01/28/74 Board of Public Works Minutes

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M REGULAR MEETING JANUARY 28, 1974 A regular meeting of the Board of Public Works convened at 9:30 a.m. on Monday, January 28, 1974 with all members present. City Attorney James A. Roemer was also present. Minutes of the previous meeting were reviewed and approved. PETITION TO VACATE ALLEY - CHARLES W. AND ELINOR K. BURKHART Charles W. and Elinor K. Burkhart, et al, file their petition for the vacation of the alley which is 14 feet in width extending from the north line of Mishawaka Avenue in South Bend, Indiana, north along and immediately west of the west line of Lot No. 715 in Whitcomb and Keller's Sunnymede Third Addition to the northwesterly corner of said Lot No. 715; thence northeasterly along and immediately northerly of the northerly line of Lots Numbered 715, 716 and 717 in said addition to the northeast corner of said Lot No. 717. Upon motion made, seconded and carried, the Board referred the petition to the Division of Engineering for preliminary review and recommendation and to the Park Department for their review. ASSESSMENT ROLL - SOUTH MAIN STREET WATER MAIN EXTENSION © The Assessment Roll for the South Main Street Water Main Extension, Chippewa to Ireland, showing amounts assessed against property owners was filed with the Board. A hearing date on the Assessment Roll will be set at a later date. W REQUEST FOR HEARING - McDONALD'S PETITION FOR ALLEY VACATION W Mr. Steve Lilly, Real Estate Representative for McDonald's Restaurant, was present and asked the Board to consider the petition McDonald's has filed for the vacation of the alley just north of their present building. Mr. Lilly said that McDonald's presently leases the property where their restaurant is located and they have tried unsuccessfully to get permission from the lessor to make changes in the present building. They would like to vacate the building they now occupy and build a new restaurant on property they own which borders both sides of the alley they propose to vacate. They are requesting vacation of the alley so that they can proceed with building plans. Mr. Lilly said that McDonald's have no control over the property at the present restaurant site and this is where the right-of-way is needed for the proposed Madison Street Bridge. They have a lease agreement terminating in 1983• Mr. Farrand said that the Board might not find that there were no benefits in this vacation. Mr. Lilly said that McDonald's would be willing to give the City a quitclaim deed to their lease -hold rights in the property. Mr. Lilly informed the Board that Mrs. Hattie Grim, who is listed as the owner of the property where the present restaurant is located, is deceased and he has been attempting to negotiate with her two daughters, Mrs. Abbott Johnson of Tiburon, California and Mrs. Patricia Sinclair of San Marino, California. Mr. Barcome noted that some of this information had not been brought to the Board's attention before today. Upon motion made, seconded and carried, the Board referred this matter to James A. Roemer and David A. Wells, with the request that they meet with Mr. Lilly and make a recommendation to the Board at their meeting next week. CIVIC CENTER CLAIMS Mr. Larry Wartha, Department of Redevelopment, was present and presented a claim for the Architect's Fees for the Civic Center in the amount of $34,875.00. The claim has been approved by Mr. Lennon and the Civic Center Authority. Upon motion made, seconded and carried, the Board approved the claim. PROJECTION COMPLETION AFFIDAVIT AND MAINTENANCE BOND - NEW LONDON LAKES SEWER The Board received the Project Completion Affidavit and Maintenance Bond for the New London Lakes Sewer Project. Mr. Farrand noted that the project has been inspected and approved by the Bureau of Public Construction. Upon motion made, seconded and carried, the Project Completion Affidavit and Maintenance Bond were approved.