01/20/92 Board of Public Works Minutes

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REGULAR MEETING .JANUARY 20. 1992 Mrs. Martha Jane Fields, 725 Wall Street, South Bend, Indiana, indicated that she utilizes the proposed alley to be vacated as the entrance and exit to her garage. Mrs. Fields stated that should this access to her garage be shut-off, her property would be valueless. She noted that she would have to drive one-half (1/2) block and come in the other way and go another one (1) block to get into her garage. She also stated that it does not appear to her that there is that much traffic utilizing the alley and she has lived there for thirty (30) years. Mrs. Fields stated that people have run into her fence also but that has happened only once or twice in that last thirty (30) years. She informed the Board that her house faces the alley and she has observed foot traffic from young high school students and if there is any dumping it is being done by the neighbors. Mrs. Fields stated that the situation as has been described is not that sitution that she has observed. She noted that she understands Mr. Miller's concerns and would hope that the neighbors could work out something amicably and remain friendly. Mrs. Fields stated that she believes it is wonderful for Mr. Miller to have the property located in the back and would have no objections if she could turn around from her garage and if the alley is paved and maintained it would be no problem. However, in the winter time the alley is not plowed and she does need it as a driveway. Mr. William Lamie, 1417 Wall Street, South Bend, Indiana, asked the Board for clarification concerning the proposed vacation and wondered just what the vacation entailed and whether or not the City was required to do anything such as signage. Mr. Leszczynski advised that once the alley is vacated it is no longer the City's responsibility and no signage is installed. Mr. Lamie inquired if the City was still responsible for the excess of the alley. Mr. Leszczynski stated that the City would just be responsible for the grading of that portion. Mr. Lamie stated that it is not wide enough for the sanitation trucks to get through without clipping the trees and grading the alley only adds to the problem. Mr. Lamie indicated that his major concern is once the alley is vacated would it still be an alleyway and he is concerned about access. He noted that this alley is the only access to his garage and he has spent much time and money and would love to be able to use the alley as access but it just is not feasible as it is as there is standing water in the alley most of the time. Board Attorney Mary H. Mueller indicated to those present that when an alley is vacated, it no longer is the City's responsibility and therefore is not maintained or graded by the City and the City would not install drywells. Mr. Leszczynski inquired of Mr. Miller what his opinion is of the closing of the alley proposed today. Mr. Miller stated that he would have to submit a qualified yes subject to the approval of his proposed vacation. Board Member Patricia E. DeClercq advised those present that the Board can only look at the Petition it has before it today on this specific alley not based on future plans. Therefore, Mr. Miller stated that he is opposed to this vacation until he can work something out. Mrs. Fields stated that she is opposed to the closing. Steven and Kathleen Mitchell, 729 South Twyckenham Drive, South Bend, Indiana, owners of Lot #78, stated that they are neutral regarding this vacation. There being no one else present wishing to speak regarding this vacation, Mr. Leszczynski made a motion that the Public Hearing regarding this matter be closed. Mrs. DeClercq seconded the motion which carried.