Loading...
HomeMy WebLinkAbout08-14-00 Public Works & Property Vacation PWorks and Properly Vacation Committee South Bend Common Council The August 14, 2000 meeting of the Public Works and Property Vacation Committee was called to order by its Chairperson,Council Member David Varner at 4:02 p.m. in the Council Informal Meeting Room. Persons in attendance included: Council Members Aranowski,Kelly, Varner,Ujdak, King,Pfeifer,Kirsits and Coleman; Shane A. Sult,Mr. Ray,Archie Bradford, Carl Littrell,John Broden,Mr. and Mrs. Edward Cour, Terry Bland of the$mufk Arnti`dCribun , and Kathleen Cekanski-Farrand, Council Attorney. Council Member Varner noted that the first item on the agenda was to review Bill No. 54-00 which is a vacation request for the first north/south alley west of Notre Dame Avenue from the south right-of-way of South Bend Avenue to the north right-of-way of Almond Court. Dr. Varner noted that this was continued from the last Council meeting. Mr. Shane A. Sult noted that he was representing the petitioners,Olivet African Methodist Church and Archie J. Bradford. The purpose of the proposed vacation is to construct a parking lot for the Olivet African Methodist Church congregation which would include parking for the disabled. He noted that he has hired Michael Harding of the Barnes&Thornburg law firm to prepare the cross easement agreement required by the Council,however that attorney is currently on vacation. Mr. Ray spoke in favor of the proposed vacation. He noted that the church has been a neighbor for over 50 years to his family and that it has a positive influence on the neighborhood. So long as access for his nephew is permitted which he understands will be addressed in the cross-easement agreement,he would be in favor of the proposal. Mr. Archie J. Bradford noted that the one remonstrator who appeared at the last Council meeting is most concern about her trash pick-up. He noted that he has voiced her concerns and that the distance to S.R. 23 where pick would take place is approximately 15'to 18' away. He also noted that the church has rental property between the church and Mrs. Teebold's property. Council Member King noted that he had been in contact with.Mrs. Teebold and the City's Engineering Department. Mr. Littrell noted that Mrs. Teebold could hire a private hauler if she so desired. Following discussion, Council Member King made a motion, seconded by Council Member Aranowski that Bill No. 54-00, as amended be recommended favorably. The motion passed. The Committee then reviewed Bill No. 60-00 which is a request to vacate the northermost 15' strip of property in the E&M Goerner Replat on Lots 47,41 and 35. Mr. Edward Cour made the presentation. He noted that the extra amount of right-of-way comes right up near the doors of the affected properties. The neighbors have jointly shared the cost of the proposed vacation and all seek its approval. Public Works and Property Vacation Committee Meeting Minutes of August 14,2000 Dr. Varner noted that the proposed ordinance received a favorable recommendation from the Board of Public Works however their were concerns raised with regard to the legal description. Council Member King noted that he had spoken with the City's Engineering Department regarding the legal description. Mr. Littrell proposed a new legal description(copy attached) which would replace the description currently set forth in Section I of the ordinance. Council Member King also noted the history of the area in question in light of a potential remonstrator who had called the City Clerk's office who rents the property on Lot No. 36 and would like access to his garage. Council Member King provided a copy of Ord. No. 7242-83 where the former alley in question to the garage was vacated. (copy attached). The Council Attorney noted that the individual renting Lot No. 36 would not have a valid remonstrance under current Indiana law since the alley addressed in Ord.No. 60-00 is a totally different alley. She further noted that the issue of access to his garage is one of the use of private property in light of the 1983 vacation. Since the renter has only been there for approximately six(6)months there would also not be the claim of adverse possession. Mrs. Cour stated that she would allow access to the renter only if the vacation is approved this evening. Following discussion,Council Member King made a motion, seconded by Council Member Aranowski that Bill No. 60-00, as amended, be recommended favorably to Council. The motion passed. There being no further business to come before the Committee,the meeting was adjourned at 4:20 p.m. Respectfully submitted, Council Member David Varner, Chairperson PUBLIC WORKS AND PROPERTY VACATION COMMITTEE Attachments KCF:kmf • Public Works and Property Vacation Committee Meeting Minutes of August 14,2000