05/11/1981 Board of Public Works Minutes

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REGULAR MEETING MAY 11, 1981 He stated that, in view of the opposition to the vacation of the entire alley, the Nursing Home was willing to only vacate the easterly portion of the alley. He stressed that, if there were any problems with ingress and egress with the Harters and the use of the vacated alley for their garage, the Nursing Home would be happy to dedicate a strip of land to provide them access. He stated that, according to the law, there was certain criteria for the vacation of an alley. He stated that one of the items to be considered is the access of surrounding property owners. He did not feel that property owners would be denied any access with the vacation of the alley. Another factor to consider is the effect the closing would have on emergency vehicular traffic. He pointed out that there is also a north -south alley in the block and part of the westerly portion of the east -west alley would not be vacated which could be used for emergency vehicles. The third factor was the inconvenience the vacation of an alley would cause. He stated that the property owners have expressed dis- satisfaction with the many people presently using the alley from the bank drive -in in the immediate area and those persons using the alley as a through street rather than Mishawaka Avenue. He stated that this was the only inconvenience caused and it would be eliminated for property owners with the vacation of the alley. Mr. Hardig advised that the Nursing Home had always been a good neighbor and was concerned about its neighbors and was now requesting permission to vacate the alley to assist in its expansion program. He stated that all that was being asked of the Board was the vacation of the alley, and suddenly the matter became a zoning issue because the residents were afraid of a two -story building being constructed. He stated that the rezoning issue was a separate issue and that no plans had been submitted for the expansion. He advised that the expansion calls for plans to add facilities for physical therapy, and he added that any nursing home is in need of expansion for bed facilities. He referred to a comment made by Councilwoman Beverlie Beck at the hearing on April 27th when she stated that the Nursing Home should relocate to a commercial area. He advised that tradition- ally in South Bend, nursing homes have been built and constructed in a residential and neighborhood -type atmosphere. He stated that, if the alley was vacated, the property would go back onto the tax rolls and provide an increase in the tax base for the city. He stated that construction of a new facility would increase the tax base substantially and would also create several new jobs in the community. He stated that the Nursing Home was not a bad or obnoxious -type facility and was not an industrial facility either, and had shown in the past that it was a good neighbor and would continue to be so. He felt there was no legal reason why they alley should not be vacated. He advised that, up until the public hearing held on April 27th, there had been no objection on the part of the city or its bureaus concerning the vacation, and the city had, in fact, indicated there was no objection to the vacation. Mrs. Raymond C. Harter, 924 South 26th Street, stated that she felt Mr. Hardig should have brought up the points he had just made at the prior public hearing. She mentioned that she and her neighbors had been given different information on what the expansion program would include. She pointed out that, on several occasions, she and her neighbors had to call the Nursing Home to report that one of its residents had left the premises and was lost in the neighborhood. Mrs. Joan Kincaid, 930 South 27th Street, stated that she felt Councilwoman Beck had represented the residents well and had conveyed their objection to the Board on the subject of the alley vacation. She stated that she was pleased the Mayor and Board had come out to take a look at the alley in question and the surrounding properties, and the Mayor had previously stated that the alley should remain as a buffer between commercial properties and the residential properties. She stresssed that she and her neighbors wanted to keep as much of the area residential as possible. Mrs. Kincaid advised that the residents have been bothered with Nursing Home employees parking on the streets in front of their homes despite the fact that the Nursing Home has a parking lot. She stated that when she questioned this, she was advised that the employees were afraid to park in the lot because it was not lighted. She felt this was a problem the Nursing Home would have to solve and the neighbors should not have to contend with it. She also stated that deliveries are made every morning in the alley between 6:00 and 6:30 a.m. She could see no reason for the alley to be vacated other than the fact that the Nursing Home wanted to use the property south of it for expansion. Mr. Tom Marshall, 927 South 27th Street, expressed concern about the safety of the neighborhood children regarding the alley vacation and the delivery trucks.