09/30/86 Board of Public Works Minutes

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REGULAR MEETING SEPTEMBER 30, 1986 Ms. Barnard inquired of Mr. Don Jankowski, Portage Realty Corporation, 129 Dixie Way South, South Bend, Indiana, what the timetable was for the completion of Georgian Drive. Mr. Jankowski said the timetable was based on market conditions on how many lots sell and how many remain unsold and at the present time there are approximately fifteen (15) lots that have to be sold first. Mr. Jankowski advised that Portage Realty does not have a specific timetable for the completion of Georgian Drive. Ms. Barnard replied that she must have misunderstood Mr. Peddycord's comments regarding the completion of this street. Mr. Peddycord advised that Mr. Jankowski indicated to him that the lots were selling well. In response to Mr. Vance's question regarding what would result if the Board decided not to recommend favorably that Chalet Court be vacated, Mr. Peddycord stated that construction of the church would not stop as there are no statutory prohibitions. He further advised that the church is not going to be built on Lot Nos. 84 and 91, the project will be completed and the way the eighty (80) foot street would be used remains to be seen. He further advised that the church will have to resolve setback and parking lot requirements. He reiterated that this is not a zoning case but a vacation case and there are no statutory grounds for denial. He also stated that the church does not want parking to take place on the adjacent street. Ms. Barnard agreed that zoning is not an issue. She stated, however, that her concerns are safety, traffic use and access to the area. In regards to the potential problem with juveniles utilizing the parking lot at night, Ms. Barnard stated that the Police could be advised of the potential problem and it would be the church's responsibility for making sure a nuisance does not exist. She further reiterated her concern about the increased traffic going through the residential neighborhood by means of only one (1) access. Mr. Peddycord stated that there will be increased traffic in the area but there would also be increased traffic if eight (8) to ten (10) lots were sold to individuals. He stated that case law does not permit additional traffic to be a basis for denial of use of the property. Mr. Vance advised that he is concerned about Georgian Drive not being completed and the increased traffic. He stated that he hopes the church can work with the residents of the area as it appears that the church is going to become a permanent resident. He indicated that perhaps a gate could be utilized to deter unauthorized use of the parking lot and that a timetable for completion of the additional access could be developed. Therefore, Mr. Vance made a motion that a favorable recommendation be forwarded to the Common Council regarding this vacation subject to any and all utility easements. Ms. Barnard seconded the motion and it carried. Mr. Leszczynski advised that favorable comments have been received from the Engineering Department, Area Plan Commission and the Community Development Department concerning this proposed vacation. In seconding the motion, Ms. Barnard stated that it is up to the church to meet with the residents of the area to resolve any concerns and complaints. Mr. Peddycord stated that he will arrange a meeting with representatives from the church and Portage Realty to resolve concerns and develop an estimated timetable for the completion of Georgian Drive.