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Home My WebLink About06-13-83 Zoning & Vacation Committee Qk mmt Utr lu ri ..P zo tit Q4nmmnn (1ounrUU of nir O.ttg of$nut stria: ZONINGS AND VACATION COMMITTEE The June 13, 1983 meeting of the Zoning and Vacations Committee was called to order at 3: 30 p.m. by its Chairman, Councilman John Voorde. Persons in attendance included: Councilmen Crone, Zielinski, Harris, Szymkowiak and Voorde, Rich Hill, Carolyn Pfotenhauer, and Kathleen Cekanski- Farrand. Councilman Voorde noted that the purpose of the meeting was to discuss Bill No. 38-83 which is set for public hearing at tonight' s Council meeting. He indicated that the alley in question is the second alley west of Harris Street running south from Poland. Councilman Voorde noted that the petitioner El Campito is requesting the alley vacation because of public safety reasons related to the day care operation. It was noted that the Board of 'Public Works gave an unfavorable recommendation to the proposed vacation. Four Councilmen viewed the alley in question recently and discussed it with the property owner. Mr. Hill suggested that perhaps a compromise could be reached which would approve the alley vacation subject to dedicating a new right of way east of the playground. He also updated the Committee on the new State law addressing vacations of public ways (copy attached) . Councilman Szymkowiak voiced concern about access to fire hydrants and suggested that a sixteen foot area be hard surfaced by the petitioner. Councilmen Voorde and Crone pointed out that the fence location allowed easier access to the alley and that El Campito maintains the alley quite well during the winter months. Councilman Voorde suggested that the City needs to weigh the interest of the three property owners versus the public safety of the El Campito Day Care. He further suggested that the matter be continued so that the City Administration and more specifically traffic and lightning can review the situation in detail to determine if a compromise solution can be reached. The motion was made by Councilman Szymkowiak and seconded by Councilman Harris , and passed 3-0. The meeting was adjourned at 4 :00 p.m. Respectfully Submitted, John Voorde, Chairman • Ills[eeeee oteito ►u.t,.rnw•co. Gas , °'?' .. -"tea. � - eisa.. '" r,..�.- �r^ - - .>,...y. .:.,:,sz:...i,- .'e=� .^...,+vim. .� - -. p 1983 FIRST_ REGULAR SESSION r - (d) .If the•board. `, '• (1),-. finds that the percentage of benefit assigned.to,any , - particular tract or tracts of land should be increased due to a; change in land use or for any other reason;or. (2): proposes an increase or decrease that would affect all of the lands assessed for themaintenance of the drain and that:'. - is not exempted from the giving of notice under subsection(b) m*(c) • c p i s "• E the board shall mail a notice to the owner or owners of the land. The:notice must;state the-proposed,change-in,the assessment, ..: and specify-a date,time,and place;;not less than'.ten,(,10)days..E 4 after the notice is mailed,when the board willhear objections to ,I the. change.; An owner may file written- objections .tothe proposed change on or before the date of the hearing.'At_the hearing, the board shall consider all objections and evidence . I : • filed and shall enter an order as justice may require:,The board; _ shall mail a copy of its order to the owner or owners affected.I€.. 4 - an owner does not request judicial review,of the order under section,106 of,thig chapter.within twenty (20) days.;after-his. receipto€the copy of the orders the;order becomes conclusivetn. ..,(e)i A::joint board:that includes-'three.(3) or->more counties in a drainage basin that:exceeds one hundred •; - thousand:,;(100,000) acres shall publish; notice, in accordancewith IC 5-3-1 instead of mailing notice to they: owner or,owners of land as required bysubsection,(d): . Approved March.15,-198&; s' :":1"-';', 4:t .' 2i ..F ....R ^1., tl.€F' <�ari..:,PUBLIC WAYS—VACATION-1.`' {` 4 yHOUSE ENROLLED ACT NO 1116 . `it Y ; At wit t t :.. _ �'" .'�rjT era I „At y?..,+x....-}.(•_- _ L I <:_” �. `. •i cast ' • { is ii 1.'�t �,''•� n}3 ¢ . .. - _ AN ACT to amend the Indiana Code concerning,vacation.of publifc�ways. + Be it: enacted by-,the-General Assembly of,the State of 1 Indianan ' iF".:SECTION I-..:IC:36-7-3-13,-as_a▪mended.by Acts E1982#Ft Ix, 211, SECTION-A is amended to read-;as follows. remonstrance.or objection permitted by section 11`or-12 of this..- K . chapter maybe filed or raised by any person aggrieved by the>, • • _ proposed vacation,but only on one(1)or more of the following, - I grounds ' ^— — - qv , , Additions in text indicated by bold-type;deletions.'by strikeouts 877-, age -.+r�a�7�-.; .- @k'..�yi.. ..e.:..--.. mac- c��.�... :te._.�. g:•�.�`:'._„-ti.-- .:s,�n ate+--'x.-^,-.t •_�.-.--, ;-* • 's• .-. : _�.J._:.�...d:�a.....,:.._-..•,'f.'.1.,.r ... _ -' .'..-."!.. ` f..�-_...._ ..i..._�'.iti:S�!:r.�.f- .:d:•,.:ws".:i:. &e. >= - - 403rd .GENERAL>ASSEMBLY . u(1) The area sought to be vaeatcd is necessary to vacation - . • .Avould hinder the-growth or-order ly#levelopment of the - t unit or in which it is'Iodated or to whrch itis ' i contiguous .i. t .', _s ._i rs_, per ". :;--i-t - S,(2) The=vacation-would make access to=the lands-of the <1 - - `J -aggrieved- person =by'-means Hof public ` wa ya aesem le-� . idifficult or inconvenient.,..= s �r __- --, z_• ' z. - 1 (3) The `vacation would ate hinder the public's ; -. access to a'church school,or.other public building or place: (4)`"r, 'hevacation would hindertheu'seofapublicway' by the neighborhood in which it is located or-to whicli • - : -•1 tit 18 Contiguous. -fr;' =fiaF,, ,>• s.':: z`r _y: >.�• -- --^SECTION 1:-.1::`lC 8-20-1=1 is amended to read as follows:Sec.' 1 1 Whenever twelve(12) freeholders of the-county,-:'six 46)of - i whom-r shall 'reside'=in -thee immediate neighborhood-W-the :" highway-proposed to be located,*aeatcd,Tor change therein - made"shall petition-the-board of commissioners ofsnc -chanty for-the"=location vacation, or change`thereof,--such:board,if - -satisfied that-said petition'lhas•been,fiiledwith='the county,' :. - auditor and notice-thereof has been given`bypublicationtonce ::. each':week for two (2)-consecutive"Weeks:successively in;a newspaper published in'said county,for by posting up notices _ - thereof in -three 't3) -of the>"most� public places�"in;the` neighborlicibd-of such Highway at'least twenty(20)=days'before - :the meetuig•of-the:board at Which 4he petition as-tote heard;: ' i and,:in case of. ostin g by the auditor-mailing P g, Y ailing a;copy of such notice to the post office address'of each landowner affected by - ', -such proceedings;as disclosed by the petition,twenty(20)days i ; � before the -said:-day of hearing,-providing said post office -- i ` address can be ascertained from any record or files in his office, _ s Shall appoint three(3)'disinterested freeholders Df the county to - - . :.;r - . view said highway.Said notices for publication,posting,and - - --mailing shall be by.and over thename of the county auditor.-It -"r ,,hall not Abe necessary for the auditor to mail a copy of said notice to any person who is a petitioner. ' SECTION=3 -,IC 8=20=-1-2 is amended to read as follows:Sec. _ I . '2. (a)The auditor of such county shall issue-a praecipe to the ,I sheriff:thereof;commanding'him`to notify buc-h-viewers'of the i time,place, and object of their meeting:Such viewers, at4sucli.1- - time,after having taken an oath,before some officer authorized to'administer=the':same;'faithfullyto-perform their duties Shall proceed to view The highway to be located;er vaeate4'or the`. .t :change to Ate'made;-arid. if-they.shall,deem-'such location _ -- vacation:orchange to•be of public-rtility,they shall in case rif a_ - - - -newrhighway'orthange`.in an old one,proceed to layibut and' . - mark the same.on"the,best ground,not running through'any ' Additions in text indicated b-� bold t by y ype;'deletions 88 \ , . . . . ._ . • I-,, ""'?5. --p-r _-_ -^:r:•. -- : - -""',. ,,.,, w- ;;4s°'._