11-27-00 Council Meeting Minutes

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REGULAR MEETING NOVEMBER 27, 2000 BILL NO. 102 -00 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS ECLIPSE PLACE FROM THE NORTH R/W OF HAMILTON STREET FOR A DISTANCE OF 739.2 FEET AND A WIDTH OF 30 FEET. PART OF VERNON HEIGHTS ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA; THE ALLEY TO BE VACATED IS THE FIRST NORTH /SOUTH ALLEY WEST OF KALEY STREET FROM THE NORTH R/W OF MARQUETTE BLVD. TO THE SOUTH R/W OF HAMILTON STREET FOR A DISTANCE OF 739.2 FEET AND A WIDTH OF 14 FEET. PART OF VERNON HEIGHTS ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Councilmember Coleman made a motion that this bill be continued until the January 8, 2001 meeting of the Council. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 106 -00 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST /WEST ALLEY NORTH OF FISHER STREET FROM THE WEST R/W LINE OF WEBSTER STREET TO THE WEST LOT LINE OF LOT 18, PECK'S 2ND SUBDIVISION OF PART BANK OUTLOTS 01 AND 02 FOR A DISTANCE OF 210 FEET. BEING A PART OF SAID PECK'S 2ND SUBDIVISION 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 without a recommendation because amendments were going to be offered to this bill. He additionally noted that the Board of Public Works submitted an unfavorable recommendation to the Council concerning this vacation petition. Council Attorney Kathleen Cekanski - Farrand read the following proposed amendment to this bill: Add to end of current Section IV the following language: This ordinance shall be subject to the Petitioner providing an ingress /egress Easement to the City of South Bend to permit the Division of Solid Waste to have access for trash pick -up. Access through any gated areas installed by the Petitioner shall be permitted with such access for City utility purposes not being unreasonably withheld by the Petitioner. All such conditions shall be completed within thirty (30) days from the date of passage with copies of all Agreements being filed with the Office of the City Clerk. Councilmember Coleman made a motion to accept the amendments as proposed. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. Mr. Paul Fujawa, 1121 West Grace Street, South Bend, Indiana, made the presentation for this bill on behalfofthe Petitioner, Father Thomas Lemos, C.S.C., Pastor, St. Casimir Catholic Church, 1308 West Dunham Street, South Bend, Indiana. Mr. Fujawa informed the Council that the alley in question runs parallel to Fisher and Dunham Streets. The east end of this alley was blocked almost seventy -five (75) years ago when St.