07/27/1981 Board of Public Works Minutes

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21 REGULAR MEETING JULY 27, 1981 she was the attorney representing J. L. Cronk Investments, owner of one of the properties abutting the alley. She objected to the vacation since it would land -lock her client's property. She stated that her client had never received notice of the proposed vacation but had read about it in the newspaper. Mr. Leszczynski noted that all affected property owners had been notified and the Assessor's Office had shown Nolan Ferguson Investments as owner of the property in question, and that firm had been duly notified. Ms. Luks advised that Nolan Ferguson no longer owned the property. Mr. Kernan explained that the Board members, after an inspection of the alley, considered vacating only a portion of the alley, that portion running westerly from Chapin Street to the westerly property line of Lots 5 and 8 in Kunstman lst Addition, which would, in effect, not landlock any parcel of"land in the entire block. The Board members explained to Ms. Luks that her client would have access to his property from Oak,.Cushing and Lincolnway West, and they also pointed out that the north -south alley adjacent to Mr. Cronk's Property on the east would not be vacated and would remain as public right-of-way. Mr. Kernan also stated that Louie's Tux Shop had agreed to give an easement to one of the property owners which would be included in the portion of the alley to be vacated. (, Upon a motion made by Mr. Kernan, seconded by Mr. Leszczynski and carried, the vacation of that portion of the alley running westerly from Chapin Street to the westerly property line of Lots 5 and 8 in Kunstman lst Addition was approved, subject to the granting of an easement by Louie's Tux Shop to Hartie and Louise Blake for access to their property fronting on Oak Street. Thus, the Board confirmed the Vacation Resolution and ordered preparation of the Assessment roll to be filed on August 3, 1981. APPROVAL OF CHANGE ORDER NO. 6 - RITSCHARD BROS. (FIRST BANK CENTER) Mr. Leszczynski stated that Ritschard Bros., Inc. had submitted Change Order No. 6 for an increase in its excavation contract on the First Bank Center Porject in the amount of $522.50 for .additional granular fill at the southeast corner of the project. The change order increased the total contract to $498,564.57. Mr. Leszczynski noted that.the construction manager, architect and Department.of Redevelopment had reviewed the change order and had found it to be in order. Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the above change order was approved. DENIAL OF OPEN AIR STAND LICENSE - RIVER BEND PLAZA (LORETTA KING) Mr. Patrick M. McMahon, Director of the Department of Redevelopment, submitted an unfavorable recommendation to the Board for an open air stand license application of Loretta King for a food and beverage stand on River Bend Plaza, in view of the fact that the stand would constitute a direct conflict with a number of existing businesses located on and adjacent to the Plaza. Upon a motion made by Mr. Kernan, seconded by Mr. Leszczynski and carried, the open air stand license application of Loretta King was denied. APPROVAL -OF OPEN AIR STAND LICENSE - RIVER BEND PLAZA (MICHAEL HARMON) A favorable recommendation was received from Mr. Patrick McMahon, Director of the Department of Redevelopment, and the Downtown South Bend Council, concerning the application for an open air stand license on the Plaza for the operation of a frozen yogurt stand through October 1, 1981. It was noted that the stand would be located wherever an electrical outlet was provided. Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the applica- tion was approved, subject to the filing of the appropriate Certificate of Insurance and a subsequent inspection by the Health Department. ^Subsequent to July 27th meeting, error was discovered. Change order should have been No. 1 to Ritschard contract #126, making that new contract sum $14,522.50. Contract #101 has already been closed out. See minutes of August 21st meeting.