09-13-10 Common Council Meeting Minutes

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REGULAR MEETING SEPTEMBER 13, 2010 Councilmembers Oliver Davis, Al “Buddy” Kirsits, and President Derek Dieter offered their comments and congratulated Rev. Neely for his dedication as Chaplain for the South Bend Police and Fire Departments. Rev. Neely thanked the Council for this honor. He stated that it has been an honor to serve all the men and women on the South Bend Police and Fire Department. Councilmember Varner made a motion to adopt this resolution by acclamation. Councilmember White seconded the motion which carried. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:10 p.m. Councilmember Kirsits made a motion to resolve into the Committee of the Whole. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Puzzello, Chairperson, presiding. Councilmember Puzzello explained the procedures to be followed for tonight’s meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code. Councilmember Puzzello stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO. 48-10 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH-SOUTH ALLEY WEST OF MAIN STREET AND SOUTH OF COLFAX AVENUE. THE PORTION TO BE VACATED BEGINS AT THE SOUTHWEST CORNER OF LOT NUMBER 236 IN THE ORIGINAL PLAT OF THE CITY OF SOUTH BEND TO THE NORTH 131 FEET, TO THE WEST 10 FEET, TO THE SOUTH 131 FEET AND RETURNS TO THE EAST 10 FEET TO THE POINT OF BEGINNING Councilmember Varner, Chairperson, Public Works and Property Vacation Committee reported that this committee met this afternoon on this bill and voted to send it to the full Council with a favorable recommendation. Mr. Terrance Patrick Meehan, 127 South Main Street, South Bend, Indiana, made the presentation for this bill. Mr. Meehan advised that the purpose for the vacation is to make needed improvements to the alley addressing past safety, sanitation, and esthetic concerns, and to use the space for outdoor dining behind Fiddler’s Heart. Mr. Meehan stated that the alley dead-ends at a private parking lot, and is not open to through traffic and is used primarily for deliveries to the back doors of the abutting restaurants Fiddler’s Heart and Madison Oyster Bar. He noted that improvements planned for the space immediately behind Fiddler’s Hearth include a three-season outdoor covered patio space, providing a unique downtown dining alternative. 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 Kirsits asked if the other restaurant would be planning on the same concept. 3