HomeMy WebLinkAbout05-27-86 Zoning & Vacation attnitittittrt rpztrt
I
MO Zips &m um ft[Oiuutt Df hit mug ofenitto final ZONING AND VACATION COMMITTEE
The May 27, 1986 meeting of the Zoning and Vacation Committee was
called to order by its Chairman Councilman John Voorde at 4: 40 p.m. in
the Council informal meeting room.
Persons in attendance included: Councilmen Serge, Braboy, Puzzello,
Beck, Zakrzewski, Paszek, and Voorde; John Leszczynski, Ken Fedder, Jim
Wensits, Mr. Cholis, Mr. and Mrs. Lobdell, and Kathleen Cekanski-Farrand,
Councilman Voorde noted that the first item on the agenda was to
review Bill No. 58-86 which would vacate various land involved with the
Coveleski Stadium. He noted that the Board of Public Works on May 20, 1986
gave a favorable recommendation to the stadium. Mr. Leszczynski added that
the vacation was necessary for the development of the stadium site. In
response to a question by Mr. Zakrzewski it was noted that access .to the
VanGates property as well as access to the church on Monroe was being made
available.
Following discussion by the Committee, Councilman Beck made a motion
seconded by Councilman Braboy that Bill No. 58-86 as amended go to Council
favorably. The motion passed unanimously. •
The Committee then reviewed Bill No. 48-86 which would vacate various
property in the Hartman and Miller Addition. Mr. Richard Walling from the
Jehovah' s Witnesses spoke in behalf of the petitioners. Councilman Voorde
noted that the Board of Public Works at its meeting of May 6, 1986 heard
the vacation petition and continued the meeting until they could review the
area in person. The Board then. continued the hearing on May 13, 1986 after
the site inspection and recommendation the vacation favorably. Mr. Walling
noted various public safety concerns for the basic reason for the proposed
•
vacation.
Councilman Puzzello then made a motion seconded by Councilman
Zakrzewski that Bill No. 48-86 go to Council favorably. The motion passed
unanimously.
Councilman Voorde then noted that the last item on the agenda was to
review Bill No. 36-86 which would vacate an alley which was being requested
by Mr. John Sullivan and Mary Roemer.
Mr. Ken Fedder the attorney for the Petitioners noted that a Substitute
Bill including a new legal description had been filed with the City Clerk' s
Office. He noted that because of various public safety concerns including
the number of children in the area, the number of accidents on Eddy Street,
the high use of the alley by trucks, the problem of cutters, that the
vacation was necessary. He also noted that only one-half of the alley was
proposed to be vacated so that ingress and egress could be had on the remaining
portion. Mr. Fedder added that he did not see any statutory conditions
rw�■ PRESS PU•IIIMINO CO.
r
Page 2.
Zoning and Vacation Committee
that could be met by the remonstrators.
Councilman John Voorde noted that the Board of Public
Works heard the petition for vacation at its meeting of April 8, 1986
where both petitioners were present. He added that one remonstrator
was present and one written remonstrance had been sent to the Board.
He noted that the dedication of right of way by the Board was a
condition of approval.
Mr. Alex Cholis, an attorney for Mr. and Mrs.. Lobdell then spoke
against the proposed vacation. he noted that a petition against the
vacation had already been prepared and added that a letter from a
realtor would be presented (copy attached) . Mr. Cholis added that the
grounds for remonstrance were found at I.C. , 36-7-3-13 and that his
clients were specifically petitioning their remonstrance under Sections
2 and 4 with regard to difficulty or inconvenience that would be
caused by the proposed vacation. he also added that if the vacation is
granted by the City that his client should have 30 days to file a
lawsuite before the Circuit Court. He added that the two petitions
involved would have seven feet added to their land and he believed that
there was no showing of public good or for the public welfare by such
a vacation. He added that in his opinion there would be double the
amount of traffic in light of the closing. He noted that the Lobdells'
own Lot No. 140 and that in his opinion there would be a question of
fire and police protection. He added that if the City would grant such
a vacation that the City would be acting as "Santa Claus" .
Mr. Fedder noted that such a vacation would not be a gift and
that there would be reasonable excess to the lands in question. he
noted that he would be citing case authority this evening that found that
such a proposed vacation similar to the one in question would be
reasonable.
Mr. and Mrs. John Lackman who live at 1123 Sunnymede also were
present and voiced concern as remonstrators.
Councilman Beck noted that the persons on the petition objecting
to the vacation all lived on Sunnymede except for the Lobdells.
Several members of the Council noted that they had voiced their
concerns at the prior meeting. Following discussion Councilman Beck
made seconded by Councilman Zakrzewski that the Substitute version of
Bill No. 36-86 go to Council favorably. The motion passed unanimously
(5-0) .
There being no further business to come before the Committee,
`Page 3.
Zoning and Vacation Committee
the meeting was adjourned at 5: 20 p.m.
Respectfully submitted,
Councilman John Voorde
Chairman