06/05/1978 Board of Public Works Minutes

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REGULAR MEETING JUNE 5, 1978 A regular meeting of the Board of Public [corks was convened at 9:30 a.m. on Monday, June 5, 1978 by President Patrick M. McMahon, with Mr. McMahon, Mr. Brunner and Mr. Mullen present. Deputy City Attorney Terry A. Crone was also in attendance. MINUTES OF PREVIOUS MEETING APPROVED Mr. Mullen reported that the minutes of the May 30 meeting had been reviewed and he made a motion they be approved. Mr. Brunner seconded the motion and it carried. VACATION RESOLUTION NO. 3458 RESCINDED PETITION DENIED This was the date set for holding a public hearing on Vacation Resolution No. 3458 for the vacation of the east -west alley, running 115.5 feet east and west and 14 feet north and south, from Eddy Street to Parry Street, more particularly described as the alley between Lot 13, Parry's 2nd Addition (501 S. Eddy) and Lot 12; Parry's lst Addition (435 S. Eddy). The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri- County News which were found to be sufficient. Mr. McMahon noted receipt of the following correspondence regarding this vacation: 1. A letter from Councilman Roger Parent, noting that if the vacation is granted, Parry Street would become a dead -end street and that it is a heavily -used street. Councilman Parent asked that the Board vote against the vacation. 2. A letter from Robert S. Lehman expressing his opinion that this petition should not be granted and noting that the vacation would make Parry Street a dead -end street. 3. A petition signed by eleven residents on Parry Street, eleven residents on Eddy Street and nine residents on Frances Street opposing the closing of the alley. Attorney Joseph Amaral was present as was petitioner Thomas Herrman. Mr. Amaral asked Mr. McMahon if the Board had received a recommendation from the Area Plan Commission. Mr. McMahon noted that the Area Plan Commission staff reviewed the petition and recommended it favorably to the Board. Mr. Amaral said the petition is being requested to promote private urban renewal. The petitioners have demolished some structures in the neighborhood improving the area, and plan to demolish one more structure. They plan to expand their business operation. The alley is an eyesore and creates traffic problems in the area for children attending Jefferson School and the Jo Ann Brines Dance School. Mr. Amaral said the alley is of no value to the City of South Bend. It is too small to allow fire trucks to go down it and has not been maintained by the City. It was not plowed last winter. Any maintenance of the alley for the past several years has been done by Herrman and Goetz, the petitioners. The residents of the neighbor- hood will be able to use the north -south alley between Parry and Frances or the alley which is located next to the railroad tracks to the north. Mr. Amaral said the petitioners contend that no benefit will be taken from the City by this vacation. The petitioners plan to expand their operation and to provide off - street parking, thus eliminating parking congestion on Eddy, in front of their business. 501 S. Eddy will be demolished adding to the improvement of the neighborhood. Mr. Amaral asked that the Board give favorable consideration to the vacation. Richard Lawrence, 426 N. Frances, spoke in opposition to the vacation. He said the alley is used. There were formerly four alleys in the area and this is the last remaining open alley. It is needed and does benefit the residents and the City. He noted there was a fire at Alexanian's some time ago. The people on Parry Street