07/23/07 Board of Public Works Minutes

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REGULAR MEETING ' ''> ,- JULY 23, 2007 ~. 1 would close their outside cafe at 11:00 p.m., and remove all chairs and tables to clear the sidewalk for all the pedestrian traffic at closing time. Therefore, Mr. Gilot made a motion to deny the request. Mr. Littrell seconded the motion, which carried. FAVORABLE RECOMMENDATION -PETITION TO VACATE THE ENTIRE NORTH/SOUTH ALLEY EAST OF GOLDEN AVENUE AND NORTH OF WOODWARD AVENUE ' Mr. Gilot indicated that Mr. Mike Neises, 1043 Riverside Drive, South Bend, Indiana, has submitted a request to vacate the above referred to alley. Mr. Gilot advised that the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Area Plan Commission, Police Department, Fire Department, Sanitation, Department of Community & Economic Development and the Department of Public Works. Area Plan stated that the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved persons by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place, The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. Fire Department, Engineering, and Community and Economic Development stated there is concern about access of garages by existing adjacent property owners. Therefore, Mr. Littrell made a motion that the Clerk send a letter to the petitioner addressing these cross-access concerns. Mr. Inks seconded the motion which carried. ADOPT RESOLUTION NO. 27-2007 - A RESOLUTION OF THE CITY OF SOUTH BEND. INDIANA, BOARD OF PUBLIC WORKS ACCEPTING THE TRANSFER OF REAL PROPERTY FROM THE SOUTH BEND REDEVELOPMENT COMMISSION Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the following Resolution was adopted by the Board of Public Works: ' RESOLUTION N0.27-2007 A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, BOARD OF PUBLIC WORKS ACCEPTING THE TRANSFER OF REAL PROPERTY FROM THE SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, the City of South Bend, Indiana, Department of Redevelopment (the "Department") is the owner of the real property situated in St. Joseph County, Indiana, and described at Exhibit A (hereinafter referred to as the "Real Property"); and WHEREAS, pursuant to Indiana Code § 36-7-14-3, the South Bend Redevelopment Commission (the "Commission") is the governing body of the Department has the authority to dispose of the Real Property pursuant to Indiana Code § 36-7-14-12.2; and WHEREAS, the City of South Bend, Indiana, Board of Public Works (the "Board") has provided for the renovations of the railroad viaducts on South Michigan Street and South Main Street between Bronson Street and South Street (the "Improvements"); and WHEREAS, the City of the South Bend, Indiana (the "City") has entered into an agreement with the South Bend Transportation Corporation ("Transpo") providing for the Improvements, pursuant to which the City is obligated to transfer the Real Property to Transpo in exchange for Transpo's use of funds for the Improvements; and WHEREAS, the Board, is desirous of accepting the Real Property to the Board, which has custody of all real and personal property of the City pursuant to Indiana Code §36-9-6-3, for the sum of One and 00/100 Dollar ($1.00); and