10/29/90 Board of Public Works Minutes

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3531 REGULAR MEETING OCTOBER 29, 1990 There being no one else present wishing to speak either for or against the proposed alley vacation, upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the Public Hearing on this matter was closed. Mr. Leszczynski stated that when an alley is vacated it reverts to private property and each abutting property owner receives one-half of the alley being vacated. If adjacent property owners decide to erect a fence on their portion it prohibits use as a driveway by other residents and delivery trucks or emergency vehicles could not get through the alley. Mr. Leszczynski informed those present that the Board is in receipt of unfavorable recommendations from the Area Plan Commission and the Fire Department concerning this vacation and is in receipt of favorable recommendations from the Department of Public Works and the Department of Economic Development. Mrs. DeClercq stated that she would like to retiterate Mr. Leszczynski's comments and indicated that once the alley is vacated and becomes private property, there is no way to enforce access concerns should property change owners and they decide to deny access by erecting fences or planting trees. Board Attorney Jenny Pitts Manier informed the Board that she has some concerns regarding the legal sufficiency of the Vacation Petition. She noted that pursuant to I.C. 36-7-3-12 Petitioners requesting the closing of an alley must own or are interested in any lots or parts of lots and want to vacate all or part of the public way in or contiguous to those lots or parts of lots. She noted that the property owners at 923 and 925 South 21st Street have not signed the Vacation Petition and are against the closing of the alley abutting their property and she questioned if any of the Petitioners had an interest in those properties. Ms. Manier stated that because she believes no other Petitioner does have an interest in those two (2) properties, she questions whether the Petition meets legal requirements. Mr. Morgan inquired if it would do any good if signs were installed in the alley indicating that it is not a through alley. Mr. Leszczynski advised that there are signs there now but people do not pay attention to that signage. Mr. Leszczynski advised the residents that if they were interested in paving the alley to eliminate flying dust and dirt and installing speed bumps, there may be some things the City could do to assist them in this endeavor. However, they would have to pay for the materials required for these improvements. A question arose whether the entire length of the alley needed to be vacated or if a portion of the alley could be closed. Mr. Leszczynski stated that the alley is too narrow and that if only a portion of the alley were vacated it would make access for a turning radius for trash trucks, delivery trucks and emergency vehicles impossible. Mr. Maxey stated that a City alley grader previously did not have trouble making a ninety (90) degree turn in the alley. Mr. Leszczynski noted that the grader most likely had to utilize private property to manipulate the turn. Mr. Maxey stated that it did not. There being no further questions or comments concerning this Vacation Petition, Mrs. DeClercq made a motion that the Petition be referred to the Common Council with an unfavorable recommendation noting the possible sufficiency of the Petition with regard to abutting property owners. Ms. Humphreys seconded the motion which carried and added that she would encourage property owners to explore the possibility of paving the alley and installing speed bumps and that the City would certainly work with the property owners in this regard.