09/13/82 Board of Public Works Minutes

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REGULAR MEETING SEPTEMBER 13, 1982 between Donald and Fox Streets; and the matter was continued to this meeting of the Board in order to allow the Board members an opportunity to conduct a site visit to view the alley in question. He advised that, as a result of the site visit, the Board requested the Penny Saver Newspaper to grant a permanent easement for ingress and egress over the portion of the alley to be vacated. Mr. Leszczynski sub- mitted a letter from the owners of the newspaper, William and Heike Dobslaw, wherein they advised that their attorney had recommended the easement not be given. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the public hearing was closed. Mr. Kernan stated that, during the site visit, the surrounding property owners in the vicinity of the proposed alley vacation expressed concern about access to their properties. He stated that, even though the Penny Saver Newspaper, at the Board meeting on August 30th, had stated they would not close off to traffic that portion of the alley to be vacated but would use it as a parking lot, the residents were concerned about future ownership of the Penny Saver property and the fact that access might not be obtained from.the parking lot if the use of the property changed. Upon a motion made by Mr. Kernan, seconded by Mr. Leszczynski and carried, an unfavorable recommenda- tion for the vacation of the above public right-of-way was forwarded to the Common Council. Mr. Kernan stated that the unfavorable recommendation was being submitted in view of the unwillingness of the petitioner to provide the requested easement. PUBLIC HEARING AND RECOMMENDATION - VACATION OF ALLEYS BY TOWN TOWER MOTEL CORPORATION Mr. Leszczynski advised that the Town Tower Motel Corporation, in conjunction with its purchase from the city of residual parcels of. land adjacent to the Michigan -Main Connector, was petitioning the Common Council for the vacation of the northerly portion of an alley and the westerly portion of an alley lying between Main Marion, Michigan and Madison Streets. He stated that, as in the past, in order for the Board to submit.a recommendation to the Council, a public hearing had been scheduled at this time and all property owners within 200 feet of the alley had been notified. He further advised that favorable comments in support of the vacation. had been received from the Bureau of Administration and Design in the Engineering Department and the Community Development Department. Mr. Leszczynski noted that the Area Plan Commission staff and the Bureau of Traffic and Lighting recommended the dedication of additional right-of-way at the alley intersection to better facilitate turning movements. Mr. Philip Potts, 611 J.M.S. Building, attorney for Dr. Agatha Wilhelm, owner of Lots 160 and 161 lying immediately south of the east -west alley to be vacated, addressed the Board. He stated that his client was opposed to the vacation of a portion of the east -west alley because it would create irreparable damage to her property in that access thereto from Main Street and from southbound Michigan would be denied especially in view of the present traffic pattern which was one-way north on Michigan at that point. He advised that access to the back of his client's property would be cut off entirely if the westerly portion of the east -west alley was vacated. He stated that Dr. Wilhelm was not overly concerned at present with the vacation of the northerly portion of the north -south alley, but was wondering why the vacations had been proposed. Mr. Mike Dombrowski, owner of a business south of the easterly portion of the alley, expressed concern over access to his property and deliveries of merchandise to his establishment if the northerly and westerly access points were vacated. He added that, during the winter months, the problem is acute because the alleys are blocked with snow, and the vacation of these portions would create the same access problems year-round. He also expressed concern