02/04/91 Board of Public Works Minutes

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W46 REGULAR MEETING FEBRUARY 4, 1991 The regular meeting of the Board of Public Works was convened at 9:32 a.m. on Monday, February 4, 1991, by Board President John E. Leszczynski, with Mr. Leszczynski, Mrs. Patricia E. DeClercq and Ms. Katherine Humphreys present. Also present was Chief Assistant City Attorney Jenny Pitts Manier. AGENDA ITEM ADDED Upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the following matter was added to the agenda: 1. Award Bid - Up to twenty-five (25) new vehicles for the 1991 Police Vehicle Fleet APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the minutes of the regular meeting of the Board held on January 28, 1991, were approved. FARING AND UNFAVORABLE 1ST NIS ALLEY WEST OF LELAND AVENUE LOCA R-O-W LINE OF ASHLAND AVENUE Mr. Leszczynski advised that this was Board's Public Hearing on a proposed follows: ON - ALLEY VACATION: BETWEEN THE SOUTH the date set for the alley vacation described as The first north -south alley west of Leland Avenue, located between the South right-of-way line of Ashland Avenue for a distance of approximately 18C linear feet. A north portion of the alley is situated in the east half quarter of Section 2, Township 37 North, Range 2 East. A south portion of the alley is situated in the east half of the southeast quarter of Section 2, Township 37 North Range 2 East. The entire alley is situated in Shetterly Place, Second Addition, in the City of South Bend, St. Joseph County, Indiana. It was noted that this Public Hearing is being held in order for the Board to submit a recommendation to the Common Council concerning the Vacation Petition filed by Mr. Shawn Allan, 814 Ashland Avenue, South Bend, Indiana. It was further noted that pursuant to South Bend Municipal Code Section 18-53.8, owners whose property abut the proposed alley to be vacated as well as property owners within one hundred fifty (150) feet of the alley to be vacated were notified of the Board's Public Hearing date. Mrs. Joyce Kaniewski, 820 Ashland Avenue, South Bend, Indiana, was present and advised the Board that she is the next door neighbor to the Petitioner, Mr. Shawn Allan, and she would like to voice her protest to the proposed vacation of the alley. Mrs. Kaniewski stated that the alley in question has been used for many many years by residents along the alley as a means of deliveries and access to garages. She noted that she has lived at her address since 1952 and she and her husband, who is now deceased, have kept the alley neat for access to traffic but as the years went on property owners let bushes and shrubs grow into the alley. Mrs. Kaniewski advised the Board that the original owner of the property at 814 Ashland Avenue, Mr. Charles Geoffrion, from whom Mr. Allan is purchasing the property under land contract, built a curb along eighty feet (801) into the alley. At that time she requested that the City come out and look at the curb and determine if it encroaches into the alley. It was determined by the City that the curb did encroach and Mr. Geoffrion was asked to remove the curb but the curb was never removed. She stated that because of its placement it was more 1 1