Sunday, August 1, 2010

Save the Hill

On Tuesday night's program at City Hall is a Public Hearing to "vacate" a pedestrian way between Tappan Street and Bellair Lane.

As I understand it, one neighbor (let's call her #1) wanted the pedestrian way closed, because her dogs yap whenever kids go down "the hill."

Another neighbor (let's call her #2) wrote a long letter to the Director of Public Works about the long-time public good of this passageway.

The City Council scheduled a Public Hearing for Tuesday, August 3, 7:00PM, at City Hall, but DID NOT inform neighbor #2. Why didn't the City post the property with Public Hearing signs?

Because it's not "required" to. And so it didn't.

Should it have posted the property or, at a minimum, sent letters to the adjoining property owners to give them notice of intended action?

YES!

Check this out on Facebook: http://www.facebook.com/pages/SAVE-THE-HILL-TappanBelairPeach-Tree-Woodstock-IL/114444421939951

For this reason alone, the Public Hearing should fail on Tuesday night and the City Council should take no action to vacate this property. Or, if they take action, they should vote against vacating the pedestrian way.

Did each Council member receive a copy of the letter from neighbor #2 and actually read it?

How did the Public Hearing get called? Which member(s) of the Council requested that a Public Hearing be scheduled?

The City recently abandoned consideration of renaming Lake Street, because of the cost and the fact that it was a low-priority issue. This "vacation" of property by the City deserves the same end. I can't help wondering how much it cost to get it this far.

3 comments:

tiredofthenonsense said...

Have you checked to see if there are in fact utility easements through there, oh magnetic one? If so the second worst thing the homeowners could do would be to move their fences.

Gus said...

No, I haven't checked, and I don't intend to. The adjoining property owners know about any easement.

There is a manhole cover right in the middle of the "pedestrian way", so I'd guess that is a pretty good indication of an easement.

Gus said...

A reader submitted this comment directly to me:

"Not sure but back when I took real estate classes we studied easements. IL law was that if owner did not exercise control for 7 or 10 years an easement was created. (I knew of a property that was) fenced off every Easter to show control."

Any RE attorneys care to weigh in on this one?