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005 <br />REGULAR MEETING <br />JANUARY 17, 1994 <br />It was noted that the Board is in receipt of recommendations <br />concerning this Vacation Petition from the Area Plan Commission, <br />Police Department, Fire Department, Legal Department, Department <br />of Economic Development and the Division of Engineering concerning <br />this proposed vacation. <br />The Police Department had no objections to the vacation. The Fire <br />Department had no objections but advised that a dead-end alley <br />should not be created. The Division of Engineering recommended <br />denial of the vacation. The Area Plan Commission submitted a <br />favorable recommendation subject to an Easement being provided to <br />the City. The Department of Community and Economic Development <br />submitted a conditional approval as the vacation creates a dead- <br />end alley and an access Easement should be provided. <br />Board Attorney Mary H. Mueller submitted to the Board her <br />recommendation concerning this vacation as follows: <br />1. The vacation of the alleyways proposed leaves a long <br />north/south alleyway with a dead end. This alleyway is <br />allegedly used by adjacent property owners and by City <br />services. The petition should be modified to state that <br />the petitioners will provide a substitute dedicated <br />right-of-way with a sufficient turning radius to allow <br />the alleyway to exit onto either Fremont or Olive <br />Streets. The vacation of the alleyways requested should <br />be subject to the dedication of a substitute right-of- <br />way and this condition should be included in the <br />petition itself. <br />2. The legal description for the vacation of the first <br />north/south alley west of Olive Street should be changed <br />to terminate the vacation at the south right-of-way line <br />of the first intersecting east/west alley (now vacated) <br />as opposed to the north right-of-way line of such alley. <br />That right-of-way will be necessary in conjunction with <br />the newly dedicated east/west alley to allow for access <br />to the remaining north/south alleyway. <br />Mrs. Mueller recommended that the Board withhold action on this <br />vacation until the appropriate amendments to the ordinance <br />providing for the new dedication of right-of-way have been made. <br />It is further noted that the Board has not yet received a <br />recommendation concerning this vacation from the Division of <br />Sanitation. Mrs. Mueller noted that the ordinance does not talk <br />about an Easement and should it be approved as submitted, the <br />petitioner could close the alley and create a long dead-end alley. <br />Therefore, Mrs. Manier made a motion that the Board table <br />submitting a recommendation to the Common Council concerning this <br />vacation and instruct the Board Attorney to contact the Petitioner <br />with the above concerns. Mr. Caldwell seconded the motion which <br />carried. <br />RESCISSION OF RESOLUTION NO. 38-1993 - TRANSFER OF CITY -OWNED <br />PROPERTY - TABLED <br />In a letter to the Board, Police Chief Ronald G. Marciniak <br />requested that the Board rescind its Resolution No. 38-1993 which <br />assigned police mechanicals #679 and #701 to the St. Joseph County <br />for use by the St. Joseph County Civil Defense Police. <br />Chief Marciniak noted that based on discussions with the Director <br />of Civil Defense and the City Attorney's office, mechanicals #679 <br />and #701 will be reassigned to the police vehicle fleet and will <br />be maintained by the Police Department. These vehicles will <br />continue to be used by the St. Joseph County Civil Defense <br />