12/20/82 Board of Public Works Minutes

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75 REGULAR MEETING DECEMBER 20, 1982 PUBLIC HEARING -APPROVE ALLEY VACATIONS (OLIVE/SAMPLE OVERPASS,AREA) Mr. Leszczynski advised that the St. Joseph County Board of Commissioners was petitioning for the vacation of 12 alleys in the Olive/Sample Overpass area. He stated that, as in the past, in order for the Board to submit a recommendation to the Common Council, a public hearing had been scheduled at this time and all property owners within 200 feet of the alleys proposed to be vacated had been duly notified. He further advised that favorable comments in support of the vacation had been received from the Engineering Department, Area Plan Commission and Community Development Department. Mrs. Philip Berndt, 2413 Dunham Street, owner of Lot 549 and affected by the vacation of the alley being numbered 9 on a map of the area, objected to its vacation. She stated that the alley has been physically closed for six months already.and the turn needed to provide her access to her property was difficult enough without vacating a portion of the alley. She felt that, with the closing of that portion of the alley, she would be denied easy access to a main thoroughfare. Mrs. Evelyn Meller, owner of Lot 1, located at 2414 W. Dunham Street, across the street from Mrs. Berndt's property, was in favor of vacating the alley. Mr. Thad Juszczak, Jr., 18360 Greenleaf Drive, advised that he was the owner of Lot 571 which fronted on Fisher Street, objected to the closing of the alley being numbered 6. He wondered why the vacation was being requested after the fact. He stated that the state was to have purchased the southeast corner of his lot but did not and then moved the street to the east. He felt that, with the street directly in front of his lot, the lot was unbuildable and worthless to him. He advised that he had originally purchased the lot for speculative purposes and he wondered if the city would be willing to purchase the lot from him. Mr. Leszczynski advised that the Board of Public Works would address onlv the actual alley vacations and, if Mr. Juszczak wished to sell his property, he would need to contact the County Commissioners concerning the acquisition. Mr. Robert Richardson, St. Joseph County Engineer, advised that the county did not need to vacate the alleys in question at this time, but it was felt the additional land which the abutting property owners would acquire as a result of the vacations would be to their advantage at this time. Mr. Leszczynski explained that one-half of each of the alleys in question would become the property of the abutting property owners on either side. Mr. Richardson explained that, regarding the vacation of the alleys numbered 1 and 2, a high tension line existed across Sample and, in order to eliminate expensive costs concerning the relocation of the line, the street was shifted south of the alley which would eliminate the need for those particular alleys. Likewise, the right-of-way designated.as 1 and 2 between Bendix and Klley Street, was no longer needed because the street would parallel those alleys. Mr. Richardson advised that a ramp would be coming through surrounding lots being affected by alleys numbered 2, 3, 4 and 5. In the case of the alleys numbered 6, 1 and 8, a ramp was proposed to be very near the vacated rights -of -way and access was available at the point of juncture where the north -south and east -west alleys intersect. Mr. Richardson stated that, in regards to alley 9 and Mrs. Berndt's complaint, the turn would be difficult because there was no opening onto the ramp at that location. He advised that the county owned all the property up to the east side of these alleys. He stated that, if access would be a problem for Mrs. Berndt, the county would not necessarily need to vacate that alley. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the public hearing .was closed. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, a favorable