06/12/1978 Board of Public Works Minutes

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149 REGULAR MEETING JUNE 12, 1978 VACATION RESOLUTION NO. 3459 .CONFIRMED (GATES REALTY This was the date set for holding a public hearing on Vacation Resolution No. 3459 for the vacation of Franklin Street, from Western Avenue north to Wayne Street. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri- County News which were found to be sufficient. Mr. McMahon noted that the Area Plan Commission held a public hearing on this petition and has recommended it favorably to the Board. William McInerny, Attorney representing Gates Realty Corporation, Van E. Gates and Gates Chevrolet Corporation, spoke in favor of the resolution. He noted that Gates owns the property abutting the street. A new truck sales office, reconditioning shop and parts department are located on the street, all generating a lot of traffic and parking. Vacating the alley to improve parking and access to the area will be less hazardous and will be in the best interests of the general public. Van E. Gates was present and he noted that Gates has been in the area for thirty -nine years and has practiced its' own form of urban renewal in the area. Some sub - standard structures have been removed and the property improved. Mr. Gates said they have no intention of building anything across this street. He had a meeting with the Fire Chief and has agreed to keep the street open at both the north and south ends to allow for fire protection in the area. He submitted a letter to the Fire Department agreeing to keep access to the street from the north and the south open for fire lanes. Mr. Gates said about eighty per cent of the traffic in the area is for parts and service business for Gates Chevrolet Co. He submitted letters from Gurley -Leep Buick and from Sears Roebuck & Company supporting the vacation petition. Mr. Gates said his company believes in downtown and wants to stay downtown, pointing out that it would be easier to move to a suburban area with many acres of land available. He said they have come to an equitable agreement with Mr. Schilling on what Schilling's considered an impediment to the vacation. Mr. Charles Schilling addressed the Board and said he had originally objected to the vacation because he thought the street was going to be,closed and this would hamper access to his business. He said if the street is going to remain open he would give the vacation his blessing. He noted there are some problems with heavy traffic going to Gates garage blocking the entrance to the alley next to his business at 329 S. Lafayette and some congestion caused by cars going into the Gates lot on the right side of Lafayette and said he has spoken to Mr. Gates to try to get those problems resolved. He said police enforcement of any blocking of the alley entrance would help. There were no further comments made regarding the vacation. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Board confirmed Vacation Resolution No. 3459 and directed that an Assessment Roll be prepared. HEARING ON DENIAL OF OPEN AIR STAND LICENSE AT OLIVE AND SAMPLE._ The application of William E. Moore for an open air stand at the corner of Olive and Sample Street for the sale of fireworks was denied by the Board. Certified notice of a hearing today was sent to William E. Moore, d /b /a G & M Enterprises, 48391, N. Damen, Chicago, Illinois and Lavern Przygocki, 1715 Portage Avenue. Receipts for delivery of the certified letters sent both individuals were received from the Post Office. Neither Mr. Moore or Mr. Przygocki were present. Deputy City Attorney James A. Masters advised the Board that, according to the Municipal Code, Section 1 -18, the basis for denial of a permit could include evidence of violation of any City ordiance. The Building Commissioner has been advised by a resident in the area that the home at 1715 Portage Avenue is allegedly being used for the distribution of flowers. A van with Illinois license plates has been seen at the address bringing in flowers to be sold from various locations in the City. Such use of