Subject:
Title
Set alley vacation Public Hearing for 120 Church Street NE
Body
EXPLANATION AND SUMMARY:
In November 2012, contingent upon the applicant’s provision of plats, deed of consolidation, appraisal, and other necessary information, Town Council approved beginning the process to dispose of the alley between 108-110 Church Street NE (Tocherman) and 120 Church Street NE (Staats). The alley runs mid-block from Church Street to Ayr Hill Avenue. No further information was provided in 2012, and the matter was not pursued by staff.
In March 2016, Mr. Staats submitted a new application with his fee to request vacation of the alley adjacent to his property at 120 Church Street NE. Recently Mr. Staats provided a plat, deed of consolidation, metes & bounds description, offer letter, and appraisal.
In 2012 all Town departments and utility companies verified that they had no objections to the alley vacation. If Town Council is interested in restarting the vacation process, it is recommended that a panel of three viewers be appointed to determine that there is no inconvenience to the public or need to keep any piece of the alley. It is recommended that the Town Attorney be authorized to secure an independent appraisal and the applicant be required to dedicate the area occupied by the Church Street sidewalk to the Town. To provide enough time, it is recommended that Town Council set a date for the Public Hearing at its July 11, 2016 meeting.
Departmental Recommendation: Recommend that Council appoint viewers, grant authority for an appraisal, and schedule a vacation public hearing.
Finance Recommendation: Appraisal cost would be charged to DPW Administration.
Purchasing Recommendation: N/A
Town Attorney Recommendation: Pursuant to the state and Town codes, the Town Attorney recommends that Town Council authorize appointment of viewers, approval of an independent appraisal, and scheduling of a public hearing to consider the proposed vacation and sale of Town property.
Town Manager's Recommendation: I recommend the Town Council set a Public Hearing to consider the vacation of the public alley adjacent to 120 Church Street NE as presented.
Cost and Financing: Approximately $2,000 for independent appraisal
Account Number: 100-104-1041-14110-43101
Decision Needed by This Date: N/A
PROPOSED/SUGGESTED MOTION
Recommended Action
"I move to set a Public Hearing to consider vacation of the public alley adjacent to 120 Church Street NE at the July 11, 2016 Town Council meeting and instruct the Town Clerk to advertise notice of a Public Hearing.
And
I further move to authorize the Mayor to appoint a panel of three viewers from citizens serving as Planning Commission and Board of Zoning Appeals members to determine if there exists an inconvenience to the public or need to retain the alley.
And
I further move to authorize the Town Attorney to obtain an independent appraisal of the alley property.”
Or
Other action deemed necessary by Council.