2004-28 VACATING AN ALLEY - 1200 BLOCK OF EAST ELDORADO AND EAST NORTH STREETS

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Mr. John questioned why the City couldn't pave the alley at the owner's expense rather then vacating the property. Ms. Miller stated that it did not seem fair to ask the owners to pay for the cost of this when the property was owned by the City. Ms. Miller also stated that there was a corridor study done in the area of the Route 36 Corridor and the study suggested larger setback on Eldorado Street encouraging the alley vacation. Ms. Stickle also stated if the owner would pay to pave the alley and the City would continue running plows and tractors over the alley, it would eventually damage the surface and did not feel the City should expect the owner to continue seasonal maintenance on the alley. Mr. John stated he did not see why this would be a problem and that we might only get into problems when redevelopment of this area would start. Ms. Morthland stated that the City does not want to allow private property owners to pave when it is City property. Ms. Miller also stated that the grade of the alley does not meet the needs of the equipment that Mr. Gahwiler will be using. Mr. James Gahwiler,petitioner was sworn in by Ms. Jesse. Mr. Gahwiler stated that his industrial supply business also has equipment and supplies stored in an additional building across the alley. Mr. Gahwiler stated that fork trucks and delivery trucks have to access the alley for purposes of loading and unloading in the two different buildings. Mr. Gahwiler has purchased the Tobacco Shack property on East Eldorado to use as possibly employee parking or in the future storage. He stated the alley is deteriorating and they do need the proper grade for the fork truck to maneuver safely according to OSHA standards. Mr. Gahwiler stated he did not ask the City to pave the area and wanted to purchase the alley so he can make the needed repairs. Ms. Sadorus asked if the OSHA standard would be the same for the City. Ms. Morthland stated it would not. Mr. Nordholm thanked Mr. Gahwiler and stated he now has a better understanding of the situation but questioned why the easement was needed. Ms. Miller stated it was because ; of the sewer line. Mr. Nordholm questioned whether Mr. Gahwiler would possibly use the Tobacco Shop for a store front and would then gate the area off. Mr. Gahwiler stated he would not be doing any of that in the near future. Mr. Gahwiler stated that there is a gas line as well as the sewer running through this area and in order for him to make those changes it would be extremely expensive. Mr. Gahwiler feels the only value of having the Tobacco Shop property will be for future employee parking or storage.