04272021 Board of Public Works Meeting

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REGULAR MEETING APRIL 27, 2021 90 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. Therefore, Mr. Molnar made a motion recommending sending a favorable recommendation to Common Council for the request for vacation. Mr. Gathers seconded the motion which carried by roll call. UNFAVORABLE RECOMMENDATION - PETITION TO VACATE THE ALLEY BETWEEN 809 & 813 E. INDIANA AVE. Ms. Maradik indicated that Mr. Terry L. Tyler, 813 E. Indiana Ave., South Bend, IN 46613, has submitted a request to vacate the above referenced alley. Ms. Maradik advised the Board is in receipt of unfavorable recommendations concerning this Vacation Petition from Engineering and Community Investment, who have stated that the request violates two (2) of the I.C. 36-7-3-13 criteria. Ms. Maradik noted that Engineering recommends the property owner contact the Streets department to inquire about maintenance work at the alley. Mr. Molnar suggested that the City could forward the item to the Streets Department, as well. Therefore, Mr. Molnar made a motion recommending submission of an unfavorable recommendation to Common Council for the request for vacation. Mr. Gathers seconded the motion which carried, by roll call. UNFAVORABLE RECOMMENDATION - PETITION TO VACATE THE ALLEY BETWEEN 111 & 115 S. WALNUT ST. Ms. Maradik indicated that Ms. Melva Maefield, I I I S. Walnut St., South Bend, IN 46601, has submitted a request to vacate the above referenced alley. Ms. Maradik advised the Board is in receipt of unfavorable recommendations concerning this Vacation Petition from Engineering and Community Investment, who have stated that the vacation request violates two (2) of the I.C. 36- 7-3-13 criteria. Ms. Maradik further noted this individual has a garage and parking pad on their property as well as other parking availability near their property. She noted that based on the size of the alley, even if it were to be vacated it would not be suitable for parking or as an additional driveway, as it would not be wide enough. Therefore, Mr. Molnar made a motion recommending submission of an unfavorable recommendation to Common Council for the request for vacation. Mr. Gathers seconded the motion which carried by roll call. Mr. Gilot raised a point of order at this time and requested that future Board Agendas include reference to compliance with the I.C. requirements for both favorable and unfavorable recommendations, to make it clear to the public that all alley vacations are held to the same standards of review under Indiana Law. Board Clerk Anne Fuchs confirmed that she will make this change moving forward. APPROVE CONSENTS TO ANNEXATION AND WAIVER OF RIGHTS TO REMONSTRATE Ms. Maradik 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. Mr. Molnar further added that each of these meets the requirements of the City's new policy: A. Mr. Brian Miller, PO Box 706, Osceola, IN 46561 1. 18419 Donegal Dr. — Water/Sewer (Key No.002-1014-0317) B. Ms. Alexandra M. Tyra, 795 Clyde Ct., SW, Byron Center, MI 49315 1. 20266 Ambleside Dr. — Water/Sewer (Key No. 002-1004-008014) C. Mr. Vincenzo Burnbaca, PO Box 6157, South Bend, IN 46601 1. 53283 Nadine St. — Water/Sewer (Key No. 002-1020-044205) Upon a motion by Mr. Molnar, seconded by Mr. Gathers 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 I Bond Type I Approved/ L Effective Date