11102020 Board of Public Works Meeting

Home Browse Search

REGULAR MEETING NOVEMBER 10, 2020 205 G UNFAVORABLE RECOMMENDATION - PETITION TO VACATE THE FIRST EAST/WEST ALLEY BETWEEN ST. VINCENT ST. AND HOWARD ST. FROM ST. LOUIS BLVD. TO FIRST NORTH/SOUTH ALLEY Mr. Gilot indicated that Mr. Roger Woodard and Mr. Mark Hubbard, have submitted a request to vacate the above referenced alley to allow the abutting property owners to landscape and beautify the alley, which they state regularly floods and is unused. Mr. Gilot advised the Board is in receipt of unfavorable recommendations concerning this Vacation Petition from Community Investment, and Engineering who both state the request does not meet the criteria of I.C. 36-7-3- 13. The vacation would 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 not hinder the public's access to a church, school or other public building or place. The vacation would hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous and would create a dead end for the remaining North/South alley coming down from St. Vincent. Mr. George Lepeniotis submitted a comment via Chats stating he represents a neighbor of the alley proposed to be vacated and would like to make comments and objections to that proposal on behalf of his client. He stated they object to the alley being vacated as it creates a public safety issue and adversely impacts the neighbors. Mr. Gilot read comments by Engineering, suggesting the Street Department could be asked to regrade the alley if it is a drainage problem or the petitioner could also petition to privately pave the alley, noting there is precedent for this in alleys that tend to hold water. Mr. Gilot stated these are good suggestions he would hope would be included in the letter to the Council. Mr. Gilot noted this would make a long dead-end alley, which is something the Board generally opposes, because it makes it inconvenient to access properties. He noted it also makes it a safety issue and hinders future development. Therefore, Ms. Maradik made a motion to submit an unfavorable recommendation of the request for vacation. Mr. Molnar seconded the motion which carried by roll call. APPROVE CONSENTS TO ANNEXATION AND WAIVER OF RIGHTS TO REMONSTRATE Mr. Gilot stated that the Board is in receipt of the following Consents to Annexation and Waivers of Right to Remonstrate. The Consents indicate 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 properties, the applicants waive and release any and all rights to remonstrate against or oppose any pending or future annexations of the properties by the City of South Bend: A. Mr. James Z. Sieradski, 230 W. Catalpa Dr., Suite A, Mishawaka, IN 46545 18295 Forest Glade Dr. — Water/Sewer (Key No. 002-1014-027394) B. Mr. James Z. Sieradski, 230 W. Catalpa Dr., Suite A, Mishawaka, IN 46545 53201 Summer Breeze Dr.— Water/Sewer (Key No. 002-1020-045043) Upon a motion by Ms. Maradik, seconded by Mr. Molnar and carried by roll call, the Consents to Annexation and Waivers of Right to Remonstrate were approved as submitted. RATIFY APPROVAL AND/OR RELEASE CONTRACTOR EXCAVATION AND OCCUPANCY BONDS The Division of Engineering Permit Department recommended that the following bonds be ratified pursuant to Resolution 100-2000 and/or released as follows - Business Bond Type Approved/ Released Effective Date Anastos Brothers Custom Concrete Inc. Occupancy Bond Approved 10/28/2020 Ms. Maradik made a motion that the bond's approval as outlined above be ratified. Mr. Molnar seconded the motion, which carried by roll call. RATIFY APPROVAL OF CLAIMS Ms. Maradik 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.