCEMENT
3 . ROLL CALL
4 . REPORT FROM THE SUB-COMMITTEE ON MINUTES
5. SPECIAL BUSINESS
A. MAYOR' S ANNUAL ADDRESS TO THE CITY COUNCIL PURSUANT TO
SECTION 2-3 .1 OF THE SOUTH BEND MUNICIPAL CODE
6. REPORTS OF CITY OFFICES
7 . RESOLVE INTO THE COMMITTEE OF THE WHOLE 'TIME:
BILL NO.
63-12A PUBLIC HEARING ON A BILL AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT 1017 WEST
INDIANA AVENUE, 1527 KEMBLE STREET, 1531 KEMBLE
STREET AND THE VACANT PROPERTY SOUTH OF AND
ADJACENT TO 1531 KEMBLE STREET, SOUTH BEND,
INDIANA, 46614, COUNCILMANIC DISTRICT NO. 6 IN
THE CITY OF SOUTH BEND, INDIANA
S . BILLS, THIRD READING TIME:
BILL NO.
63-12A THIRD READING ON A BILL AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT 1017 WEST
INDIANA AVENUE, 1527 KEMBLE STREET, 1531 KEMBLE
STREET AND THE VACANT PROPERTY SOUTH OF AND
ADJACENT TO 1531 KEMBLE STREET, SOUTH BEND,
INDIANA, 46614, COUNCILMANIC DISTRICT NO. 6 IN
THE CITY OF SOUTH BEND, INDIANA
9. RESOLUTIONS
BILL NO.
10 . BILLS, FIRST READING
BILL NO.
07--13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING THE
MAXIMUM SALARY AND WAGES OF CERTAIN NON-
BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND,
INDIANA FOR THE CALENDAR YEAR 2013, AND
APPROPRIATING TWO HUNDRED THIRTY SEVEN THOUSAND
FOUR HUNDRED SEVENTEEN DOLLARS ($237, 417) FROM
GENERAL FUND (#101)
11. UNFINISHED BUSINESS
A. BILL NO. 13-12-- AMEND SOUTH BEND MUNICIPAL CODE, SAFETY
REGULATIONS WHEN PASSING BICYCLES
B. BILL NO. 13-14 - CENTURY CENTER RESOLUTION - UNSIGNED BY
THE MAYOR - COUNCIL ACTION REQUIRED PURSUANT TO I.C. 36-
4-6-16
12 . NEW BUSINESS
13. PRIVILEGE OF THE FLOOR
14 . ADJOURNMENT
TIME:
NOTICE FOR FEARING AND SIGHT IMPAIRED PERSONS
Auxiliary Aid or Other Services are Available upon Request at No Charge.
Please give Reasonable Advance Request when Possible.
jC>HN W BYC'RNI
EXECUTIVE IJIRECTDR
LARRY MAGLIOZZ1
DEPUTY DIRECTOR
qPEA. PLAN COMMISSION OF ST_ JOSEPH COUNTY, IN
227 W.JEFFERSON BLVD. ROOM 1 140 COUNTY-CITY BLDG. SOUTH BEND,INDIANA 46601 (574) 235-9571
Wednesday, December 19,2012 �r� � 61 bI ) _ � 3- k 1_ A
The Honorable Council of the City of South Bend
4th Floor, County-City Building
South Bend, IN 46601
RE: A proposed ordinance of City of South Bend and City of South Bend Dept.of Redevelopment, and MM
Vance LLC to zone from MU Mixed Use District to LI Light Industrial District, property located at 1017 W.
Indiana, 1527, 1531 Kemble Street and the vacant property south of and adjacent to 1531 Kemble Street, City
of South Bend-APC# 2657-12.
Dear Council Members:
I hereby Certify that the above referenced ordinance of City of South Bend and City of South Bend Dept. of
Redevelopment, and MM Vance LLC was legally advertised on Thursday, December 06,2012 and that the Area
Plan Commission at its public hearing on Tuesday, December 18, 2012 took the following action:
Upon a motion by John McNamara, being seconded by Dan Brewer and unanimously carried, the
proposed ordinance of City of South Bend and City of South Bend Dept. of Redevelopment, and
MM Vance LLC to zone from MU Mixed Use District to LI Light Industrial District, property
located at 1017 W. Indiana, 1527, 1531 Kemble Street and the vacant property south of and
adjacent to 1531 Kemble Street, City of South Bend, is sent to the Common Council with a
favorable recommendation. This rezoning will facilitate the expansion of an existing business in an
area under transition, an area which very well may see redevelopment activities that support the
businesses that will locate in Ignition Park,
The deliberations of the Area Plan Commission and points considered in arriving at the above decision are
shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of
this report.
Sincerely, '
f 4
®® a
ohn W. Byorni
Attachment �� - ;. �.z
CC City of South Bend `fs
City of South Bend Dept. of Redevelopment,
MM Vance LLC '''
Danch, Harper&Associates
SERVING:ST;)OSEPH COUNTY.SOUTH BEND,LAKEVILLE,NEW CARLISLE,NORTH LIBERTY,OSCEOLA 8c ROSELAND
www.stjosephcountyindian,a,coni/Areaplan
Staff Report 12!512012
APC# 2657-12
Owner: City of South Bend, et. al.
Location: 1017 W. Indiana, 1 527, 1531 Kemble Street and the vacant property south of
and adjacent to 1531 Kemble Street
jurisdiction: City of South Bend
Public Hearing Date: 12/18/2012
Requested Action:
The petitioner is requesting a zone change from MU Mixed Use District to LI Light Industrial
District to allow a manufacturing facility and I I variances from the development standards.
Land Uses and Zoning:
On site: On site is an existing business.
North: To the north is vacant land zoned SF2 Single Family and Two Family District.
East: To the east, across Kemble, is a small business zoned MU Mixed Use District.
South: To the south is an apartment building zoned MFI Urban Corridor Multifamily
District.
West: To the west is a business zoned MF I Urban Corridor Multifamily District.
District Uses and Development Standards:
The LI Light Industrial District is established to provide for development of office/warehouse,
warehouse/distribution, wholesale, assembly and manufacturing or processing facilities which are
clean, quiet, free of hazardous or objectionable elements such as noise, odor, dust, smoke, or
glare. Permitted uses in this district tend to generate heavy traffic, require extensive community
facilities, and may require limited amounts of outdoor storage. The LI District is also intended to
function as a transitional district between the more intense general industrial districts and other
less intense districts.
Site Plan Description:
The total area is just over half an acre. The existing building is just under 3,000 square feet, with
an 1,800 square foot addition proposed. Buildings cover 20% of the site. There are three
parking spaces south of the building. Access is from Kemble Street. Paving covers 7% of the site.
.Zoning and Land Use History And Trends:
The apartment building to the south was rezoned in 2000 from C to B to allow apartments.
Traffic and Transportation Considerations:
Indiana Avenue has two lanes with dedicated right turn lanes. Kemble Street has two lanes.
Utilities:
The site is currently served by public utilities.
Agency Comments:
The Department of Community Investment (formerly Community and Economic Development)
offers a favorable recommendation on the rezoning. Some landscaping is recommended along the
north and west property lines. In discussion with the City staff, it is envisioned that uses similar to
Ignition Park uses will locate east of Kemble St.
Commitments:
No commitments are proposed.
APC# 2657-12 Page 1 of 3
Staff Report 12/5/2012
Criteria to be considered in reviewing rezoning requests, per IC 36-7-4-6 03:
I. Comprehensive Plan:
Policy Plan:
Cit Plan South Bend Comprehensive Plan November 2006
Objective ED 12 Encourage reuse of abandoned and unterutilized land and structures.
Objective ED 23: Create opportunities for manufacturing companies to locate in the community.
Land Use Plan:
The Future Land Use Map identifies this corner as Mixed Use.
Plan Implementation/®they Plans:
The Rum Village Neighborhood Action Plan identifies this area as a commercial opportunity.
2. Current Conditions and Character:
This area, located just to the southwest of Ignition Park, is a mix of uses, reflected by the zoning
pattern. Many of the surrounding houses have been demolished in the past few years.
3. Most Desirable Use:
The most desirable use is to support the expansion of the existing business.
4. Conservation of Property Values:
Since many surrounding properties are vacant, this rezoning should not affect property values.
5. Responsible Development And Growth:
It is responsible development and growth to allow vacant, unused parcels to facilitate the
expansion of an existing business.
Staff Comments:
This is a combined public hearing which includes a rezoning and eleven variances. The
Commission will forward the rezoning to the Council with or without a recommendation, and
either approve or deny the variances.
The petitioner is requesting the following I I variances:
1) from the requirement of providing perimeter trees at a minimum rate of one over-story
deciduous tree for every forty feet along the all property lines to providing a minimum of two
trees along Kemble Street and a minimum of two trees along Indiana Avenue as shown;
2) from the requirement of providing a minimum 24 foot driveway in the parking area along the
south side of the building to a minimum of 0 feet as shown;
3) from providing a loading area with adequate maneuvering space on site to no loading area
and having a maneuvering area for vehicles and trucks as shown;
4) from the required 50 foot side residential buffer yard along the north property line to a
minimum of 32 feet for a proposed building addition;
5) from the required 50 foot side residential buffer yard along the west property line to a
minimum of 15 feet for a proposed building addition;
6) from the requirement of providing a minimum of 7 parking spaces to three spaces as shown;
7) from the 25 foot front yard setback for parking to a minimum of 13 feet along the Indiana
Avenue as shown;
8) from the 25 foot front yard setback for parking to a minimum of 9 foot along the Kemble
Street and Indiana Avenue as shown;
9)from the requirement of providing Type "C"full screening along the North, South and Vilest
APC# 2657-12 Page 2 of 3
Staff Report 12/5/2012
property lines to providing no screening,
10}from providing a 6 foot wide landscaping area along the South facade of the existing building
to landscaping as shown; and
1 1) from providing parking screening for the parking along Indiana Avenue to landscaping as
shown,
A portion of Indiana Avenue will be dedicated from the southern portion of the parcel.
Recommendation:
Based on information available prior to the public hearing, the staff recommends that the petition
be sent to the Common Council with a favorable recommendation and that all the variances be
approved.
Analysis:
This rezoning will facilitate the expansion of an existing business in an area under transition, an
area which very well may see redevelopment activities that support the businesses that will locate
in Ignition Park. Given the current location of the building and that the angles of the lot lines and
road are not straight, development on this lot would be difficult without these variances. Even
though property to the north and west is zoned residentially, this area is in transition, given the
number of buildings demolished since the 2011 aerials were taken, and may not need to be buffered
as if a house were present.
APC# 2657-12 Page 3 of 3
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JOHN W. BYORNI
EXECUTIVE DIRECTOR
LARRY MAGLIOZZI
DEPUTY DIRECTOR
FAREA PLAN COMMISSION OF 5T, JOSEPH COUNTY, IN
177 W. JEFFERSON BLVD., ROOM 1140 COUNTY.CITV BUILDING. SOUTH BEND. INDIANA 46601 (574) 135-9571
December 27, 2012
Honorable Common Council
Of The City of South Bend
4,h door, County-City Building
South Bend, Indiana 46601
RE: Bill # 63-72 A bill of the Common Council of the City of South Bend amending Chapter
21 of the zoning ordinance.
Dear Council Members:
The following changes hove been made to the Ordinance for the above-referenced
petition:
Ordinance:
1) A typo was fixed in the legal description.
Written Commitments
1) A typo was fixed in the legal description.
If you have any further questions, please call me at 574-235-9571.
Sincerely,
.�
Christy Nayder Filed In ft
Planner
1
CIS'cuw Stjj'fH SEND,IN
SERVING ST. JOSEPH COUNTY, SOUTH 8ENO, LAKEVILLE, NEW CARLISLE. NORTH LfOERTY, OSCEOLA, B ROSELAND
WW W.STJOSEPHCOUNTYINDIANA.COM
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 1017 WEST INDIANA A VENUE, 1527 KEMBLE STREET, 1531
KEMBLE STREET AND THE VACANT PROPERTY SO UTH OF AND ADJACENT TO
1531 KEMBLE STREET, SOUTH BEND, INDIANA, 46614, C0UNCILMANIC
DISTRICT N0. 6 IN THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
PETITIONERS DESIRE TO REZONE THE PROPERTY FROM MU MIXED USE
DISTRICT TO LI LIGHT INDUSTRIAL DISTRICT TO OPERATE A
MANUFACTURING FACILITY.
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana as follows:
SECTION 1. Ordinance No. 9495-04, as amended, which ordinance is commonly
known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same
hereby is amended in order that the zoning classification of the following described real
estate in the City of South Bend, St. Joseph County, State of Indiana:
THAT PART OF THE NORTHWEST AND SOUTHWEST QUARTERS OF SECTION 14,
TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH
BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS.- LOTS # 16
THROUGH 20 OF THE PLAT OF "THOS E. A. BYERLEY'S ADDITION TO THE TOWN
OF MYLER OF ST. JOSEPH COUNTY, INDIANA"AS RECORDED BY DOCUMENT
NO, 1890017 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA
RECORDER'S OFFICE.
CONTAINING 0.60 ACRES MORE OR LESS
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF
RECORD.
be and the same is hereby established as LI Light Industrial District.
SECTION II. This ordinance shall be in full force and effect from and after its passage by
the Common Council, approval by the Mayor, and legal publication.
Member of the Common Council
2
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the
day of , 20 at ---o'clock m.
City Clerk
Approved and signed by me on the_day of
20 , at_o'clock m.
Mayor of the City of South Bend, Indiana
Filed
DEC 2 7 2012
C"CLERA,C', 0f d OEND,IN
�wo-
ORDINANCE NO.
A SECOND ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, AMENDING THE MAXIMUM SALARY AND WAGES OF
CERTAIN NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND,
INDIANA FOR THE CALENDAR YEAR 2013,
AND APPROPRIATING TWO HUNDRED THIRTY SEVEN THOUSAND FOUR
HUNDRED SEVENTEEN DOLLARS ($237,417) FROM GENERAL FUND (#101)
STATEMENT OF PURPOSE AND INTENT
The Common Council approved Ordinance No 10199-12 establishing the 2013 maximum
salary and wages for all non-bargaining employees of the City of South Bend, Indiana on
October 29, 2012. This Salary Ordinance was previously amended at the Council's
meeting on January 28, 2013 as Ordinance #10220-13 to correct an error in the salary for
the Financial Specialist IV position that had been carried forward since 2011.
This Ordinance seeks to adjust salaries for the Police Communication Center and for
other personnel in the Police Communication Center who are first responders, especially
trained in public safety response protocols, in order to provide them with compensation
similar to such responders in other Class Two Indiana cities. Furthermore, Salary
Ordinance #10199-12- requires modification to provide two new mayoral staff positions
to enhance community outreach and service to citizens. These positions are those of the
Director of Community Outreach and Part Time Secretary V (1.5 FTE). Funding for
these salary ordinance amendments will be through appropriation from the General Fund
(#10 1) in the sum of$237,417.00.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, as follows:
SECTION 1: Amendment to Ordinance 10199-12
(a) The City of South Bend Salary Ordinance (#10199-12) is hereby
amended to change the maximum amounts for certain positions and to
create two new positions (1,5 FTE) within the City of South Bend,
Indiana with corresponding maximum compensation to be paid in
Calendar Year 2013 as set forth in Exhibits A & B which are attached
hereto and incorporated herein.
SECTION H.
The sum of Two Hundred Thirty Seven Thousand Four Hundred Seventeen
Dollars ($237,417.00) is hereby appropriated and set aside within General Fund (#101)
for the purpose of funding the compensation provided in Section I of this Ordinance.
SEC'T'ION HI.
This ordinance shall be in full force and effect from and after its passage by the
Common Council and approval by the Mayor.
Attest: Member of the Common Council
t110 IMF
Public, heafiria
City Clerk cound a io:l OM N$MU00
Presented by me to the Mayor of the City of South Bend, Indiana, on the
day of , 2012, at o'clock_ . m.
City Clerk
Approved and signed by me on the day of , 2012, at
o'clock m.
Mayor, City of South Bend, Indiana
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City of South Bend, Indiana
Proposed Mayor's Office 2013 Salary Changes
Prepared- February 4,2013
Name Option#2
Factor R Full Year) 0.83
Positions Needing Funding(begin March 1,20131
Director of Community Outreach (Annual Salary$45,000) 37,500
Part-time Secretary V(20 hours) $14.50 x 1,040 hours 12,567
Total Wages 50,067
FICA Taxes(7.65%) 3,830
Unemployment(1.00%) 501
PERF (10%of full time wages) 3,750
Health Insurance(full time only) 7,524
LTD insurance (full time only) 90
Life Insurance (full time only) 120
Parking Costs ($40 x 2 x 10 months) 800
Education &Training 500
Total Estimated Costs 67,182
2013 Original Budget 602,671
2013 Original Budget(plus above costs) 669,853
Prior Years
2012 Amended Budget 668,069
2011 Actual 636,428
2010 Actual 625,698
2009 Actual 714,136
2008 Actual 882,649
EXHIBIT B
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01 '4END,IN
Substitute Bill No. 12-40
Ordinance No.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING SECTION 20-20 OF ARTICLE 1, CHAPTER 20 VEHICLES AND
TRAFFIC OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING
SAFETY REGULATIONS WHEN PASSING BICYCLES
STATEMENT OF PURPOSE AND INTENT
The South Bend Common Council notes that the City of South Bend is dedicated to seeing
that individuals have the opportunity to enjoy bicycle riding throughout the city in as safe a manner
as possible. This requires both the motor vehicle operators, as well as bicyclists, to abide by the
rules of the road.
The Common Council further recognizes that there are many Indiana state laws codified into
Title 9 of the Indiana Code, as well as regulations codified into the Manual on Uniform Traffic
Control Devices (MUTCD) which govern bicycle traffic.
The City of South Bend would like to implement additional safety regulations which would
require a minimum of three feet (3') minimum distance from a bicyclist when passing such bicyclist
by an operator of a motor vehicle. It is believed that sharing the road with bicyclists and motorists
in South Bend may be enhanced by this regulation.
Section 1. Chapter 20, Article 1, Section 20-20 of the South Bend Municipal Code is amended to
read in its entirety as follows:
See. 20 20 Reserved.
Sec. 20-20 Minimum Passing Distance When Overtaking a Bicyclist.
(e) Definitions: Terms used in this sections shall have the following meanings:
(1) "Bicyclist" shall mean a person using a bicycle as defined in Section 20-2 (a) (4)
of this Code.
(2) "Driver" shall have the meaning set forth in Section 20-2 (a) 10) of this Code.
(3) "Motor vehicle" shall have the meaning set forth in Section 20-2 (a) (16) of this
Code.
(4) "Operator" shall have the meaning set forth in Section 20-2 (a) (22) of this Code.
(5) "Roadways" shall have the meaning set forth in Section 20-2 (a) (37) of this
Code.
Ordinance Addressing Overtaking or Passing a Bicyclist
Page 2
(f) Overtaking or Passing a Bicyclist: The driver or operator of any motor vehicle driving
on the roadways of South Bend may overtake or pass a bicyclist when there is a safe
distance of not less than three feet(3')between the motor vehicle and the bicycle.
(g) Returning to Original Lane: The driver or operator of any motor vehicle driving on
the roadways of South Ben shall not return to the original lane until the vehicle is safely
clear of the bicycle(s).
(h) Compliance with Applicable Regulations in this Chapter: All drivers, operators, and
bicyclists are required to comply with the applicable regulations set forth in this
Chapter.
(i) Violations: Any one violating this Section shall be issued notice as further addressed in
Section 20-17 of this Code. The minimum fine for violating the regulations addressing
overtaking or passing a bicyclist as further addressed in Section 20-20-(a) (b) shall be
fifteen dollars ($ 15.00) which shall be paid through the Office of the Ordinance
Violations Bureau.
Section II. If any part, subsection, sentence, clause or phrase of this ordinance is for any reason
declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this ordinance.
Section I11. This ordinance shall be in full force and effect from and after its passage by the
Common Council, approval by the Mayor and legal publication.
Council Member Gavin Ferlic
Council Member at Large
Member of the Common Council
Council Member Tim Scott
I"District Council Member
Member of the Common Council
Council Member Valerie Schey
3rd District Council Member
Member of the Common Council
Ordinance Addressing overtaking or Passing a Bicyclist
Page 3
John Voorde, City Clerk
�wd,r2Wed by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the
day of 2012, at o'clock . m.
Janice Talboom, Deputy Clerk
Q 5 f, v e a!rr zQ!Jr, ouwd by me on the day of , 2412, at o'clock
.m.
Pete Buttigieg
Mayor of the City of South Bend, Indiana
FF 11 e d in CC%;�—a,r 'C'1 ff f
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PUr,L C t i f :.,,�§G M77,3,NOS A`is?v®Va
PASSED
Cit-ir of South Bend
�FACE,/,
� Common Council
1865 441 County-City$uilding • 227W.Jefferson Blvd (574) 235-9321
South Send,Indiana 46601-1830 Fax (574) 235-9173
http-//www.southbendin.gov
Derek D. Dieter
President
Oliver J. Davis
Vice-President
May 11, 2012
Karen L. White
Chairperson, Committee Members of the Common Council
of the Whole 4th Floor County-City Building
Scott
Tim Scott Bend, Indiana 46601
First District Re: Substitute Bill No. 13-12
Henry Davis, Jr. Bicycle Safety Ordinance
Second District
Dear Council Members:
Valerie Sch ey
Third District 1 am filing a substitute version of Bill No. 13-12 which adds a new paragraph (g) to
Section 20-20 addressing safety regulations when returning to the original lane. The
Fred Ferlic remaining paragraphs have been re-lettered and remain the same as originally
Fourth District
proposed.
David Varner
Fifth District This language is similar to the language included in Senate Bill 0101 sponsored by
Senator John Broden earlier this year. That Bill was referred to the Committee on
Oliver J. Davis Corrections, Criminal and Civil Matters, and was not moved forward.
Sixth District
I look forward to discussing these proposed safety measures with you at the Health
At La
At La rge e Dieter and Public Safety Committee meeting on Monday, Thank you.
Gavin Ferlic Sincerely,
At Large
Karen L. White Gavin Ferlic
At Large Council Member at Large
South Bend Common Council
cc: Office of the City Clerk
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CITY OF SOUTH BEND
PETE BUTTIGIEG, MAYOR kvy_�_ISA
OFFICE OF THE MAYOR
February 6, 2013 3
President Derek Dieter
South Bend Common Council
4th Floor County-City Building
227 W. Jefferson Blvd.
South Bend, IN 46601
Dear President Dieter:
This letter is my formal response to the passage of Resolution No. 4333-13 (Amended Bill No.
13-14) on January 29, 2013 that was sent to my office for approval and signature.
Since the resolution asked for the Century Center Board of Managers to meet to discuss the RFP
before February 13, 2013 (and the board met on February 1, 2013 and passed the RFP
unanimously), this resolution is moot.
I am returning the unsigned resolution today to the City Clerk.
Sincerely,
Pete Butti ie � s�
g g, Filed �,' r of _s
City of South Bend
013
CC: South Bend Common Council
City Clerk John Voorde �
CITy CLERK,SOUTH BEND,
1400 CovNTY-Crrx Buzz,DiNO+ 227 W JFFFFFSON BOUT. vARI) . SoUTH BEND, INDIANA 466o
PHONF 5741z35-gz61 • Fax 574/z35-9892
Memorandum
Date: February 6, 2013
To: The South Bend Common Council
From: Kathleen Cekanski-Farrand, Council AttorneyC!
Re: Amended Bill No. 13-14/Resolution No. 4233-13
Resolution Addressing the Management of the Century Center
Background Information
On January 281h, the South Bend Common Council adopted amended Bill No. 13-14 by a vote of 8-
1. It was signed by Council President Dieter that-evening and then presented to Mayor Buttigieg by
Deputy City Clerk Janice Talboom on January 29, 2013 for his review and action.
Today, the Office of the City Clerk received the resolution back from the Mayor's Office unsigned.
The Mayor also sent a letter dated February 6, 2013, stating why the resolution was returned
unsigned.
Governing Indiana Law:
Indiana Code § 36-4-6-16 applies. It provides that within ten (10) days after the City Executive is
presented with an ordinance or resolution, the Mayor is to:
• Approve the legislation by signing it; or
• Veto the legislation and return it to the legislative body with a message "announcing his veto
and stating his reasons for the veto":
The state Iaw further provides that unless the legislative body takes action at its next regular
meeting after the expiration of the Mayor's ten (10) day period, that the legislation is "considered
defeated". A two-thirds (2/3)vote is required of the Council to override the Mayor's action.
Monday's Agenda:
In light of the above, you will find listed on the 7 p.m. Council's Agenda under "Unfinished
Business"this resolution and a reference to the Indiana law.
If you have any questions, please do not hesitate to contact me. Thank you.
cc: Office of the City Clerk
RESOLUTION No. �4 Z3 �—(j
Amended Bill No. 13-14
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA,
RECOMMENDING THAT THE CENTURY CENTER BOARD OF MANAGERS PUBLICLY
DISCUSS THE AECOM REPORT AND THEN PREPARE REQUESTS FOR PROPOSALS WHICH
TRULY REFLECT THE BEST INTERESTS OF THE CITY OF SOUTH BEND FOR THE
MANAGEMENT OF THE CENTURY CENTER
6a" on April 10, 1973, the South Bend Common Council passed Ordinance No. 5504-73, "
which was signed into law by then South Bend Mayor Jerry J. Miller, which established a Civic Center
Authority for the "development of a Civic Center..." ; and
N the 1973 ordinance noted that the "Civic Center would enhance the participation
potential of the community and compliment the industrial, commercial and academic growth of the
South Bend Metropolitan Area...[with] the City of South Bend desire to establish an authority to
maintain, control and operate said Civic Center..."; and
her" the 1973 ordinance further called for the initial 9-member board to have "not more
than five of whom shall be members of one political party, who shall be representatives of..." the
Mayor's five (5) appointments including one (1) Hotel-Motel Tax Board representative, two (2)
"Michiana Area" residents, one (1) "South Bend resident", and one (1) representative for the South
Bend Community School Corporation; and the Common Council's four (4) representing one (1) from
the Parks and Recreation Board, one (1) representing the Industrial Museum, one (1) representing the
South Bend Art Center, and one (1) representing the Michiana Arts and Sciences Council [Section I of
Ordinance]; and
G� the 1973 ordinance creating the Civic Center Authority further provided that the
Authority was to "...submit an annual budget to the Common Council in the same manner as city
departments" [Section IV of Ordinance]
N" on October 11, 1982, as part of the requirements of Indiana Code § 36-4-9-4,
Ordinance No. 7108-82 was passed by the Common Council which formally amended the South Bend
Municipal Code by establishing the executive department and other administration functions which the
City "considers necessary to perform efficiently the administrative functions required to fulfill the
needs of the City's citizens" which specifically included the continuance of the South Bend Civic
Center Board of Managers pursuant to Indiana Code § 36-10-2-5;
(X" in late 2006, Global Spectrum, the Philadelphia-based company was hired to manage
the Century Center; and in February of 2011 their General Manager resigned with a replacement
General Manager being hired thereafter; and
(Al" in December of 2012 the Century Center Board of Managers, City Administration and
the Common Council received a copy of the report issued by the Chicago-based AECOM Technical
Services which was paid for by redevelopment monies to study the economic impact of the Century
Century Center Resolution
Page 2
Center compared to similar convention centers having similar demographics as well as to review the
overall management of the Century Center; and
*( as of this date, neither the Century Center Board of Managers or the Common
Council have publicly discussed the information set forth in the AECOM Report which noted among
other things that the Century Center holds a low number of convention and trade shows compared to
other facilities; and
6A1 South Bend Municipal Code § 2-10 (i) specifically authorizes the Council's Parks,
Arts, Recreation and Culture Committee to oversee "...the various activities of the Century Center..."
and further provides that the Council's Personnel and Finance Committee oversee various fiscal
matters of the city.
,3vna&w
Section 1. The Common Council of the City of South Bend, Indiana, notes that the current
contract with Global Spectrum expires on June 30, 2013.
Section 11. The Council believes that public dialogue needs to take place on developing
requests for proposals (RFP) which truly reflect best practices for managing civic centers, which is
open, responsible to our citizens and transparent. Furthermore, the pros and cons of developing RFPs
which would permit interested parties a variety of efficient management styles including but not
limited to in-house management would be in the greater good of our City.
Section 111. The Common Council recommends that the City Administration, Century Center
Board of Managers and the Board of Public Works eRnsye must following proposed schedule to
facilitate greater transparency, inclusiveness and dialogue:
• That by February 13, 2013, the Century Center Board of Managers complete their review and
recommendations on the proposed RFPs, with the Council appointments to said Board
reflecting the positions of a majority of the Common Council, or at a sooner scheduled
meetine.
• That by February 19, 2013, the Board of Public Works publish the final version of the RFPs
Section IV. This Resolution shall be in full force and effect from Qandr its adoption by the
Council and approval by the Mayor.
Henry Davis, Jr., 2 uncil Member
PARC Committee Chairperson
Century Center Resolution
Page 3
John Voorde, City Clerk
ou6mma to ire agisp ge& N gf�sr�d '.nd �sr�laercr, dfl6 `"� dad g� ,�c.n tg
Offie of the City Clerk
a�p gore
Pete Buttigieg, Mayor
South Bend, Indiana
John Voorde, City Clerk
Filed In ° r .:, OffiCe
PRESENTEE, JAN 2 9 ZQ 1;�
NOT APPROVEtj
crrf CLERK,WOM BEND,IN