03/11/74 Board of Public Works Minutes

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REGULAR MEETING MARCH 11, 1974 A regular meeting of the Board of Public Works was convened at 9:30 a.m. on Monday, March 11, 1974 with all members present. City Attorney James A. Roemer was also present. Minutes of the previous meeting were reviewed and approved. NELSON WORDEN - REQUEST TO DISTRIBUTE HANDBILLS Mr. Nelson Worden was present and requested permission to distribute handbills in the downtown area regarding a lecture series to be sponsored by the Gospel Center Missionary Church, They would like to pass out the handbills in the vicinity of the State Theatre, where the movie "The Exorcist" is playing. Mr. James A. Roemer, City Attorney, commented that he had reviewed the Municipal Code in regard to this matter and it appeared that the Board of Public Works would not have the right to approve or disapprove such a request. He then read from the Code, Chapter 3, Section 3-3, which stipulates that no advertising material can be distributed on the City streets or sidewalks. He read further that such material may be distributed if it is handed in at a residence or office or securely fastened to the door. Mr. Roemer noted that this was a City Ordinance passed by the Common Council. Mr. Barcome advised Mr. Worden to contact the State Theatre management to inquire whether these handbills could be passed out inside the theatre. �+ WELCOME EXTENDED TO GENE EVANS, DIRECTOR, CIVIC PLANNING ASSOCIATION n Mr. Barcome extended a welcome to Gene Evans, new Executive Director of the Civic Planning Association. The other Board members and Mr. Roemer also welcomed Mr. Evans V and wished him well as he assumes his duties. Mr. Barcome commented that Miss Virginia Guthrie would be missed and that he appreciated all the help she had given to him. PUBLIC HEARING ON VACATION RESOLUTION NO. 3394, 1974 This being the date set hearing was held on Vacation Resolution No. 3394, 1974 for the vacation of the east -west alley between Madison and Marion Streets, running from the east right of way line of Michigan Street to west right of way line of the first norty-south alley east of Michigan Street. The east -west alley between Lots No. 139 and 139 in the original plat of South Bend. Timothy Woods, Attorney, 1800 American National Bank Building, was present representing the Milton Home, owners of property behind this alley. Mr. Woods did not want to be heard as remonstrating against the alley vacation. He merely wanted to point out that this alley vacation, if approved, would limit .the access to the Milton Home property by the general public. Mr. Woods also inquired whether this alley vacation would affect any future plans for the Madison Street Bridge. He said the Milton Home had petitioned for the vacation of another alley in this area some years ago and they were turned down because plans for the exact location of the bridge were not final. Mr. Barcome said vacation of this alley would have no effect on the proposed Madison Street Bridge and said that it was a previous Board which turned down the Milton Home petition. Mr. Steve Lilly, representing McDonalds, said that the alley, as it is vacated, would not be closed off. They are considering moving the present curb cut further north, but the alley vacation would not appreciably affect ingress and egress to the Milton Home property. Mr. Charles Spiher, 2603 S. Twyckenham, owner of the Mar Main Pharmacy at 426 N. Michigan Street, spoke in favor of the vacation. Mr. Spiher said that the McDonald Corporation has a reputation as a high class fast food operation and the addition of a new building in the area would be a favorable one for the adjacent property owners. Mr. Roemer then informed the Board that he has an agreement from the FRC Corporation releasing any lease -hold interests they have, in the property they are now leasing, to the City of South Bend. Mr. Roemer asked Mr. Lilly if the FRC Corporation and McDonald's are the same. Mr. Lilly replied that in the State of Indiana McDonald's operates as the Franchise Realty Corporation. Mr. Roemer then noted that the agreement calls for the City to issue a quitclaim deed to the property if it is vacated. This is not standard procedure in an alley vacation and he requested that Mr. Lilly have that wording deleted from the agreement and present it to the Board for approval at the time the Assessment Roll hearing on the vacation is held: Upon motion made, seconded and carried, the Board ratified and confirmed Vacation Resolution No. 3394, 1974 and said alley is vacated. The City Engineer is directed to prepare an assessment roll showing the award of damages and the assessment of benefits to the surrounding properties.