10/11/10 Board of Public Works Minutes

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REGULAR MEETING s/ Gary Gilot s/ Carl Littrell ATTEST: s /Linda Martin, Clerk OCTOBER 11, 2010 305 FAVORABLE RECOMMENDATION - PETITION TO VACATE THE FIRST EAST /WEST ALLEY SOUTH OF LASALLE AVENUE FROM SYCAMORE STREET WEST TOWARD THE ST. JOSEPH RIVER Mr. Gilot indicated that Mr. Bob Palm, on behalf of East Bank South Bend Development, LLC, has submitted a request to vacate the above referenced street. Mr. Gilot stated the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Area Plan Commission, Police Department, Fire Department, Solid Waste, and Community and Economic Development. Engineering stated the vacation will reduce access to a public facility and recommended denial. Community & Economic Development stated they recommend approval with the understanding that Engineering's stated issues will be resolved. Area Plan stated that it is their understanding that this alley will be vacated so the East Bank Townhome project to the south can utilize the existing vehicular access for access to the townhomes. The vacation will eliminate one of the pedestrian access points to the river walk. This access point and area to the east extending to the parking lot access will be brought up to grade to match the first floor elevation of the building to the north. This area will be utilized as open space for the townhome development. The vacation may make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The petitioner spoke with the owners of the River Place office complex of their intentions to vacate this alley and they do support the vacation. If the northern half of the vacated alley is transferred to the developer of the East Bank Townhomes, an access or ingress /egress easement will be required in order for the River Place office to maintain their rights to utilize this access. Pedestrian access to the river walk would not be negatively affected with the elimination of the mid -block access to the river walk. Access to the river walk will continue to be maintained at both LaSalle Avenue to the north and Colfax Avenue to the south. This is a dead end alley with the River Place office complex using the alley as a secondary access. The owners have agreed to the closure subject to an access easement to Sycamore Street. Mr. Dave Relos, Community and Economic Development, and Mr. Dave Matthews, Developer, were present. Mr. Relos informed the Board that the vacation of the alley would not cut access to the river walk. Access can still be obtained from Colfax Avenue and LaSalle Street. The business affected by the vacation, Tuesley Law Firm, supports the vacation due to nuisance and vagrant use. Mr. Littrell noted the Park Department maintains the river walk and needs access. He stated he is also concerned about Fire Department access for river rescue. In addition to public access for use of the walkway, eventually, access will be needed to the structure overhanging the river for maintenance, repair and refurbishing. Engineering is also concerned with the developer's plans precluding leaving a maintenance and access easement open and the Fire Department losing access to different exposures of two existing buildings and the new condominiums. Mr. Gilot noted that both the Fire and Park Departments have responded favorably to the vacation request. Mr. Gilot questioned if there could be an access point, possibly an access easement along the property. He noted vacations are usually done subject to a utility easement, this one could have a minor construction easement. Mr. Gilot explained that having to access from two ends could drive up construction costs. If there is a need to get heavy equipment onto the river walk, access is going to be needed. Attorney Greene advised the Board ask for a permanent construction easement. Mr. Gilot added they would need a cross access agreement for Tuesley's. Therefore, Mr. Littrell made a motion that the Clerk send a letter to the petitioner approving the vacation with the provision of a permanent easement for construction access and maintenance, and utilities, and subject to a Cross Access Agreement. Mr. Gilot seconded the motion, which carried. APPROVAL OF AGREEMENTS /CONTRACTS/PROPOSALS /ADDENDA The following Agreements /Contracts/Proposals /Addenda were submitted to the Board for approval: Type Business Description Amount Motion/ Second Agreement Ivy Tech MS4 Agreement — Ivy N/A Gilot/Littrell Community Tech & the City of South