11-28-11 Common Council Meeting Minutes

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REGULAR MEETINGNOVEMBER 28, 2011 South Bend has also joined with St. Joseph County and the City of Mishawka to form a Disability Rights Commission, which among other things, was designated to receive and resolve complaints from disabled persons about problems with accessibility. The Commission regularly discussed issues affecting the disabled in our County and cities. She stated that South Bend is now in the process of updating its ADA Title II Transition Plan and it has been working with the Michiana Area Council of Government (MACOG) on this process. She stated that Bill No. 11-66 formally names and designates and ADA Coordinator, which had been done informally in the past. It also adopts and ADA Policy for South Bend and a grievance process. Bill No. 11-67 adopts the ADA Accessibility Standards promulgated by the Department of Justice in 2010, and the 2011 Guidelines for Pedestrian Facilities in the Public Right-of-Way. Ms. DeRose sated that MACOG is coordinating this process among all local government members of MACOG, and all members of MACOG will have or now have similar Resolutions approved by their legislative bodies. A Public Hearing was held on the Resolutions at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to these Resolutions, Councilmember Varner made a motion to adopt Bill No. 11-66. Councilmember White seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. Additionally, Councilmember White made a motion to adopt Bill No. 11-67. Councilmember Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 4132-11 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND AN AMENDMENT TO THE NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION , WHEREAS the South Bend Redevelopment Commission (the “Commission”), governing body of the South Bend Department of Redevelopment and the Redevelopment District of the City of South Bend, Indiana, pursuant to Indiana Code 36-7-14 (the “Act”), on October 25, 2011, approved and adopted its Resolution No. 2949 (the “Declaratory Resolution”) Exhibit A, amending the Northeast Neighborhood Development Area Development Plan entitled “Amendment to the Northeast Neighborhood Development Area Development Plan, October 25, 2011” (the “Plan Amendment”); and , WHEREAS the St. Joseph County Area Plan Commission (the “Plan Commission”), which is the duly designated and acting official planning body for the City of South Bend, Indiana (the “City”), on November 15, 2011, adopted and approved a resolution (No. 224-11), a copy of which is attached hereto as Exhibit B, determining that the Declaratory Resolution and the Plan Amendment conform to the plan of development for the City and approving, ratifying and confirming the Declaratory Resolution and the Plan Amendment, and designated such resolution as the written order of the Plan Commission approving the Declaratory Resolution and the Plan Amendment as required by Section 16 of the Act (the “Plan Commission Order”); and , WHEREAS Section 16 of the Act prohibits the Commission from proceeding until the Plan Commission Order is approved by the municipal legislative body of the City; and , WHEREAS the Common Council of the City is the municipal legislative body of the City and now desires to approve the Plan Commission Order in order to 10