08/27/07 Council Meeting Minutes

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REGULAR MEETING AUGUST 27, 2007 BILL NO. 43-07 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY NORTH OF NORTHSIDE BOULEVARD, FROM 21sT STREET, WEST TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 133.5 FEET AND A WIDTH OF 14 FEET. BEING A PART OF DUNN' S 1sT ADDITION PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Councilmember Varner, Chairperson, Public Works and Property Vacation, reported that this Committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. Mr. Gary Gilot, Director, Department of Public Works, 13~` Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana stated that he is in favor of this bill subject to an access agreement with the South Bend Fire Department. Mr. Bernard Feeney, Registered Land Surveyor, 715 South Michigan Street, South Bend, Indiana, made the presentation far this bill on behalf of 1106 Corporation, Mr. Steven Replin, President. Mr. Feeney advised that the purpose of the vacation is to eliminate the alley that separates the two existing parking lots so that a more organized parking layout can be developed on this space. The parking lot serves an adjacent complex, which is also owned by the petitioner. Mr. Feeney further advised that the owner agrees to the access agreement with the South Bend Fire Department. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There was no one present wishing to speak to the Council either in favor of or in opposition to this bill. Council Attorney Kathleen Cekanski-Farrand advised that this bill should be amended in Section V. to include the wording that this ordinance shall be subject to an access agreement with the South Bend Fire Department and then shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Councilmember Varner made a motion to amend this bill with the language that was read into the record by the Council Attorney. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 49-07 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS A PORTION OF BRICK ROAD RIGHT OF WAY LOCATED IN THE NORTH'h OF THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 39 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Councilmember Varner, Chairperson, Public Works and Property Vacation, reported that this Committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation.