08/04/87 Board of Public Works Minutes

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REGULAR MEETING AUGUST 4, 1987 intersection. He also noted that Scott Street is closed to vehicular traffic due not only to the barricade but due to the fact that the City did install curb in front of the barricade. Mr. Dobson stated that his business is a self serve gas station with access to Scott Street. He is trying to reduce traffic but will not completely block access for residents in the neighborhood who are either walking or riding a bicycle. He stated that they need to make it look like it is very difficult to use that property as an access for vehicular traffic but they want it for their customers and the general public. Ms. Anne Mannix, Director, Neighborhood Housing Services, addressed the Board and indicated that she agreed with Mr. Dobson that the current situation is not good for the neighborhood and indicated that it would be a good idea to cut off access to Scott Street from this location. To clarify a question from Mr. Rohleder, Mr. Leszczynski indicated that should Scott Street be vacated it would be closed the entire width of the street. Mr. Fabricio Guzman, President, Near Northwest Neighborhood Association, 747 North Cushing Street, South Bend, Indiana, advised the Board that he was present to support the Petition to vacate this very dangerous spot. Mr. Dobson clarified for everyone that there are three (3) properties that abut the portion of Scott Street to be vacated. As Petitioner, he is one (1) of the abutting property owners. In response to Mr. Moody's further concern that the area will be obstructed and he will not be able to utilize it to walk or ride his bicycle, Mr. Jim Paulson, representing his father, Mr. William Paulson, who owns the property, indicated that they will not restrict pedestrian access to Scott Street and the neighborhood. The closing would limit access to vehicles and would cut down on congestion. He stated that their intent is not to limit access to bikes and pedestrians. Mr. Moody indicated that he understands that he will continue to have access at the present time but what about in the future. Mr. Paulson indicated that if Scott Street is vacated he would have the right to erect a fence. At the present time that is not his intention and the area will continue to be available to neighborhood pedestrians and residents. As a point of clarification for Mr. Moody who indicated that the Petition to Vacate must be joined by all abutting property owners, Board Attorney Thomas Bodnar cited Municipal Code Section 18-53.8(a) which indicates that any person interested in vacating all or part of a City street or alley or any other public place within the City shall file a Petition for vacation and proposed ordinance approving said petition with the office of the City Clerk. Mr. Paulson indicated that when and if this vacation is approved the additional property will accrue taxes as the property currently utilized as a public right-of-way does not generate taxes. Mr. Leszczynski clarified that abutting property owners would each receive one half (1/2) of the street to be vacated. Ms. Shirley Dawson, 623 West Marion Street, South Bend, Indiana, indicated that she believes that fencing the property would solve the problems being experienced.