09-23-2024 Public Works & Property Vacation Committee Meeting Minutes

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• CITY OF SOUTH BEND OFFICE OF THE CLERK Committee Member Karen White motioned to accept Substitute Bill No. 45-24, which was seconded by Committee Member Rachel Tomas Morgan and carried via a vote by voice. Steven Woolley, 902 South Michigan Street, South Bend, IN 46601, is the petitioner for Bill No. 45-24. Chris Dressel, Planner-Sr with the Department of Community Investment (DCI), has requested that Steven Woolley vacate the alley all the way to the Ivy Tech campus. This alley is a paper alley, meaning it does not exist except in historical records held by the City. Citizen Member Carl Littrell stated that the vacation language is ambiguous and that he believes it requires the signatures of all abutting property owners. Ivy Tech's signature is not on the application. Steven Woolley stated that the application process has changed to require only one abutting property owner to be a signatory. Ivy Tech knows this vacation as Steven Woolley rents a property from them. The vacation's language came directly from the City. Citizen Member Littrell stated that the language is important as it is a legal document. The Committee cannot pass ambiguous vacations in 2024 when they will be law in fifty (50) years. Steven Woolley stated that only one (1) alley runs east to west between Ohio Street and Sample Street. The alley entrance is on Ohio Street and exits on Ohio Street. Citizen Member Littrell stated that the entire alley has to be vacated because the City cannot create dead-end alleys. Steven Woolley stated that they had been at the property since 1978 and were unaware of an alley. Committee Member White apologized to the petitioner for the struggles with the alley vacation process. Committee Chair Niezgodski asked where the petitioner found the form to start the application process. Steven Woolley stated that the form was on the City's website but has since changed. The alley vacancy application process and requirements changed while Steven Woolley was in it. Steven Woolley is the first petitioner going through the new vacation application process. Gemma Stanton, a Project Engineer with offices on the 13th floor of the County-City Building, stated that the alley's shape makes it difficult to create a thorough legal description. City records indicate a north-south alley exists. Steven Woolley stated that the deeds of his two neighboring properties do not mention an alley. Committee Chair Niezgodski asked Gemma Stanton if the legal description was correct. Gemma Stanton stated that she believes it to be correct, but if the Committee believes it to be ambiguous, the language can be revisited. Committee Chair Niezgodski apologized to Steven Woolley for the delay. Committee Chair Niezgodski held the public hearing, but nobody spoke. EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 455 County-City Building 227 W.Jefferson Blvd. South Bend,Indiana 46601 p.574.235.9221 f.574.235.9173 www.southbendin.gov