12/01/1980 Board of Public Works Minutes

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REGULAR MEETING DECEMBER 1, 1980 A regular meeting of the Board of Public Works was convened at 9:30 a.m., on Monday, December 1, 1980, by Mr. Joseph E. Kernan in the absence of Board President Patrick M. McMahon, with Mr. Richard L. Hill present. Deputy City Attorney Terry A. Crone was also present. Mr. McMahon arrived at 9 :50 a.m. 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 November 24, 1980, were approved as submitted. VACATION RESOLUTION NO. 3502, 1980 - CONFIRMED (EAST -WEST ALLEY NORTH OF SOUTH BEND AVENUE This was the date set for holding a public hearing on Vacation Resolution No. 3502, 1980, for the vacation of the first 10 foot east -west alley north of South Bend Avenue running from the east right -of -way of Georgiana Street to the west right -of -way line of the first north - south alley for a distance of 118 feet in Hartman and Miller Addition, South Bend, Indiana. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri- County News which were found to be sufficient. It was noted that a notice had been sent to all property owners in the vicinity of the proposed vacation and letters had been received from the various city agencies indicating that there was no objection to the proposed vacation. Mr. Charles Sweeney, Attorney at Law, practicing at 900 St. Joseph Bank Building, stated that he was representing Aays Rental and Mr. James Sharpe, the petitioner for the proposed alley vacation. He advised that, when the plans for the East Bank had been formulated, it became apparent that Mr. Sharpe would not be able to conduct his business at that location and he, therefore, purchased property at Georgiana Street and South Bend Avenue to warehouse equipment for rental. Earlier this year, Mr. Sharpe started a retail business and has, since he purchased the property, upgraded and improved it. Mr. Sweeney explained that Mr. Sharpe had petitioned for a rezoning of the property at Georgiana and South Bend Avenue, and it had been approved by the Common Council at its last meeting. He stated that it was Mr. Sharpe's intention to build a drive - through garage upon the alley in question and allow access out onto the street from that point. He advised that the property owner, to the east, Mr. Ralph LeBlanc, has joined in the petition for vacation. There was no one present to remonstrate against the vacation. Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, the Board confirmed the Vacation Resolution and ordered preparation of the Assessment Roll to be filed on December 8, 1980. Just prior to adjournment of the meeting, Mrs. Nellie Mae Smith, 1037 Georgiana Street, arrived and indicated that she was concerned about the removal and lack of sidewalk on Georgiana Street and she wondered how the. vacation of the alley would affect her and the surrounding properties. Mr. Kernan explained that, in this particular instance, the alley had not been used to a great extent and the adjacent property owners had petitioned to have it vacated. He stated that the city agencies to which the petition had been referred had determined that the alley could be vacated, and there had been no objection filed against the vacation. He advised Mrs. Smith that, concerning the sidewalk problem, the property owner would be advised to take care of the problem and the city would have an inspector check on that matter. Mrs. Smith stated that she was not too happy with the vacation of the alley and she felt the building to be constructed would be an infringement upon the surrounding properties.