11-12-01 Council Meeting Minutes

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REGULAR MEETING NOVEMBER 12.2001 put a non - access easement along the entire south boundary to eliminate any possibility of access to that street. 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 concerning this bill as previously substituted with Third Reading on November 26, 2001. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 94 -01 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST /WEST ALLEY SOUTH OF SOUTH BEND AVENUE FROM THE EAST RIGHT OF WAY OF NOTRE DAME AVENUE TO 20 FEET WEST OF THE FIRST NORTH /SOUTH ALLEY FOR A DISTANCE OF 140.35 FEET AND A WIDTH OF 14 FEET. BEING A PART OF SORIN'S FIRST ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Councilmember Coleman made motion to consider the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Varner reported that the Public Works and Property Vacation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Charles R. Shedlak, Tuesley & Hall, 340 Columbia Place, South Bend, Indiana, made the presentation on behalf of the petitioner. Mr. Shedlak stated that this alley is between a parking lot that one of the petitioners owns and Club 23 which is a club/ bar business that the other corporate petitioner owns. The individual petitioner is the President and owner of the corporation so there is joint ownership on both sides of this alley. The alley runs east /west between the building and the parking lot that is adjacent to the building. They would like to have that alley vacated primarily for safety reasons. Club 23 patrons have to park in the parking lot and then cross the alley which is used by vehicular traffic. Also, there is a utility door, without windows, on the side of the building that opens onto the alley which creates a dangerous situation when vehicles are coming down that alley. Mr. Shedlak noted that there has been some theft of cars and the ability to fence off the entire parking area including the alley would be useful. One final safety consideration is that the turn out of that alley onto South Bend Avenue is tight as is the turn into the alley from South Bend Avenue. He noted that once the alley is vacated they will seal it off, install fencing and warning posts with reflective materials and signage. He further noted that traffic will retain access to the remainder of the alley either from the south up the north/south alley or on the same alley from Frances Street to the east. Mr. Shedlak advised that they have worked with the Division of Engineering and was initially advised by them that they wanted it at twenty (20) feet in. They have now revised that requirement so that they would now vacate all of the last ten (10) feet of the alley as it is between the petitioners property. Because this is a twelve (12) foot wide alley this would add a little more room for garbage trucks or emergency vehicles. They are asking to vacate the alley ten (10) feet from the end and they are dedicating an eight foot (8') by ten foot (10') area of the parking lot to create a twenty foot (20') by ten foot (10') wide area in which anyone can turn around. -3-