11-24-03 Council Meeting Minutes

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REGULAR MEETING NOVEMBER 24, 2003 THE FIRST ALLEY TO BE VACATED IS THE FIRST NORTH /SOUTH ALLEY EAST OF LAFAYETTE BLVD. FROM THE NORTH RIGHT OF WAY LINE OF BARTLETT STREET TO THE VACATED EAST /WEST ALLEY, FOR A DISTANCE OF 269.5 FEET AND A WIDTH OF 14 FEET. THE SECOND ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY WEST OF MICHIGAN STREET (SR 933), FROM THE NORTH RIGHT OF WAY LINE OF BARTLETT STREET TO THE SOUTH RIGHT OF WAY LINE OF PARK LANE, FOR A DISTANCE OF 469 FEET AND A WIDTH OF 14 FEET. THE THIRD ALLEY TO BE VACATED IS THE FIRST EAST /WEST ALLEY NORTH OF BARTLETT STREET FROM THE EAST RIGHT OF WAY LINE OF MAIN STREET TO THE WEST RIGHT OF WAY LINE OF MICHIGAN STREET (SR 933), FOR A DISTANCE OF 344 FEET AND A WIDTH OF 14 FEET Councilmember Coleman made a motion to hear the substitute version of this bill. Councilmember Aranowski seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Varner, Chairperson, Public Works and Property Vacation Committee, reported that this committee held a committee hearing on this bill, before the substitute was offered, and sends it to the Council with a favorable recommendation. Mr. Bruce Bancroft, Barnes & Thornburg, 100 North Michigan, 6th Floor, South Bend, Indiana, made the presentation on behalf of Memorial Hospital, one (1) of the two (2) Petitioners. Mr. Bancroft stated that the South Bend Community School Corporation is the other Petitioner and their counsel will address the Council as well. Mr. Bancroft advised that the two (2) Petitioners own all the property on both sides of the two (2) streets and three (3) alleys which are being proposed for vacation. He stated that this vacation petition is an important step to bring into effect the October 25, 2002 Development Agreement between the City of South Bend and Memorial Hospital and also to bring into effect a contract between the School Corporation and Memorial Hospital to swap property which will benefit Madison School and Memorial Hospital. The plan is to make the area between Memorial Hospital and Leeper Park nicer and better for Madison School and more usable for Memorial Hospital. Meetings were held with both neighborhood groups which are adjacent to the hospital and all the neighbors had an opportunity to express their opinions and hear an explanation personally from Mr. Foti of Memorial Hospital. This Petition requests the vacation of Bartlett Street from Lafayette to Michigan Street. This street will be replaced by new Bartlett Street which will be in place in a few years. Mr. Bancroft stated that the Petitioners are asking that the effective date of the vacation of Bartlett Street be postponed until a date which is set by the Council through a Resolution which is presented by the City administration to the Council setting forth the progress of new Bartlett Street and a date certain when this vacation will be effective. He noted that they are not asking that the Bartlett Street vacation be effective until that date because they want to make sure that new Bartlett Street is in place and can be used by the public. The other proposed vacations which are Main Street from Bartlett Street north up to Park Lane and the three (3) alleys proposed for vacation would be effective when this ordinance is adopted this evening. Mr. Bancroft stated that these alleys are not generally used. This vacation will help clean up the area and permit its use by Memorial Hospital and the School Corporation. These vacations will all help the growth and development of the area between Memorial Hospital and Leeper Park. They do not cause access problems for the public to either public buildings or private property or hinder the use of any public ways. Mr. Ted Foti, Memorial Hospital and Health Systems, informed the Council that in the later part of 2001 they entered into discussions with the City of South Bend requesting that together they develop -7-