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REGULAR MEETING <br />AUGUST 26. 2002 <br />Mr. Masters noted that the situation is compounded by the fact that in 1987 Dr. Proudfit, who has <br />his eye doctor's office to the west of the library, had his portion of the alley vacated but the alley <br />was never closed off. The pavement and the access from 20th Street is still there. The situation is <br />made even more difficult because the parking garage for IUSB is located immediately to the west <br />of Dr. Proudfit's office with the entrance ramp to that parking garage almost directly across from <br />this alley and while traffic is backed up at the stop light at 20th Street, people cut through the alley. <br />Mr. Masters informed the Council that this project was delayed several times in order to resolve <br />some issues with Dr. Proudfit. His attorney, Mr. Ken Cotter, is present this evening to speak to <br />some of these issues and to confirm how they intend to handle the situation. Dr. Proudfit will close <br />off the alley behind his property and will pave his parking lot which is already bounded by a fence <br />so when you enter his parking lot there is no access to the alley behind the library. The library <br />intends to close off the alley, if vacated, and expand their parking lot. It will be closed off so that <br />people coming north in the north/south alley cannot enter upon the library's property and people who <br />are going west along the alley cannot cut through to get behind Dr. Proudfit's property. The entire <br />alley will finally be closed off. <br />Mr. Masters stated that the City Engineer is concerned about continued access to the north/south <br />alley. To resolve this concern, Dr. Proudfit has agreed to give a public easement along the alley <br />which runs to the south of his parking lot which was also vacated some years ago but not closed off. <br />He will dedicate a public easement along the south boundary of his parking lot so that City trash <br />trucks and anyone else who needs to get to the north/south alley can access it that way. In addition, <br />if it becomes necessary, he will also dedicate another seven (7) feet on the south part of that parking <br />lot to give enough width for trash trucks to get through. Mr. Masters advised that when the library <br />purchased the lot to the west of the library building which is between Dr. Proudfit's office and the <br />library they also received an easement that runs through his parking lot. This was apparently <br />something that was given to the owner of that property years ago when Dr. Proudfit came before <br />this Council for the alley vacation. There is an Access Easement that the library now owns which <br />runs through his parking lot. The library is agreeing to vacate that Easement through a Quit Claim <br />Deed. By giving up this Easement, Dr. Proudfit is going to give the City the Easement along the <br />south boundary of his parking lot which gives the access the City Engineer wants and that should <br />resolve all of the issues. <br />Mr. Masters reiterated that the main concern is the safety hazard for both library patrons and for Dr. <br />Proudfit's patients or employees that use his parking lot. In summary, the whole alley will be closed <br />off, Dr. Proudfit's lot will be paved and the library lot will be paved. Once Lot #45 is paved for <br />a parking lot, they will also landscape the south boundary and completely shield off that property <br />from the house that is to the south. He noted that they understand that if the Council approves this <br />vacation tonight there is a two (2) week window between publication before it would take effect and <br />during that two (2) week period of time they will prepare and record the documents that are required <br />to effectuate the Easements that have to be done by both parties in order to conclude this transaction. <br />This being the time heretofore set for the Public Hearing on the above bill, proponents and <br />opponents were given an opportunity to be heard. <br />Mr. Ken Cotter, Tuesley and Hall, 212 East LaSalle Avenue, South Bend, Indiana, advised that he <br />represents Dr. Proudfit and that everything that Mr. Masters has told the Council is correct in that <br />Dr. Proudfit is willing to give the City an Easement for trash pick up. He noted that they have <br />discussed this matter with at least one (1) of the neighbors whose trash may be affected and they are <br />willing to move their trash can from the back to the farthest southern portion of their lot so it should <br />not have an effect on trash pick up. He noted that they do not believe that is going to have any undue <br />effect on any of the neighbors and they will, if this vacation is passed, along with Mr. Masters, <br />prepare the appropriate Easements for the City. <br />There was no one else present wishing to speak to the Council in favor of this bill and there was no <br />one present wishing to speak against this bill. <br />Therefore, Councilmember Coleman made a motion that substitute Bill No. 40 -02 be sent favorably <br />1 <br />1 <br />1 <br />