07/28/1980 Board of Public Works Minutes

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REGULAR MEETING JULY 28, 1980 The regular meeting of the Board of Public Works was convened at 9:30 a.m., on Monday, July 28, 1980, by President Patrick M. McMahon, with Mr`. McMahon, Mr. Richard L. Hill and Mr. Joseph E. Kernan present. "Deputy City Attorney Terry A. Crone was also present, MINUTES OF PREVIOUS MEETING APPROVED Upon a motion made by Mr. Hill, seconded by Mr. Kernan and carried, the minutes of the regular meeting of July 21, 1980, were approved as submitted. PUBLIC HEARING ON VACATION RESOLUTION NO. 3491, 1980 (HIGHLAND PARK SECOND ADDITION) This was the date set for holding a public hearing on Vacation Resolution No. 3491, 1980, for the vacation of all the alleys in a block bounded by Olive, Calvert, Phillipa and Delaware Streets in Highland Park 2nd Addition to the City of South Bend. 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 that letters had been received from the various city agencies indicating that there was no objection to the proposed vacation. Mr. Arthur W. Frisk, Attorney at Law, 2306 South Main Street, South Bend, Indiana, explained that he was representing Mr. William Weaver, the petitioner in the vacation. He stated that Mr. Weaver owned all of the lots on Olive Street and Lots 238, 239, 240, 241, 242 and 246 fronting on Phillipa Street. He stated that a six -foot high, chain -link fence bordered the property on Olive Street, part of which was occupied by Bud's Wrecker Service. According to Mr. Frisk, Mr. Weaver had experienced problems in the past with one of his renters who.occupied property on Phillipa Street; however, the lease with that individual had not been renewed. During the term of the lease, some damage had been done to Mr. Weaver's fence and only part of it had been restored as of this date. Mr. Frisk explained that the remainder of that property had then been leased to Bud's Wrecker. Shortly after that, the city had installed sewers in the area and Mr. Weaver had been assessed accordingly for his properties. It was his hope that Mr. Weaver could improve his properties since sewer lines were available and he wanted to use half of the north -south alley and all.of the east -west alley between Lots 240 and 241. Mr. Frisk stated that the alleys were not in use at the present time. Mrs. S. R. Wroblewski (formerly Mary Szabo), 2013 South Phillipa, stated that she had never received notice of the hearing and that she objected to the alley vacation because of the trucks being so close to her property line. Mr. Frisk stated that he had furnished the Clerk of the Board with a list of the affected property owners, being Mr, and Mrs. Wroblewski at 2013 South Phillipa and Mr, and Mrs. Albert VanDerHeggen, 1905 South Phillipa so that notices of the public hearing could be sent to them. In response to Mr. Frisk's comment about the alley not being used as such, Mrs- Wroblewski stated that it would be impossible to use the::ailey- -beeau.e of the fence which Mr. Weaver had erected around his property. Mr. Frisk pointed out that the fence was located on Mr. Weaver's property and was not in the alley right -of -way. Mr. T,ZcMahon explained that many people come before the Board and request the vacation of certain alleys within the city for a number of reasons, and the,Board deals with these requests very frequently. From time to time, certain individuals come forward and inform the Board that they need the use of the alley for access to their property. Mr. McMahon stated that, when that happens, the Board must make a determination as to the need for the alley. He stated that he was trying to determine if the alley 1 1 r