04-12-10 Common Council Meeting Minutes

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REGULAR MEETING APRIL 12, 2010 This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Councilmember Puzzello asked when the relocation would take place. Mr. Danch stated that they anticipate in the next few months. Councilmember Rouse questioned the ingress/egress off the north portion of the parking lot. He wondered if there were any concerns making a left hand turn to go west onto Ewing Avenue. Mr. Danch stated that he anticipates no problems and is comfortable with the traffic light at the intersection of Ewing and Main Streets. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember White made a motion for favorable recommendation to full Council concerning this bill. Councilmember Rouse seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 07-10 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF AN ALLEY KNOWN AS ALLEN’S ALLEY TO BE VACATED IS DESCRIBED AS FOLLOWS: THE FIRST EAST/WEST ALLEY NORTH OF WASHINGTON STREET, RUNNING WEST FROM MICHIGAN STREET TO THE FIRST NORTH/SOUTH ALLEY KNOWN AS WOODWARD COURT FOR A DISTANCE OF 165 FEET, MORE OR LESS, AND A WIDTH OF 5 FEET. SAID 5 FOOT PIECE BEING TAKEN OFF OF THE SOUTH SIDE OF SAID ALLEY Councilmember Varner, Chairperson, Public Works and Property Vacation Committee, reported that this committee met on this bill this afternoon and voted to send it to the full Council with a favorable recommendation subject to an amendment agreement. Council Attorney Kathleen Cekanski-Farrand read into the record the amendment: To re- number Section 5 to Section 6. New Section 5. This vacation is subject to a signed agreement between the City of South Bend, Michigan Street, LLC and Target Leasing Corporation concerning the alley vacation and use of property being filed with the Office of the City Clerk. Councilmember Varner made a motion to amend this bill. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. Bradley J. Toothaker, President, CB Richard Ellis, 202 S. Michigan Street, Suite 200, South Bend, Indiana, made the presentation for this bill. Mr. Toothaker advised that the purpose of the vacation of real property is to add an additional row of parking as part of the 101 N. Michigan Street project. He stated that the request is solely intended to reclaim a small portion that was once part of the property, while clearly desiring to preserve the pedestrian walkway as it exists and see enhancement to it, as it is clearly an asset. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. 5