11/24/1980 Board of Public Works Minutes

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_.L REGULAR MEETING NOVEMBER 24, 1980 petition representing more than 50% of the taxpayers who were opposed to the sewer construction. He referred to the petition previously submitted by Mr. Gosztola in favor of the project and stated that some of those names were not taxpayers. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the petition was filed. Mr. McMahon explained to Mr. DeRyckere that the law specifies "property owners" and the church if it owned property would have a vote on the matter. Mr. DeRyckere explained that the petition submitted by Mr. Gosztola included the names of the people living on the church property. Mr. Fred Ullery, 734 East Ireland Road, stated that there were nine property owners on Hawbaker Street, five of whom were against the sewer project. He stated that it had been explained to the residents originally that the petition being submitted to the Board was merely an inquiry for a cost estimate and not an indication of their support of the project. He stated that he was opposed to the project. Mr. McMahon explained that the Engineering Department would review the petitions filed and check the property owners in the area. He stated that it appeared the Bullards signed both petitions, and he stated that if they were opposed to the project, they should contact the Board and so inform it. He stated that the Board would make a decision on whether or not to proceed with the sewer project at the December 8th meeting of the Board, and this determination would be based on the wishes of the majority of the property owners. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the matter was continued to the December 8th Board meeting. VACATION RESOLUTION NO. 3500. 1980 - CONFIRMED (JACKSON STREET This was the date set for holding a public hearing on Vacation Resolution No. 3500, 1980, for the vacation of Jackson Street from Prairie Avenue north to the first east -west alley north of Prairie Avenue. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri - County News which were found to be sufficient. It was noted that a notice had been sent to all property owners in the vicinity of the proposed vacation and letters had been received from the various city agencies indicating that there was no objection to the proposed vacation. Mr. Bela Keresztes, 1969 Prairie Avenue, stated that he desired to have the street vacated since it had been laying idle for many years. Mrs. Virginia Wolford, 1908 South Jackson, stated that she was in favor of the vacation since the road was only being used by speeding motorcyclists and was a dumping ground for trash and garbage. Mr. Albert Kovacs, 1605 South Jackson, stated that he was the owner of the Budapest Knight Restaurant and he was supporting the vacation of the street. There was no one present to remonstrate against the vacation. There was a question raised regarding the vacation and how it would revert to the property owners. Mr. Keresztes stated that the city had previously taken his property for the street. Mr. McMahon stated that, if what Mr. Keresztes stated was true, the vacated portion of Jackson Street probably would revert back to him. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the Board confirmed the Vacation Resolution and ordered preparation of the Assessment Roll to be filed on December 1, 1980. ASSESSMENT ROLL HEARING - VACATION RESOLUTION NO. 3498, 1980 (BENDIX DRIVE) This being the date set, hearing was held on the Assessment Roll with respect to Vacation Resolution No. 3498, 1980, for the vacation of Bendix Drive from the southerly line of the Conrail Railroad right -of -way to a point 489 feet northeast, and the first east west alley south of Linden Avenue from Bendix Drive to a point approximately 135 feet east, City of South Bend. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri- County News which were found to be sufficient.