11/29/82 Board of Public Works Minutes

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5, REGULAR MEETING NOVEMBER'29', 1982 been scheduled at this time and all property owners within 200 feet of the alley had been duly notified. He further advised that favorable comments in support of the vacation had been received from the Engineering Department, Area Plan Commission and Community Development Department, provided that property be dedicated for a 12-foot wide right-of-way for the easterly extension of the alley, the construction of which is to be made to the satisfaction of the City Engineer. Mr. Anthony Zappia, Attorney at Law, 52582 U.S. 31 North, South Bend, Indiana, stated that he represented the petitioners in the vacation proceedings. He advised that his clients were willing to dedicate to the city the required six feet off the north end of Lot 5 for the extension of the alley. In addition, Mr. Robert Silver, owner of Lot 6, was willing to dedicate the southerly six feet of his property in order to create a 12-foot alley extension to Arnold Street. Mr. James Dillard, 1028 Napier Street, who earlier had informed the Clerk that he objected to the closing of the alley, had discussed the matter with Mr. Zappia and was satisfied with the easterly extension of the alley to Arnold Street. Mr. Zappia advised that many persons in the immediate vicinity, including Mr. Dillard, were not aware that they had, in the past, been using private property as an alley. There was no one present to speak against the alley vacation. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the public hearing was closed. Upon a motion made by Mr. Hill, seconded by Mr. Leszczynski and carried, a favorable recommendation for the vacation of the above right-of-way was forwarded to the Common Council, subject to the maintenance of all utility easements, and the conveyance of certain property required to create a 12-foot easterly extension of the existing alley to Arnold Street as proposed. APPROVE PETITION FOR REZONING - 316 S. ST. JOSEPH STREET Mr. John B. Ford, Attorney at.Law, practicing at 1800 American National Bank Building, explained that a petition would be submitted to the Common'Council in the near future for the rezoning of what was formerly the Quality Inn at 316 S. St. Joseph Street. He stated that the city was the.legal owner of the property because of the foreclosure on the hotel mortgage revenue bonds previously approved by the Economic Development Commission. He advised that St. Joseph Tower, Inc. has been formed to acquire and manage the property which was proposed to be used as elderly housing; however, the property.has not been sold as yet. He stated that the St. Joseph Bank & Trust Company was expected to take title of the property on behalf of St. Joseph Tower, Inc. and it would be necessary to rezone the property from commercial to A-3, mixed -use multi -family residential and commercial district in order to use it as intended. Mr. Ford asked that the city join in the rezoning petition because of its current status as legal owners. He added that, by the time the rezoning petition was submitted to the Council, the city should have no further interest in the title to the property. Mr. Hill stated that, in order to facilitate the process and because the city was named as owner of the property by virtue of the fact that revenue bonds had been issued for its former use, he felt the Board should sign the petition for rezoning. Upon a motion made by Mr. Hill, seconded by Mr. Leszczynski and carried, the petition was approved and executed. APPROVE CERTIFICATE OF SUBSTANTIAL COMPLETION - FIRST BANK CENTER (AUTOMATIC SPRINKLED. CORPORATION) Mr. Leszczynski advised that,a Certificate of Substantial Completion and Waiver of Lien indicating a total construction cost of $80,279.00 for the sprinkler and fire protection portion of the First Bank Center Project was submitted by Automatic Sprinkler Corporation, said Certificate having been approved by the Construction Manager and Architect for the project. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the Certificate of Substantial Completion was approved and the Waiver of Lien filed. 1