2010-55 VACATING ALLEY - 1600/1700 BLOCKS OF NORTH CLINTON STREET AND NORTH RAILROAD AVENUE

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Excerpts from Plan Commission Minutes of July 1,2010 continued: Mr. Dial said that the staff report stated that the alleyway appears to have been gated for several years and utilized by the company as part of their facility, but the letter from the property opposing the vacation said they have had use of the alley since they bought the property. Mr. Dial asked how they utilized this locked gate. Ms. Stickle said they would have access to the alley during the day but at night they have the roller gates closed and locked. Mr. Dial asked if the alley is vacated would the property owner opposing the vacation still have access to the alley. Ms. Stickle stated they would not unless they had a agreement with Mason Manufacturing. Mr. Phil Cochran, representative, said Mason Manufacturing has owned the property for several years. During this entire time the alley has been blocked off at both Olive Street and the south end of the alley, which is private property. There are twenty-eight (28) lots in this one (1) block area and all but four (4) are owned by Mason Manufacturing. All property owners were notified by registered mail. There was only the one (1) letter received opposing this proposed vacation. There will be another two (2) to three (3) weeks before this would go to City Council, if approved, to give the property owners who oppose this adequate time to get here or seek legal representation. Mr. Cochran stated if you were to visit the site you would not know that the alley is not a part of Mason Manufacturing. They move goods across the alley and have for several years. The property opposing the vacation has not been occupied for seven (7) years or longer. There is a garage door on the alley and also on the front of the garage that could be accessed from North Clinton Street. Mr. Jad K. Mason, Vice President of Mason Manufacturing, was sworn in by Mrs. Poland. Ms. Elayna Sadorus asked Mr. Mason if Mason Manufacturing had maintained the opposing property in any way. Mr. Mason said no. Mr. Mickler asked Mr. Mason if he has ever noticed the angled door in the alley ever being used. Mr. Mason said their property was purchased from ADM in 2001 and he has not seen the door ever opened or used. Mr. Mason said they do maintain the alley and ADM did prior to 2001. There were no objectors present. There is one (1) opposing property owner that sent a letter asking for the item to be tabled; the letter is attached. It was moved and seconded (Edwards/Peck) to forward Cal. No. 10-17 to the City Council with recommendation for approval as presented by staff. Motion carried unanimously.