07-24-00 Council Meeting Minutes

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REGULAR MEETING JULY 24, 2000 BILL NO. 54 -00 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY WEST OF NOTRE DAME AVE. FROM THE SOUTH RIGHT -OF -WAY OF SOUTH BEND AVE. TO THE NORTH RIGHT -OF -WAY OF ALMOND COURT FOR A DISTANCE OF APPROXIMATELY 233.3 FEET AND WIDTH OF 12 FEET. PART LOCATED IN THE BUGBEE' S ADD., 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 Varner also noted that the Board of Public Works has given this request a favorable recommendation subject to an agreement being recorded which allows access. Council Attorney Kathleen Cekanski- Farrand read into the record the following amendment: Section V. Add to current language in Section V.: , and it shall be subject to the Petitioner recording an Easement Agreement providing for cross access arrangements for the owners of Lots 16 and "A ". Councilmember Coleman made a motion to accept this amendment. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. Mr. Shane A. Sult, 1846 Winston Drive, South Bend, Indiana, made the presentation for this bill on behalf of the Petitioner, Mr. Archie J. Bradford, Olivet African Methodist Church, 719 North Notre Dame Avenue, South Bend, Indiana. Mr. Sult informed the Council that he was able to talk with Mr. Ed Wray who is the owner of Lot # 16 who is currently renting that house to his family. He noted that they came to an agreement and they will take the necessary steps to draw up an Easement Agreement which will be recorded. Mr. Sult further informed the Council that the purpose of the vacation is in order for the church to create a paved parking lot on Lot #17 and a portion of the vacated alley. Councilmember Uj dak reminded Mr. Sult that this Easement Agreement needs to be recorded within the next thirty (30) days. 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. Clara Thibeau, 735 Notre Dame Avenue, South Bend, Indiana, spoke against the vacation. Ms. Thibeau indicated that she needs access to the alley. She noted that she does not have a garage but when she has overnight guests they need to use the parking space behind her property as there is much vandalism in the front of her property. She noted that she is opposed and does not want to have to put her trash in the front for pick -up. There was no one else wishing to speak to the Council in opposition to this vacation petition. In rebuttal, Mr. Sult informed Ms. Thibeau that he understands what she is asking for and assured her that access to the property in the rear of her house would not be blocked and the church is not trying to put any hardship on the surrounding properties.