08-14-00 Public Works & Property Vacation

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Dr. Varner noted that the proposed ordinance received a favorable recommendation from the Board of Public Works however their were concerns raised with regard to the legal description. Council Member King noted that he had spoken with the City's Engineering Department regarding the legal description. Mr. Littrell proposed a new legal description(copy attached) which would replace the description currently set forth in Section I of the ordinance. Council Member King also noted the history of the area in question in light of a potential remonstrator who had called the City Clerk's office who rents the property on Lot No. 36 and would like access to his garage. Council Member King provided a copy of Ord. No. 7242-83 where the former alley in question to the garage was vacated. (copy attached). The Council Attorney noted that the individual renting Lot No. 36 would not have a valid remonstrance under current Indiana law since the alley addressed in Ord.No. 60-00 is a totally different alley. She further noted that the issue of access to his garage is one of the use of private property in light of the 1983 vacation. Since the renter has only been there for approximately six(6)months there would also not be the claim of adverse possession. Mrs. Cour stated that she would allow access to the renter only if the vacation is approved this evening. Following discussion,Council Member King made a motion, seconded by Council Member Aranowski that Bill No. 60-00, as amended, be recommended favorably to Council. The motion passed. There being no further business to come before the Committee,the meeting was adjourned at 4:20 p.m. Respectfully submitted, Council Member David Varner, Chairperson PUBLIC WORKS AND PROPERTY VACATION COMMITTEE Attachments KCF:kmf • Public Works and Property Vacation Committee Meeting Minutes of August 14,2000