08/20/84 Board of Public Works Minutes

Home Browse Search

329 REGULAR MEETING AUGUST 20, 1984 The regular meeting of the Board of Public Works was convened at 9:30 a.m, on Monday, August 20, 1984, by President John E. Leszczynski, with Mr. Leszczynski, Mr. Richard L. Hill and Mr. Michael L.. Vance present. Also present was Chief Deputy City Attorney.Thomas Bodnar. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the minutes of the August 13, 1984, regular meeting of the Board were approved. PUBLIC HEARING - ALLEY VACATION - 1ST N/E ALLEY SOUTH OF BRONSON CT., AND NORTH OF LOT 5 OF GEORGE L. FRANTZ'S ADDITION RUNNING FROM L.W.E.FOR 165' TO THE 1ST N/W ALLEY WHICH PARALLELS L.W.E. Mr. Leszczynski advised that this was the date set for the Board's public hearing on a proposed alley vacation described as the first Northeast alley South of Bronson Court and North of Lot Number Five (5) of George L. Frantz's Addition, Portage Township, St. Joseph County, Indiana - Running from Lincolnway East for one hundred sixty-five (165') feet to the first Northwest alley which parallels Lincoln Way East, recorded in Plat Book Two (2), Page 77, Office" of The Recorder of 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 concern- ing the Petition filed by Mr. William McCarthy, 757 Lincoln Way East, South Bend, Indiana, and submitted by his attorney Anthony M. Zappia, 52582 U.S. 31 North, South Bend, 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. Mr. Anthony Zappia, Attorney at Law, representing Mr. McCarthy was present and addressed the Board. Mr. Zappia advised that his client is in the process of remodeling the property at 757 L.W.E. for commercial use and is desirous of vacating the alley to enhance his property and conform to the design of the remodel- ing. Mr. Zappia advised that the property is zoned Commercial. He further advised that it is his understanding that the City would require a five (5) foot section of property for 'a turning movement if the alley is to be vacated and he has no objections to that request. Mr. Leszczynski advised that the Board has received comments from the Engineering Department, Area Plan Commission and the Community Development Department concerning this proposed alley vacation and all recommend favorably that the alley be vacated subject to the additional right-of-way being provided to the City for a turning movement. Mr. Walter Berndt, 730 Bronson Street, South Bend, Indiana, addressed the Board and advised that the alley is frequently used by the residents of the area as well as trash collectors. He stated that the Bronson Street alley cannot be used because of the tight turning radius with cars parked close to the alley and he is not in favor of the alley being vacated. to the condition of the alley, Mr. Berndt advised In regard that the alley has held up very well for the last eighteen (18) years and has not eroded at all. He further stated that in the winter it will be almost impossible for the residents to come out of the alley onto Bronson Street. Common Council President Beverlie Beck was present and submitted to the Board a photograph of the proposed alley to be vacated which she took this date. She advised that vacation of this alley would put Mrs. James Foster, 639 1/2 River Avenue, South Bend, Indiana, at the end of a dead-end street and she is concerned