09/25/1978 Board of Public Works Minutes

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257 REGULAR MEETING SEPTEMBER 25, 1978 when petitions for such improvements are received, the Board has preliminary plans prepared and holds a public hearing to advise the property owners of the cost of the improvement. If more than fifty -one per cent of the property owners are not in favor of the project, the Board does not proceed. He asked if there was someone present who would be willing to circulate a petition in the neighborhood to determine for the Board if the property owners want an asphalt alley or no alley improvement at all. Mrs. Dorothy Beghtel, 1237 N. Johnson, advised the Board that she had secured signatures on a petition of those property owners who opposed the concrete alley. She said some of those owners are not in favor of any improvement and some might want the asphalt alley after the price is determined. Mrs. Beghtel agreed to get a petition showing the wishes of the property owners in this matter and Mr. McMahon said he would advise Mrs. Beghtel of the approximate cost of asphalt pavement before she circulates the petition. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the public hearing was continued until petitions are submitted to indicate the wishes of the majority of the property owners. VACATION RESOLUTION NO. 3462 CONFIRMED - ASSESSMENT ROLL FILED This was the date set for holding a public hearing on Vacation Resolution No. 3462, 1978 for the vacation of the alley running south from Lincolnway West, between Walnut and Diamond, a distance of 120 feet. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri- County News which were found to be sufficient. Rev. Willie Wilson, Pastor of the Elizabeth Memorial Church of God, petitioner for the vacation, was present to answer any questions of the Board. There were no remonstrators present and no written remonstrances were filed with the Board. Mr. McMahon reported that the petition was reviewed by the Department of Engineering and the Area Plan Commission and they recommend the vacation favorably, subject to existing utility easements. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the. Vacation Resolution was confirmed. Mr. McMahon then submitted to the Board an Assessment Roll with respect to Vacation Resolution No. 3462. The Assessment Roll lists affected property as Lot No. 1 Orchard Heights Addition and Lot 59, Orchard Heights 2nd Addition. and lists $0.00 Net Damages and $0.00 Net Benefits to the lots. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Assessment. Roll was filed and set forpublic hearing on October 23. HEARING ON DENIAL OF TAXI LICENSE - ROBERT RICHARD Robert Richard requested a hearing before the Board on the denial of his taxi license. Mr. Richard was present. Deputy City Attorney Terry Crone, in the absence of City Controller Peter Mullen, advised the Board that the Police Department had recommended denial of Mr. Richard's license, and Mr. Mullen concurred in that recommendation, based on the misrepresentation of Mr. Richard on his application where he indicated he had not been arrested. The Police Department submitted Mr. Richard's arrest record listing six arrests and, because of this false statement of the applicant, recommended denial. The license was denied by the Board on September 11, 1978. Mr. Richard said he understood that question on the application to mean felony arrests and that is why he answered no. Mr. Crone noted that the applicant did state on his application that he was required to get SR 22 insurance by the state in order to maintain his driver's license. Mr. Brunner made a motion that, based on the statement made on the application, the action of the Board to deny the taxi driver's license be confirmed. Mr. McMahon seconded the motion and it carried.