04-23-01 Public Works & Property Vacation

Home Browse Search

• ~ • Public Works and Property Vacation Committee April 23, 2001 Page 3 record. Mr. Hosinski stated that the petitioner was not willing to pay the price which Mr. Harris had proposed. With regard to concerns raised previously by Mr. Phair, Mr. Hosinski stated that he believes that all of his concerns relate to access when there is snow for the various Hollady properties. Mr. Hosinski stated that he does not believe that there are any concerns left and circulated pictures of affected properties which were not provided as part of the record. Mr. Hosinski provided a handout whereby the Bauer's concerns have been withdrawn (copy attached). Mr. Hosinski sated that the area contains an empty gas station, empty houses and three (3) "oddly unused alleys". He noted that Walgreens "is hedging", however he would be willing to make the vacation contingent upon a site plan. Mr. Hosinski stated that the comparison to the intersection of Ironwood and Mishawaka was not a valid comparison. Council Member King then cited some of the criteria of the governing law (IC 36-7-3-13) which contains language whereby a proposed vacation of public ways would hinder the growth of the neighborhood. Council Member King stated that on January 14, 2001 he gave a list of concerns and the overall neighborhood design guidelines to the developer. Council Member King noted that here we are today, several months later and have not been provided with anything substantial and therefore he could not support the proposed vacation. Council Member King concluded by stating that he did not believe that the vacation was in the best interests of the neighborhood and as the District Council Member for the area, that he could not support it. Council Member Kelly inquired whether Mr. Feeney prepared the site plan submitted by Mr. Hosinski. Mr. Feeney stated that he had not. The Council Attorney noted that the Area Plan Commission voiced its opposition to the vacation in its letter of January 26, 2001 (copy attached);and that the only recommendation of record from the Board of Public Works was its February 26, 2001 letter (copy attached) which submitted an unfavorable recommendation. Mr. Hosinski stated that if there is a Master Plan for the area that he would like to see it. He provided a two-page copy of individuals in favor of the proposed Bill (copy attached). Mr. Hosinski concluded his remarks by requesting the Council to either vote the bill up or down. Following further discussion, Council Member King made a motion, seconded by Council Member Aranwoski that Bill No. 9-01 be recommended unfavorably to Council. The motion passed. The Committee then reviewed Bill No. 29-01 which is a request to vacate a portion of Tutt Street east of Lafayette Boulevard and to the west of Main Street for a distance of 345 feet. Dr. Varner noted that the request received a favorable recommendation from the Board of Public Works as represented in their April 19th letter and attachments(copies attached). Mr. Mike Dobson represented the petitioners. He stated that an Arby's and convenience store is being constructed at the site. The vacation is needed to address and improve parking and traffic flow adjacent to the affected properties. Mr. Dobson provided copies of a letter dated April 23, 2001 and April 11,2001 (copies attached) in favor of the proposed vacation. Following discussion, Council Member King made a motion, seconded by Council Member Public