09/27/82 Board of Public Works Minutes

Home Browse Search

420 REGULAR MEETING SEPTEMBER 27, 1982 The regular meeting of the Board of Public Works was convened at 9:30 a.m., on Monday, September 27, 1982, by President John E. Leszczynski, with Mr. Leszczynski and Mr. Joseph E. Kernan present. Also present was Assistant City Attorney Carolyn Pfotenhauer. AGENDA ITEMS ADDED Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, a recommendation to award the bid for the Dubail Street Bridge Rail Improvements Project and a Community Development Contract for a Mortage Subsidy Program were added to the agenda. MINUTES OF PREVIOUS MEETING APPROVED Upon a motion made by Mr. Kernan, seconded by Mr. Leszczynski and carried, the minutes of the September 20, 1982, regular meeting and the September 23, 1982, special meeting of the Board were approved as submitted. PUBLIC HEARING AND RECOMMENDATION - VACATION OF ALLEYS BY TOWN TOWER MOTEL CORPORATION Mr. Leszczynski stated that the Board had held a public hearing on September 13, 1982, concerning the petition of the Town Tower Motel Corporation to vacate portions of two alleys bounded by the Michigan -Main Connector. At that time, the Board had recommended the vacations favorably to the Council subject to the granting of a permanent easement for access to the back of the properties fronting on Michigan Street. He advised that the Council had referred the matter back to the Board for another public hearing because there had been some confusion on the matter of the easement. 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, appeared before the Board on behalf of his client. He stated that his objections to the vacation had not changed since the Board's previous hearing on Septemger 13, 1982, and felt that vacation of a portion of the east -west alley would cause irreparable damage to his client's property and business and more importantly could pose problems of inadequate access for emergency vehicles. lie did not understand why the matter had come back to the Board for another public hearing. Mr. Leszczynski explained that a revised site plan had been submitted in connection with the rezoning of the property which provided for easement rights south of the westerly portion of the east -west alley proposed to be vacated. Mr. Potts wondered if Dr. Wilhelm could indicate to her clients by the posting of a sign that access to her property on Michigan Street would be obtained from Main Street utilizing the easement to be given by the Town Tower Motel Corporation. He also asked about the future use of the Town Tower property and potential future owners. Mr. Leszczynski explained that the permanent easement which the Board would require Town Tower to provide to Dr. Wilhelm, owner of Lots 160 and 161 would be tied to the property and would remain in existence even if the use of the property and property owner changed. It was noted that the 22-foot wide easement which would extend from Main Street east to the north -south alley would be located approximately 25 feet south of the westerly portion of the alley to be vacated. Mr. Leszczynski explained to Mr. Potts and Dr. Wilhelm that, without the additional parking spaces which were required by ordinance which would be obtained from the vacation of the above rights - of -way, development of the Town Tower could not proceed. Mr. Potts asked if the vacation ordinance would show the perpetual easement, and Mr. Leszczynski stated that the vacation of the alley would be subject to the easement being granted and would become a part of the vacation ordinance. He also explained that the city would require additional right-of-way to be dedicated at