09/19/83 Board of Public Works Minutes

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368 REGULAR MEETING SEPTEMBER 19. 1983 Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the bid received from The Robert Henry Corporation, 404 South Frances Street, P.O. Box 1407, South Bend, Indiana, based on the recommendation of Board attorney Carolyn V. Pfotenhauer, was rejected because the Non -Collusion Affidavit was not notarized. The bid was not read. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above bids were referred to the Engineering Department for review and recommendation. PUBLIC HEARING AND RECOMMENDATION ALLEY VACATION 1ST NIS ALLEY E. OF EDDY.STREET FROM JEFFERSON BOULEVARD. TO WAYNE STREET NORTH Mr. Leszczynski advised that this was.the date set for the Board's public hearing on the proposed vacation of the first alley east of Eddy Street running south from Jefferson Boulevard to Wayne Street, North between Lots 5 and 6 and Lots 88 and 89 for a distance of 335 feet more or less being in Sunnymede lst Edition to the City of South Bend, St. Joseph County, Indiana. This public hearing is being held in order for the Board to submit a recommendation to the Common Council concerning the Petition filed by residents of the area. It was noted that affected property owners within two hundred feet (200') of the proposed alley vacation had been duly notified of the Board's public hearing date. Mr. J.P. Freeman, 1201 East Wayne Street North, South Bend, Indiana and Mr. Paul R. Bowles, 1202 East Jefferson Boulevard, South Bend, Indiana addressed the Board and stated that vacation of the alley could present a problem for them in that they use the alley to enter their garages. In response to their question, Mr. Hill responded that should the alley vacation be approved, half of the property would be assessed to the owners on each side. Mr. Hill further stated that if after the vacation .is approved the alley continues to be used as a public right-of-way without cutting off public access, after a number of years the vacation could become void and the alley revert back to being a public right-of-way. Mr. Bowles indicated that he has already entered into an agreement with his neighbor to acquire their part of the alley so he will be able to use the alley for a driveway to his garage. Mr. Freeman indicated that he too would like to enter into an agreement with the neighbor across from him, but those neighbors, Mr. and Mrs. David Basch, are currently living in Miami, Florida and he has not been able to contact them. Without some type of agreement with the Basch's, Mr. Freeman would not be able to use the alley to get into his garage. Mr. Bowles stated that if an agreement could not be worked out between the Freeman's and the Basch's, he would like to ask that only half of the alley be vacated. It was noted that both Mr. Freeman and Mr. Bowles signed the Petition in favor of the vacation. The Board instructed Mr. Freeman and Mr. Bowles to submit any agreements they may enter into to the Clerk of the Board as the successful resolution of this problem will be a condition of the vacation. Mr. Leszczynski advised that comments on this proposed vacation have been received from the Engineering Department, Community Development Department and the Area Plan Commission. Those comments are as follows: Engineering Department: No objections to the —proposed vacation because of Section II of the bill that retains rights of utilities and the City of South Bend. I 1