12/01/87 Board of Public Works Minutes

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REGULAR MEETING DECEMBER 1, 1987 TRANS TECH ELECTRIC, INC. P.O. Box 3915 South Bend, Indiana Quotation was submitted by Robert J. Urbanski, President. QUOTATION: $3,390.00 CAL -PRO FENCE COMPANY, INC. 1700 West Ford Street South Bend, Indiana Quotation was submitted by Philip E. Hesch. QUOTATION: $3,075.52 Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the above Quotations were referred to the Engineering Department for review and recommendation. PUBLIC HEARING AND FAVORABLE RECOMMENDATION - STREET VACATION: GARST ST. RUNNING W. FROM THE WESTERLY RIGHT-OF-WAY OF PRAIRIE AVE. TO 1ST N/S ALLEY FOR A DISTANCE OF 143.54 FEET Mr. Leszczynski advised that this was the date set for the Board's Public Hearing on a proposed vacation described as follows: Garst Street running west from the westerly right- of-way of Prairie Avenue to the 1st north/south alley for a distance of 143.54' more or less. All being part of South Bend City Add. within 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. Don Golichowski, Secretary/Treasurer, Sheet Metal Workers Joint Training Trust Fund, 1015 Prairie Avenue, South Bend, Indiana, owners of Lot #31. It was further noted that pursuant to South Bend Municipal Code Section 18-53.8, all abutting property owners as well as property owners within three hundred (300) feet of the street to be vacated were notified of the Board's Public Hearing date. Attorney Jeff Kehl, Hahn, Walz & Knepp, 509 West Washington, South Bend, Indiana, was present on behalf of affected property owner, Ms. Doris E. Lake, 1805 E. Farnsworth, South Bend, Indiana. Mr. Kehl advised that initially his client was opposed to the vacation but as they have negotiated with the Petitioner for an easement across the back of the street for access for trucks, they have no objections at this time. Attorney Timothy Hartzer, Parker and Jaicomo, 205 West Jefferson Boulevard, South Bend, Indiana, was present on behalf of affected property owners Charles and Carolyn Pomeroy III, 1117 Donmoyer Avenue, South Bend, Indiana. Mr. Hartzer stated that Mr. & Mrs. Pomeroy own three (3) lots to the north to Kerr Street and they are opposed to this vacation as Garst Street as it now exists, provides the only potential access from the south. Also, in addition to owning the three (3) lots as indicated previously, the Pomeroy's own the alley which runs north to south from Kerr Street to Garst. The alley was part of the purchase of the three (3) lots. Mr. Hartzer stated that the Pomeroy's are concerned about what will happen in the future should the street be closed and they would therefore like to see Garst Street remain open. Mr. Hartzer made mention of a vacant building on the lot immediately to the north of Garst Street that will also be affected by the vacation. In conclusion, Mr. Hartzer stated that the Pomeroy's would prefer that Garst Street remain a legal street and not be vacated.