11-26-01 Council Meeting Minutes

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REGULAR MEETING NOVEMBER 26, 2001 ALLEY NORTH OF ORANGE STREET FROM JOHNSON STREET TO THE FIRST NORTH /SOUTH ALLEY; THE SECOND ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF JOHNSON STREET FROM THE FIRST EAST /WEST ALLEY NORTH OF ORANGE STREET, BOTH BEING A PART OF LOT 20, COTTAGE GROVE ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA 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. Councilmember Aranowski and Council President Pfeifer announced that they are members of the Housing Development Corporation Board. However, they will receive no monetary gain from this action so will therefore be voting on this bill. Mr. Larry Magliozzi, Assistant Director, Planning & Neighborhood Development, Community & Economic Development, Trigon Building, South Bend, Indiana, made the presentation for this bill. Mr. Magliozzi advised that this petition- involves a L- shaped dead -end unimproved alley. He noted that there are no garages from any of the adjacent lots that face this alley and there has never been any access to adjacent lots from the alley. Mr. Magliozzi noted that the City owns three (3) of the adjacent lots and the Housing Development Corporation owns one (1) lot. Additionally, a church which is located across Johnson Street owns one (1) lot and there have been some discussions with the church and Habitat for Humanity for this location being a potential site for new construction. This vacation is the first step in assimilating this land with the alley which is right in the middle of it. 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 was no one present wishing to speak in favor of this vacation. Ms. Barbara Logan, 212 North Johnson Street, South Bend, Indiana, stated that she owns property at 210, 212 and 214 Johnson and she is unsure about the location of the alley to be vacated as she believes there used to be a house at 208 North Johnson Street at the location of the proposed alley to be vacated. Ms. Logan therefore asked for clarification of where the alleys to be vacated are located. There was no one else present wishing to speak to the Council in opposition to this bill. In rebuttal, Mr. Magliozzi advised that when some of the older subdivisions were platted, alleys were platted along with them in order to provide access to rear garages. He stated that Ms. Logan is correct in that physically there is no alley but by dedicated plat there is an alley that is 6.58 foot wide that has never been used for that purpose. He further stated that this is what is called a paper alley because in reality it does not exist but does exist technically and legally. Therefore, Councilmember Coleman made a motion for favorable recommendation to full Council concerning this bill. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 100 -01 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4 OF THE SOUTH BEND -2- 1 1 I