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REGULAR MEETING NOVEMBER 28, 2016 Mr. Feeney responded, At seven (7) feet wide? No. It would be difficult for a vehicle to get through. Mr. Feeney explained that there is no visible marking of where the alleyway begins and ends. It is one homogenous piece of asphalt extending from the rear of all the businesses that face Portage all the way over to the street to the west, Anderson Street. No one from the public wished to speak in favor of or opposition to the bill. Councilmember Tim Scott made a motion that Substitute Bill No. 60 -16 be sent to the full Council with a favorable recommendation. Councilmember Karen White seconded the motion which carried by a voice vote of eight (8) ayes. 68 -16 PUBLIC HEARING ON AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE EAST -WEST ALLEY LYING BETWEEN LOTS 79 AND 80 IN SORIN'S 2ND ADDITION EXTENDING FROM ST. LOUIS STREET EAST TO THE FIRST NORTH -SOUTH ALLEY EAST OF ST. LOUIS STREET Councilmember Jo M. Broden, Chair of the Public Works and Property Vacation Committee, reported that they met and send this bill forward with a favorable recommendation. James Masters, of Nemeth, Feeney, Masters & Campiti, 350 Columbia Street, South Bend, IN served as presenter of this bill. Mr. Masters stated that he was present on behalf of Blair Adams, Ret LLC. The petitioner owns both properties on either side of the alley. The property on the north is Lot 79 and the property on the south is Lot 80. There is no other abutting property owner on either side of this property other than the petitioner. Mr. Masters stated, We are asking to vacate the alley that runs between the two (2) properties. The alley is not maintained. It is not used for vehicular traffic. The purpose of vacating the alley is to either expand the existing yard on the south side —which is at 1018 North St. Louis — across the alleyway, or to construct another house on the north lot, which is currently too small to construct a house on. There is no actual use of the alley for any purpose. Mr. Masters stated that his parry thinks that vacating the alley will enhance the appearance of the neighborhood. The Board of Public Works gave this vacation a favorable recommendation, and Engineering had asked that the City be reserved an easement over a portion of the vacated alley. At the committee meeting of that afternoon, the petitioner received the description and dimensions that Engineering wanted for that easement, which is the far - eastern ten (10) feet, right where it intersects with the north -south alley. Mr. Masters stated that there was no problem in doing that, and that the petitioner will agree to do so. The matter of the easement, Mr. Masters explained, would not affect Council's decision at the present meeting, as their decision affects the vacation of the alley. The easement would simply be over the vacated alley. Those from the public wishing to speak in favor of the bill: Tom Stroka, architect and neighbor to the property, stated that he was in favor of the measure but wanted clarification as to whether or not there will be an effect on the eastern half of the block — to which he is adjacent. His understanding is that there will not be an effect, though. He additionally wanted to communicate the neighborhood's continued encouragement of garbage collection and other collections via the alley. He encouraged the Council to, as they vacate alleys, consider that the people of that neighborhood do use alleys to keep garbage and recycling off the streets. Steve Smith, 922 Keenan Court, South Bend, IN—who also owns the property at 717 Howard which is adjacent to the north -south alley that bisects the property in question— stated that he agreed with Mr. Stroka, stating that the north -south alleyway is a vital thoroughfare for the removal of trash and waste. This is in keeping with rear - access, loaded garages, and things of that nature which support better streetscapes in the neighborhood. The block to the east, between St. Peter and Notre Dame Avenue, no longer has an east -west alleyway, and the block to the west 7