12/08/1980 Board of Public Works Minutes

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i REGULAR MEETING DECEMBER 8, 1980 property would have gone through. Mr. Kernan stated that again, the Board could not address that matter since it was irrelevant . to the question of whether or not there was a majority of the property owners in favor of the project. Mr. Fred Ullery, 734 E. Ireland Road, wondered why the Board would not hold its decision temporarily. He stated that, two weeks ago when the original hearing was held, there were five property owners against the project. Mr. Hill stated that the reason the hearing was continued to this meeting was to allow time to determine whether or not the Bullards were in favor of or).against the project since their name had appeared on the original petition and the remonstrance. He stated that now the Bullards have stated they are in favor of the project and there were five property owners, or a majority, in favor of it. He further stated that all the Board can do is determine who is in favor and who is not, and the Board would have no authority to refuse the project since the majority was in favor of.it. Mr. Ullery felt the original petition could not be classified as a petition in favor of the project, but merely a request of the property owners to have the city prepare plans and figures on an estimate of what the project might cost if the residents chose to have the sewers put in. Mr. Kernan advised that, at the public hearing held on November 24th, there was no opposition from the residents to continuing the matter to this meeting. He pointed out that, based on the amount of assessed valuation and footage of property involved, those persons petitioning for the project constituted a greater number of assessed property for the project. Mr. Ullery maintained that the residents had been misled. He wondered if the cost of the sewer would be based on the usage by the taxpayers, and he asked about the church property. Mr. Leszczynski was of opinion that the church already had sewers available to it. Mr. Ullery stated that it had been felt the school property did not have adequate sewage facilities because the area upon which it stood was too low. Mr. Leszczynski stated that the school could hook up if it chose to do so. Mr. Kernan again tried to assure the residents against the project that the sewer would not be over -taxed and that, if this would be the case, the city would not allow the church or school to hook up to it. Mr. Ullery asked who was respon- sible if the sewer backed up in the residents' homes. Mr. Leszczynski stated that, if there was a problem with the main line, the city would assume the responsibility. Mr. Kernan asked if there was anyone else who wished to speak regarding the matter. Mr. John Smith, 626 E. Ireland Road, asked about the legality of charging $6.50 per month even though some of the property owners may not wish to hook up to the sewer immediately. Mr. Leszczynski stated that this was provided for in the city ordinances, and Mr. Crone also stated that State Statutes provide for this and also require the municipalities to mandate residents to hook up to the sewers. Mrs. John Smith expressed concern over the residential change in the neighborhood since Mr. Gosztola's property had been rezoned for the doctor's office. She felt the residents were opposing matters that directly affected their neighborhood and still the projects went through. Mr. Kernan concluded by stating that the question is whether or not a majority of the property owners were in favor of the project and, since a majority was, the Board would have no choice but to proceed with the project. Mr. Smith asked about a timetable for construction, and Mr. Leszczynski advised that construction would probably take place in the spring. Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, the public hearing was closed and the Engineering Department was instructed to prepare the necessary plans and specifications in order to advertise for bids on the project. 1 L _J u