10-13-03 Council Meeting Minutes

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REGULAR MEETING OCTOBER 13, 2003 BILL NO. 74 -03 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST STREET TO BE VACATED IS A PORTION OF CIRCLE AVENUE FROM THE NORFOLK AND WESTERN RAILROAD RIGHT -OF -WAY TO THE SOUTH RIGHT - OF -WAY LINE OF WASHINGTON AVENUE, FOR A DISTANCE OF 770 FEET, MORE OR LESS, AND A WIDTH THAT VARIES FROM 15 FEET TO 80 FEET. THE SECOND STREET TO BE VACATED IS ALSO A PORTION OF CIRCLE AVENUE FROM THE PENN CENTRAL RIGHT -OF -WAY TO THE NORTH /SOUTH PORTION OF SAID CIRCLE AVENUE FOR A DISTANCE OF 400 FEET AND A WIDTH THAT VARIES FROM 20 FEET TO 35 FEET. BOTH PARTS OF SAID STREETS BEING A PART OF THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Councilmember Varner, Chairperson, Public Works and Property Vacation Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the Council with a favorable recommendation. Mr. Anthony M. Zappia, Attorney at Law, 52582 State Road 933, South Bend, Indiana, representing the Petitioners, Hurwich Iron, Accent Indiana and Scott Brothers Construction, made the presentation for this bill. Mr. Zappia stated that the Petitioners concur with the recommendation of the Board of Public Works that all adjacent property owners have access to their property. All of the property owners have joined in the Petition and they will have access to their property. He noted that they will work out an arrangement for ingress and egress with Scott Brothers Construction and they anticipate no difficulty in doing so. The Petitioners also concur that this vacation is subject to any access and utility easements that may be affected. Mr. Zappia noted that Circle Avenue runs in a southerly direction from Washington to the railroad tracks where it dead ends. He further noted that the Petitioners have noticed that a number of vehicles have gone back to this portion of the property and noticed a significant amount of theft, vandalism and dumping of trash and therefore they are requesting this vacation. 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 being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Coleman made a motion for favorable recommendation to full Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 76 -03 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH/SOUTH ALLEY EAST OF SOUTH FRANCES STREET, THE NORTH RIGHT -OF -WAY OF QUIMBY STREET TO THE SOUTH END OF ANGLES ON THE EAST AND WEST OF DESCRIBED ALLEY FOR A DISTANCE OF APPROXIMATELY 90.5 FEET AND A WIDTH OF 10 FEET. PART LOCATED IN LESTERS SUBDIVISION, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA in .1 1