08-09-04 Council Meeting Minutes

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REGULAR MEETING AUGUST 9,2004 BILL NO. 43-04 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF NILES AVENUE, FROM THE NORTH RIGHT OF WAY LINE OF CEDAR STREET TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 198 FEET AND A WIDTH OF 14 FEET. THE SECOND ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF NILES AVENUE, FROM THE NORTH RIGHT OF WAY LINE OF MADISON STREET TO THE SOUTH RIGHT OF WAY OF CEDAR STREET FOR A DISTANCE OF 410 FEET AND A WIDTH OF 14 FEET. ALL BEING A PART OF THE ORIGINAL TOWN OF LOWELL,NOW THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. Councilmember Varner, Chairperson,Public Works &Property Vacation Committee,reported that this committee met on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Richard Deahl,Barnes&Thornburg, 100 N. Michigan Street, 6th Floor, South Bend, Indiana made the presentation for this bill. Mr. Deahl advised that he is representing the petitioner Madison Center, Inc. Mr. Deahl stated that the petitioner requests that the two 14 foot wide North-South alleys located in the center of the property which was formerly owned by Rose Fuel Company be vacated. The reason for this requested vacation is to enable Madison Center to build new patient treatment and office buildings on the former Rose Fuel property. The alleys which are petitioned to be vacated interfere with the construction of these buildings which will be constructed on the land where the alleys presently exist. Neither of these alleys is presently in use and neither of them has been used for a number of years. This being the time heretofore set for the Public Hearing on the above bill,proponents and opponents were given an opportunity to be heard. Ms. Kathryn Gustafson, President, Midwest Athletic Equipment&Apparel, 517 N. Hill Street, South Bend, Indiana, spoke regarding the alley that runs adjacent to her store. Ms. Gustafson was concerned that if the alley was going to be closed next to her store,that is the only access to her loading dock, for receiving shipments. Councilmember Coleman stated that the alley that Ms. Gustafson is concerned with is not the alley that is up for consideration tonight. Mr. Deahl advised that the petition indicates that the alley way under consideration stops at the south side of the 14 foot east-west alley way which Ms. Gustafson is referring to. The east-west alley way is not under consideration at this time. Councilmember Coleman asked if the Alley runs from Hill Street all the way to Niles Avenue? Mr. Richard Deahl stated that the alley way does extend from Hill Street through to Niles Avenue. Councilmember Coleman asked Council Attorney Kathleen Cekanski-Farrand to read into the record the criteria in which the Council is guided by. She stated that I.C.36-7-3-13 has four basic criteria, there are as follows: 1. That the vacation would not hinder the growth or orderly 7