12/09/91 Board of Public Works Minutes

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REGULAR MEETING DECEMBER 9, 1991 for residents to give back to the City property in order to provide a wider turning radius because of the creation of T-intersection alleys. In some instances there is no property to give back to the City for this purpose. Mr. Luecke stated that Mr. Scott Mainwaring and Ms. Susan Elfin, 817 Forest Avenue, South Bend, Indiana, have submitted a letter indicating their opposition to the vacation. Additionally, Mrs. Mary Grontkowski, 720 Portage Avenue, South Bend, advised him that she is in opposition to the vacation. Mr. Todd Wakevainen, 738 Leland Street, South Bend, Indiana, stated that he is concerned for himself and his tenants and is opposed to parking on the street as well as exiting onto Portage or Riverside. He indicated that he is of the belief that some type of compromise could be reached. He inquired what would happen if two (2) cars were coming down the north/south alley at the same time with no room to turn around. Someone would have to back all the way out of the alley. Mrs. Karczewski addressed the Board again and stated that there are not twenty-two (22) properties as previously stated by Mr. Slattery but forty-five (45) houses with a potential of ninety. (90) cars that would have to utilize the one -fifth mile long alley. She noted that someday the residents may wish to improve or build new garages on their property to enhance their property but could not use the garages because of lack of access. Mrs. Karczewski inquired if any of the Board members made a site inspection and was told that Mr. Leszczynski did visit the area. Mr. Slattery stated that the alley is not paved and is a dirt alley full of potholes. He inquired where the traffic would go if some of the alleys were closed and some not. He stated that his garage is not currently being used but access to that garage is important to him and the value of his property. Should the alley be vacated it would be so permanently and would stop the future use of the garages. Mr. Griffith, 809 Forest Avenue, South Bend, Indiana, stated that most of the traffic he notices is not from residents but from others utilizing the alley as a shortcut. He stated that perhaps actual numbers could be tabulated regarding the number of vehicles utilizing the alleys. There being no one else present wishing to address the Board concerning this matter, upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the Public Hearing on this matter was closed. Chief Assistant City Attorney Jenny Pitts Manier advised the Board that the Area Plan Commission has noted that property owners of lots 1 & 2 and lots 9 & 10 have not signed the Vacation Petition and therefore the individuals who submitted the Petition have no authority to request the vacation of those alleys. In order to vacate these alleys owners of lots 1 & 2 and 9 & 10 would have to sign the Petition. The other residents who have signed have no interest in that particular property. Ms. Humphreys inquired what the Board's options were in this matter. She that noted the Board is required to send a recommendation to the Common Council and they don't have the authority to amend the Petition. She further noted that the Board can send a negative recommendation based on the information at hand as well as a recommendation that the Common Council consider the creation of T-intersection alleys. Mrs. Manier stated that the Board can send either an affirmative or negative recommendation with comments indicating that the Council may wish to modify the Petition. Therefore, Ms. Humphreys made a motion that the Board send to the Common Council a negative recommendation as it appears that not