2011-40 VACATING PORTIONS OF STREETS - 3700 AND 3800 BLOCKS OF EAST HARRISON AVENUE AND EAST GARFIELD AVENUE; 2000 AND 2100 BLOCK OF NORTH 38TH STREET

Home Browse Search

Excerpts from Plan Commission Minutes of June 2,2011 Cal.No. 11-15 Petition of ARCHER DANIELS MIDLAND COMPANY, to vacate the Right-of-Way located in the 3700 and 3800 Blocks of East Harrison Avenue, East Garfield Avenue and the 2000 and 2100 Blocks of North 38th Street. Mrs. Joselyn Stewart was sworn in by Mrs. Janet Poland. Mrs. Stewart presented the recommendation of staff: The petitioner is requesting vacating public right-of-way located in the 3700 and 3800 Blocks of East Harrison Avenue, East Garfield Avenue and the 2000 and 2100 Blocks of North 381h Street. The petitioner continues to purchase land adjacent to its current facilities and wishes to create larger pieces of ground for future planning. All property owners located along East Harrison Avenue and East Garfield Avenue have been notified by the petitioner regarding the vacation and no objections have been expressed to the City. The petitioner owns all other adjacent properties. Letters were sent to AmerenIP, Comcast Communications, and AT&T notifying the utility companies of the vacation request and no objections to the proposed right-of-way vacation have been expressed. An easement will be reserved for utility access. Because there is only one (1) licensed commercial appraiser in the City of Decatur, only one (1) appraisal was conducted on the property. The proposed vacated property has an estimated market value of$27,500.00 which will be paid to the City. The right-of-way is not necessary to serve the general public. Staff is of the opinion that the best interests of the City of Decatur would be served by approving the request to vacate the right-of- way. Staff recommends approval of the petition. The Administrative Policy of the City of Decatur requires that property vacation requests be submitted for a public hearing. Although a Plan Commission recommendation is not required, a motion to forward the request of Cal. No. 11-15 to the City Council with a recommendation for approval is suggested. Chairman John Mickler asked what happens to City infrastructure, such as fire hydrants and lighting, when the City approves a vacation of right-of-way. Mrs. Mary Cave, Public Works, was sworn in by Mrs. Poland. Mrs. Cave said the existing infrastructure stays in place. They are accessed through utility easements that surround them. As ADM develops further, the infrastructure would be vacated and/or moved. Chairman Mickler asked if this is at their expense. Mrs. Cave said yes. Mr. Kris Kappenman, representative, was sworn in by Mrs. Poland. Mr. Kappenman said ADM does own all of the properties contiguous with the proposed vacation with the exception of a railroad property to the south. No homeowners will be landlocked. There were no objectors present. It was moved and seconded (Peck/Smith) to forward Cal. No. 11-15 to the City Council with recommendation for approval as presented by staff. Motion carried unanimously.