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HomeMy WebLinkAbout01-24-94 Council Meeting MinutesREGULAR MEETING JANUARY 24, 1994 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, January 24, 1994, at 7:00 P.M. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Luecke, Washington, Kelly, Puzzello, Zakrzewski, Coleman, Duda and Ladewski Absent: Council Member Slavinskas Council Member Coleman made a motion to resolve into the Committee of the Whole, seconded by Council Member Duda. The motion carried. REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the January 10, 1994 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Ann Puzzello /s/ Gene Ladewski Council Member Coleman made a motion that the minutes of the January 10, 1994, meeting of the Council be accepted and placed on file, seconded by Council Washington. The motion carried. SPECIAL BUSINESS Mayor Kernan gave his "State of the City Address." Council President Puzzello indicated there was an appointment coming up to the Century Center Board of Managers. She indicated the Council's current appointment, Ed Ehlers, has indicated his interest in reappointment. BILL NO. 94 -2 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING POLICY FOR THE PROVISION OF SERVICES TO ANNEXED AREA (RESERVOIR ANNEXATION). Council Member Coleman made a motion to continue this bill until February 28, at the request of the petitioner, seconded by Council Member Kelly. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on at 7:58 p.m., with eight members present. Chairman Kelly presiding. BILL NO. 94 -93 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2403 -5 AND 2407 -2409 LINCOLNWAY WEST, 1054 FREMONT STREET AND 1053 NORTH OLIVE STREET, IN THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Washington reported that the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorable. John Byorni, Area Plan, indicated that the Commission had recommended this bill to the Council favorable. He indicated the petitioners planned to construct a drug store at this location. John Peddycord, attorney, made the presentation for the bill. He indicated Bodnar Management Corporation had entered into an agreement with Hooks to build a full -line pharmacy. He indicated that two - thirds of this property is zone "C" commercial. James Diener, 17721 Woodthrush Lane, spoke on behalf of his inlaws who were concerned about being surrounded by commercial property. He indicated they were concerned about the route the delivery trucks would take to get to the drug store. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 95 -93 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1512 W. FISHER STREET, IN THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Washington reported that the Zoning and Vacation Committee had met on this bill, however there was no quorum present and they had no recommendation to the Council. John Byorni, Area Plan, indicated that the Commission had recommended this bill to the Council favorable. Paul Cholis, attorney, made the presentation for the bill. He indicated the petitioners planned to convert this property into a single family dwelling. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Duda. The motion carried. BILL NO. 109 -93 A BILL AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, RELATIVE TO FLOODPLAIN REGULATIONS, BY ADDING A NEW SUB - SECTION TO ARTICLE 12, SECTION 21 -180, REGULATORY FLOOD ELEVATION. 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Council Member Luecke made a motion to pass this bill, seconded by Council Member Duda. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8457 -94 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1512 W. FISHER STREET, IN THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Washington made a motion to pass this bill, seconded by Council Member Kelly. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8458 -94 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, RELATIVE TO FLOODPLAIN REGULATIONS, BY ADDING A NEW SUB - SECTION TO ARTICLE 12, SECTION 21 -180, REGULATORY FLOOD ELEVATION. This bill had third reading. Council Member Washington made a motion to pass this bill, seconded by Council Member Duda. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8459 -94 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH -SOUTH ALLEY EAST OF N. COTTAGE GROVE AVENUE FROM THE SOUTH LINE OF LOT 1 (KLINGEL'S SUBDIVISION OF HEINTZMAN'S ADDITION) TO THE SOUTH RIGHT -OF -WAY LINE OF W. GRANDVIEW AVENUE FOR A DISTANCE OF APPROXIMATELY 132.8 FT. AND A WIDTH OF APPROXIMATELY 13.86 FT. ALLEY LOCATED IN HEINTZMAN'S ADDITION AND KLINGEL'S SUBDIVISION OF HEINTZMAN'S ADDITION TO THE CITY OF SOUTH BEND. ALSO, WEST GRANDVIEW AVENUE FROM THE EAST RIGHT -OF -WAY LINE OF N. COTTAGE GROVE AVE. TO THE SOUTHWEST RIGHT -OF -WAY LINE OF LINCOLN WAY WEST (U.S.20) FOR A DISTANCE OF APPROXIMATELY 249.7 FT. AND A WIDTH OF APPROXIMATELY 62 FT; PART LOCATED IN HEINTZMAN'S ADDITION AND BANK OUT LOT 130 IN THE CITY OF SOUTH BEND, INDIANA. This bill had third reading. Council Member Kelly made a motion to pass this bill, seconded by Council Member Washington. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8460 -94 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY NORTH OF LINCOLNWAY WEST FROM THE WEST RIGHT -OF -WAY LINE OF N. OLIVE ST. TO THE EAST RIGHT -OF -WAY LINE OF THE FIRST NORTH -SOUTH ALLEY WEST OF NORTH OLIVE ST. FOR A DISTANCE OF APPROXIMATELY 120 FEET; THE FIRST NORTH - SOUTH ALLEY WEST OF N. OLIVE ST. FROM THE SOUTH LINE OF THE FIRST EAST -WEST ALLEY NORTH OF LINCOLNWAY WEST, NORTH TO THE SOUTH LINE OF THE FIRST INTERSECTING EAST -WEST ALLEY; AND A PORTION OF FORMER LOTS 38 AND 39 IN OLIVE HEIGHTS ADDITION; ALL MORE PARTICULARLY DESCRIBED IN SECTION I OF THIS ORDINANCE. This bill had third reading. Council Member Luecke made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Coleman. The motion carried. Council Member Duda made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of eight ayes. RESOLUTION NO. 2090 -94 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 317 W. WASHINGTON STREET, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN YEAR REAL PROPERTY TAX ABATEMENT FOR CENTRAL HIGH ASSOCIATES LIMITED PARTNERSHIP. WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 317 W. Washington, South Bend, Indiana, and which is more particularly described as follows: Beginning at the intersection of the East line of William Street and the North line of Washington Ave., in the City of South Bend, St. Joseph County, Indiana, thence 89'- 48' -08" east along the North line of Washington, 430.07 feet (426.50 ft., records) to a Point on the West line of St. James Court (a 14.00 ft. wide Public Alley); thence North 000- 01' -34" East along said line, 411.05 feet (410.00 Ft. record); North 89 °- 43' -16" West along the South line of Colfax Avenue (82.50 ft. side), 430.26 feet (426.36 ft., record); thence South 000- 00100" West (assumed bearing) along the East line of William Street (66.00 ft. side), 411.66 feet (410.00 ft., record) to the Point of beginning. Containing 176,950.524 square feet or 4.06 acres. and which has Key Number 18 1023 -0977 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1 et. seq. and South Bend Municipal Code Sections 2 -76 Et Seq. MEETING JANUARY 24, 1994 Whereas, the Department of Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1- 12.1-1, et seq., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and Whereas, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, ndiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for 1 Property Tax Abatement and the Statement of Benefits form completed by the itioner meet the requirements of Indiana Code 6 -1.1- 12.1 -1 et seq., and qualifies er the relevant provisions of South Bend Municipal Code Sections 2 -76 et seq., for abatement. A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C: That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the Totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. G. That the area is located in an Economic Development Target Area designated as such under Indiana Code 6 -1.1- 12.1 -7. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits set forth as Sections I through II of the Petition for Real Property Tax Abatement Consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of ten (10) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. This Resolution shall be in full force and effect from and after its Common Council and approval by the Mayor. /s/ Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Richard Arnesen, of the Alexander Company, made the presentation. He indicated planned to renovate the historic Central High School into 102 multi - family units, at a cost of approximately $9,000,000. He indicated the one bedroom apartments will rent from $375 to $475, and the two bedroom will rent for $500 to $550. Council Member Kelly made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution passed by a roll call vote of eight ayes. RESOLUTION NO. 2091 -94 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 301 N. MAIN STREET AND 211 WEST LASALLE, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN YEAR REAL PROPERTY TAX ABATEMENT FOR RELAXATION, INC. D /B /A LA -Z -BOY FURNITURE GALLERIES. REGULAR MEETING JANUARY 24, 1994 Member of the Common Council A public hearing was held on the resolution at this time. Tom Walz, a partner in Relaxation, Inc., made the presentation. He indicated they were planning to add 7,000 square feet to their present building. He indicated this building was built as an A &P Grocery, it was converted into a car dealership and in 1980 it was converted into a show room. He indicated they planned to add at least seven new jobs. Ann Kolata, Redevelopment Director, spoke in favor of this abatement. She indicated this project is immediately outside of the Central Business District, and they were planning to revise the district lines. Council Member Luecke made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 2093 -94 A RESOLUTION OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, APPROVING AMENDMENTS TO THE CHARTER OF WORKFORCE DEVELOPMENT SERVICES OF NORTHERN INDIANA. WHEREAS, the Charter Agreement for Workforce Development Services of Northern Indiana was last amended on May 31, 1991; WHEREAS, the Board of Directors for Workforce Development Services of Northern Indiana is again desirous of amending its Charter Agreement to provide for a changed composition in the Board of Directors for Workforce Development Services of Northern Indiana; and WHEREAS, the Workforce Development Council presently meets six times a year but does not hold joint meetings with the Board of Directors for Workforce Development Services of Northern Indiana; and WHEREAS, a merger of the present Board of Directors for Workforce Development Services of Northern Indiana and the Workforce Development Council will eliminate the present waste of time and resources expended on the duplicative meeting of these two bodies and will permit greater involvement by the Local Elected Officials in the formulation and implementation of Workforce Development Services goals and objectives and the formulation of the job training plan for the Service Delivery Area; and WHEREAS, such a merger is consistent with the provisions of the Job Training Partnership Act of 1982. NOW, THEREFORE, BE IT RESOLVED THAT: 1. A new Charter Agreement for Workforce Development Services be approved wherein a new governance structure will be created with the Board of Directors for Workforce Development Services of Northern Indiana being local elected officials and members of the Workforce Development Council as it is presently structured. 2. The Board of Directors will be comprised of local elected officials representing the Board of Commissioners of Elkhart, Kosciusko, Marshall and St. Joseph Counties and the Mayors of the Cities of Mishawaka and South Bend; and members of the Workforce Development Council representing business, industry, labor, education, economic development, rehabilitation agencies, and other community based organizations in a configuration in which 50% are from St. Joseph County and 50% are from Elkhart, Kosciusko and Marshall Counties. 3. The Common Council of South Bend, Indiana approves this Resolution, amending the Charter Agreement of Workforce Development Services of Northern Indiana and authorizes the execution of said agreement by the Chief Elected Official of the City of South Bend who will service on the Board of Directors of Workforce Development of Northern Indiana /s/ Ann Puzzello Member, South Bend Common Council A public hearing was held on the resolution at this time. Juan Manigault, Executive Director of Workforce Development, made the presentation. He indicated this resolution approved amendments to the Charter Agreement, and will permit restructure of the Board of Directors to enable them to merge with the present Workforce Development Council. He indicated this will provide for greater participation by the cal Elected Officials in the formulation and implementation of the Job Training Plan. Council Member Duda indicated she was an employee of Workforce Development, however, voting on this matter would not be a conflict of interest. Council Member Luecke made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 2089 -94 A RESOLUTION AUTHORIZING THE CONTROLLER TO INVEST AND REINVEST CERTAIN IDLE FUNDS DURING THE YEAR 1994 IN ACCORDANCE WITH I.C. 5- 13 -9 -1, ET SEQ., AND /OR I.C. 5- 13 -11- 1 ET SEQ., AND ALSO AUTHORIZING THE CONTROLLER TO CONDUCT THE CITY'S BUSINESS WITH FINANCIAL INSTITUTIONS THROUGH THE USE OF ELECTRONIC FUND TRANSFERS. There are certain idle funds of the Civil City of South Bend which may be invested for periods of time without affecting the operating of the various departments of the City. MEETING JANUARY 24, 1994 elects to receive distributions from the State of Indiana by means of electronic transfer of funds. SECTION VI. The Controller of the City of South Bend is hereby authorized to contract with a depository institution for the operation of a cash management system. SECTION VII. This resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. /s/ Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this time. Jeff Rinard, Finance Director, made the presentation. He indicated this resolution authorizes the investment of City funds and electronic fund transfers. He indicated the Council resolution giving this authorization for the past several years. Council Member Kelly made a motion to adopt this resolution, seconded by Council Member Luecke. The resolution was adopted by a roll call vote of eight ayes. BILLS. FIRST READING BILL NO. 5 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN ARTICLE 1 OF CHAPTER 2, OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING THE COMMON COUNCIL AND AMENDING VARIOUS SECTIONS WITHIN ARTICLE 5 OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING BOARDS AND COMMISSIONS. This bill had first reading. Council Member Luecke made a motion to refer this bill to the Rules Committee and set it for public hearing and third reading on February 14, seconded by Council Member Duda. The motion carried. BILL NO. 6 -94 A BILL OF THE SOUTH BEND COMMON COUNCIL AMENDING ARTICLE 8 OF CHAPTER 16 OF THE SOUTH BEND MUNICIPAL CODE REGARDING CONDITIONS CONSTITUTING PUBLIC NUISANCES AND AUTHORIZING THE DEPARTMENT OF CODE ENFORCEMENT TO PLACE AMOUNTS DUE AND OWING FOR REMOVAL OF WEEDS AND RANK VEGETATION ON TAX DUPLICATE FOR THE PROPERTY AFFECTED. This bill had first reading. Council Member Luecke made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing and third reading on February 14, seconded by Council Member Duda. The motion carried. BILL NO. 7 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 7 OF THE SOUTH BEND MUNICIPAL CODE TO PROVIDE FOR THE REGULATION OF BASIC SERVICE TIER RATES AND RELATED EQUIPMENT, INSTALLATION AND SERVICE CHARGES OF ANY CABLE TELEVISION SYSTEM OPERATING IN THE CITY OF SOUTH BEND. This bill had first reading. Council Member Luecke made a motion to refer this bill to the Personnel and Finance Committee set it for public hearing and third reading on February 14, seconded by Council Member Duda. The motion carried. BILL NO. 8 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $100,000 FROM THE COVELESKI IMPROVEMENT FUND (FUND NO. 401). This bill had first reading. Council Member Washington made a motion to refer this bill to the Parks Committee set it for public hearing and third reading on February 14, seconded by Council Member Luecke. The motion carried. BILL NO. 9 -94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $5,345.00 FROM THE EAST BANK TRAIL FUND (FUND NO. 402). This bill had first reading. Council Member Washington made a motion to refer this bill to the Parks Committee set it for public hearing and third reading on February 14, seconded by Council Member Duda. The motion carried. PRIVILEGE OF THE FLOOR Joyce Boaler, 1606 Hillsdale, spoke regarding the exemplary service she has received from Solid Waste since they have taken over the City collection. Jim Cierzniak, 1156 E. Victoria, spoke regarding the football hall of fame. Dave Varner, 1306 Clayton Dr., spoke against the football hall, and the proposal to move the Studebaker Museum to the 2010 Project by the airport. There being no further business to come before the Council unfinished or new, Council Member Coleman made a motion to ajourn, seconded by Council Member Washington. The motion carried and the meeting was adjourned at 9:10 p.m. ATTEST: City Clerk ATTEST: e t