10/29/73 Board of Public Works Minutes

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REGULAR MEETING OCTOBER 29, 1973 A regular meeting of the Board of Public Works was convened at 9:30 a.m. on Monday, October 29, 1973 with all members present. Deputy City Attorney Arthur Perry was also present. Minutes of the previous meeting were reviewed and approved. APPROVAL OF SUNDAY HOURS FOR PARKING GARAGES Mr. Stan ley Hull, Manager of the Municipal Parking Garages, was present and said that he had been requested by the Downtown Council to open the garages on Sunday, beginning on November 4, 1973 and continuing through the.Christmas shopping season. The garages would open at 11:00 a.m. and close at 5:00 or 6:00 p.m. Upon motion made, seconded and carried, the Board approved the request. HEARING ON VACATION RESOLUTION NO. 3383, 1.973 This being the date set, hearing was held on Vacation Resolution No. 3383, 1973 for the vacation of the alley between -'Colfax Avenue and Washington Street from Notre Dame Avenue west to the east right-of-way line:of the north -south alley lying between Lots No. 307 and 308 as shown on Cottrell's First Addition to the Town of Lowell, now the City of South Bend. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri-County News on October 5 and 12, 1973. Jack.,,C. Dunfee, Jr., Attorney representing the petitioner Dr. Ralph Ganser, spoke to the Board. Mr. Dunfee said that Dr. Ganser could not be present today because of the demands of his medical practice, but Mrs. Ganser was present. Mr. Dunfee then displayed to the Board Exhibits A through H which were presented at the Area Plan Commission hearing on this vacation. The exhibits included a drawing show- ing the relation of the property owners to the proposed vacation and photographs taken at three different times of the year to show that there is virtually no usage of the alley. Mr. Dunfee said that this is a 10 foot alley which was deeded to the City in about 1920. The Area Plan Commission unanimously approved the petition to vacate the alley. Mr. Dunfee said Mr. Earl Wehr, one of the remon- strators at the Area Plan Commission hearing, is represented at this hearing by a realtor. Mr. Wehr is attempting to sell his property to Dr. Ganser, including his.half of the alley, and any remonstrance on Mr. Wehr's behalf should be viewed in that light. Mr. Dunfee said the other remonstrator, Mr. Ted Carlson, has property which does not abut this alley. Mr. Dunfee said that Mr. & Mrs. Paul Collins, property owners abutting the alley, are in favor of the vacation. They have children who play in the alley, a swing set has been put up and there is grass growing in the alley. They would like the alley closed to public use since teen agers in cars park there late at night. Mr. Dunfee then informed the Board that he had made a survey, with the help of local Volkswagen and Chevrolet dealers, and his findings were that neither cars can negotiate the turn into the alley without trespassing on the property of Dr. Ganser of Mr. Wehr. Mr. Dunfee then said that, in an effort to resolve this matter to the satisfaction of the remon- strators, the Board might want to consider just vacating a 40 foot portion of the alley. This would accomplish the objective of the petitioners which is to stop through traffic by the public. Mr. Dunfee then stated that, estimating the total costs of all fees for this vacation, Dr. Ganser would be paying approxi- mately $135,000 an acre for this real estate, in order to safeguard cars parking in his lot from being damaged by cars trying to negotiate this alley. Mr. Ted Carlson, 119 N. Notre Dame Avenue, then spoke against the vacation. Mr. Carlson said he has lived in this residence for forty years, that the alley has- been used and that he would like it to remain open. He then displayed four photographs to the Board showing that the alley is used. He said access for trash trucks would be denied if the alley is closed. He said a private alley behind his home dead -ends into this alley and he would like to see it remain open. Mr. Carlson then presented a letter signed by 10 property owners who oppose the vacation. Mr. Seitz asked Mr. Carlson if he can drive his car down the alley and Mr. Carlson said he does not use the alley for driving his car but as a through way to walk from the private alley behind his home. Mr. Seitz then asked Mr. Carlson if he would be in favor of vacating just the 40 foot portion of the alley and Mr. Carlson said no. Mr. George Patton, Attorney representing Miss Margaret Bergan, 828 E. Colfax, said the question is should this alley be vacated or not. He said Miss Bergan opposes any change in the alley but Mr. Patton said either all the alley should be vacated or none of it. 1 1