06-10-19 Council Minutes - Laserfiche WebLink

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REGULAR MEETING June 10, 2019 18-19 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2019 OF $960,000 FROM EMS CAPITAL FUND (#287), $177,475 FROM CENTURY CENTER OPERATING FUND (#670), AND $63,000 FROM CENTURY CENTER CAPITAL FUND (#671). Councilmember Jake Teshka made a motion to send Bill No. 17-19 to the Personnel and Finance Committee for Second Reading and Public Hearing on June 24th, 2019. Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of seven (7) ayes. UNFINISHED BUSINESS Councilmember Dr. Oliver Davis requested updates from the Administration on the establishment of Quiet Zones as well as the discussions on the possible South Shore Station location. NEW BUSINESS Council President Tim Scott announced the meeting of the Personnel and Finance Committee on Wednesday, June 12th at 5:00 p.m. in the Informal Council Meeting Room. Councilmember Dr. Oliver Davis announced he was working on a resolution to bring to the Council regarding a proposed emergency plan for homeless individuals during inclement weather events. PRIVILEGE OF THE FLOOR Jason Banicki-Critchlow, 3822 West Ford Street, South Bend, IN, stated, Back in December, I brought up the idea very briefly of doing a formula of business ordinance for the City of South Bend. I sent you all a brief email to overview what that would look like. Since then, I got busy with some other endeavors,however since then, I have much more free time on my hands and have had much more time to look into this. I have some more information to email you all about this. The one (1) thing I did find really interesting is only one (1) of them has been successfully challenged in Federal Court. That was primarily due to the fact that they limited the size of any business,they deemed it protective of one(1)particular business in that case. Otherwise, these are fairly routinely upheld through the local and Federal appeals courts. I'm going to go into a brief overview of what the most basic ones look like to give you an idea of what these are. Hopefully we can get some momentum on these particularly, in light of even more business corridors going into TIF Districts, which means we'll be putting millions of more dollars into these corridors. We need to make sure we protect them and make sure they give us the kind of business return we are looking for. So most of them will start with a very basic definition of what a formula business is. Basically, it is any business that has two (2) or more of the following: a standardized name, a standardized array of merchandise or services, standardized employee uniforms, standardized decor, standardized façade decor, standardized signage, standardized color scheme, standardized trademark or service, or any other symbol or features which cause it to be substantially identical to ten (10) or more businesses in the United States. Some go as low as five (5) but I feel like ten (10) is probably a better number. Five (5) is pretty arbitrarily low. Most of them also have some routine and possible exemptions, most of those tend to be grocery stores. Most of the times, these ordinances target dollar stores and their negative impact on what are considered to be food desserts. Financial institutions are routinely exempted from them. Again, most of the time these are in key economic corridors and you want financial institutions there. Hotels and motels, food service 11