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

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• CITY OF SOUTH BEND OFFICE OF THE CLERK Committee Chair Niezgodski stated that the Committee could give the Bill no recommendation until there is clarification from the administration. Citizen Member Littrell stated that the absence of Ivy Tech's signature is an issue. Gemma Stanton stated that the new ordinance only requires the signature from one (1) of the abutting properties. Erik Horvath, Public Works Director with offices on the 13th floor of the County-City Building, stated that the new ordinance requires the signatures of all the abutting property owners. Committee Chair Niezgodski asked Council Attorney Bob Palmer if the application was signed in June 2024 before the new ordinance, would all of the abutting property owners' signatures would still be required. Council Attorney Palmer stated that he did not remember when the new ordinance took effect. Gemma Stanton stated the new ordinance took effect on August 1, 2024, so this vacation would be under the old ordinance,only requiring a signature from one(1)of the abutting property owners. Committee Member White motioned to send Substitute Bill No. 45-24 to the Committee of the Whole with no recommendation, which was seconded by Citizen Member Jason Piontek and carried via a vote by voice. Substitute Bill No. 46-24 — Alley Vacation - The First East/West Bound Alley South of Prairie Avenue, Between Glen Street and North/South Alley East of Brookfield Street Citizen Member Piontek motioned to accept Substitute Bill No. 46-24 which was seconded by Committee Member White and carried via a vote by voice. Robert Gundeck, 1986 Prairie Avenue, South Bend,IN 46613, has owned the property since 1982 and would like to extend his backyard due to security concerns. Before attempting to get a fencing permit, Robert Gundeck was unaware of an alley. The abutting property owner currently owns the alley, and a quick claim deed will transfer ownership. Citizen Member Littrell asked if the east-west alley would remain open and if the application was submitted before the new ordinance took effect. Robert Gundeck stated that the east-west alley will remain open. Gemma Stanton stated that this was submitted before the new ordinance took effect. Committee Chair Niezgodski opened the public hearing and nobody spoke. Committee Member White motioned to send Substitute Bill No. 46-24 to the Committee of the Whole with a favorable recommendation, which was seconded by Committee Member Tomas Morgan and carried via a vote by voice. 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