07-13-92 Zoning & Vacation - Laserfiche WebLink

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} T Zoning and Vacation Committee July 13, 1992 Page 2 The next item on the agenda was to review Bill No. 43-92 which is a proposed alley vacation in the fifth district. Council Member Slavinskas stepped down as Chairperson of the Committee meeting for this particular Bill. He showed a diagram of the area in question and also presented a video which he made of the area in question. He noted that the Council has a choice of whether to vacate, whether to deny the vacation, or whether to strike a negotiated settlement of the issue. He noted that he had discussions with the City Engineer and that the alley in question is considered a "paper alley", is known not to be used, and has not been maintained by the City. The Petitioners, Mr. &Mrs. Dobbins, stated that the alley in question has not been used in over 25 years. One portion of the alley has been grassed in and that they believe that the vacation is necessary to prevent crime and to enhance safety in the area. Mr. Richard Chapman spoke in favor of the Petition. It was noted that this matter went before the Board of Public Works at its meeting of July 6, 1992, and that it received a favorable recommendation at that time. Mr. Richard Cook, an attorney for Mr. & Mrs. Klockow spoke in opposition to the proposed vacation. He stated that she believes in his opinion that the video is deceptive and that he request that the petition be denyed. Mr. Klockow spoke in opposition citing that the vacation would hinder the placement of his firewood. Mrs. Klockow also spoke in opposition citing the inconvenience it would place on the elderly residents of the area with regard to trash pickup. In response to a question raised by Council Member Zakrzewski, Council Member Slavinskas stated that he would like to have the property left "the way it is". It was also noted that the possibility has been discussed with the City Engineer of vacating the property and then having the property dated back to the City. At this point Mr. Cook requested that an affidavit in support of objection to the vacation be entered into the record(copy attached). Council Member Slavinskas also noted that he had spoken to Mary J. Slovoda after July 9, 1992, and that she requested that the property be left as it is and maintain its status quo. Council Member Coleman stated that he believes that this is a neighborhood dispute and that he is disappointed that the City Council is placed in a situation like it is a small claims court. He stated that he believes that it is a problem of three neighborhoods. Council President Luecke also voiced frustration over the situation. He did state however that he believes that the property in question should be either vacated or not vacated in that no one should lose access to their property. Council Member Duda stated that the neighborhood is divided, and that the majority of the neighborhoods must agree on a position before she could vote for the Bill. Council Member Ladewski stated that is matter cannot allow to remain in "mid air" and that he is concerned about illegal encroachments by the affected property owners. It was also noted by Council Member Slavinskas that the alley is not being used for trash pickup on a regular basis.