09/16/85 Board of Public Works Minutes

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REGULAR MEETING SEPTEMBER 16, 1985 1 The regular meeting of the Board of Public Works was convened at 9:34 a.m. on Monday, September 16, 1985, by President John E. Leszczynski, with Mr. Leszczynski and Ms. Katherine G. Barnard present. Board member Michael L. Vance was not in attendance. Also present was Assistant City Attorney Carolyn V. Pfotenhauer. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Ms. Barnard, seconded by Mr. Leszczynski and carried, the minutes of the September 9, 1985, regular meeting of the Board were approved. PUBLIC HEARING AND FAVORABLE RECOMMENDATION - ALLEY VACATION: 1ST N/S ALLEY WEST OF PORTAGE AVENUE RUNNING N. FROM THE N. RIGHT-OF-WAY LINE OF KING STREET TO THE 1ST INTERSECTING E/W ALLEY This was the date set for the Board's Public Hearing on a proposed alley vacation described as the first north/south alley west of Portage Avenue running north from the north right-of-way line of King Street to the first intersecting east/west_alley; for a distance of one hundred eighteen feet (1181), bounded on the west by lot 7 of Poli's first addition, and on the east by lot A of the Victory Addition. It was noted that this Public Hearing was being held in order for the Board to submit a recommendation to the Common Council concerning the Vacation Petition filed by Jeanette Slaby, 1321 King Street, South Bend, Indiana and 1st Source Corporation, Larry E. Lentych, Treasurer, 1431 Portage Avenue, South Bend, Indiana. It was further noted that pursuant to South Bend Municipal Code Section 18.53.8, owners whose property abut the proposed alley to be vacated were notified of the Board's Public Hearing date. There being no one present wishing to speak either for or against the proposed alley vacation, and no written objections having been filed with the Board, upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the Public Hearing on this matter was closed. Mr. Leszczynski advised that favorable comments have been received from the Engineering Department and Area Plan Commission concerning this proposed alley vacation. Therefore, upon a motion made by Mr. Leszczynski, seconded by Mr. Ms. Barnard and carried, the Clerk was instructed to forward to the Common Council a favorable recommendation on the above. referred to alley vacation subject to any and all utility easements. APPROVE DOCUMENTS RELATING TO THE PALAIS ROYALE PROJECT: 1. FIRST AMENDMENT TO LEASE WITH TRUST NO. 30560 2. GRANT AGREEMENT BETWEEN THE CITY OF SOUTH BEND AND SOUTHOLD HERITAGE FOUNDATION, INC. 3. ESCROW AGREEMENT WITH NATIONAL BANK & TRUST COMPANY OF SOUTH BEND, CITY OF SOUTH BEND, SOUTHOLD HERITAGE FOUNDATION, INC., AND TRUST NO. 30560 - PALAIS ROYALE 4. CONSENT TO AND ACKNOWLEDGMENT OF ASSIGNMENT AND AGREEMENT TO SUBORDINATE LEASE TO MORTGAGE Mr. Richard L. Hill, City Attorney, was present at the meeting and advised the Board that the above referred to documents are a continuation of the implementation of the Palais Royale Project. He stated that previously the Board approved the lease of 21,000 square feet constituting expansion of the Morris Civic Auditorium into the Palais Royale structure. The donation of private funds of $231,000.00 will constitute a loan with the parties to that loan being Southold Heritage Foundation and owners of the facility.