09-22-03 Public Works & Property Vacation

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Cotttmittoe tont ubl t Works' attb Vropirrtp Vacation tomtttitt/a The September 22, 2003 meeting of the Public Works and Property Vacation Committee was called to order by its Chairperson, Council Member David Varner at 4:45 p.m. in the Council Informal Meeting Room. Persons in attendance included Council Members Aranowski, Varner, Coleman, Kelly, King, Pfeifer, and Kuspa, Jack Kendall, Michael Danch, City Engineer Carl Littrell, and Kathleen Cekanski-Farrand, Council Attorney. Dr. Varner called for a presentation on Bill No. 70-03 which is a request to vacate the first north/south alley east of Catalpa Avenue from Indiana Avenue north to the first east/west alley for a distance of 120 feet and a width of 14 feet, all of which is within Raff's 3rd Addition to the City of South Bend. Mr. Jack Kendall of 809 West Indiana Avenue noted that he and his wife own lots 50 and 51 which are located on both sides of the alley. They hope to use the area as a play area initially for their children and eventually build a new garage, noting that their vehicles have been damage when struck when parked on the street. Dr. Varner noted that the Board of Public Works sent a favorable recommendation to the Council as evidenced by their letter and report dated September 3,2003 (copy attached). City Engineer Carl Littrell stated that the vacation would result in a "T" alley and there may be a concern for utility trucks carrying large poles. He suggested that a 10' setback for vehicle turning be considered to address this concern. Council Member Coleman suggested that the ordinance be amended to include this condition which the petitioner verbally agreed to, and directed the Council Attorney to prepare the necessary amendment to the ordinance for this evening's Council meeting. Council Member Aranowski made a motion, seconded by Council Member King that Bill No. 70- 03 as to be amended be recommended favorably to Council. The motion passed. Dr. Varner then called for a presentation on Bill No. 7403 which is a request to vacate a portion of Circle Avenue from the Norfolk and Wester Railroad right-of-way to the south right-of-way line of Washington Avenue for a distance of 770', and a portion of Circle Avenue from the Penn Central right-of-way to the north/south portion of Circle Avenue. Dr. Varner noted that the request comes with a favorable recommendation from the Board of Public Works as set forth in their letter of September 5, 2003; however Community & Economic Development raised questions because of the potential negative effects on the West Washington neighborhood due to noise. The report also noted that Area Plan believes the vacation would hinder access. Mr. Michael Danch provided a map(copy attached) of the area in question. He noted that all three (3) owners have signed the petitioner for the requested vacation. Council Member Pfeifer inquired whether Mr. Battest had been contacted since he had contacted her and voiced opposition to the proposed vacation. She also inquired whether the petitioner had met with the neighborhood organization, noting that they are nervous about the proposed vacation and that she could not support it at this time.