08/26/02 Board of Public Works Minutes

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3223 REGULAR MEETING AUGUST 26, 2002 PETITION TO VACATE THE ALLEY - SECOND NORTH/SOUTH ALLEY EAST OF EDDY STREET Mr. Gilot indicated that the Common Council has submitted to the Board a Vacation Petition as completed by Ms. Evelyn Mitchell, 1143 Corby Boulevard, South Bend, Indiana, to vacate the following alley: The second north/south alley east of Eddy Street, from Corby Boulevard to the first east/west alley for a distance of 165 feet and a width of 12 feet. This vacation includes the 7.15 foot corner taken off of lot 1 for a turn radius. Being a part of Sarah L. Kirby's Subdivision of Lot 6, Listenburg's Addition to the City of South Bend, St. Joseph County, Indiana. Mr. Gilot advised that the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Area Plan Commission, Police Department, Fire Department, Sanitation, Department of Economic Development and the Department of Public Works. The Area Plan Commission advised the staff reviewed this possible petition and believes that vacation of this alley could require the acquisition of additional turning radii for the newly created stubbed alley to the north. Also, this vacation could require the creation of a cross -access and/or utility easement. The Clerk of the Board will notify the homeowner of the above referred to comments. PETITION TO VACATE THE ALLEY -FIRST EAST/WEST ALLEY SOUTH OF BROADWAY STREET Mr. Gilot indicated that the Common Council has submitted to the Board a Vacation Petition as completed by Mr. Mike Teske, 1402 South Michigan Street, South Bend, Indiana, to vacate the following alley: The alley to be vacated is the first East/West alley South of Broadway Street, from Michigan Street to the first North/South alley for a distance of 150 feet and a width of 14 feet. Being a part of Haney's Addition to the City of South Bend, St. Joseph county, Indiana. Mr. Gilot advised that the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Area Plan Commission, Police Department, Sanitation Department, Department of Economic Development and the Department of Public Works. An unfavorable recommendation was received by the Fire Department, stating this would block access of fire trucks to the rear of the building. The Area Plan Commission stated the staff has reviewed this possible petition and believes that vacation of this alley could require cross -access and utility easements. Also, additional turning radii could be required for the turn between two remaining alleys on the block. The Clerk of the Board will notify the homeowner of the above referred to comments. PETITION TO VACATE THE ALLEY - FIRST NORTH/SOUTH ALLEY WEST OF MAIN STREET Mr. Gilot indicated that the Common Council has submitted to the Board a Vacation Petition as completed by Mr. Kim P. Do, 208 West Colfax, South Bend, Indiana, to vacate the following alley: The alley to be vacated is the first North/South alley West of Main Street, from Colfax Avenue to the end for a distance of 132 feet and a width of 10 feet. Being a part of The Original Plat of South Bend, City of South Bend, St. Joseph County, Indiana. Mr. Gilot advised that the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Area Plan Commission, Police Department, Sanitation, and the Department of Public Works. An unfavorable recommendation was received by the Fire Department, stating the vacation of this alley would deny access to the rear of several buildings. The Department of Economic Development recommended this alley vacation be denied as the alley is required to provide access to adjacent properties and it would be critical to their future redevelopment. The Area Plan Commission believes that vacation of this alley could lead to significant hardships for the properties having tax -key numbers 18-1008-0315 and 18-100-0316. Both of these properties have a need to access the rear of their property from this alley. If the alley were vacated a cross -access easement would definitely be needed. Also, it appears as if trash -pick up would be forced to the front of all adjacent properties. These properties may not be designed for such service, and this practice should discouraged in the downtown area. Also, the creation of a