2002-91 VACATING RIGHT OF WAY - HAYS AVENUE BETWEEN CHARLES AND WOODFORD STREETS

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ECONOMIC AND URBAN DEVELOPMENT MEMORANDUM Memo No. 02-108 October 16, 2002 TO: Honorable Mayor Terry M. Howley and City Council Members FROM: Steve Garma ity Manager , A. J. Krieg , ssistant City Manager ,� Steve Van St enhuyse, AICP, Pla 'n nag��t-j Kathy J. Miller, AICP, Planner��v SUBJECT: Street Right of Way Vacation-- Hays Avenue,between North Charles and North Woodford Streets SLTMMARY RECOMMENDATION: Staff recommends approval of the vacation of the street as proposed by the petitioner. The public right of way does not appear 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 vacation request. The Plan Commission reviewed the request at the October 3, 2002 meeting and recommended approval with a vote of 5 to 2. Plan Commission minutes are attached. BACKGROiJND: Before filing a petition for vacation, Mr. Randy Waks submitted a letter explaining that he was interested in vacating the right-of-way but would not vacate if there were plans to construct a street in this location. After staff review by Planning and Engineering, it was determined that it would be highly unlikely that a street would be constructed in this location. Mr. Waks was so informed and subsequently submitted a petition for vacation of the Hays Avenue Right-Of-Way between North Charles and North Woodford Streets. The Waks' own all the parcels on the south side of the Hays Avenue Right-Of-Way. The Decatur Public School District owns the property to the north of the Right-Of-Way. The street was not developed at this location and there are no plans to construct a street adjacent to the privately-owned Runnin' Reds Drive. POTENTIAL OBJECTIONS: There were no objectors to the request for the street Right-Of-Way vacation at the Plan Commission meeting. INPUT FROM OTHER SOURCES: The Decatur Public School was contacted and has no objections to the vacation. Utility letters have been received from Illinois Power, Ameritech and Insight Communications stating that no utilities are located within the Hays Avenue Right-Of-Way. No easements are required. STAFF REFERENCES: If Council members have questions they may contact Kathy Miller at 424-2786 or at kjmiller@decaturnet.org. BUDGET/TIME IMPLICATIONS: Two appraisals for the proposed Hays Avenue Right-Of-Way vacation were obtained with an estimated market value of$4500 and $4200. The petitioner will pay the City$4500 for the property to be vacated.