04/29/74 Board of Public Works Minutes

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REGULAR MEETING APRIL 29, 1974 A regular meeting of the Board of Public Works was convened at 9:30 a.m. on Monday, April 29, 1974 with all members present. City Attorney James A. Roemer was also present. Minutes of the previous meeting were reviewed and approved. PUBLIC HEARING - VACATION RESOLUTION NO. 3399, 1974 This being the date set, hearing was held on Vacation Resolution No. 3399, 1974 for the vacation of the 14' alley extending from the north line of Mishawaka Avenue north along and immediately west of the west line of -Lot 715 in Whitcomb & Keller's Sunnymede Third Addition to northwesterly corner of the northerly line of Lot Nos. 715, 716, 717, 719, 720 and 721 in said addition to the northeast corner of said Lot 721 and the west line of the first north -south alley. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri-County News on April 5 and Apri.1.12, ;1974.which.were found to be. suff:icient . Mr. Richard Morgan, Attorney for the petitioner, Burkhart Advertising Company, was present. Mr. Morgan said the alley has not been used and the petitioner is seeking to vacate it in order to expand his present building. No remonstrators having appeared and no written remonstrances having been filed, Q upon motion made, seconded and carried, the Board ratified and confirmed Vacation CD Resolution No. 3399 and said alley is vacated. The City Engineer is directed to prepare an Assessment Roll showing the award of damages and the assessment of benefits to the surrounding properties. PUBLIC HEARING - VACATION RESOLUTION NO. 3398, 1974 This being the date set, hearing was held on Vacation Resolution No. 3398, for the vacation of a portion of Chippewa Avenue from the west line of the Miami Hills Addition southwest and west a distance of 765.07 feet. All in the property of the First Community Development Corporation. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri-County News on.April.5 and April 12, 1974 which were found to be sufficient. No remonstrators having appeared and no written remonstrances having been received, upon motion made, seconded and carried, the Board ratified and confirmed Vacation Resolution No. 3399 and said alley is vacated. The City Engineer is directed to prepare an assessment roll showing the award of damages and the assessment of benefits to the surrounding properties. WILLIAM E. MOORE RE: SALE OF FLOWERS FROM STANDS Mr. William E. Moore., WEM Distributors, was present. Mr. Moore said he purchased four peddler's licenses for selling flowers but had been informed that if his people sold flowers they would be subject to arrest. Mr. Moore asked the Board what his position is. Mr. James A. Roemer, City Attorney, made a statement to the Board. Mr. Roemer explained two sections of the Municipal Code which refer to selling. Section 7-55 refers to itinerant produce sellers or pack peddlers. That license authorizes them to sell from a truck or vehicle fruits, vegetables or garden produce or from house to house. Mr. Roemer said WEM did purchase four licenses of this type. The licenses list the address of 4205 Western Avenue. Mr. Roemer said, since the City of South Bend did issue these licenses, it has an obligation to follow through with these four licenses. Mr. Roemer recommended to the Board that no more licenses be issued for the selling of flowers under this particular section of the Code, since they would not be operating as peddlers. Mr. Roemer then explained the section of the Code which would be applicable. Under Section 7-69, the operation is designated as an open air stand. This license specifies a particular location and is more expensive. If the stand operates on private property, the firm must have permission from the owner of the property. If the stand operates on public property, they must have permission from the Board of Public Works and the operation must be in conformity with existing zoning regulations. Mr. Roemer recommended that any further licenses purchased by the WEM Distributing Company should be for Open Air Stands and should specify a location. Mr. Roemer then suggested that the Board ask Mr. Moore to specify four locations where he wanted to use the four