02/05/1979 Board of Public Works Minutes

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379 REGULAR MEETING FEBRUARY 5, 1979 A regular meeting of the Board of Public Works was convened at 9:30 a.m, on Monday, February 5, 1979 by President Patrick M. McMahon, with Mr. McMahon and Mr. Mullen and Mr. Brunner absent. Deputy City Attorney Terry A. Crone was in attendance. MINUTES OF PREVIOUS MEETING APPROVED Mr. Mullen reported that the minutes of the January 29, 1979 meeting had been reviewed and he made a motion that the minutes be approved as submitted. Mr. McMahon seconded the motion and it carried. AGENDA ITEMS ADDED Mr. McMahon noted receipt of a request for an Open Air Stand and a petition regarding a license application at 2201 Bertrand Street after the posting of the meeting agenda. He made a motion that the items be added to the agenda. Mr. Mullen seconded the motion and it carried. OPEN AIR STAND APPROVED - BENDIX AND ARDMORE The Board received an application from Steve Emerson to operate an Open Air Stand on Gene's Restaurant Parking Lot on Bendix Drive at Ardmore Trail on February 6, 7, 8 and 9 for the sale of cookware, glasses, flight bags, burger makers, radios and cutlery. Attached to the application was the written permission of the property owner for the operation of the stand. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the application was approved, subject to the purchase of the necessary vending license. FILING OF REMONSTRANCE PETITION - DANCE HALL LICENSE, 2201 BERTRAND Councilman Walter Szvmkowiak submitted to the Board a petition signed by one hundred and ten residents remonstrating against the application of Anna Phillips to operate a teen --age night club at the location of Kubiak's Tavern, 2201 Bertrand Street. 11r. Szvmkowiak was present and advised the Board that he is opposed to the granting of the license because this type of operation tends to become a nuisance and degrade residential neighborhoods and increase the crime rate. Mr. Szvmkowiak pointed out that the King Center is in operation and provides a place for amusement in the area. Mr. McMAon noted that the original application and a recommendation for denial from the Police Department have been referred to the Legal Department for review and recommendation. He made a motion that the petition be filed and referred to the Legal Department. Mr. Mullen seconded the motion and it carried. VACATION RESOLUTION NO. 3468 CONFIRMED This was the date set for holding a public hearing on Vacation Resolution No. 3468 for the vacation of the first east -west alley south of Colfax Avenue east from Birdsell Street to the first north -south alley, a distance of 115.5 feet. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri- County News which were found to be sufficient. Odell Newburn was present to speak for the petitioners, the Pilgrim Baptist Church. Mr. Newburn advised the Board that the church owns the property on both sides of the alley and proposes to construct a senior citizens apartment building. The north -south alley will remain open to provide access by emergency vehicles. Mr. McMahon noted that the petition received a favorable recommendation from the Community Development Department, the Area Plan Commission Staff and the Engineering Department. No remonstrators were present and no written remonstrances were filed with the Board. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Vacation Resolution was confirmed and referred to the Engineering Department for preparation of an Assessment Roll.