07/24/12 Board of Public Works Minutes

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F i REGULAR MEETING JULY 24, 2012 250 FAVORABLE RECOMMENDATION - PETITION TO VACATE THE NORTH HALF OF THE NORTH /SOUTH ALLEY BETWEEN ST. PETER STREET AND NOTRE DAME AVENUE, SOUTH OF HOWARD STREET Mr. Scott Kidder, 919 Notre Dame Ave., South Bend, Indiana, and Jamey High, 925 Notre Dame Ave., South Bend, Indiana, submitted a request to vacate the above referenced alley. Mr. Gilot advised the Board is in receipt of favorable recommendations concerning this Vacation Petition from Community and Economic Development and the Police Department. Mr. Carl Littrell, Engineering, stated this is a good idea if a way can be found to service the office building's loading dock in harmony with the neighbor's wishes. He noted that this request was discussed a few years ago but the owners of the former business objected. Area Plan stated 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 make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would block access to a fire hydrant located behind the commercial building at the southeast corner of St. Peter and Howard Streets. 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. The Fire Department recommended against the petition due to a commercial building on the northeast corner of St. Peter Street with the Fire Department connection on the alley being requested to vacate. They noted that this alley has the hydrants on the Howard Street side for water protection to the back of the structures between the streets. Mr. Mecham stated they can access the alley from the southern half alley not vacated and the full east/west . alley. Mr. Jitin Kain, Economic Development, informed the Board that he sent an easement agreement to the petitioners and they are drafting their own agreement with the neighbors and will forward it once complete. He noted that the petitioners are attorneys. Therefore, Mr. Gilot made a motion that the Clerk send a letter to the petitioners recommending approval of the request for the vacation of the full alley, subject to an easement agreement between all of the parties involved. Mr. Inks seconded the motion which carried. RATIFY APPROVAL AND /OR RELEASE OCCUPANCY CONTRACTOR AND EXCAVATION BONDS Mr. Anthony Molnar, Division of Engineering, recommended that the following Occupancy, Contractor and Excavation Bonds be ratified pursuant to Resolution 100 -2000 and /or released as follows: Business Bond Type Approved/ Released Effective Date Shawnee Construction & Engineering, Inc. Occupancy Release June 30, 2012 Anthony Winkel Contractor Approved July 5, 2012 Eric Frye DBA Elf Excavating I Excavation 1 Approved I July 5, 2012 Concord Electric, Inc. Excavation Approved July 9, 2012 Mr. Inks made a motion that the Bonds approval and/or release as outlined above be ratified. Mr. Gilot seconded the motion, which carried. APPROVE CLAIMS Mr. Inks stated that a request to pay the following claims in the amounts indicated has been received by the Board; each claim is fully supported by an. invoice; the person receiving the goods or services has approved the claims; and the claims have been filed with the City Fiscal Officer and certified for accuracy. Name Amount of Claim Date City of South Bend $2,520,453.34 07/20/2012 City of South Bend $2,062,758.98 07/24/2012 City of South Bend $4,192,541.51 07/20/2012 St. Joseph County Housing Consortium $30,479.26 07/03/2012 Therefore, Mr. Inks made a motion that after review of the expenditures, the claims be approved as submitted. Mr. Mecham seconded the motion, which carried. Mr. Gilot recused himself from the vote, stating he has submitted an invoice to the City for his services as a consultant, and he does not know if it is part of these claims. Mr. Inks asked if there is something the Board can do to put in the record that Mr. Gilot is not voting on his own payment claim for the future. Ms.