10/03/88 Board of Public Works Minutes

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REGULAR MEETING OCTOBER 3, 1988 Mr. Leszczynski advised Mr. & Mrs. Krol that the issue before the Board today is the vacation of the alleys and that they may erect a fence on that property should the alley be vacated. Mr. Krol informed the Board that the garage on the north/south corner of the alley is also in need of access by this alley. Mr. James Mullins, 116 North Notre Dame, South Bend, Indiana, (Lot #4), advised that he is the individual who needs access to his garage. He stated that he has a problem with the closing of the alley as it is required in order for him to get in and out of his garage. He informed the Board that he has lived at this address since 1956 and has had problems in the past with debris from the dentists office as well as problems with snow plowing in the winter. Mr. Leszczynski advised Mr. Mullens that the cross alley would remain open. Mr. Mullens stated that he has to come down the alley and go back the same way in order to utilize his garage. Mr. Krol advised that seven (7) feet will be open for Mr. Mullen's use but that is not wide enough as he still needs to come down the alley. Mr. Krol informed the Board that the area is zoned "B" residential and asked for some respect to the residents. He stated that they like improvements but they live in the area twenty-four (24) hours a day and they need some protection for their livability and privacy and he wants to be secure that his rights will be protected. He also stated that there are traffic problems now and wondered why the whole alley was not vacated. Mr. Leszczynski advised Mr. Krol that he can Petition to vacate the remaining alley should he desire to do so. Mr. Krol also pointed out to the Board that a telephone poll stands at the corner of the alleys to be vacated and there is no radius to turn. In response to Mr. Mullen's inquiry if this matter would be decided at this time, Mr. Leszczynski advised that the Board of Public Works will submit a recommendation to the Common Council who will make the final decision on the matter. Mr. Mullens stated that he has to use his property and if they shut-off his access he might as well not have the property. Attorney William Farabaugh, addressed the Board and stated that he represents the dentists and would like to apologize to the residents that were present for the prior problems with unwanted debris. He stated that the engineer will go out to locate the garage in question which apparently is located on the northeast corner of Lot #4 and that something can be worked out. Mr. Farabaugh stated that these people should not be deprived of ingress and egress to their property and garage. Also, perhaps the utility company could relocate the poll which prohibits a turning radius. Mr. Farabaugh also stated that perhaps the new improved alley would entice individuals to use those alleys as opposed to the unimproved alleys. Mr. Mullen advised Mr. Farabaugh that their alley is a paved alley. Mr. Farabaugh, Mr. Krol and Mr. Henry discussed among themselves the may location of the Krol fence and problems that exist with the vacation of the alleys. Mrs. exist and which Mullens acknowledged that the Krol property has been hit by vehicles in the past. Mr. Farabaugh assured the Board that concerns raised can be addressed. There being no one else present wishing to speak either for or against the proposed alley vacations, and no written objections having been filed with the Board, upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the Public Hearing on this matter was closed.