09-13-93 Zoning & Vacation - Laserfiche WebLink

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• Zoning and Vacation Committee September 13, 1993 Page 4 departments and bureaus of the City. He noted that the following sent favorable reports to the Council: 1. Department of Community and Economic Development, favorable, dated September 2, 1993 ; 2 . Department of Public Works, favorable, dated September 3, 1993 3 . Police Department, favorable, dated August 30, 1993 4 . Fire Department, favorable, dated September 2, 1993, with a request that the Department have access to all structures prior" to relocation or demolition; 5. Area Plan staff, favorable, dated September 3, 1993 , with detailed information per letter attached. In response to a question raised by Council Member Slavinskas, Mr. Komasinski noted that if the Council found that all of the State Law and local ordinance provisions were met with regard to the proposed vacation, that he would not object to a contingency clause being added requiring final approval by the State Tax Commissioners. Council Member Washington spoke in favor of such a clause so long as all of, the vacation requirements had been satisfied first. Council Member Slavinskas stated that in his opinion he believes that all of the vacation criteria have been met and that that conclusion is substantiated by the recommendation of the Board of Public Works and all of the Boards and Bureaus reporting to the Board of Public Works. In response to a question to the Council Attorney, she noted that under the "home rule" powers of Indiana Law, the Council could consider such a contingency so long as the primary provisions of the vacation procedures have been met, with any contingency being subordinate thereto. Council Member Slavinskas noted other vacations passed by the Common Council which met this criteria whereby once the vacation's provisions were satisfied that additional conditions were added to a proposed Bill to provide further protections. Following further discussion, Council Member Slavinskas made a motion, seconded by Council Member Washington, that the Bill for discussion purposes be amended to include such a contingency clause. The motion passed.