08/22/88 Board of Public Works Minutes

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REGULAR MEETING AUGUST 22, 1988 Mr. Masters stated that the proposed street to be vacated was dedicated but never improved. He stated that Clark Information Technologies was one of the first businesses to locate in the Landmark Business Park and when they first moved to that location, they had the option to purchase additional property. If they did, Clark Drive would have connected the properties. However, Clark Information Technologies did not exercise that option and therefore the street has never been improved and does not exist except on the original plat. Mr. Masters further advised that the purchaser of the land to the north of the Clark building wants more land than originally platted and the property will be replatted to obtain a five (5) acre parcel. In the replat, Clark Drive will be eliminated. He stated that the purchaser does not want Clark Drive and Clark Information Technologies has joined as a Petitioner in the vacation of the street to accommodate the purchaser. Mr. Masters reiterated that the street has not been improved and is not needed for access. Further, eliminating this dedicated street will not cut-off any access to anyone. Mr. Steve Ellison, Coldwell Banker, 3522 Grape Road, Mishawaka, Indiana, addressed the Board and advised that Bahr, Inc., a plastics firm, is the purchaser of the property. They will be closing their Buchanan, Michigan operation and building a structure of approximately thirty to forty thousand square feet in Landmark Business Park. Mr. Ellison informed the Board that Bahr, Inc. is a major contractor with automotive companies. Should the street be vacated, it would provide for thirty (30) more feet of frontage by making the land thirty (30) feet wide which would make it a more suitable lot for them and provide for a better configured plan. There being no one else present wishing to speak either for or against the proposed vacation, and no written objections having been filed with the Board, upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the Public Hearing on this matter was closed. Mr. Leszczynski advised that the Board has received a number of comments regarding this vacation and that the Area Plan Commission has advised that the legal description submitted with the Vacation Petition is incorrect and does not correspond with actual plat of the street. Mr. Leszczynski stated that the legal description contains a minor discrepancy that should be corrected. Mr. Masters informed the Board that he was made aware of the error and was therefore prepared to submit to the Board a new legal description as prepared by Larry E. Vanosdol & Associates, Inc., Surveyors. Mr. Masters stated that even though a precise legal description is not required, he is submitting an amended legal description and asked that the Board accept the Petition with the amended legal description. Therefore, upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the Clerk was instructed to forward to the Common Council a favorable recommendation on the above referred to street vacation subject to the revision of the legal description as described above and subject to any and all utility easements. PUBLIC HEARING REGARDING SUSPENSION OR REVOCATION OF AUTOMOTIVE REPAIR AND SERVICE CENTER LICENSE AND CONTINUANCE OF MATTER - BUD`S WRECKER SERVICE Ms. Jenny Pitts Manier, Assistant City Attorney, addressed the Board and advised that she represents the City Controller's office in the above referred to matter. Ms. Manier stated that pursuant to Section 4-16 of the South Bend Municipal Code, the Board has been designated by the Mayor to