07-09-01 Council Meeting Minutes

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REGULAR MEETING JULY 9, 2001 Councilmember Ujdak noted that he made a statement at the committee meeting this afternoon that unfortunately the Council is the final arbiter of the conflict. He stated that he does not believe the thirty -five (35) to forty (40) day window is unreasonable for all parties to try to find some common ground. As stated, the Council is the hearing of last resort. He noted that he believes very firmly in Councilmember King's statement that the owner has the right to know what they can do with that property. Councilmember Uj dak further noted that generally, he has been very supportive personally of historic land marking. However, public buildings area different realm because taxpayers have a piece of that building. However, there is a cost associated with maintaining, keeping or restoring that building and no one knows what those dollars are. In conclusion, Councilmember Uj dak stated that forty -five (45) days is not too long of an inconvenience on any of the parties. The motion passed by a voice vote of nine (9) ayes. BILL NO. 44-01 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH /SOUTH ALLEY WEST OF LAWNDALE AVENUE FROM THE SOUTH RIGHT -OF -WAY LINE OF LINCOLNWAY WEST TO THE NORTH RIGHT -OF -WAY LINE OF THE FIRST EAST /WEST ALLEY FOR A DISTANCE OF 120 FEET AND A WIDTH OF 12 FEET. BEING A PART OF PLEASANT HOME ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Councilmember Varner reported that the Public Works and Property Vacation Committee met on this bill and sends it to the Council with an unfavorable recommendation. Ms. Rebecca Al- shawi, representing Mr. Ali Al- shawi, 1406 Lincolnway West, South Bend, Indiana, Petitioner, made the presentation for this bill. Ms. Al -shawi informed the Council that they want to vacate the alley to add it onto their business. She noted that they own the houses on either side of the alley and they are the only ones that basically use of the alley. She noted that trash haulers and utilities use the back part of the alley. Ms. Al -shawi stated that individuals walking up and down the alley throw trash which they are constantly cleaning up. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Gary Gilot, Director, Department of Public Works, 1300 County -City Building, South Bend, Indiana, advised that the Board of Public Works sent an unfavorable recommendation concerning this bill to the Common Council. The proposed vacation would create a "T" alley and would restrict movement from Lincolnway West into the neighborhood. He noted there was a split decision of the Lincolnway Steering Committee which was the reason this bill was continued until this date to allow the petitioner to go to that committee. They also expressed concern about the vacation but they deferred to the Police, Fire and EMS concerns. Mr. Gilot noted that in the packet of backup materials that the Board of Public Works submitted to the Council there were no specific objections from Police, Fire or EMS, but the Board of Public Works's based its negative recommendation on their standard policy of denying any vacations that would create a "T" and make it difficult to access without encroaching onto private property. There was no one else present wishing to speak either in favor or opposition to this matter. Ms. Ali Al -shawi was given the right to rebuttal which she refused.