08/26/86 Board of Public Works Minutes

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REGULAR MEETING AUGUST 26, 1986 It was further noted that submitted with the Petition was a Ratification of Vacation Petition signed by the following individuals: 1. Mary R. Dainelli 604 South Bend Avenue 2. Renelda Robinson 610 South Bend Avenue 3. Marguerite Sappington 518 North Hill Street 4. Victor Karczewski 317 West Marion Street Additionally, pursuant to South Bend Municipal Code Section 18-53.8, owners whose property abut the proposed alleys and rights -of -way to be vacated were notified of the Board's Public Hearing date. Mr. John B. Ford, Attorney for the Petitioner, was present and addressed the Board. Mr. Ford stated that approximately three (3) years ago, St. Joseph Medical Center was successful in vacating one-half of the east/west alley in the same block as is requested at this time. At that time, a six foot (6') by twenty foot (201) right-of-way was dedicated to the City providing for a safe turnaround. He stated that about one (1) month ago, Councilman Ann Puzzello advised him that some of the residents would like to have the rest of the alley vacated to cut down on traffic and in order for them to utilize the alley for themselves. He further advised that the Medical Center has no interest or plans in regards to this vacation but as a favor to the residents have submitted the Vacation Petition. He stated that some of the neighbors have joined in the Petition by signing a Ratification of Vacation Petition. Therefore, he asked that the Board favorably recommend the vacation of the the above referred to property including the six foot (6') by twenty foot (20') right-of-way of the Medical Center's property which was previously dedicated to the City. Mr. Ford advised the Board that he is not aware of anyone opposing the vacation. As a point of clarification for the news media, Mr. Ford advised that the property to be vacated is bounded on the north by South Bend Avenue, on the east by St. Lewis, on the south by Cedar and on the west by Hill Street. Mrs. Mary Dainelli, 604 South Bend Avenue, South Bend, Indiana, was present and addressed the Board. She stated that she and Mrs. Sappington, 518 North Hill Street, would like to have the vacation approved to alleviate the nuisance to the entire neighborhood. She stated that customers of Kevin's Lounge, 525 North Hill Street, race up and down the alley and cause unsanitary and loud conditions until 4:00 a.m. She further advised that she has met with Ms. Renelda Robinson of the Northeast Center regarding these problems. Ms. Marguerite Sappington, 518 North Hill Street, South Bend, Indiana, addressed the Board and stated that both she and Mrs. Dainelli are in the same predicament. The problems mentioned above are causing deterioration of the neighborhood and there is a continuing problem with noise and trash. There being no one else present wishing to speak either for or against the proposed vacation, and no written objections having been filed with the Board, upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the Public Hearing on this matter was closed. Further, upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the Clerk was instructed to forward to the Common Council a favorable recommendation on the above referred to vacation subject to any and all utility easements.