05-10-04 Council Meeting Minutes

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REGULAR MEETING MAY 10, 2004 BILL NO. 29 -04 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: PORTIONS OF MAIN STREET, LAFAYETTE BLVD., AUTEN STREET AND HOOVER STREET, NOW KNOWN AS HOMER AVENUE, SOUTH OF IRELAND ROAD, WEST OF MICHIGAN STREET AND NORTH OF THE ST. JOSEPH VALLEY PARKWAY, US 20/31 BY -PASS David Varner, Chairperson, Public Works and Property Vacation Committee, reported that this Committee met this afternoon regarding this bill and sends it to the full Council with no recommendation. Councilmember Kelly made a motion to hear the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Council Attorney Kathleen Cekanski - Farrand read into the record the amendment to this substitute bill. She indicated that in Section V, to remove the words (land- locked) and replace with the word (affected.) Councilmember White made a motion to amend this substitute bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Mr. Michael D. Hardy, Attorney, Barnes & Thornburg, 100 N. Michigan St., made the presentation for this bill. Mr. Hardy advised that the vacation is necessary in order to facilitate the development of a 430,000 square foot retail center. Over fifty (50) acres will be involved in the development with the bulk of the adjacent properties being in various stages of purchasing. The development agent has entered into an agreement with the Redevelopment commission, and as a result there will be roll dates for move out and vacation closures. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Gary Gilot, Director of Public Works, 1316 County -City Building, South Bend, Indiana, spoke regarding this bill. Mr. Gilot addressed the cross access easement agreements as necessary to serve affected parcels including specifically Maxi's restaurant. Mr. Steve Court, (No address given), stated that he is part of owner of Maxi's Restaurant. Mr. Court informed the Council that 85% of his patrons use Main Street to enter the parking lot for the restaurant. Mr. Court indicated that as long as the cross access easement agreements address this concern, he does not opposed the vacation. There being no one else present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Puzzello made a motion for favorable recommendation to full Council concerning this bill as substituted and amended. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 26 -04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A NEW FUND TO BE KNOWN AS THE SOUTH BEND RAINY DAY FUND ( #102)