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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 20 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 it it 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 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 i 1 ■ 1 Century Center Resolution Page 3 geffroottibil4 ? . 20/S t/e Osad '.nd ammoa IC&aaned�a ogee y' John Voorde, City Clerk Ord/milted& die arty490 9164e N90/90aa Find tfndlana,, bia __der y/ ��y► . 20/S. Offi of the City Clerk *de ` rapr?de 4 9r (ready = rend neka,ne4 this da„g� 20/S. Pete Buttigieg, Mayor South Bend, Indiana John Voorde, City Clerk Filed in :: ;,, Office � PRESENTED.* JAN 2 ZQ1 NOT. APPRQVE CITY CLERK, u t SEND,IN• �►ooax ,; ' ' g--t 3 /4013 it 44, sc\I ( Y," ! jam: \':`� 4. a't 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 ■ i I 1 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 1 II I - I � 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 5 — - - - -- ._ _ _ __,._ -