12/15/87 Board of Public Works Minutes

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REGULAR MEETING DECEMBER 15, 1987 367 Mrs. Faye W. Scherer, 1023 S. 31st Street, South Bend, Indiana, addressed the Board and stated that she had not thought this matter through before signing the Vacation Petition and now believes that the vacation should not be done. She therefore asked that her name be withdrawn from the Petition. Mark and Beverly Banfy, 1101 S. 31st Street, South Bend, Indiana, the remaining Petitioners, were also present at the Public Hearing today and stated that they too would also like their names withdrawn from the vacation petition. Mr. Banfy stated that it was his understanding that utility companies needed access to their poles and since the west one-half of the alley is closed, a six foot (6') fifty-four inch (54") wide turnaround was needed. He asked why they couldn't use the north/south alley. Mr. Leszczynski advised Mr. Banfy that the City cannot control who uses public right-of-way and further confirmed that the other side of the alley was vacated subject to the dedication of right-of-way as a condition of the vacation in order that vehicles would be able to make the turn. Mrs. Joan Weller advised the Board that the north/south alley is in terrible condition and wondered what the possibility was of getting the condition of the alley improved. Mr. Leszczynski advised that the complaint will be turned in. Mr. Walter Hill advised that he utilizes his two (2) car garage which is also on that alley. Mr. Banfy indicated that he was told that the whole alley had to be vacated. Mr. Leszczynski clarified that the Petitioner who requested that the other one-half of the alley be closed was informed that a condition of the vacation was that he must provide a turn -around. In response to a question from Mr. Weller regarding who will pay taxes on the alley once it is vacated, Mr. Leszczynski advised that the property reverts to the property owners on each side and they will pay the additional tax on the property. At this point, Mr. Leszczynski advised Ms. Scherer and Mr. and Mrs. Banfy that they should advise the Common Council that they desire to withdraw their Vacation Petition at this time. Mr. Hill further advised the Board that there are two (2) posts on the west side in the alley near the Hawn's. Mr. Leszczynski speculated that the posts are probably there because motorists have been driving on their property. After a brief discussion between Mrs. Banfy and Mr. Hill regarding the condition of the alley and why one-half was in better condition than the other, and Mr. Leszczynski's explanation that the City does try to give all alleys equal treatment, Mr. Leszczynski made a motion that the Public Hearing regarding this matter be closed. Mr. Vance seconded the motion and it carried. Mrs. DeClercq made a further motion that the Clerk be instructed to notify the Common Council that the Petitioners have advised that they desire to withdraw their Vacation Petition at this time. Mr. Leszczynski seconded the motion and it carried. AND THREE (3) POLICE SUBSTATIONS This was the date set for receiving for the above referred to services. publication of Notice in the South Tri-County News which were found to DEPARTMENT and opening of sealed bids The Clerk tendered proofs of Bend Tribune and the be sufficient.