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174 <br />REGULAR MEETING MAY 27, 1986 <br />There being no one else present wishing to speak either for or <br />against the proposed alley vacation, and no written objections <br />having been filed with the Board, upon a motion made by Mr. <br />Leszczynski, seconded by Ms. Barnard and carried, the Public <br />Hearing on this matter was closed. <br />Mr. Leszczynski advised that favorable comments have been <br />received from the Engineering Department, Area Plan Commission <br />and the Community Development Department concerning this proposed <br />alley vacation. <br />Therefore, upon a motion made by Mr. Leszczynski, seconded by Ms. <br />Barnard and carried, the Clerk was instructed to forward to the <br />Common Council a favorable recommendation on the above referred <br />to alley vacation subject to any and all utility easements. <br />PUBLIC HEARING AND FAVORABLE RECOMMENDATION - SOUTH TWO (2) FEET <br />OF BROADWAY STREET FROM MAIN STREET TO THE 1ST ALLEY EAST OF MAIN <br />Mr. Leszczynski advised that this was the date set for the <br />Board's Public Hearing on the proposed vacation of the south two <br />(2) feet of Broadway Street, east from the east R/W <br />(right-of-way) of Main Street for a distance of 165.5 feet more <br />or less to the first (1st) alley east of Main Street, all being <br />in the City of South Bend. <br />It was noted that this Public Hearing is being held in order for <br />the Board to submit a recommendation to the Common Council <br />concerning the Vacation Petition filed by T. George and Janet L. <br />Podell, 59611 Hazel Road, South Bend, Indiana. It was further <br />noted that pursuant to South Bend Municipal Code Section 18-53.8, <br />owners whose property abut the proposed street.to be vacated were <br />notified of the Board's Public Hearing date. <br />Mr. T. George Podell, 59611 Hazel Road, South Bend, Indiana, <br />Petitioner, was present and addressed the Board. He stated that <br />the vacation is necessary to eliminate a hazard in the public <br />right-of-way. <br />There being no one else present wishing to speak either for or <br />against the proposed vacation, and no written objections having <br />been filed with the Board, upon a motion made by Mr. Leszczynski, <br />seconded by Ms. Barnard and carried, the Public Hearing on this <br />matter was closed. <br />In response to a question from the news media, Mr. Podell advised <br />that the vacation is being requested due to the fact that an <br />error was made and a structure was built in the public <br />right-of-way. He further stated that the error was due in part <br />to the fact that in some portions of Broadway Street the <br />right-of-way is seventy (70) feet and in other portions it is <br />seventy-four (74) feet. <br />Therefore, upon a motion made by Ms. Barnard, seconded by Mr. <br />Leszczynski and carried, the Clerk was instructed to forward to <br />the Common Council a favorable recommendation on the above <br />referred to vacation subject to any and all utility easements. <br />PENING AND AWARD OF BIDS: <br />- TWO (2) SELF-CONTAINED BREATHING APPARATUS <br />- SIX (6) AIR CYLINDERS <br />Mr. Leszczynski advised that this was the date set for receiving <br />and opening of sealed bids for the sale of the above referred to <br />equipment. The Clerk tendered proofs of publication of Notice in <br />the South Bend Tribune and the Tri-County News which were found <br />to be sufficient. The following bid was opened and publicly <br />read: <br />