12/09/91 Board of Public Works Minutes

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REGULAR MEETING DECEMBER 9, 1991 safety as being one of the reasons for the closing of the alleys as vehicles do utilize the alleys at a high rate of speed and also because when the properties were platted no distance was left between the property line and the edge of the house and in the summer with windows open it becomes quite dirty. Therefore, the convenience of the homeowners would be enhanced by this vacation. Mr. Daniel Slattery, 754 Leland, South Bend, Indiana, stated that he has access to his garage from the mid north/south alley and uses the cross alley to get to that garage. Of the twenty-two (22) properties, eight (8) of the properties lie across from the alley and would not have need to use the alley. Three (3) of the petitioners have private drives on the street and have no need to use the alley. Six (6) have no garage and one (1) has access to Portage Avenue. Of the four (4) remaining, three (3) have garages and one (1) has a parking area that abuts the alley and they would still be able to use it as a private drive. Mr. Slattery noted that eighteen (18) property owners who did not sign the petition would directly be effected by the vacation. Mr. Slattery inquired if the Petition had to be considered by the Board as presented or if there was room for compromise. Chief Assistant City Attorney Jenny Pitts Manier stated that the Board could not amend the Petition or ordinance. Mr. Slattery submitted to the Board pictures which he took this past weekend indicating the type of situation which would be encountered by motorists attempting to drive from the alley onto Portage and Riverside. He noted that there is a visual obstruction on these heavily travelled streets. Mr. Ron Schriver, 734 Leland, South Bend, indicated that he is in opposition to the Indiana closing (Lot #5), of the alleys for the reasons previously stated which is unsafe access to Portage and/or Riverside. He noted that he would not be opposed to an alternate or partial closing of the alleys or limited access. Mr. Paul Griffith, 809 Forest, South Bend, Indiana, informed the Board that he is in favor of the vacation as there is a large amount of foot and vehicular traffic through the alley and for the safety of the children he would recommend approval of the closing. He noted that access at the end of Portage or Riverside is not ideal but he is not sure any other alternative is better and it would be a trade off for the inconvenience. He stated that he would oppose selective closings. Mr. VandenBossche addressed the Board again and stated that the alleys are used as much as shortcuts as for access and there are quite a few garages on the alley that are not being utilized. He stated that the convenience issue is as important as the safety issue. At this point, Mr. VandenBossche also submitted to the Board photographs of the alleys. It was also noted at this time that there were no statistics available on the amount of traffic utilizing the alleys. Mr. Stephen Luecke, 1st District Councilman and property owner of 816 Leland Avenue, South Bend, Indiana, advised that he and his wife own property that abuts one of the alleys proposed for vacation and he has a conflict of interest in this matter. He noted that some residents are in favor and some are against. Mr. Luecke advised members of the Board that some time ago he was approached by Mr. VandenBossche regarding the possibility of closing the alley. He was also approached by Mr. Bullock regarding the closure of the alley abutting his residence. At that time it was thought that combining the efforts of the residents of the area to close the four (4) alleys would be the best method to follow. The four (4) alleys were recommended to be closed in the fashion they were in order to eliminate the need