04-22-02 Council Meeting Minutes

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REGULAR MEETING APRIL 22, 2002 FEET AND A WIDTH OF APPROXIMATELY 10 FEET. PART SITUATED IN HARTMAN AND MILLER'S PLAT IN THE CITY OF SOUTH BEND, INDIANA Councilmember King advised that there has been a request by the petitioner to postpone consideration of this ordinance until May 13, 2002. Therefore, Councilmember Coleman made a motion to continue this bill until the May 13, 2002 meeting of the Council. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 22 -02 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST STREET TO BE VACATED IS SCHULMAN DRIVE (FORMERLY DAVIS DRIVE) FROM OLIVE STREET TO GRANT STREET FOR A DISTANCE OF 1,067.6 FEET AND A WIDTH OF 60 FEET. THE SECOND STREET TO BE VACATED IS GRANT STREET FROM SAMPLE STREET TO THE NORTH LINE OF THE INDIANA NORTHERN RAILWAY COMPANY RIGHT OF WAY Councilmember Varner reported that the Public Works and Property Vacation Committee conducted a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. He noted that the Board of Public Works also sends a favorable recommendation on this bill. Mr. Michael J. Danch, Danch, Hamer & Associates, Inc., 2422 Viridian Drive, Suite 201, South Bend, Indiana, made the presentation for this bill representing the petitioners, Riatt Corporation, as well as the other petitioners listed on the application form including the City of South Bend. Mr. Danch noted that the Petitioners propose to vacate Grant Street from Sample on the north to the Northern Indiana Railway Company right of way on the south and Schulman Drive from Olive Street on the west to Grant Street on the east. The vacation of these streets is in conjunction with a project which will encompass approximately eighty (80) acres which will be reconfigured into three (3) buildable lots along with two (2) outlots. One of the lots will contain the proposed TJX Distribution Center, one will continue to house the facilities for the AEP substations and the third will continue to be owned by the South Bend Community School Corporation. The two (2) outlots will house the retention area to handle the drainage for this entire project site. This vacation is necessary in order to continue through the subdivision procedure. Mr. Danch further noted that over the last several weeks they have been in contact with several of the utility companies to request their specific releases of the existing utilities that are within these right of ways. They are finishing up that particular project and have already submitted a subdivision plat to the Area Plan Commission for approval. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Martin Kruszewski, no address given, stated that he is in favor of this vacation but has a concern because he owns property across from the project. He advised that he has noticed that they are going to take (3) three properties to the east and three (3) properties to the west which will isolate two (2) houses, one of which he owns. He noted that it seems to him that when they take the properties to the west they should take all the properties to the west which would just leave a small business area. There was no one else present wishing to speak in favor of this bill and there was no one present wishing to speak in opposition to this bill. -2-