07/17/1979 Board of Public Works Minutes

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124 REGULAR MEETING JULY 17, 1979 NO BIDS RECEIVED - SALE OF RESIDUAL PROPERTY RE: MICHIGAN /MAIN CONNECTOR This was the date set for receiving bids for the sale of residual portions of lots acquired for construction of the Michigan /Main Connector. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri- County News which were found to be sufficient. There were no bids received. OPENING OF BIDS - SALE OF CITY - O[W]NED PROPERTY This was the date set for receiving bids for the sale of city -owned lots at 2005 W. Indiana Avenue and 230 Embell Court. In each case, more than one individual had expressed an interest in purchasing the lots and for that reason the Board advertised for sealed bids for the sale. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri- County News which were found to be sufficient. The following bids were opened and publicly read: 230 Embell Court - Offering Price $429.00 Berean Seventh Day Adventist Church submitted a letter bid in the amount of $429.00 for the lot. This was the only bid received. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the bid was accepted and the Board referred the bid to the Legal Department for preparation of a purchase contract. 2005 W. Indiana No bids received. The Board directed that the Clerk contact the individuals who had expressed an interest in purchasing the lot to ask if they would like to submit an offer for the property. VACATION RESOLUTION NO. 3472 RESCINDED - PETITION DENIED Vacation Resolution No. 3472, for the vacation of the east - west alley between LaSalle and Colfax, from Notre Dame Avenue west, was tabled on May 21. At the request of John Peddycord, Attorney for the Dental Arts Building Partnership who petitioned for the vacation, the matter was placed on the agenda today for further consideration. Notification was sent to Donald Hartke and Bernard Bailey, who remonstrated against the vacation at the May 21 meeting, that the matter would be on the agenda. Terry Lehr, Attorney, was present and advised the Board that he was representing John Peddycord in this matter. Mr. Lehr reviewed the status of the petition, noting that a public hearing was held on May 21 with two people remonstrating. A meeting was held with one of the remonstrators in an attempt to reach a settlement of the problem but it was not resolved. Mr. Lehr noted that A. Hartke and Son at 218 N. St. Peter has a business with a small warehouse at the back of the lot on both the north /south and the east /west alleys. Mr. Hartke says that semis who come to unload would not be able to make deliveries through the alley, even with the additional right -of -way to be dedicated to the City by the petitioners for this purpose. Mr. Lehr said it was their position that the north /south alley could be used by the semi - trucks. The other remonstrator, Bernard Bailey of 224 N. St. Peter Street, uses the north half of the alley as an exit and that was his only statement. Mr, Lehr pointed out that the City ordinance which covers vacations of streets or alleys does not give the criteria for a valid remonstrance. The only authority that was found comes from the State Statutes, which envisions going to the Circuit Court for a vacation and it lists three grounds for a remonstrance: 1. When the ground is necessary to the growth of the town or city.