HomeMy WebLinkAboutCentury Center Board of Managers Publicly Discuss the Aecom Report RESOLUTION
4233-13
Passed by the Common Council of the City of South Bend, Indiana
January 28, 13
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Attest: City Clerk
ItO■
Attest: t President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
January 29, 2013
City Clerk
Approved and signed by me 20
Mayor
RESOLUTION No. L3 3—U
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
6/i/eereaa, 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
Oferaut 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
v/`ferea4 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
Oli erea4 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]
OXfsevreazt 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;
Ofcerittitt 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
ereaa 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
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Century Center Resolution
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Center compared to similar convention centers having similar demographics as well as to review the
overall management of the Century Center; and
6ifften G, 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
cex 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.
Wm, PJex/xe, le it grokkett *tie amnion a g/I/ia " gf Oeomot Arend
Jd ago/lows:
Section I. The Common Council of the City of South Bend, Indiana, notes that the current
contract with Global Spectrum expires on June 30, 2013.
Section II. 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 III. The Common Council recommends that the City Administration, Century Center
Board of Managers and the Board of Public Works considcr the 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
meeting.
• 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 and i t -r its adoption by the
Council and approval by the Mayor. ��
Henry Davis, Jr., 2 ' D istrict -euncil Member
PARC Committee Chairperson
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Century Center Resolution
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John Voorde, City Clerk
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Pete Buttigieg, Mayor
South Bend, Indiana
John Voorde, City Clerk
Filed in :: ;,, Office
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PRESENTED.* JAN 2 ZQ1
NOT. APPRQVE CITY CLERK, u t SEND,IN•
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CITY OF SOUTH BEND
PETE BUTTIGIEG, MAYOR
OFFICE OF THE MAYOR
February 6, 2013
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,
_-_-_,. --,„:>.;" �4,
Pete Buttigieg, e, Filed iii-Ciales Office
City of South Bend
f EB 0 61013 I ,
CC: South Bend Common Council _ -1
City Clerk John Voorde JOHN VOOROE
CITY CLERIC,SOUTH BEND,IN
1400 COUNTY-CITY BUILDING• 227 W.JEFFERSON BOULEVARD• SOUTH BEND, INDIANA 46601
PHONE 574/235-9261• FAx 574/235-9892
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Memorandum
Date: February 6, 2013
To: The South Bend Common Council
From: Kathleen Cekanski-Farrand, Council Attorney XJ•�
Re: Amended Bill No. 13-14/Resolution No. 4233-13
Resolution Addressing the Management of the Century Center
Background Information
On January 28th, 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 law 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
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REGULAR MEETING FEBRUARY 11,2013
UNFINISHED BUSINESS
BILL NO. 13-12-AMEND SOUTH BEND MUNICIPAL CODE,SAFETY REGULATIONS
WHEN PASSING BICYCLES
Councilmember Gavin Ferlic made a motion to refer this bill to the Health&Public Safety
Committee and set it for Public Hearing and Third Reading on February 25,2013.
Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine(9)
ayes.
BILL NO. 13-14—CENTURY CENTER RESOLUTION—UNSIGNED BY THE MAYOR—
COUNCIL ACTION REQUIRED PURSUANT TO I.C.36-4-6-16
Council Attorney Kathleen Cekanski-Farrand advised that there is a scrivener's error for item#
11 B. Should be Amended Bill No. 13-14 which was adopted by the City Council on January 28,
2013 by a vote of 8-1. The Mayor then had the opportunity to either approve that legislation by
signing it or vetoing that legislation and returning it to the Council with a message again using
State Law language announcing his or her veto and stating the reasons for that veto. She stated
that the Mayor did send a letter to the Council. At this stage the Council has the opportunity to
basically override that veto,but they must have a two-thirds(2/3rd)vote to take that action if they
fail to take that action the resolution is considered defeated.
Councilmember Oliver Davis made a motion to override Amended Bill No. 13-14.
Councilmember Schey seconded the motion. The motion carried by a roll call vote of seven(7)
ayes and two(2)nays(Councilmember's Varner and Gavin Ferlic.)
NEW BUSINESS
Councilmember Henry Davis stated that he doesn't want to cause any conflict with the Council
but has to ask this question,when dealing with the Council and you have elected officials who
are here,who are elected by the people,he is just a bit concerned about the heavy handedness of
our Council leadership. If there is a Council person wishing to ask a question because their
district is of concern,that person is concerned. He stated that he thinks that the Council person
should have the ability to ask that question without being cut-off. He feels like that is not
responsible nor does he feel that is proper courtesy or even show good faith to those who even
come to show up for these meetings. If a Council person can be told not to talk anymore,this is
rude.
Council Attorney Kathleen Cekanski-Farrand stated that as the Parliamentarian for the Council
stated that a Councilmember can always make a motion to override the Chair,whether it be
Councilmember White as she is the Committee of the Whole Chair or Council President Dieter
with the proper motion.
Councilmember Oliver Davis thanked his fellow Councilmember's for attending the Public
Works and Property Vacation Committee Meetings at Rum Village to discuss the flooding
problems near the New Energy(Ethanol Plant.) He thanked Eric Horvath,Public Works
Director who has put in a lot of time. He noted that as Chair of the Public Works and Property
Vacation Committee he will be following up with a letter to the Mayor and the Redevelopment
Commission outlining some of the ideas and plans and stated that those who live in the area will
get copies of it to at least give some solutions or alternatives to the Mayor so they can help
resolve this matter as soon as possible.
PRIVILEGE OF THE FLOOR
Sam Brown,Citizens United for a Better Government,(CUBG)415 LaSalle, South Bend,
Indiana,commended Councilmember Oliver Davis and Councilmembers for their hard work and
continued help to those residents near the New Energy(Ethanol Plant.) Mr.Brown stated that he
has heard people saying that Citizens United for a Better Government doesn't always have their
facts straight. As Chairperson of CUBG,and everything falls onto his shoulders,he is going to
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