08/09/82 Board of Public Works Minutes

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371 REGULAR MEETING AUGUST 9, 1982 Mr. Leszczynski advised that Mr. William Penn, Manager of the Street Department, was requesting permission to scrap two obsolete street sweepers which have been almost completely stripped of all usable parts. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above resolution was adopted. ADOPTION OF RESOLUTION NO. 21, 1982 APPROVE LEASE OF PORTION OF ALLEN'S ALLEY Mr. Leszczynski advised that the Board was being requested to consider the lease of a portion of Allen's Alley to Senor Kelly's Mexican -Irish Cafe as an outdoor restaurant area. The area in question consisted of a 17.5 by 110' parcel immediately adjacent to the existing building in which the restaurant would be housed extending from Woodward Court to Michigan Street. Mr. Leszczynski stated that the alley at present was public right-of-way and, although closed to vehicular traffic, had not been vacated but landscaped and used as a pedestrian walkway. Mr. Jon R. Hunt, Director of the Department of Redevelopment, submitted a favorable recommendation to the Board for the leasing of a portion of the alley to Senor Kelly's Restaurant provided the provision of adequate public walkway from Michigan Street to the service drive and Colfax Garage be addressed, in addition to maintenance responsibilities. Mr. Edgar Davis, President of Senor Kelly's, residing at 1240 Eaton Drive, stated that he was indeed very interested in,leasing a portion of the alley for use as an outdoor garden adjacent to his building. He advised that he would be happy to accept maintenance responsibilities, including snow removal and general upkeep of the area in question. He stated that, prior to actually commencing with any construction of the outdoor garden, provided the lease of the property to him was approved, plans and drawings would be submitted to the city showing exactly what construction would take place. Mr. Kernan supported lease of the public right- of-way in view of the favorable recommendation received from the Redevelopment Department and given the fact that an establishment would be opening in the downtown area which would greatly enhance the area. He felt the city should proceed with negotiations on the lease of the property. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the public hearing on the matter was closed. Mrs. Pfotenhauer advised that, in accordance with state statutes, the Board needed to determine the desirability of leasing the right-of-way in question and then proceed to obtain appraisals of the property in order to advertise for bids on its proposed lease. Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, the following resolution was adopted: RESOLUTION NO. 21, 1982 WHEREAS, the Board of Public Works of the City of South Bend, Indiana, has been designated by the Mayor as the body which gives notice, .conducts hearings, and makes recommendations as to the desirability of sale or lease of city -owned property, pursuant to I.C. 36-1-11-3; and WHEREAS, the City of South Bend, Indiana, is the owner of a 14-foot alley extending from Main Street to Michigan Street and bounded on the north by Colfax Avenue and on the south by Washington Street; and WHEREAS, said public right-of-way officially referred to as Columbus Court has been landscaped and closed to vehicular traffic although not officially vacated, and is commonly referred to as Allen's Alley; and