06082021 Board of Public Works Meeting

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REGULAR MEETING JUNE 8, 2021 121 Eastbank Massage 904 E. Jefferson Molnar/Gathers Massage, LLC Establishment Blvd Renewal License APPROVAL OF REVOCABLE PERMIT FOR ENCROACHMENT—ADVERTISNG KIOSK SIGNS AT EDDY STREET COMMONS Ms. Maradik stated an application for an Encroachment and Revocable Permit has been received from KRG Eddy Street Land III, LLC for the purpose of allowing up to six (6) advertising kiosk signs at Eddy Street Commons. There are favorable recommendations subject to the City and Kite reaching a mutually favorable agreement. Upon a motion made by Mr. Molnar, seconded by Mr. Gathers and carried by roll call, the Digital Kiosk signage was approved subject to the execution of an agreement between the City and Kite Realty. Mr. Gilot commented that the agreement between the City and Kite should reflect the standard language of a revocable permit for an encroachment in the public right-of-way and should include our standards that structures in the public right-of-way are revocable privileges. He noted that it is important for the City Engineer to manage the public right-of-way on behalf of the tax payers so that we don't end up with objects that do not belong there or interfere with future infrastructure projects. FAVORABLE RECOMMENDATION - PETITION TO VACATE THE ALLEY AT 1235 LINCOLN WAY WEST Ms. Maradik indicated that Alfernando Tharbs, 1235 Lincoln Way West, South Bend, IN 46628, has submitted a request to vacate the above referenced alley. Ms. Maradik advised the Board is in receipt of one unfavorable recommendation from Engineering, and favorable recommendations from the Fire Department, Police Department, and Community Investment. Upon further Board discussion clarifying that this alley was sealed at one end and has not been used in over twenty (20) years, the Board agreed that this is a "paper alley" and therefore should be approved. Mr. Molnar made a motion recommending sending a favorable recommendation to Council for the request for vacation. Mr. Gathers seconded the motion which carried by roll call. FAVORABLE RECOMMENDATION - PETITION TO VACATE THE ALLEY AT 1312 S. 27TH ST & 2711 NORTHSIDE BLVD. Ms. Maradik indicated that Terry Lang, Lang Feeney & Assoc., Inc., 715 S. Michigan St., South Bend, IN 46601, has submitted a request to vacate the above referenced alley. Ms. Maradik advised the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Fire Department, Police Department Community Investment, and Engineering who all state the request meets the criteria of I.C. 36-7-3-13 pending the creation of a mutual access to the easement to ensure property access for all parties. Mr. Molnar made a motion recommending sending a favorable recommendation to Council for the request for vacation. Mr. Gathers seconded the motion which carried by roll call. 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: A. Mr. Brian Miller, PO Box 706, Osceola, IN 46561 1. 52075 Cloverleaf Dr., West — Water/Sewer (Key No.002-1015-030549) 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