12/17/73 Board of Public Works Minutes

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43 1 1 REGULAR MEETING DECEMBER 17, 1973 VACATION RESOLUTION NO. 3383, 1973 RESCINDED The Public Hearing on Vacation Resolution No. 3383, 1973 for the vacation of the alley between Colfax Avenue and Washington Avenue from Notre Dame Avenue west to the east right-of-way line of the north -south alley, was held on October 29, 1973 and action was deferred. Mr. Roemer advised the Board that Mr. Dunfee, Attorney for the petitioner, would like to amend the petition. Mr. Dunfee was present and requested that the petition be amended to vacate only the west 40 feet of the subject alley. Mr. George Patton, Attorney representing Miss Margaret Bergan, one of the affected property owners, said he felt amending the petition at this step was wrong. He said it is not good planning to vacate a portion of an alley. He said he felt the Board should vacate all the alley or none of it. Mrs. Joan Collins, owner of part of Lot 308 spoke in favor of the vacation and said the alley has not been used. Mr. Ted Carlson, 119 N. Notre Dame, spoke in opposition to the vacation. He said this problem arose when Dr. Ganser fenced part of this alley and when he was forced to remove the fence, he filed the petition to vacate the alley. Mr. Carlson also called attention to the fact that Mr. Earl Wehr, another property owner, has been paying taxes on five feet of the alley. Mr. Roemer informed the Board that they received a report from him that he has researched this matter and there is no doubt that the alley is owned by the City of South Bend. Mr. Carlson then repeated his opposition to the vacation and said if the alley is closed, Miss Bergan plans to close access to the alley. He presented to the Board a picture showing that the alley is being used. Mrs. Collins then said that she had a dog kennel in the alley for two years and that she cleared the weeds from the alley. She said, since the hearing on this alley, Mr. Carlson has driven down the alley to give the appearance that it is used but prior to that time, it was not used. Mr. Barcome then made a motion to deny the petition to vacate the alley. Mr. Seitz seconded the motion. The motion carried with Mr. Barcome and Mr. Seitz voting in favor of the motion and Mr. Farrand abstaining. The Vacation Resolution is hereby rescinded. FILING OF PRELIMINARY PLANS, ENGINEER'S ESTIMATE AND ASSESSMENTS FOR THE RIVERSIDE DRIVE -RIVERSIDE PLACE SEWER PROJECT The Board received a letter from the Bureau of Design and Administration transmitting the preliminary plans, engineer's estimate and individual assessments for the Riverside Drive, Riverside Place Sewer Project authorized under Improvement Resolution No. 3390, 1973. Upon motion made, seconded and carried, the Board ordered the plans, estimate and assessments filed. REQUESTS FOR STREET LIGHTS The Board received the following requests for street lights: On Vernerlee Lane, from Mrs. Judith Olson At 1735 Prairie Avenue, from Councilman Walter Kopczynski Upon motion made, seconded and carried, the requests were referred to the Bureau>af Traffic and Lighting for investigation.and recommendation. SOLID WASTE SCHEDULE FOR DECEMBER AND JANUARY The Board received a revised Collection Schedule for the Bureau of Solid Waste for the holiday period. with the regular route schedule'to resume on January 7, 1974. Upon motion made, seconded and carried, the schedule was ordered filed. APPROVAL OF BONDS The Board received a recommendation from Ray S. Andrysiak, Bureau of".Engineering, for approval of the following bonds: EXCAVATION BONDS: John Rensberger Plumbing & Heating to 12/31/74 Albert A. Spromberg to 11/30/74 Vic Trippel Plumbing it Heating to 12/31/74 Raymond F. Hoffman, Inc. to 12/31/74 H. DeWulf Mechanical Contractor to 12/31/74