08/05/86 Board of Public Works Minutes

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.4� REGULAR MEETING AUGUST 5, 1986 Mrs. Tony Pocius, 312 South Taylor Street, South Bend, Indiana, wife of K.C. Pocius and daughter of Mr. Gerry Upton, property owner of 316 South Taylor Street, South Bend, Indiana, advised the Board that in the past access to the her backyard via the alley was essential for repair services. Should the alley be vacated, access to her backyard would not be possible. Further, by closing the alley, trash pick-up would have to take place in front of the properties. Mrs. Pocius additionally advised the Board that Gates Chevrolet currently utilizes guard dogs to protect their property that bark quite alot and create a temptation to the children of the area. Mr. Bill Gates, representing Van E. Gates, 401 South Lafayette Street, South Bend, Indiana, stated that as a result of the construction of a baseball stadium, the City has acquired 90,000 square feet, by way of acquisition of four (4) parcels of property previously utilized by Gates for storage and parking. In an attempt to recoup five hundred (500) parking spaces for employees and customers, this alley vacation is being proposed. He stated that Gates has recently purchased a lot on William Street for the storage of vans. He stated that the problem of access to the garages at 312 and 316 Taylor Street could be worked out so that access would still be possible. In response to Ms. Barnard's question regarding whether or not the fence would be moved by Gates, Mr. Gates stated that it would be their intention to move the fence should the alley be vacated. Mr. Pocius stated that what would be good security for Gates would be obscured sight for the property owners. Mrs. Pocius stated that she has already observed a hole in the Gates fence. She further stated that as she has a small child and utilizes a stroller, and therefore prefers use of the cement alley behind her home as opposed to the unimproved E/W dirt alley. In response to Ms. Barnard's inquiry of whether or not Gates purchased the property on the other side of the alley, Mr. Gates acknowledged that Gates has purchased that property. Ms. Barnard stated that that property is properly zoned "D" There being no one else present wishing to speak either for or against this proposed alley vacation, upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the Public Hearing on this matter was closed. Mr. Leszczynski advised that it is the recommendation of the Engineering Department that additional right-of-way on the east/west alley and the north/south alley for a safe turn movement and trash pick-up be dedicated. Mr. Gates advised that they are in the process of negotiating the purchase of some land in the southeast quadrant in order to dedicate sufficient right-of-way and was hopeful that something could be worked out. Therefore, he had no objections to the suggestion that property be dedicated. Mr. Leszczynski further advised that the Department of Economic Development has no objection to the vacation with the only negative comments received from the Engineering Department who recommended dedication of additional right-of-way and from the Area Plan Commission. Ms. Barnard stated that it appears that the trash pick-up problem can be resolved. As a point of clarification, Mr. Vance observed that the south end of the leg of the alley is proposed to be vacated short of access to the garages.