04282020 Board of Public Works Meeting

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REGULAR MEETING APRIL 28, 2020 94 Department, Police Department Community Investment, and Engineering who all state the request meets the criteria of I.C. 36-7-3-13., Community Investment stated the vacation should be contingent upon a public access easement equal to the width of the right-of-way (or of 15' in width) to permit the passage of pedestrians and nonmotorized vehicles between Eddy and Georgiana Streets. Therefore, Ms. Maradik made a motion for a favorable recommendation of the request for vacation subject to the contingency. Mr. Molnar seconded the motion which carried by roll call. FAVORABLE RECOMMENDATION - PETITION TO VACATE THE EAST END OF CORBY ST., WEST OF SOUTH BEND AVE., PORTIONS OF FORMER EDDY ST AND SOUTH BEND AVE. RIGHT-OF-WAYS AND COVERING THE EXISTING CUL-DE-SAC NORTH OF CORBY AND; SOUTH SIDE OF HOWARD ST., NEAR THE INTERSECTION OF SOUTH BEND AVE. A TRIANGULAR PIECE OF RIGHT-OF-WAY WITHIN THE LIMITS OF OLD SOUTH BEND AVE. Mr. Gilot stated that Kite Realty Group, 30 South Meridian St., Indianapolis, IN 46204, has submitted a request to vacate the above referenced streets for commercial/mixed use development. He advised the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Street Department, Fire Department, Police Department, Community Investment, and Engineering who all state the request meets the criteria of I.C. 36-7-3-13. Engineering and Community Investment recommended the vacation of Howard Street be favorable contingent upon the area being confirmed to be within the City's right-of-way; and Howard St. and South Bend Ave. be contingent upon the owner committing to provide public access easements around the east side of the Corby and South Bend Ave intersection, and with the owner's commitment to immediately proceed with the vacation of the southern portion of Corby west of South Bend Ave. Therefore, Ms. Maradik made a motion for a favorable recommendation of the request for vacations subject to the contingencies on each. Mr. Molnar seconded the motion which carried by roll call. APPROVE CONSENT TO ANNEXATION AND WAIVER OF RIGHTS TO REMONSTRATE Mr. Gilot stated that the Board is in receipt of the following Consent to Annexation and Waiver of Right to Remonstrate. The Consent indicates that in consideration for permission to tap into public water/sanitary sewer system of the City, to provide water/sanitary sewer service to the below referenced property, the applicant waives and releases any and all rights to remonstrate against or oppose any pending or future annexations of the property by the City of South Bend: A. Frank Donahue, 4404 Technology Dr., South Bend, IN 46628 1. 51677 Audubon Woods — Water/Sewer (Key No.002-1003-005737) Upon a motion by Ms. Maradik, seconded by Mr. Molnar and carried by roll call, the Consent to Annexation and Waiver of Right to Remonstrate was approved as submitted. APPROVE CLAIMS Mr. Gilot 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 St. Joseph County Housing Consortium $30,714.75 03/11/2020 Therefore, Ms. Maradik made a motion that after review of the expenditures, the claims be approved as submitted. Mr. Molnar seconded the motion, which carried by roll call. PRIVILEGE OF THE FLOOR Mr. Jeff Parrott, South Bend Tribune, asked where exactly in Eddy Street Commons will the substation be. The Board confirmed it will be North of Brother's Bar and Grill. Mr. Troy Warner, Common Council, submitted a question stating other city boards have used methods which allow the input and participation of many other individuals and thus the ability to provide much more information about the projects, votes being taken, and the tax dollars being spent. If you should have to hold another online meeting, please reconsider revising your format. Mr. Gilot stated the Board has been using the live method in the interest of being transparent and the public has the ability to participate with questions. He noted this is an administrative board,