2011-43 VACATING ALLEY - 700 BLOCKS OF NORTH UNION AND CHURCH STREETS

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Excerpts from Plan Commission Minutes of July 7, 2011: Cal.No. 11-19 Petition of THOMAS KOWA, MANAGER OF OKO, LLC to vacate the Alleyway located between the 700 Blocks of North Union and North Church Streets. Ms. Stickle was sworn in by Mrs. Althoff. Ms. Stickle presented the recommendation of staff: The petitioner is requesting vacating the alleyway in the 700 Blocks of North Union Street and North Church Street. The vacation will enable the petitioner to control the alley and utilize the area in the future as part of their overall neighborhood plan. The petitioner owns all the adjacent properties on both sides of the alleyway. The original petition requests vacating a portion of Union Street as well as a portion of the alleyway. Upon further research by Staff, it was found that in 1943, the South 130 feet of North Union Street as well as 105 feet of the subject alleyway. The only portion of the petitioner's request that needs to be vacated is a 60 foot by 20 foot wide portion of the alleyway located directly north of the Railroad Right-of-Way. Letters were sent to AmerenIP, Comcast Communications, and AT&T notifying the utility companies of the vacation request and no objections to the proposed alleyway vacation were expressed. An appraisal was conducted on both the alleyway and North Union Street Right-of-Way. The property has a market value of $0.08 per square foot. The only portion of alleyway that requires vacation is 1,200 square feet in area. The proposed vacated alleyway has an estimated market value $96.00 which will be paid to the City. The formal vacation of this alleyway does not appear that it will have an adverse affect on the general public. The alleyway is surrounded by property owned by the petitioner, Railroad Right-of-Way and vacated alleyway. Staff recommends approval of the alleyway vacation with the following condition: 1. All easements shall be maintained. The Administrative Policy of the City of Decatur requires that property vacation requests be submitted to the Plan Commission for a public hearing. Although a Plan Commission recommendation is not required, a motion to forward the vacation request of Calendar Number 11-19 to the City Council with a recommendation for approval is suggested. Mr. Mickler asked if the vacation was just for the alley. Ms. Stickle responded yes, the vacation is for the southern portion that is adjacent to the railroad right- of-way. Mr. Shane Mendenhall was sworn in by Mrs. Althoff. Mr. Mendenhall stated that he was with the law firm Bolen, Robinson & Ellis which represents the petitioner, Mr. Thomas Kowa. Mr. Mendenall stated that the petition was filed to vacate the remainder of the alleyway. Mr. Mendendall stated that OKO, LLC owns quite a bit of property off of Union/Church/Green Streets and is working on a beautification project and is in the process of cleaning up the area. It was moved and seconded (Livingston/Peck) to forward Cal. No. 11-19 to the City Council with recommendation for approval as presented by staff with Mr. Grady abstaining from the vote. Motion carried.