08/01/88 Board of Public Works Minutes

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REGULAR_ MEETING. AUGUST'l, 1988. The regular meeting of the Board of Public Works was convened at 9:31 a.m. on Monday, August 1, 1988, by Board President John E. Leszczynski, with Mr. Leszczynski, Mrs. Patricia E. DeClercq and Ms. Katherine Humphreys present. Also present was Assistant City Attorney Marva J. Leonard -Dent. APPROVE MINUTES OF PREVIOUS MEETINGS Upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the minutes of the regular meeting of the Board held on July 25, 1988 and the minutes of the Special Meeting of the Board held on July 26, 1988 were approved. PUBLIC HEARING AND FAVORABLE RECOMMENDATION - ALLEY VACATION: 1ST E/W ALLEY S. OF L.W.W. RUNNING EAST FROM RYER ST. TO 1ST INTERSECTING N/S ALLEY FOR A DISTANCE OF 120 FEET Mr. Leszczynski advised that this was the date set for the Board's Public Hearing on a proposed alley vacation described as follows: The 1st east/west alley south of Lincolnway West running east from Ryer Street to the lst intersecting north/south alley for a distance of 120 feet, all being in Alwards addition and Brentwood Estates 4th addition to the City of South Bend, IN 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 submitted by Mr. Julius H. DeLanghe, 1240 Ryer Street, South Bend, Indiana as the Contact Person on behalf of Mr. Alfred Brandt, 3318 Lincolnway West, Mr. Raman Patez, 3300 Lincolnway West and Mr. Robert Wozniak, 1233 North Iowa Street, South Bend, Indiana. It was further noted that pursuant to South Bend Municipal Code Section 18-53.8, owners of property within fifty (50) feet of the alley to be vacated were notified of the Board's Public Hearing date. Mrs. Mardelle DeLanghe, 1240 Ryer Street, South Bend, Indiana, was present and advised the Board that she and her husband have been maintaining the area for years and that the alley is not used. She further stated that there is a north/south alley that is open and used. Also, they have had problems with vandalism in the past. Therefore, for that reason and the fact that the alley is not being used by anyone, it was felt that a better use of the alley would be to have it vacated. There being no one else present wishing to speak either for or against the proposed alley vacation, and no written objections having been filed with the Board, upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the Public Hearing on this matter was closed. Mr. Leszczynski advised that the Board has received responses from various departments regarding this proposed vacation and that the Engineering Department and the Department of Economic Development recommend approval. The Area Plan Commission, however, has stated that they have some concerns with the vacation of the alley and continued access to the garage located on Lot #183. As it was noted that Mr. & Mrs. DeLanghe are the property owners of Lot #183, Mr. Leszczynski advised Mrs. DeLanghe that should the alley be vacated, only one-half (1/2) of the alley would go to them and inquired of her if that would be adequate access to their garage. Mrs. DeLanghe indicated that she understood and inquired if it would be possible for them to buy the other one-half (1/2) of the alley if it were vacated. She was informed that they could purchase the other one-half (1/2) of the alley if the other abutting property owner agrees to sell it to them.