08/09/76 Board of Public Works Minutes

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REGULAR 14EETING Cl AUGUST I-Q, 1976 A regular meeting of the Board of Public Works was convened at 9:30 a.m, on Monday, August 9, 1976 by President Rollin E, Farrand with Mr. Farrand and Mr. Brunner present. Deputy City Attorney Georgia Luks was also present. MINUTES OF PREVIOUS MEETING APPROVED Mr. Farrand reported that the minutes of the August 3, 1976 meeting had been reviewed and he made a motion that they be approved as submitted. Mr. Brunner seconded the motion and it carried. PUBLIC HEARING - VACATION RESOLUTION NO. 3429, 1976 This being the date set, hearing was held on Vacation Resolution No. 3429, 1976 for the vacation of a portion of Bryan Street and portions of.two alleys, as follows: part of the East-West alley south of Beale Street, running from the east right-of-way line of Cushing Street to the: east line of the north -south alley between Beale and, Roosevelt Streets, and part of the North -South alley east of Cushing Street, running north from the north right-of-way line of Roosevelt Street to the south line of the east -west alley between Cushing and Riverside Streets.r� he Clerk tendered proofs of publication of notice in the Sout Bend Tribune and the Tri-County News which were found to be sufficient. There were.several property owners present who had questions about the location of the proposed vacated alleys. Attorneys for the Community School Corporation were not present and Mr. Farrand indicated the Board would wait for them to arrive. Martin Sullivan said he was representing Vern Rutherford, owner of Lot 263, who was not able to be present. Mr. Sullivan asked whether this vacation would cut off access to Mr. Rutherford's lot. A map of the proposed vacated area was made available to property owners present and the Board pointed out to Mr. Sullivan that the portion being vacated did not affect access to Mr. Rutherford's property. Mr. W. Wertz, 1817 Riverside Drive, owner of Lot 262 questioned whether his lot would be landlocked if the.street was vacated. It was pointed out to him that, if the street is vacated, fifteen feet of it will come to him -as the abutting property owner and he can then use that fifteen feet for access. Mr. Farrand asked Mr. Wertz if the lot was subdivided or if he had any plans to subdivide it. Mr. Wertz said he did not. Rick Morgan and Jack Dunfee, Attorneys for the Community School Corporation, arrived. Mr. Morgan pointed out to the Board that the,School Corporation owns the whole tier of lots to the North of Bryan Street and the lots adjacent to the two alleys being petitioned for vacation. He said the vacation of the street is being requested as this is the area where the Brown Middle School athletic field will be located and they would like to fence the area. The alleys are in the location of the Brown Middle School parking lot for the faculty. There were several property owners present who were under the impression that this proceeding referred to the alley south of Roosevelt Street. It was pointed out on a map that this proceeding does not affect any alleys south of Roosevelt Street. It was suggested that when notices of public hearings on vacation proceedings are mailed to property owners, maps of the area be included for clarifica- tion of property involved. Mr. Farrand said this would be considered. Mr. Brunner asked those present if they were now aware that this vacation proceeding did not affect alleys south of Roosevelt Street. Property owners present agreed that they now understood the area involved. Mr. Wertz said he would prefer that the portion of Bryan Street remain open as it now is and said he would be taxed for the fifteen feet of property if it reverts to his lot. Mr. Farrand said he would have access to his property with this fifteen feet but could also offer it for sale if he wishes. Mr. Brunner noted that if Mr. Wertz did not want the property, he could offer to sell it to the School Corporation. Mr. Farrand said Mr. Wertz would have to decide whether he wanted to retain control of the property and said the amount of taxes on the additional fifteen feet would probably be minimal. Mr. Farrand made a motion that the Vacation Resolution be confirmed and referred to the Engineering Department for preparation of the Assessment Roll. The motion was seconded by Mr. Brunner and carried. J