04/23/13 Board of Public Works Minutes

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REGULAR MEETING APRIL 23 2013 133 APPROVAL OF REVOCABLE PERMIT FOR ENCROACHMENT — 216/218 SOUTH MICHIGAN STREET Mr. Gilot stated a Revocable Permit has been received from The South Bend Brew Werks, 216/218 South Michigan Street, for the installation of two mounted mini -split HVAC compressor units at 10' minimum above alley grade and maximum 24" projection from south elevation of the State Theater Building. The encroachment shall remain in the right of way until such time the Board of Public Works of the City of South Bend shall determine that such encroachment is in any way impairing or interfering with the highway or with the free and same flow of traffic. The Building Department stated there should be a protective barrier around the equipment to prevent vandalism and/or theft. Mr. Gilot expressed concern that the owners should install the unit in such a way that nobody can jump up and hang from it, potentially causing injury to themselves or others due to the inability of the unit to hold the weight. Upon a motion made by Ms. Roos, seconded by Mr. Inks and carried, the Revocable Permit was approved. APPROVE CONSENT TO ANNEXATION AND WAIVER OF RIGHTS TO REMONSTRATE -- 53383 JUNIPER ROAD — WATER Mr. Gilot stated that the Board is in receipt of a Consent to Annexation and Waiver of Right to Remonstrate as submitted by Mr. and Mrs. Christopher and Megan Glaub, 53383 Juniper Road, South Bend, Indiana 46637. The Consent indicates that in consideration for permission to tap into public water system of the City, to provide water service to the above referenced property at 53383 Juniper Road (Key # 002-1144-6640), the Glaubs waive and release any and all right to remonstrate against or oppose any pending or future annexation of the property by the City of South Bend. Therefore, Ms. Roos made a motion that the Consent be approved. Mr. Inks seconded the motion, which carried. FILING OF CERTIFICATE OF INSURANCE Upon a motion made by Mr. Gilot, seconded by Ms. Roos and carried, the Certificate of Insurance for the following business was accepted for filing: Hartford Glass Company of Mishawaka 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 $2,268,739.85 04/23/2013 St. Jose h County Consortium $1,506.54 04/01/2013 Therefore, Mr. Inks made a motion that after review of the expenditures, the claims be approved as submitted. Ms. Roos seconded the motion, which carried. PRIVILEGE OF THE FLOOR Mr. Murray Miller, Local No. 645, asked what the purpose of the Curb and Sidewalk Resolution was. Ms. Greene stated the Board has established a policy on how they will administer the program, setting the rates and establishing policy. She noted the purpose is also to clarify the program for the public. Mr. Miller questioned what the Agreement with DLZ Indiana, for St. Joseph High School traffic control was about. Mr. Gilot stated there were traffic issues around the new high school and he was not getting good answers in-house. He brought in a Traffic Engineer from DLZ to look at the problem. Mr. Gilot stated he needed a recommendation on the potential vacation of the street to change traffic patterns. Mr. Miller asked if they are vacating the street, with many residential properties located on the street in question. Mr, Gilot clarified that this is a long-term projection if the high school obtains the property in the vicinity eventually. He added they are not looking at doing this now, with private property owners currently located there, only if the high school eventually acquires the property. Mr. Miller questioned why St. Joseph High School didn't pay for the study. Mr. Gilot explained they did their own study; he wanted an independent study of their plan. Mr. Miller questioned would that set precedent. Mr. Gilot explained that if any school or business comes in with a change of traffic plan, the City would want an independent study done of their plan. He added this could be any traffic generator; business, commercial, etc. Mr.