01/07/85 Board of Public Works Minutes

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H REGULAR MEETING JANUARY 7, 1985 Mr. Hill suggested that Mr. Hess complete the application again adding the above referred to charges. Mr. Hill stated that in light of the fact that these offenses did occur some time ago and were not overly serious he would recommend approval of the license. Therefore, upon a motion made by Mr. Hill, seconded by Mr. Leszczynski and carried, the Public Hearing on this matter was closed, the prior denial of the Taxicab Driver's license for Mr. Hess was rescinded and the application approved subject to Mr. Hess completing the application to include the above referred to charges which he failed to list. Mr. Vance abstained from voting on this matter. PUBLIC HEARING AND RECOMMENDATION - ALLEY VACATION: 1ST N/S ALLEY E. OF EDDY STREET RUNNING NO. AND THEN NORTHEASTERLY FROM CORBY STREET TO A LINE 16' W. OF THE E. LINE OF LOT 7 IN BERGAN'S REPLAT OF LOTS #2,3 & 4 OF LISTENBERGER'S FIRST ADDITION Mr. Leszczynski advised that this was the date set for the Board's Public Hearing on an alley vacation described as the first north/south alley east of Eddy Street running north and then northeasterly from Corby Street to a line which is parallel to and 16' west of the east line of lot 7 in Bergan's Replat of Lots Numbered Two (2), Three (3) and Four (4) of M.E. Listenberger's First Addition to the City of South Bend, for a distance of 140.4 feet more or less. 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 Richard T. and Neoma F. Kruk, 3315 Newburg Court, Mishawaka, 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 were notified of the Board's Public Hearing date. It was further noted that Mr. and Mrs. Kruk submitted along with the Vacation Petition, Consent to Granting of Petition forms signed by Charles B. and Elinor K. Burkhart, as owners of Lot 2 of Bergan's Replat of Lots Numbered 2, 3 and 4 of M.E. Listenberger's First Addition to the City of South Bend and James O. and Minerva Brown as owners of Lot 3 of Bergan's Replat of Lots Numbered 2, 3 and 4 of M.E. Listenberger's First Addition to the City of South Bend, as well as a proposed form of Dedication of Public Right -of -Way. Mr. Richard Kruk and his attorney Mr. R. Wyatt Mick, Jr., 400 Lincolnway East, Mishawaka, Indiana, were present at the Public Hearing. Mr. Mick addressed the Board and advised that in Paragraph two (2) of the Petition to Vacate Alley, the word "west" of Lot 1 in M. E. Listenberger's First Addition should have read "east" of Lot 1. Mr. Mick further advised that Lot 8 does not actually adjoin but just touches Lot 2 and Lot 3. Mr. Mick presented to the Board a Vacation Petition signed by eighteen (18) residents of the area favoring the vacation of the alley which is located between Corby and South Bend Avenue. To clarify the location of the proposed alley to be vacated, Mr. Mick submitted to the Board various photographs showing the location of the alley from various angles. He advised that Mr. Kruk does intend to build an addition to his service station known as Dick's Standard Service Station at 1102 South Bend Avenue but currently will use the additional space, should the alley be vacated, for additional parking. Mr. Mick further advised that Mr. Kruk has already replaced some sidewalk. Mr. Kruk indicated that he is willing to dedicate additional right-of-way for a new alley and would make the needed improvements to that new alley. Mr. Mick