08-14-00 Council Meeting Minutes

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REGULAR MEETING AUGUST 14, 2000 There was no one present wishing to speak to the Council in favor of this petition. Mr. Russell Sanford, 237 North Michigan Street, South Bend, Indiana, indicated that he was present on behalf of Ms. Clara Thibeau, 735 Notre Dame Avenue, South Bend, Indiana. Mr. Sanford advised that Ms. Thibeau's property is located on the northern most portion of the alley. If the alley is vacated, Ms. Thibeau would acquire additional property because of the vacation. Her opposition to this vacation is because of her budget. Higher taxes would be a burden to her and for that reason she opposes the vacation of the alley. In rebuttal, Mr. Sult stated that, based on his experience working in the auditor's office for eight (8) years, he anticipates that Ms. Thibeau's additional taxes for this rear footage would be about one dollar and eighty -four cents ($1.84) per year. Councilmember King noted that he has been aware of the church's request which will be beneficial to the neighborhood as individuals attending church at this time are parking on the streets and this is inconvenient to the residents. Also, with the paving of the lot the disarray behind the church will get cleaned up. He further noted that the vacation meets all the legal requirements and he will therefore be supporting the petition. Councilmember Varner inquired whether the discussed Easement Agreement would still be required for this vacation to become effective. Council Attorney Kathleen Cekanski - Farrand confirmed that the recording of the Easement would be required. Council President Pfeifer inquired whether or not Ms. Thibeau had the option of accepting or not accepting the portion of the vacated alley behind her property. Council Attorney Kathleen Cekanski - Farrand indicated that by state law the division would be made. She noted that perhaps Mr. Sanford could negotiate an agreement with the church regarding the additional fee for taxes. Council Attorney Cekanski - Farrand, for the record, re -read the amendment passed by the Council at its July 24, 200, meeting concerning this matter. It is as follows: 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 ". There was no one else present wishing to speak to the Council in opposition to this bill. Therefore, Councilmember Kelly made a motion for favorable recommendation to full Council concerning this bill as amended. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 60 -00 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE NORTHERNMOST 15' STRIP OF PROPERTY FROM THE NORTHWEST CORNER OF LOT A IN E & M GOERNER REPLAT THENCE EAST ALONG LOTS 47,41 & 35 OF SORIN'S 2ND ADD. PART LOCATED IN E & M GOERNER REPLAT AND SORIN'S 2ND 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 subject to the incorporation of the corrected legal description. Councilmember Varner made a motion to accept the corrected legal description in Section I of the ordinance. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes.