Loading...
HomeMy WebLinkAbout05-18-81 Council Meeting MinutesREGULAR MEETING MAY 18, 1981 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, May 18, 1981, at 7:00 p.m. The meet- ing was called to order and the Pledge to the Flag was given. 'Dnr.r_ Oars. Present: Council Members Serge, Szymkowiak Beck, Taylor, Zielinski, Crone, Dombrowski, Voorde and McGann Absent: None REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: Your sub - committee on the inspection and supervision of the minutes would res- pectfully report that it has inspected the minutes of the April 28, and May 8, 1981, meetings of the Council and found them correct. The sub- committee, therefore, recommends that the same be approved. /s/ Lewis A. McGann /s/ Beverly D. Crone Council Member Serge made a motion that the minutes of the April 28, and May 8, 1981, meetings of the Council be accepted and placed on file, seconded by Council Member Taylor. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 883 -81 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING WALTER T. KOPCZYNSKI FOR HIS MORE THAN NINE YEARS OF DEDICATED SERVICE AS A 6TH DISTRICT COUN- CILMAN. REGULAR MEETING MAY 18, X981 WHEREAS, the Common Council of the City of South Bend recognizes that Walter T. Kopczynski has diligently served the citizens of the 6th District since 1972; and WHEREAS, in his almost ten years of public service, Councilman Kopczynski has earned the reputation of being a fiercely dedicated and hard - working public servant; and WHEREAS, his keen insight and wide range of background experiences have enabled him to carefully scrutinize every program ever brought for City Council considera- tion; and WHEREAS, his special talents have insured that City programs have been fiscally responsible thus giving him the title of the "Champion of the Hard - Working City Tax- payers"; and WHEREAS, the Common Council recognizes with pride some of Councilman Kopczynski's many contributions to the City of South Bend including; his work to provide safer streets by an improved Snow Removal Ordinance; his many contributions on public works projects; his continuing advocacy for fishing parks, hatcheries, boat ramps and other recreational improvements; his promotion of buying quality firefighting police and street equipment; and WHEREAS, the Common Council will long remember Councilman Kopczynski as a man who is extremely proud of his Polish ancestry and who is driven by an ideal to serve the citizens of South Bend to the very best of his abilities. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows. SECTION I. On behalf of the citizens of South Bend, the Common Council of the City of South Bend, Indiana, hereby publicly commends and thanks Councilman Walter T. Kopczynski for his over nine years of dedicated service as the 6th District Coun- cilman. SECTION II. The Common Council publicly acknowledges Councilman Kopczynski's many contributions to improving the quality of life in South Bend,,and wishes him-and his family 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/ JosephT. Serge /s /Walter M.Szymkowiak /s /Beverlie J. Beck /s /Lewis A. McGann /s /Robert G. Taylor /s /Beverly D. Crone /s /Richard C. Dombrowski /s /John Voorde Council President McGann read the above resolution. He then presented the framed resolution to Walter Kopczynski. Mayor Parent presented a commendation to Walter Kopczynski. REPORTS Council Member Crone indicated that the Personnel & Finance Committee had met re- garding Bill No. 45 -81, and gave a favorable recommendation to the bill. Mayor Parent welcomed Ray Zielinski as the new councilman from the Sixth District. Council Member Dombrowski made a motion to resolve into the Committee of the Whole, seconded by Council Member Taylor. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the-Com- mittee of the Whole on Monday, May 18, 1981, at 7.10 p.m., with nine members present. Chairman Voorde presiding. Council President McGann made a motion to change the order of the agenda to have public hearing on Bill No. 28 -81 before Bill No. 27 -81, seconded by Council Member Beck. The motion carried. BILL NO. 28 -81 A BILL AMENDING AND SUPPLEMENTING 21 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, ALSO KNOWN AS ORDINANCE NO. 4990 -68, AS AMENDED, AND GENERALLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, BY ADDING PRO- VISIONS RELATIVE TO A MIXED USE MULTI - FAMILY RESIDENTIAL AND COMMERCIAL ZONING DISTRICT. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Patrick McMahon, Director of Redevelopment, made the presentation for the bill. He indicated the purpose of this bill was to made a revision in the A -3 zoning ordinance to incorporate certain pro- visions which permit multi - family residential and business commercial uses that com- plement the Central City Area. He indicated this would clarify a number of the cat- egories under the A -3 zoning. Council President McGann made a motion to amend the bill be accepting a substitute bill filed with the City Clerk, seconded by Council Member Taylor. The motion carried. Council Member Szymkowiak made a motion to re- commend the bill to the Council favorable, as amended, seconded by Council Member Taylor. The motion carried. REGULAR MEETING MAY 18, 1981 BILL NO. 27 -81 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (EAST BANK). This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an oppportunity to be heard. Patrick McMahon, Director of Redevelopment, made the presentation for the bill. He indicated this rezoning would put into effect the A -3 Zoning ordinance in the East Bank. Ray Kuykendal, 16449 Chandler Blvd., spoke against this rezoning. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Beck. The motion carried. BILL NO.29 -81 A BILL AMENDING AND SUPPLEMENTING CHAPTER 21 OF THE MUNI- CIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, BY ADDING PROVISIONS RELATIVE TO REDEVELOPMENT PROJECT AREAS AND AMENDING PERTINENT SECTIONS. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Patrick McMahon, Director of Redevelopment, made the presentation for the bill. He indicated the current ordi- nance was set up under R -66, this bill would extend several provisions that relate to the downtown redevelopment area to cover other redevelopment areas. He indicated this bill would establish a Design Review Committee in redevelopment project areas and sign controls in such areas. Council President McGann made a motion to amend this bill by accepting the substitute bill on file with the City Clerk, seconded Council Member Crone. The motion carried. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Taylor. The motion carried. BILL NO. 45 -8.1 A BILL FIXING MAXIMUM SALARIES AND WAGES OF_APPOINTED OF- FICERS.AND EMPLOYEES.OF THE_CITY OF SOUTH BEND, INDIANA, FOR THE YEAR OF 1982. 13r-- 's This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Joseph Kernan, City Controller, made the presentation for the bill. He indicated this bill would set maximum sal- aries for all employees for the City of South Bend. He indicated this bill reflects the agreement reached by the Mayor and the Council. Stanley Przybylinski, member of the Board of Safety, made a plea not to delete the position of the assistant to the Board of Safety. Council President McGann made a motion that a new page 8 be sub- stituted for the original page 8 in the bill, seconded by Council Member Crone. The motion carried. Council Member Taylor spoke in favor of not removing the position of Assistant Safety Director. He made a motion that this position be reinstated and place in salarywise in accordance with the salary ordinance, seconded by Council Member Beck. Council Member Beck spoke in favor of this position. Council Member Serge indicated that the two previous administrations combined the positions of mayor's assistant and safety director. Council Member Dombrowski spoke against this position. Council Member Voorde spoke against this position. The motion failed on a roll call vote of two ayes (Council Members Taylor and Beck) and seven nays. Council McGann made a motion to recommend the bill to the Council favorable, as amended, seconded by Council Member Dombrowski. Council Member Crone spoke against this bill. The motion carried. Council Member Dombrowski made a motion to rise and report to the Council, seconded by Council Member Taylor. The motion carried. ATTEST: ATTEST: Clerk Ch rman REGULAR MEETING RECONVENED 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 8:01 p.m. Coun- cil President McGann Presiding and Nine Members present. BILLS. SECOND READING ORDINANCE NO. 6917 -81 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 21 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, ALSO KNOWN AS ORDI- NANCE NO. 4990 -68, AS AMENDED, AND GENERALLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, BY ADDING PROVISIONS RELATIVE TO A MIXED USE MULTI- FAMILY RESIDENTIAL AND COMMERCIAL ZONING DISTRICT. This bill had second reading. Council Member Taylor made a motion to amend the bill, as amended in the Committee of the Whole, seconded by Council Member Beck. The motion carried. Council Member Taylor made a motion to pass the bill, as amended, seconded by Council Member Beck. The bill passed by a roll call vote of nine ayes. REGULAR MEETING MAY 18, 1981 ORDINANCE NO. 6918 -81 AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (EAST BANK). This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of eight ayes (Council Member McGann abstained.) ORDINANCE NO. 6919-81 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 21 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMEND- ED, BY ADDING PROVISIONS RELATIVE TO REDEVELOPMENT PROJECT AREAS AND AMENDING PERTINENT SECTIONS. This bill had second reading. Council Member Beck made a motion to amend this bill, as amended, in the Committee of the Whole, seconded by Council Member Taylor. The motion carried. Council Member Serge made a motion to pass this bill, as amended, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6920 -81 AN ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR OF 1982. This bill has second reading. Council Member Beck made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Voorde. The motion carried. Council Member Beck made a motion to pass the bill, as amended, seconded by Council Member Voorde. The bill passed by a roll call vote of seven ayes and two nays (Council Members Crone and Dombrowski.) RESOLUTIONS RESOLUTION NO. 884 -81 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE AWARD OF TWO CONTRACTS IN EX- CESS OF $10,000.00 FOR THE REHABILITATION WORK IN THE COM- MUNITY DEVELOPMENT PROGRAM THROUGH THE BUREAU OF HOUSING'S REHABILITATION GRANT PROGRAM. WHEREAS, several bids for rehabilitation work under the Community Development Housing Rehabilitation Grant Program have exceeded $10,000.00. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana; 1. That approval be granted to the Redevelopment Commission of the City of South Bend, Indiana to enter into a contract with the following contractors for the rehabilitation work on the following properties: /s /Lewis A. McGann Member of the Common Council A public hearing was held on the resolution at this time. Kathy Baum- gartner, Director of the Bureau of Housing, indicated they needed the Council's approval in order to rehab these two properties. Council Member Voorde made a motion to adopt this resolution, seconded by Council Member Szymkowiak. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 885 -81 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE DEVELOPMENT PLAN AND THE MAKING OF RELOCATION PAYMENTS FOR THE MONROE - SAMPLE DEVELOPMENT PROJECT AREA. WHEREAS, the City of South Bend Department of Redevelopment (the "Department "), pursuant to the Redevelopment of Cities and Towns Act of 1953, as amended (Indiana Code 18 -7 -7) (the "Act "), has conducted surveys and investigations and has thoroughly studied the area in the City of SouthBend, County of St. Joseph, State of Indiana, and designated the area as the "Monroe- Sample Development Area" (the "Area:), which area is more particularly described by a line drawn as follows: South Bend, Portage Township, St. Joseph County, Indiana and being more particularly described as follows, viz: DOLLAR AMOUNT REHABILITATION CONTRACTORS ADDRESS OF CONTRACT NUMBER Jurtin's Cons. Co. 1106 W. Thomas $10,953.00 CD6 /PR /CS -1/4 Wilton's Cons. Co. 521 E. Howard $10,529.00 CD6 /PR /CS -1/6 2. That this resolution shall be in full force and effect from and after its adoption by the Common Council and its approval by the Mayor of the City of South Bend, Indiana. /s /Lewis A. McGann Member of the Common Council A public hearing was held on the resolution at this time. Kathy Baum- gartner, Director of the Bureau of Housing, indicated they needed the Council's approval in order to rehab these two properties. Council Member Voorde made a motion to adopt this resolution, seconded by Council Member Szymkowiak. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 885 -81 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE DEVELOPMENT PLAN AND THE MAKING OF RELOCATION PAYMENTS FOR THE MONROE - SAMPLE DEVELOPMENT PROJECT AREA. WHEREAS, the City of South Bend Department of Redevelopment (the "Department "), pursuant to the Redevelopment of Cities and Towns Act of 1953, as amended (Indiana Code 18 -7 -7) (the "Act "), has conducted surveys and investigations and has thoroughly studied the area in the City of SouthBend, County of St. Joseph, State of Indiana, and designated the area as the "Monroe- Sample Development Area" (the "Area:), which area is more particularly described by a line drawn as follows: South Bend, Portage Township, St. Joseph County, Indiana and being more particularly described as follows, viz: 13 -!-? REGULAR MEETING MAY 18, 1981 Beginning at the intersection of the centerlines of Michigan Street and Monroe Street in said City; thence East, along said Monroe Street centerline, to the centerline of Lin - colnway East; thence Southeasterly along said centerline to its intersection with the centerline of State Road 23; thence Southwesterly and westerly along said centerline (being, in part, also known as the centerline of Sample Street) to its intersection with the centerline of Michigan Street; thence North along said centerline to the place of beginning. WHEREAS, the Department has made detailed studies of the location, physical condition of structures, land use, environmental influences, and the social, cultural, and economic conditions of the Area and has determined that the Area is a blighted area and that it constitutes a menace to the social and economic interests of the City of South Bend and its inhabitants and it would be of public utility and benefit to acquire real estate in such Area and redevelop the Area under the provisions of the Act; and WHEREAS, the Department approved a Development Plan for the Area dated February 2, 1981, and amended on April 16, 1981, entitled "Monroe- Sample Development Area, Development Plan, South Bend, Indiana ", consisting of 21 pages (the "Development Plan "), which has been submitted to the Common Council for review and approval; and WHEREAS, the Department has adopted its Declaratory Resolution No. 636 on April 16, 1981, redeclaring the Area to be blighted and adding additional parcels to the acquisition list; and WHEREAS, the Area Plan Commission of St. Joseph County, Indiana, which is the duly designated and acting official planning body for the City of South Bend, has issued its written order approving said Declaratory Resolution and the Development Plan, as amended, and has certified that said Development Plan, as amended, conforms to the master plan of development for the City of South Bend; 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, be denied the benefits of, or be subjected to discrimination in the undertaking and carrying out of any federally- assisted projects. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend: 1. That it is hereby found and determined that the Area is a blighted area and qualifies as an eligible project area under the Act. 2. That it is hereby found and determined that the objectives of the Development Plan, as amended, cannot be achieved through more extensive rehabilitation of the Area. 3. That it is hereby found and determined that the Development Plan, as amended, for the Area conforms to the master plan of development for the City of South Bend. 4. That it is hereby found and determined that the Development Plan, as amended, for the Area will afford maximum opportunity, consistent with the sound needs of the City of South Bend as a whole, for the redevelopment of the Area by private enterprise in concert with the Department. 5. That it is hereby found and determined that the Development Plan, as amended, for the Area gives due consideration to the provision of adequate park and recreational areas and facilities, as may be desirable for neighborhood improvement, with special consideration for the health, safety, and welfare of children residing in the general vicinity of the Area. 6. That the Declaratory Resolution of the Department and the Development Plan, as amended, are hereby in all respects approved. 7. That, in order to implement and facilitate the Development Plan hereby ap- proved, it is found and determined that certain official action must be taken by the City of South Bend with reference, among other things, to changes in zoning, vacation and removal of streets, alleys and other public ways, the establishment of new street patterns, the location and relocation of sewer and water mains and other public fac- ilities, the other public actions, and accordingly the Common Council hereby (a) pledges it cooperation in helping to carry out such Development Plan; (b) requests the various officials, departments, boards and agencies of the City of South Bend having admin- istrative responsibilities to likewise cooperate to such end and to exercise their respective functions and powers in a manner consistent with the Development Plan; and (c) stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Development Plan,•as amended. 8. That the United States of America be, and hereby is assured of full com- pliance by the City of South Bend 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. REGULAR MEETING MAY 18, 1981 9. That this Resolution shall bein full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Lewis A. McGann Member of the Common Council A public hearing was held on the resolution at this time. Ann Kolata, Deputy Director of Redevelopment, indicated this resolution gives Council approval to the Monroe - Sample Redevelopment Plant, as amended, and establishes the Monroe - Sample Develpment Area. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 46 -81 A BILL AMENDING CHAPTER 20 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, BY THE INCLUSION OF NEW ARTICLE 12 ENTITLED MOTOR VEHICLE NOISE CONTROL. This bill had first reading. Council Member Beck made a motion to set this bill for public hearing and second reading July 13, and refer it to the Residential Neighbor- hood Committee, seconded by Council Member Taylor. The motion carried. BILL NO. 47 -81 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (2501 MISHAWAKA AVE.) This bill had first reading. Council Member Taylor made a motion to refer this bill to Area Plan, seconded by Council Member Voorde. The motion carried. BILL NO. 48 -81 A BILL REDUCING VARIOUS ACCOUNTS WITHIN THE BUREAU OF STREETS' BUDGET WITHIN THE MOTOR VEHICLE HIGHWAY FUND. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading June 8, seconded by Coun Member Beck. The motion carried. BILL NO. 49 -81 A BILL APPROPRIATING $28,000.00 FOR THE DESIGN OF A WELL FIELD AND TREATMENT FACILITY TO BE LOCATED IN THE NORTHWEST PART OF THE CITY, AND APPROVING SAID CONTRACT FOR THOSE SERVICES BETWEEN LAWSON- FISHER ASSOCIATES AND THE BOARD OF SOUTH BEND WATER WORKS COMMISSIONERS. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading June 8, and refer it to the Utilities Committee, seconded by Council Member Crone. The motion carried. BILL NO. 50 -81 A BILL APPROPRIATING $10,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR THE 1981 ETHNIC FESTIVAL, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND, INDIANA, THROUGH ITS DEPARTMENT OF ADMINISTRATION AND FINANCE. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading June 8, seconded by Council Member Dombrowski. The motion carried. BILL NO. 51 -81 A BILL APPROPRIATING $144,000.00 FROM THE GENERAL FUND, FOR STREET MAINTENANCE AND REPAIR TO BE ADMINISTERED BY THE CITY OF SOUTH BEND, INDIANA, THROUGH THE DEPARTMENT OF PUBLIC WORKS. This bill had second reading. Council Member Taylor made a motion to set this bill for public hearing and second reading June 8, seconded Council Member Beck. The motion carried. BILL NO. 52 -81 A BILL APPROPRIATING $10,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR ALTERNATIVE FUEL CONSERVATION TO BE ADMINISTERED BY THE CITY OF SOUTH BEND, INDIANA, THROUGH THE VEHICLE MAINTENANCE DEPARTMENT. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading June 8, and refer it to the Public Works Committee, seconded by Council Member Dombrowski. The motion carried. NEW BUSINESS ORDINANCE NO. 6915 -81 (veoted by the Mayor) AN ORDINANCE FIXING MALXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND EMPLOYEES OF THE CITYOF SOUTH BEND, INDIANA, FOR THE YEAR 1982. No motion was made to override the veto. REGULAR MEETING MAY 18, 1981 Beginning at the intersection of the centerlines of Michigan Street and Monroe Street in said City; thence East, along said Monroe Street centerline, to the centerline of Lin - colnway East; thence Southeasterly along said centerline to its intersection with the centerline of State Road 23; thence Southwesterly and westerly along said centerline (being, in part, also known as the centerline of Sample Street) to its intersection with the centerline of Michigan Street; thence North along said centerline to the place of beginning. WHEREAS, the Department has made detailed studies of the location, physical condition of structures, land use, environmental influences, and the social, cultural, and economic conditions of the Area and has determined that the Area is a blighted area and that it constitutes a menace to the social and economic interests of the City of South Bend and its inhabitants and it would be of public utility and benefit to acquire real estate in such Area and redevelop the Area under the provisions of the Act; and WHEREAS, the Department approved a Development Plan for the Area dated February 2, 1981, and amended on April 16, 1981, entitled "Monroe- Sample Development Area, Development Plan, South Bend, Indiana ", consisting of 21 pages (the "Development Plan "), which has been submitted to the Common Council for review and approval; and WHEREAS, the Department has adopted its Declaratory Resolution No. 636 on April 16, 1981, redeclaring the Area to be blighted and adding additional parcels to the acquisition list; and WHEREAS, the Area Plan Commission of St. Joseph County, Indiana, which is the duly designated and acting official planning body for the City of South Bend, has issued its written order approving said Declaratory Resolution and the Development Plan, as amended, and has certified that said Development Plan, as amended, conforms to the master plan of development for the City of South Bend; 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, be denied the benefits of, or be subjected to discrimination in the undertaking and carrying out of any federally- assisted projects. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend: 1. That it is hereby found and determined that the Area is a blighted area and qualifies as an eligible project area under the Act. 2. That it is hereby found and determined that the objectives of the Development Plan, as amended, cannot be achieved through more extensive rehabilitation of the Area. 3. That it is hereby found and determined that the Development Plan, as amended, for the Area conforms to the master plan of development for the City of South Bend. 4. That it is hereby found and determined that the Development Plan, as amended, for the Area will afford maximum opportunity, consistent with the sound needs of the City of South Bend as a whole, for the redevelopment of the Area by private enterprise in concert with the Department. 5. That it is hereby found and determined that the Development Plan, as amended, for the Area gives due consideration to the provision of adequate park and recreational areas and facilities, as may be desirable for neighborhood improvement, with special consideration for the health, safety, and welfare of children residing in the general vicinity of the Area. 6. That the Declaratory Resolution of the Department and the Development Plan, as amended, are hereby in all respects approved. 7. That, in order to implement and facilitate the Development Plan hereby ap- proved, it is found and determined that certain official action must be taken by the City of South Bend with reference, among other things, to changes in zoning, vacation and removal of streets, alleys and other public ways, the establishment of new street patterns, the location and relocation of sewer and water mains and other public fac- ilities, the other public actions, and accordingly the Common Council hereby (a) pledges it cooperation in helping to carry out such Development Plan; (b) requests the various officials, departments, boards and agencies of the City of South Bend having admin- istrative responsibilities to likewise cooperate to such end and to exercise their respective functions and powers in a manner consistent with the Development Plan; and (c) stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Development Plan, -as amended. 8. That the United States of America be, and hereby is assured of full com- pliance by the City of South Bend 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. 137 A discussion was held regarding the closing of Storyland Zoo. There being no further business to come before the Council, unfinished or new, Coun- cil Member Dombrowski made a motion to adjourn, seconded by Council Member Beck. The motion carried and the meeting was adjourned at 8:45 p.m. ATTEST: APPR ED: City Clerk r e ri dbt, `