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HomeMy WebLinkAbout03-28-88 Council Meeting MinutesREGULAR MEETING MARCH 28, 1988 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, March 28, 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, Niezgodski, Soderberg, Puzzello, Slavinskas, Zakrzewski, Coleman, Duda and Voorde Absent: None 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 March 14, 1988 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ John Voorde /s/ Loretta Duda Council Member Puzzello made a motion that the minutes of the March 14, meeting of the Council be accepted and placed on file, seconded by Council Member Soderberg. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 1596 -88 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING JAMES R. SEITZ FOR HIS MORE THAN 28 YEARS OF DEDICATED PUBLIC SERVICE TO THE CITY OF SOUTH BEND. WHEREAS, the Common Council recognizes that James R. Seitz began his full -time employment on March 1, 1960 as the Assistant Foreman of Park Maintenance; and WHEREAS, on March 13, 1970, the South Bend Board of Park Commissioners appointed Jim as Acting Superintendent of the Park Department; and on April 16, 1971, he was promoted to be the Superintendent of Parks - a position he has held until his retirement on March 22, 1988; and WHEREAS, under his vision and leadership, our City's park system includes: 71 public parks and playground facilities totalling 1,343 acres, 3 outdoor swimming pools, 3 golf courses, 72 baseball and softball diamonds, 92 tennis courts, 11 football fields, multiple fishing sites, 13 picnic areas and facilities for 5,000 persons, a band shell, a conservatory, a tropical garden, 3 greenhouses, a nature center, and 2 ice rinks; and WHEREAS, the 22 acre Potawatomi Zoo, the 2000 foot East Race Waterway, and the Stanley Coveleski Regional Stadium have all added a new and rich dimension to the abundant recreational activities and events in our City; and WHEREAS, the City of South Bend, Indiana, will long remember the countless contributions made to our community by this dedicated and caring public servant, JAMES R. SEITZ. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commends and thanks JAMES R. SEITZ for his more than 28 years of dedicated public service in the Park Department. SECTION II. The Common Council publicly acknowledges the many contributions made by Jim to our park system "the best in the Midwest" and wishes him and his wife, Margaret, continued success and good fortune in the years ahead. SECTION III. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Steven Luecke Member of the Common Council /s/ Donald Niezgodski Member of the Common Council /s/ William Soderberg Member of the Common Council ATTEST: /S/ Irene Gammon City Clerk /s/ Ann B. Puzzello Member of the Common Council /s/ Linas Slavinskas Member of the Common Council /s/ Thomas Zakrzewski Member of the Common Council /s/ Sean Coleman Member of the Common Council /s/ Loretta Duda Member of the Common Council /s/ John Voorde Member of the Common Council /s/ Joseph Kernan Mayor A public hearing was held on the resolution at this time. Council Member Coleman read the resolution and presented it the Mr. Seitz. Mayor Kernan thanked Jim Seitz for the good work he has done over the past 28 years. Gwen Stiver, President of the Park Board, indicated that under Jim's leadership South Bend's park system ranks first in cities of our size. Karl Steven, Assistant Park Superintendent, indicated Jim would definitely be missed. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Niezgodski. The resolution was adopted by a roll call vote of 9 ayes. RESOLUTION NO. 1597 -88 A JOINT RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AND MAYOR JOSEPH E. KERNAN, PROCLAIMING APRIL 2 -9, 1988, AS NATIONAL COMMUNITY DEVELOPMENT WEEK. WHEREAS, Mayor Joseph E. Kernan and the Common Council of the City of South Bend note the COMMUNITY DEVELOPMENT BLOCK GRANT has been a valuable asset to South Bend since 1975; and WHEREAS, the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM has operated since 1974 to provide local governments with the resources required to meet the needs of persons of low and moderate income; and REGULAR MEETING MARCH 28, 1988 WHEREAS, COMMUNITY DEVELOPMENT BLOCK GRANT funds are used by thousands of neighborhood -based non - profit organizations throughout the Nation to address pressing neighborhood and human service needs; and WHEREAS, during this time of constricted Federal contributions to the task of meeting the needs of low and moderate income persons, the problems have grown as evidenced by the dwindling supply of affordable housing and massive rise in homelessness, and the resurfacing of hunger and malnutrition; and WHEREAS, during this time of Federal withdrawal from responsibility, the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM has assumed increasing importance for meeting pressing community problems; and WHEREAS, the Congress and the Nation has often overlooked the critical value of the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM and the significant number of organizations and projects that rely on its funds for support; and WHEREAS, the Congress of the United States has declared April 2 -9, 1988, NATIONAL COMMUNITY DEVELOPMENT WEEK and have called upon the President and all people of the United States to observe the week with appropriate ceremonies and activities;_ and NOW, THEREFORE, BE IT RESOLVED THAT Joseph E. Kernan and the Common Council of the City of South Bend Indiana, proclaim April 2 -9, 1988, NATIONAL COMMUNITY DEVELOPMENT WEEK and call upon all citizens of our City to participate in ceremonies and activities celebrating the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. /s/ John Voorde Member of the Common Council /s/ Joseph E. Kernan Mayor A public hearing was held on the resolution at this time. Council Member Luecke read the resolution. Kathy Baumgartner, director of the Bureau of Housing, indicated that in 1975 a public - private partnership with the local banking community which would fund home improvements for residents of the City. She indicated the partnership agreed to begin a loan program whereby the local banks would agree to make loans by the Consortium formed by the financial institutions, and in exchange the City, through its Community Development Block Grant Program, agreed to guarantee the payments of the balance of the loan, should the client default on the payment schedule. She indicated that since 1975, the million dollars lent by the Bank Consortium has funded the rehabilitation of 148 homes. Mayor Kernan presented a joint resolution to the bank consortium: First Interstate, First Source, Summit, Tower Federal, Trustcorp, Valley American. He indicated this resolution will draw attention to the great contribution the Community Development Block Grant has made to South Bend. He indicated in the 13 year term over 33 million dollars has been spent on housing, public works, code enforcement, parks, public services, and economic development redevelopment activities. He indicated that without continuation of this program, South Bend will lose a very valuable resource. Council Member Niezgodski made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. 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 Monday, March 28, 1988, at 7:37 p.m., with nine members present. Chairman Zakrzewski presiding. BILL NO. 11 -88 A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR PROPERTY LOCATED AT 713 W. LASALLE IN THE CITY OF SOUTH BEND, INDIANA. BILL NO. 12 -88 A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR PROPERTY LOCATED AT 620 W. LASALLE, IN THE CITY OF SOUTH BEND, INDIANA. Council Member Slavinskas made a motion to combine public hearing on Bill Nos. 11 and 12 -88, seconded by Council Member Puzzello. The motion carried. This being the time heretofore set for public hearing on the above bills, proponents and opponents were given an opportunity to be heard. John Oxian Vice President of Historic Preservation, made the presentation for the bills. He indicated they were requesting landmark designation for the Neitzel residence at 713 W. LaSalle and the Woolman residence at 620 W. LaSalle. Council Member Voorde made a motion to recommend Bill No. 11 -88 to the Council favorable, seconded by Council Member Coleman. The motion carried. Council Member Puzzello made a motion to recommend Bill No. 12 -88 to the Council favorable, seconded by Council Member Coleman. The motion carried. REGULAR MEETING RT._T..T. MARCH 28, 1988 INDIANA, AMENDING VARIOUS SECTIONS OF THE MUNICIPAL CODE FOR THE PURPOSES OF PREVENTING FIRES AND FIRE LOSSES AND TO MINIMIZE AIR POLLUTION CAUSED BY OPEN BURNING. Council Member Duda indicated the task force has met twice on this bill and will continue to meet until they have a recommendation. Council Member Duda made a motion to continue public hearing on this bill indefinitely, seconded by Council Member Puzzello. The motion carried. BILL NO. 8 -88 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF ARTICLE 5, CHAPTER 18 OF THE MUNICIPAL CODE, COMMONLY REFERRED TO AS "PROCEDURES FOR VACATION OF PUBLIC WAYS AND PUBLIC PLACES." This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Kathleen Cekanski - Farrand made the presentation for the bill. Council Member Slavinskas indicated the Zoning and Vacation Committee had met on this bill and recommended it favorably. Council Member Voorde made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Coleman. The motion carried. She indicated there were several administrative problems resulting the the new procedures required by Ordinance No. 7812 -87, which basically did three things: required notice to all property owners within 300 feet, a written appraisal report and payment if the appraisal was one hundred dollars or more. She indicated that in reviewing the overall procedure it would appear that in order to eliminate the problems resulting from the new ordinance the Council should repeal Ordinance No. 7812 -87. She indicated it was also suggested that the overall fee paid by the petitioner be increased to $150 and be non - refundable; require two sets of envelopes to abutting property owners and those within fifty feet of the exterior boundaries; and require an appraisal for property whose area exceeds 3,200 square feet. Council Member Soderberg made a motion to recommend this bill to the Council favorably, as amended, seconded by Council Member Coleman. The motion carried. BILL NO. 9 -88 A BILL APPROVING AN AMENDMENT TO THE INDUSTRIAL REVOLVING FUND OF SOUTH BEND, INDIANA TRUST AGREEMENT. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Donald Inks, Director of Community Planning, made the presentation for the bill. He indicated this bill expands the boundaries within which the Industrial Revolving Fund may make loans to businesses to include the Toll Road Industrial Park. He indicated this will enable the IRF to proceed with a loan to AE Pistons, Inc., and will also enable the City to receive a $100,000 grant from the State, for the purpose of 'making a loan to AE Pistons, Inc. Council Member Niezgodski made a motion to recommend this bill to the Council favorably, seconded by Council Member Coleman. The motion carried. BILL NO. 10 -88 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF ARTICLE 1 OF CHAPTER 2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, COMMONLY REFERRED TO AS "THE COMMON COUNCIL." This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Kathleen Cekanski- Farrand, Council Attorney, made the presentation for the bill. She indicated this bill should be amended by substitution. Council Member Puzzello made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Coleman. The motion carried. She indicated this bill addresses the following: current State law in regarding to filling a vacancy on the Council; authorizing the City Clerk to maintain an on -going accounting of all travel expenses for the Council; establish a Mayor's annual address to the Council; Rotate roll call votes; clarify that the Vice President presides in the absence of the Chairman of the Committee of the Whole; require a letter mustaccompany each proposed ordinance and resolution; require any reports from Council committees be given first, with reports from city departments or subdivision coming second, and any reports from Area Plan coming third; clarify the procedure to be following during public hearings;'a thirty minute maximum for the public portion speaking in opposition to a bill or resolution; set forth rules and regulations governing the privilege of the floor section. Council Member Voorde made a motion to recommend this bill to the Council favorably, as amended, seconded by Council Member Coleman. The motion carried. BILL NO. 16 -88 A BILL AMENDING SECTION 6 -6.5 OF THE SOUTH BEND MUNICIPAL CODE WHICH SETS FORTH RESTRICTED FIRE LIMITS. REGULAR MEETING MARCH 28, 1988 I proponents and opponents were given an opportunity to be heard. Ann Kolata, Acting Director of Economic Development, made the presentation for the bill. She indicated this bill would exempt non - combustible parking structures from the provisions of Section 6.5(c) which would require them to be Type I construction or to be totally installed with automatic sprinkler devices. Council Member Niezgodski made a motion to recommend this bill to the Council favorably, seconded by Council Member Coleman. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Voorde made a motion to rise and report to the Council, seconded by Council Member Niezgodski. The motion carried. ATTEST: City Clerk REGULAR MEETING RECONVENED ATTEST: Chairman Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 8:00 p.m. Council President Voorde presiding and nine members present. BILLS. SECOND READING ORDINANCE NO. 7859 -88 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR PROPERTY LOCATED AT 713-W. LASALLE IN THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Puzzello made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7860 -88 AN ORDINANCE AMENDING.THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR PROPERTY LOCATED AT 620 W. LASALLE, IN THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Zakrzewski made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7861 -88 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF ARTICLE 5, CHAPTER 18 OF THE MUNICIPAL CODE, COMMONLY REFERRED TO AS "PROCEDURES FOR VACATION OF PUBLIC WAYS AND PUBLIC PLACES." This bill had second reading. Council Member Puzzello made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Zakrzewski. The motion carried. Council Member Luecke made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. �,i ORDINANCE NO. 7862 -88 AN ORDINANCE APPROVING AN AMENDMENT TO THE INDUSTRIAL REVOLVING FUND OF SOUTH BEND, INDIANA TRUST AGREEMENT. This bill had second reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Luecke. The bill passed by a roll call vote of nine ayes. U� ORDINANCE NO. 7863 -88 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF ARTICLE 1 OF CHAPTER 2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, COMMONLY REFERRED TO AS "THE COMMON COUNCIL." This bill had second reading. Council Member Puzzello 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 Puzzello made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 7864 -88 AN ORDINANCE AMENDING SECTION 6 -6.5 OF THE SOUTH BEND MUNICIPAL CODE WHICH SETS FORTH RESTRICTED FIRE LIMITS. This bill had second reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Niezgodski. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 1598 -88 A RESOLUTION OF THE SOUTH BEND COMMON COUNCIL EXPANDING THE BOUNDARIES OF THE SOUTH BEND CENTRAL DEVELOPMENT AREA, DESIGNATING THE SOUTH BEND CENTRAL DEVELOPMENT AREA TO BE - LIGHTED, EXPANDING THE ALLOCATION AREA FOR PURPOSES OF TAX INCREMENT FINANCING, APPROVING THE ORDER OF THE AREA PLAN COMMISSION OF ST. JOSEPH COUNTY WITH REGARD TO THE DEVELOPMENT PLAN AS AMENDED FOR THE SOUTH BEND CENTRAL DEVELOPMENT AREA, AND ADOPTING THAT DEVELOPMENT PLAN. WHEREAS, the South Bend Redevelopment Commission (Commission), pursuant to Indiana Code 36- 7 -14 -1 et seq., (Act), has conducted additional surveys and investigations and has thoroughly studied the area in the City of South Bend (City), St. Joseph County, Indiana, previously designated by the Commission as the South Bend Central Development Area; and WHEREAS, the Commission, on March 11, 1988, adopted Declaratory Resolution No. 834 expanding the boundaries of the South Bend Central Development Area, redeclaring the area as expanded to be blighted, expanding the allocation area for purposes of tax increment financing to be concurrent with such area as expanded, amending the development plan and reapproving the development plan as amended; and WHEREAS, the South Bend Central Development Area, as expanded, is described as follows and is hereinafter referred to as the "Area ": A parcel of land being a part of the City of South Bend, Portage Township, St. Joseph County, Indiana and being more particularly described as follows, viz: Beginning at the point of intersection of the south right -of -way line of Sample Street with the west right -of -way line of Michigan Street; thence north along said west right -of -way line of Michigan Street to its intersection with'the northerly line of the Conrail Railroad (formerly Penn Central) right -of -way; thence northwesterly along said northerly railroad right -of -way line to its intersection with the southerly projection of the west right -of -way line of Taylor Street; thence ,north along said west right -of -way line to its intersection with the westerly projection of the north right -of -way line of vacated Monroe Street; thence east along the said projected right -of- way line to the intersection with the east right -of -way line of Taylor Street said point also being the southwest corner of Lot 16, Block 7 of Vail's Southwest Addition to the City of South Bend; thence north along the said east right -of -way line to the intersection with the centerline of the first 14 -foot, vacated, alley lying north of vacated Monroe Street; thence east along the said centerline to a point on the said centerline that is 93.00 feet west of the east right- of -way line of Williams Street; thence south parallel with the west right -of -way line of Williams Street, 114.00 feet; thence east 93.00 feet to a point on the east right -of -way line of Williams Street, said point being 8.00 feet south of the southwest corner of Lot 14, Block 8, of said Vail's Southwest Addition and the beginning of vacated Williams Street to the south; thence north 8.00 feet along the east line of Williams Street to the said southwest corner of Lot 14, Block 8; thence east along the south line of said Lot 14, Block 8, to the southwest corner of Lot 6, Block 8; thence southeasterly to a point on the east line of Lot 31 of saidVail's Southwest Addition, said point being 25.00 feet north of the southeast corner of said Lot 31; thence south along the east line of Lot 31 to the north right -of -way line of vacated Monroe Street; thence east along the north right -of -way line of said vacated Monroe Street to its intersection with the southerly projection of the centerline of the first 14 foot alley lying west of Lafayette Boulevard; thence north along said projection and the centerline of said 14 foot alley to the south right -of -way line of Washington Street; thence west along said south right -of -way line to the east right -of -way line of William ,Street; thence north along said east right -of -way line to the north right -of -way line of Colfax Avenue; thence east along said north right -of -way line to the centerline of the first 14 foot alley lying west of Lafayette Boulevard; thence north along said centerline, in certain places being sometimes known as St. James Court, to the north right -of -way line of LaSalle Street; thence east along said north right -of -way line to the west right -of -way line of Michigan Street; thence north along said west right -of -way line to the westerly projection of the north line of Lot 111 in the Original Plat to the Town, now City of South Bend; thence east along said projection, the north line of said Lot 111 and its easterly REGULAR MEETING MARCH 28, 1988 meandering northeasterly and northwesterly along said centerline to the westerly projection of the south right -of -way line of Corby Street; thence east along said projection and the south right -of -way line of said Corby Street to the centerline of the first 14 foot alley lying west of Hill Street; thence south along said centerline to the north right- of -way line of Crescent Avenue; thence southeasterly to the point of intersection of the south right -of -way line of said Crescent Avenue with the centerline of the first 14 foot alley lying west of said Hill Street; thence southeasterly, southwesterly and south along the centerline of said alley to the centerline of the first 14 foot alley lying north of Cedar Street; thence east along said centerline to the centerline of the first 14 foot alley lying east of Hill Street; thence south along said centerline to the south right -of -way line of Jefferson Boulevard; thence west along said south right -of -way line to the centerline of the St. Joseph River; thence southeasterly along said centerline to the easterly projection of the southerly right -of -way line of Monroe Street; thence southwesterly along said projection and the southerly right -of -way line of Monroe Street to the easterly right -of -way line of Lincolnway east (U.S. Highway #33); thence southeasterly along said easterly right- of -way line to the south right -of -way line of Sample Street; thence west along said south right -of -way line to the place of beginning. WHEREAS, upon such additional surveys, investigations and studies being made, the Commission found and determined in its Resolution No. 834 that the Area is blighted to an extent that cannot be corrected by regulatory processes or by the ordinary operations of private enterprise without resort to the provisions of the Act and that the public health and welfare would be benefitted by the acquisition and redevelopment of the Area under the provisions of the Act; and WHEREAS, the Commission has previously caused to be prepared maps and plats of the Area which show the boundaries of the Area, the location of the various parcels of property, streets, alleys and other features affecting the acquisition, clearance, replatting, replanning, rezoning, or redevelopment of the Area, indicating the parcels of property to be excluded from acquisition and the parts of the Area to be devoted to public ways, levees, sewerage, parks, playgrounds and other public purposes; and WHEREAS, the Commission has amended the South Bend Central Development Plan and has adopted such plan as amended to serve as the plan for the Development3 development of the Area and such plan as amended shall hereinafter be referred to as the "Development Plan "; and WHEREAS, the Commission has found and determined in its Resolution No. 834 that there is a substantial presence of factors such as excessive vacant land on which structures were previously located, abandoned or vacant buildings, old buildings, excessive vacancies, substandard structures, and delinquency in payment of real property taxes in the Area; and WHEREAS, the Commission has submitted its Resolution No. 834, together with supporting data, to the Area Plan Commission of St. Joseph County, and the Area Plan Commission of St. Joseph County by its Resolution No. 97, adopted on March 15, 1988, approved, ratified and confirmed the Development Plan and Resolution No. 834 and determined that Resolution No. 834 and the Development Plan conform to the master plan of development for the City of South Bend; and WHEREAS, the South Bend Common Council, as governing body of the City, is required by the Act to approve an order of the Plan Commission and is further required by certain provisions of the Tax Reform Act of 1986 to designate the area as blighted and to adopt the Development Plan; and WHEREAS, the Common Council has received from the Commission certain findings of fact which concern the location, physical condition of structures, land use, environmental influences and other economic conditions of the Area, a copy of which findings of fact are attached hereto and incorporated fully herein as Exhibit A; and WHEREAS, the Common Council is cognizant of the conditions that are imposed under Title VI of the Civil Rights Act of 1964, as amended, providing that no person shall, on the grounds of race, age, sex, color, religion, or national origin, be excluded from participation in or be denied the benefits of, or be subjected to discrimination in the undertaking and carrying out of any federally- assisted project. NOW, THEREFORE, BE IT RESOLVED by the South Bend Common Council, as follows: Section 1. The order of the Area Plan Commission of St. Joseph County, pursuant to its Resolution No. 97, attached hereto as Exhibit B and made a part hereof, is in all respects approved. I� _-PPGUT -AR MEETING MARCH 28, 1988 Section 2. The Common Council hereby finds and determines that there is a substantial presence of factors such as excessive vacant land on which structures were previously located, abandoned or vacant buildings, old buildings, excessive vacancies, substandard structures and delinquency in payment of real property taxes in the Area. Section 3. The Common Council hereby finds and determines, based upon the aforementioned evidence consisting of the maps and plats of the Area and findings of fact now submitted to it, that,the Area which is blighted to an extent that cannot be corrected by regulatory processes or by the ordinary operation of private enterprise without resort to the Act and that the public health and welfare will continue to be benefitted by the continued acquisition and redevelopment of the Area 'under the Act. Section 4. The Common Council hereby finds that the Area is a menace to the social and economic interest of the City and its inhabitants, and it is of public utility and benefit to acquire and redevelop the Area under the Act. Section 5. The Common Council hereby finds and determines that the objectives of the Development Plan cannot be achieved through more extensive rehabilitation of the Area. Section 6. The Common Council hereby finds and ,determines that the Area consists of four hundred forty -nine (449) acres and is contiguous and compact. Section 7. To the extent that qualified redevelopment bonds under Section 144(c) of the Internal Revenue Code of 1986 are issued to pay for all or a part of the redevelopment within the area, the use of proceeds of such bond issues shall be limited as required by Section 144(c), and no use of the property within the area shall be allowed which use would be prohibited by Section 144(c). Section 8. The Common Council hereby finds and determines that the Commission Resolution No. 834 and the Development :Plan are in all respects approved and adopted and directs the City Clerk to file certified copies thereof with the minutes of this meeting. Section 9. The Common Council reapproves and reconfirms all other findings, determinations, and conclusions in the Commission's Resolution No. 737, 745, 751, 795 and 800 as approved by-previous resolutions of the Common Council, which include but are not limited''to the approval of the designation and establishment of the South Bend Central Allocation Area (South Bend Allocation Area No. 1A), pursuant to Section 39 of the Act and the Common Council approves and confirms the expansion in Commission Resolution No. 834 of such allocation area to be coterminous with the Area. Section 10. The Common Council hereby assures the United States of America of full compliance by the City with the provisions of Title VI of the Civil Rights Act of 1964, as amended, and the',regulations of the Department of Housing and Urban Development effectuating that title. Section 11. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /John Voorde Member of the South Bend Common Council A public hearing was held on the resolution at this time. Ann Kolata, Acting Director of Economic Development, indicated this resolution expanded the boundaries of the Central Development Area, which would bring all of the Coveleski Stadium into the Redevelopment Area. She indicated this is one in the series of steps that will permit the City to refinance the Stadium with the issuance of bonds. Council Member Luecke made a motion to adopt this resolution, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of''nI ayes. UNFINISHED BUSINESS Council Member Coleman indicated the Park Committee had met on the problems at Rum Village. Reports from Area Plan: Council Member Coleman made a motion to set Bill No. 66 -88 for public hearing and third reading April 11, seconded by Council Member Niezgodski. The motion carried. Council Member Luecke made a motion to set Bill No. 7 -88 for public hearing and third reading April 11, seconded by Council Member Puzzello. The motion carried. REGULAR MEETING MARCH 28, 1988 PRIVILEGE OF THE FLOOR Mike Coleman, 1023 Sherman, indicated a bridge should be built between Memorial and St. Joseph hospitals. He indicated a walking bazaar should be built along the East Race. Ralph Johnson, 744 N. Cushing, indicated they should change Lafayette from a one way street to two way traffic. Council Member Coleman made a motion to suspend the rules to have Bill No. 138 -87 set for public hearing and second reading, seconded by Council Member Luecke. The motion carried on a roll call vote of nine ayes. Council Member Coleman made a motion to set Bill No. 138 -87 for public hearing and third reading, April 11, seconded by Council Member Zakrzewski. The motion carried There being no further business to come before the Council, unfinished or new, Council Member Zakrzewski made a motion to adjourn, seconded by Council Member Coleman. The motion carried and the meeting was adjourned at 8:25 p.m. ATTEST: City Clerk APPROVED: President 9