04/27/1981 Board of Public Works Minutes

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REGULAR MEETING APRIL 27. 1981 The regular meeting of the Board of Public Works was convened at 9:30 a.m., on Monday, April 27, 1981, by President John E. Leszczynski, with Mr. Leszczynski, 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. Leszczynski and carried, the minutes of the April 20, 1981, regular meeting of the Board were approved as submitted. PUBLIC HEARING ON VACATION RESOLUTION NO. 3507, 1981 (RIVER PARK NURSING HOME) This was the date set for holding a public hearing on Vacation Resolu- tion No. 3507, 1981, for the vacation of the first east -west alley south of Mishawaka Avenue between 26th and 27th Streets, excepting the 14' right -of -way of the north -south 14' alley between Mishawaka Avenue and Vine Street in Horne & Dunn lst Subdivision in River Park. 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. Edward Hardig, Attorney at Law, 419 West Jefferson Boulevard, stated that he was the attorney represent- ing the River Park Nursing Home. He referred to a map showing the alley to be vacated, and he advised that the Nursing Home owned adjacent Lots numbered 154, 155 and 156, with its premises located on 27th Street. He stated that a representative of the home had circulated the petition to vacate the alley to the people adjacent on the alleyway and Mrs. Henry at 926 South 26th Street had signed in favor of the vacation. He stated that the other adjacent property owners, being the Harters at 924 South 26th Street, had chosen not to sign the petition because of their concern over their garage and use of the structure should the alley be vacated. He stated that, if the Board chose not to vacate the alley because of the objection of the Harters, then the Nursing Home would be interested in only vacating the part of the alley adjacent to the Nursing Home. He stated that the Nursing Home has been in its present building for approximately 15 years and many years prior to that a nursing home had been in existence. The Nursing Home purchased the property across the alley from it and there was hope in the future to vacate this alley and extend the nursing home across the alley. He stated that plans did not call for an addition to the present building at this time, but that the existing building would be torn down. He pointed out that a north -south alley existed which extended along the entire block. Mrs. Beverlie J. Beck, Third District Councilman, stated that she had been contacted as early as September last year regarding the plans of the Nursing Home. She stated that the residents had, at that time, indicated that something was being planned by the home. She admitted that the Nursing Home did own property adjacent to the alley, but she felt that the residents in the area had gone on record objecting to the alley vacation and possible future expansion of the home. She referred to the north -south alley and stated that it was a very long block so only vacating a portion of the east -west alley as suggested by Mr. Hardig would still present an inconvenience to the residents. Mrs. Joan Kincaid, 930 South 27th Street, presented a remonstrance petition to the Board containing 115 signatures of surrounding property owners objecting to the vacation of the entire alley and only half of the alley as now being proposed by the Nursing Home. She advised that the petition had been circulated in the area from Mishawaka Avenue south to Pleasant; the west side of 28th Street to the east side of 25th Street. Mr. Raymond C. Harter, 924 South 26th Street, stated that he understood there was a large underground gas line running down the center of the alley. He felt this would be dangerous for the Nursing Home if a dwelling was constructed on it at some future point. He also wondered who would be responsible