01232018 Board of Public Works Meeting

Home Browse Search

REGULAR MEETING JANUARY 23, 2018 17 1 No. 1 to Community allow Expended CDBG New Total Contract Investment Activity Delivery Costs from $20,375 2017 to be Drawn (ESG) Access Indiana and Access to City Owned Land N/A Maradik/Dorau Agreement Michigan Power for Field Surveys and Company Geotechnical Investigations at Boland Park, Boehm Park and Parcels along Boland Drive Agreement Interlink Group Century Center Website $780 plus Maradik/Dorau Hosting $1,250 One - Time Fee (IT Operations) BOARD MEMBER JOINS BOARD MEETING Mr. Mueller joined the meeting in progress at 10:03 a.m. APROVE AGREEMENT Mr. Gilot stated with Mr. Mueller joining the meeting, it created a quorum for approval of the r,nr ocus agreement. He moved back on the agenda to the approval of the following agreement: Consulting EnFocus Cross Portfolio IT Project $76,500 Dorau/Mueller Agreement Management (IT Mr. Gilot Professional abstained Services) APPROVAL OF PERMIT AND LICENSE APPLICATIONS The following permit and license annlicationc were r,rPCPntP,] -Fr%r a,,,,,.,,1 Applicant Description Date/Time Location Motion City of South Non- February 17, Gertrude St. from Carried Maradik/Dorau Bend Venues, Residential 2018; 8:00 a.m. Ewing Ave. to Parks, and Arts Block Party - to 4:00 p.m. Chippewa Ave. Bike and Hike APPROVE LONG TERM OCCUPANCY PERMITS — EDDY COMMONS PHASE II — KITE REALTY Mr. Tony Halsey, Kite Realty, submitted an application for two (2) Long Term Occupancy Permits for Eddy Commons Phase II Construction. The request was to occupy the right-of-way on Eddy Street between Napoleon Blvd. and Howard St., and St. Vincent St. between Georgiana Ave. and the alley west of Eddy St. from March, 2018 through October, 2019. Ms. Kara Boyles, City Engineer, stated a meeting was held subsequent to the Board's Agenda Review meeting with all attorneys present and the recommendation was to treat the occupancy permit as a separate issue from the Redevelopment Agreement. She noted the Board has authority to set the amount of the bond for the permit per Indiana Code. She added the work in the public right-of-way should have additional terms. Ms. Boyles informed the Board that the developer, Kite Realty, has a contractor now so they can pull the permit and post the bond. She noted the Development Agreement has language that they will perform the work, but doesn't address the work in the right-of-way. She added the developer wants to move forward with a conditional permit and the question is if it is okay to use public funds to pay for the bond for the work in the right-of-way that is required for this project. She explained TIF funds are being used for this project and in the past, this was covered in the project budget. Mr. Mueller asked if the Redevelopment Commission attorney wanted this in the agreement. Ms. Boyles stated he didn't want it in there. She noted in a normal situation, the contractor would get the permit to occupy the right-of-way to do their work, and once completed, the right-of-way was required to be in the same condition as prior to the contractor occupying it. In this case, she noted, the right-of-way will be altered so they are not sure how much bonding should be required. Mr. Gilot explained they would usually go out and take a picture of the condition and have a bond to cover any potential damage. In this case, he noted, an agreement is needed since the right-of-way will not look the same after completion. Mr. Gilot stated it is important to the Board to get a dedication of the improvements. He noted the bond for occupancy can be a nominal amount, but it's best to get a development agreement with the wording. Therefore, upon a motion by Mr. Mueller, seconded