11/09/1981 Board of Public Works Minutes

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121 REGULAR MEETING NOVEMBER 9:, 1981 preference is to vacate areas that are not being used as public rights -of -way; however, his concern was also for the balance of any properties which might be landlocked as a result of the vacation. He stated that the Board cannot determine future uses of property. He stated that, if the Board could resolve the problem of access to all property owners, he would support and give a favorable recommendation for the vacation. Mr. Drendall stated that, when Cole Associates owned the property, a fence had been constructed at the eastern end which showed their intent to block off the right-of-way. Mr. Drendall wondered if the Council would be able to consider the petition at its meeting this date, and if the Board would give a favorable recommendation should Holy Cross Health Systems be agreeable to join in the petition for vacation. Mr. Hill explained to Mr. Drendall that the Board and Council were now operating under a new procedure for the vacation of public rights -of -way as authorized by statutes, and he was not sure how the matter would proceed at this point. He agreed, however, that, if the Board of Works provided a favorable recommendation to the Council, subject to Holy Cross Health Systems joining in the �- petition to vacate, the Council would be in a better position to act on the petition at its meeting tonight. Mr. John.Voorde, Councilman at Large, felt Mr. Hill's rationale made sense. He stated that he, too, appreciated Mr. Drendall`s position; however, < he felt Holy Cross Health Systems should also join in the petition since it would be affected by the vacation if approved. Mr. Hill concluded that the Board was desirous of vacating Sunnymede as petitioned; however, without the consent of all affected property owners, a favorable recommendation could not be given. Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the public hearing was closed. Upon a motion made by Mr. Hill, seconded by Mr. Kernan and carried, a favorable recommendation for the vacation of Sunnymede from 35th Street east 114 feet subject to any and all utility easements was forwarded to.the Common Council, based upon Holy Cross Health Systems' agreement to the proposed vacation. PROPOSED FUTURE HOUSE MOVE (702 RUSH STREET TO 613 CLINTON STREET) Although a proposed house move of a structure at 702 Rush Street to 613 Clinton was not scheduled before the Board at this time, several residents in the area were present inquiring about the move and the route to be taken. Mrs. Anna Fuchs, 770 Beebe Street, Niles, owner of the property in the immediate vicinity of the move, explained that she had received notice from the Building Commissioner that a public hearing would be held by the Board at this time to consider the move. Mr..Hill apologized for any inconvenience caused to the residents in appearing at the meeting, but he explained that the public hearing had not been scheduled because the property on which the house was to be moved was not yet owned by the individual.requesting the house move. He stated that the Board would be happy to hear their comments at this time so they would not have to attend a subsequent Board meeting.. Mrs. Fuchs stated that she had no objection to the house move. and the cutting of any trees which were necessary to accomplish the move; however, she felt that any damage caused to sidewalks and curbs should be corrected not at the expense of the surround- ing property owners. Mrs. Emily Karczewski, 106 Marquette, expressed concern about potential damage to the brick streets along the route and the sewers underneath.. Mr. Leszczynski explained that the house mover is required to post a bond sufficient to pay for any damage caused as a result of the move. He did not feel there would be any damage to existing sewer systems beneath the streets. The proposed route for the move was presented to Mrs. Karczewski and Mrs. Fuchs for their information. They both stated that they had no objection to