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REGULAR MEETING OCTOBER 26, 2009 <br /> <br /> <br />Code 36-7-14 (the “Act”), on August 21, 2009, approved and adopted its Resolution No. <br />2598 (the “Declaratory Resolution”), Exhibit A, amending the Northeast Neighborhood <br />Development Area Development Plan (the “Plan”) for the Northeast Neighborhood <br />Development Area (the “Area”) and adopting the Northeast Neighborhood Design <br />Guidelines as an amendment to the Northeast Neighborhood Development Area <br />Development Plan (the “Plan Amendment”); and <br /> <br />, <br />WHEREAS the Plan Amendment calls for the adoption of the Northeast <br />Neighborhood Design Guidelines as an amendment to the Plan; and <br /> <br />, <br />WHEREAS the St. Joseph County Area Plan Commission (the “Plan <br />Commission”), which is the duly designated and acting official planning body for the <br />City of South Bend, Indiana (the “City”), on September 15, 2009, adopted and approved <br />its Resolution No. 203-09, a copy of which is attached hereto as Exhibit B, determining <br />that the Declaratory Resolution and the Plan Amendment conform to the plan of <br />development for the City and approving, ratifying and confirming the Declaratory <br />Resolution and the Plan Amendment, and designating such resolution as the written order <br />of the Plan Commission approving the Declaratory Resolution and the Plan Amendment <br />as required by Section 16 of the Act (the “Plan Commission Order”); and <br /> <br />, <br />WHEREAS Section 16 of the Act prohibits the Commission from <br />proceeding until the Plan Commission Order is approved by the municipal legislative <br />body of the City; and <br /> <br />, <br />WHEREAS the Common Council of the City is the municipal legislative <br />body of the City and now desires to approve the Plan Commission Order in order to <br />permit the Commission to proceed with the redevelopment of the Area. <br /> <br />NOW, THEREFORE, BE IT RESOLVED by the Common Council of the <br />City of South Bend, Indiana, as follows: <br /> <br />1. The Plan Commission Order, which determined that the <br />Declaratory Resolution conforms to the plan of development for the City, which Order is <br />attached hereto, is in all respects hereby approved, ratified and confirmed. <br /> <br />2. This Resolution shall be in full force and effect from and after its <br />adoption by the Common Council of the City and compliance with procedures required <br />by law. <br /> <br />PASSED AND ADOPTED by the Common Council of the City of South <br />Bend, Indiana, this 26th day of October, 2009. <br /> <br /> <br /> s/Derek D. Dieter <br /> Member of the Common Council <br /> <br />Councilmember Varner made a motion to hear the substitute version of this bill. <br />Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight <br />(8) ayes. Additionally, Councilmember Varner made a motion to amend this substitute <br />bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of <br />eight (8) ayes. <br /> <br />Council Attorney Kathleen Cekanski-Farrand read into the record that on page two of the <br />th <br />Resolution the date should read this 26 day of October 2009. <br /> <br />th <br />Mr. Jeff Vitton, Planner, Community & Economic Development Department, 12 Floor <br />County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the <br />presentation for this bill. <br /> <br />Mr. Vitton advised that the Northeast Neighborhood Revitalization Organization <br />(NNRO) has been working in partnership with residents of this area to update Design <br />Guidelines for the Northeast Neighborhood Development Area (NNDA). He stated that <br /> 14 <br /> <br />