10/28/02 Board of Public Works Minutes

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"2.e9 REGULAR MEETING OCTOBER 28, 2002 occupancy is by non-residents. The study shows that the parking occupancy does not meet Code criteria. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the request for the establishment of a residential parking zone in the 300 block of East Milton was denied. FAVORABLE RECOMMENDATION - REQUEST TO VACATE AN ALLEY Mr. Gilot indicated that the Common Council has submitted to the Board a Vacation Petition as completed by Mr. Richard Deahl, Barnes & Thornburg, South Bend, Indiana, to vacate the following alley: The first north/south alley east of Michigan Street from Navarre Street to Bartlett Street for a distance of 5 86 feet and a width of 14 feet. Being a part of Rockstroh Brothers Subdivision in the City of South Bend, St. Joseph County, Indiana. Mr. Gilot advised that the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Area Plan Commission, Police Department, Sanitation, Department of Economic Development and the Department of Public Works. The Fire Department stated they would need to see future plans for development in conjunction with fire and safety protection. Area Plan stated that by the information provided on the petition, it is unclear whether or not the petitioner owns at least 50 percent of the land adjacent to the alley. Also, many of the properties along the alley need the alley to gain access to either parking areas and/or the rear of their buildings. If the alley is vacated then some of the adjacent property owners will not have sufficient access to their property. Area Plan recommends that a cross -access easement be created for all potentially aggrieved property owners. If adequate access to these properties is not obtained through such an easement, Area Plan recommends denial of the petition to vacate the alley. In addition, it is recommended that utility easements be created as necessary. Memorial Hospital and/or their partner own all the properties. Therefore, Mr. Inks made a motion that the Board send a favorable recommendation to the Common Council concerning this Vacation Petition. Mr. Littrell seconded the motion which carried. ADOPT RESOLUTION NO. 65-2002 - DISPOSAL OF CITY OWNED PROPERTY Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 65-2002 WHEREAS, I.C. 36-9-6-1 gives the Board of Public Works of the City of South Bend the right and duty to have custody of, control of, use of, and dispose of in accordance with Indiana statutes, all real and personal property owned by the City of South Bend; and WHEREAS, the Common Council of the City of South Bend passed as amended on January 11, 1988, Ordinance No. 7847-88 which mandates the Board of Public Works of the City of South Bend to determine that the sidearm of a police officer who retires in good standing is surplus property and no longer useful to the City of South Bend; and WHEREAS, CHIEF LARRY BENNETT retired from the South Bend Police Department after twenty (20) years of service and the Board of Public Safety of the City of South Bend has determined that he has retired in good standing; and WHEREAS, I.C. 36-1-11-6 permits and establishes procedure for disposal of personal property which is no longer needed by the City and which is unfit for the purpose for which it was intended; NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that sidearm Serial No. AD17450 a .40 caliber Sig -Sauer sidearm, is no longer needed by the City and is unfit for the purpose for which it was intended and has an estimated fair market value of less than Five Hundred Dollars ($500.00).