HomeMy WebLinkAbout04/29/09 Board of Public Works Special MeetingSPECIAL MEETING APRIL 29, 2009 136
The Special Meeting of the Board of Public Works was convened at 1:20 p.m. on Wednesday,
April 29, 2009, by Board President Gary A. Gilot with Board Members Donald E. Inks and John
H. Murphy present. Also present was Board Attorney Cheryl Greene.
- Addition to the Agenda
Mr. Gilot noted the addition of a request to use of the public right-of-way to the agenda.
RESOLUTION NO. 24-2009
A RESOLUTION OF THE CITY OF SOUTH BEND BOARD OF PUBLIC WORKS
RELATED TO ACQUISITION OF PROPERTY IN THE CITY OF SOUTH BEND,
INDIANA
(Miami Road Widening Project; DES # 931900)
WHEREAS, the City of South Bend, Indiana ("City") is a municipality for purposes of Indiana
Code §32-24-2-2; and
WHEREAS, the City has determined that it is necessary to open, change or layout a street
located within the City, to-wit: Miami Road Widening Project ( "Project"), which Project will serve
a public purpose, be of benefit to the health or general welfare of the unit, and be in the best interest
of the citizens of the City; and
WHEREAS, pursuant to Indiana Code §36-9-6-3 and Indiana Code §32-24-2-4, the City of
South Bend, Indiana, Board of Public Works (ABoard@) is the entity vested with the authority and
power to acquire, receive, manage and care for the property of the City and to construct the Project;
and
WHEREAS, in order to properly complete the Project it is necessary to acquire and the City
wants to acquire temporary right-of-way of parcels as set forth in Exhibits "Al — A10" and more
particularly described in Exhibit "BI - B10" ( " Temporary ROW Property"), each Exhibit being
attached hereto and incorporated herein; and
WHEREAS, the Temporary ROW Property is owned by the persons or entities set forth in
Exhibits "Al —A10"; and
WHEREAS, the Temporary ROW Property will be used by the City during construction on
the Project in order to adjust new concrete driveway approaches to match the new roadway being
built, and upon completion of the Project, the Temporary ROW Property will be returned to the
persons or entities set forth in Exhibits "Al —A10"
WHEREAS, the Board desires to authorize staff to present and negotiate offers for the
Temporary ROW Property on behalf of the Board subject to the Board's final approval of any
negotiated purchase of the Temporary ROW Property; and
WHEREAS, the acquisition price of all of the Temporary ROW Property is not expected to
exceed Twenty Five Thousand and 00/100 Dollars ($25,000.00).
SPECIAL MEETING APRIL 29, 2009 137
NOW, THEREFORE, BE IT RESOLVED, by the City of South Bend, Indiana, Board of
Public Works, as follows:
1. The Board hereby finds that the Project and the acquiring of the Temporary ROW
Property will serve a public purpose, will be of benefit to the health or general welfare of the unit,
and be in the best interest of the citizens of the City and that it is necessary for the City to acquire the
Temporary ROW Property for the use of the municipality in order to complete the Project.
2. The staff of the Board is authorized and directed to cause a notice of this resolution to
be published in a newspaper of general circulation published in the City once each week for two (2)
consecutive weeks, setting this resolution for further consideration on May 18, 2009, at 8:30 a, .in
Room 1308, County-City Building, 227 West Jefferson Boulevard, South Bend, Indiana, at which
time and place the Board will receive or hear remonstrances from persons interested in or affected by
this resolution, consider those remonstrances, if any, and take final action confirming, modifying or
rescinding this resolution.
3. The staff of the Board is further authorized to make an offer in writing to the
owner(s) identified in Exhibit "Al - A10" at the concurred-on price stated in Exhibit "A! — A10 11 .
Any negotiated purchase shall be subject to the Board's final approval. In negotiating the offers, it is
understood that the owner(s) of the Temporary ROW Property may change and that staff may
continue to negotiate and secure the Temporary ROW Property prior to the date of final
consideration of this resolution provided that the final amount not exceed Twenty Five Thousand and
00/100 Dollars ($25,000.00).
ADOPTED at the meeting of the City of South Bend, Indiana, Board of Public Works held
on April 29, 2009, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend,
Indiana 46601.
s/Gary Gilot, President
s/John Murphy
s/Donald Inks
ATTEST:
s/Linda Martin, Clerk
USE OF PUBLIC RIGHT-OF-WAY
Mr. Gilot stated that Trio's Restaurant has sent a request to use the bump -out on the comer of
Colfax Avenue and Michigan Street on four Friday's for a First Friday Event Series. They would
like to place a single musician on the comer, and utilize a small grill within their existing caf6
area. Mr. Gilot noted the request letter came from Downtown South Bend. He suggested that
DTSB contact the business owner on the comer to receive their approval of Trio's using the
sidewalk in front of their business. The Clerk noted that Trio's stated im their letter that they
would be responsible for cleaning any grease spills from their grill off of the sidewalk.
ADJOURNMENT
There being no further business to come before the Board, upon a motion made by Mr. Gilot,
seconded by Mr. Inks and carried, the meeting adjourned at 1: 35 p.m.
A
Z A ,
Gary A. Gilot, President
Dofrald E. lhks, Member
John H. Murphy, Member
Unda M. Martin; Clerk'
APRIL 29, 2009 138