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HomeMy WebLinkAbout07272021 Board of Public Works Meeting139 REGULAR MEETING JULY 27, 2021 The Regular Meeting of the Board of Public Works was convened at 9:34 a.m. on Tuesday, July 27, 2021, by Board President Elizabeth A. Maradik in the 131h Floor Conference Room of the County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana. The meeting was also streamed live to the public via Microsoft Teams. Board Clerk Anne Fuchs was absent. Laura Hensley acted on her behalf and confirmed the presence of Board President Elizabeth A. Maradik and Board Members Gary Gilot, Jordan Gathers, Joseph Molnar, Murray Miller, and Board Attorney Clara McDaniels with a roll call. Ms. Maradik reminded virtual attendees to mute their microphones and turn off their cameras when not speaking, and to save their questions and comments for the Privilege of the Floor. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Molnar, seconded by Mr. Gathers and carried by roll call, the minutes of the Regular Meeting of the Board held on July 13, 2021, were approved. OPENING OF QUOTATIONS — CENTRAL FIRE STATION PAVEMENT REPAIRS — PROJECT NO. 121-051 (PR-00010623) Ms. Maradik advised that this was the date set for the receiving and opening of sealed quotations for the above referenced project. The following quotations were opened and read: MILESTONE CONTRACTORS NORTH, INC. 24358 State Road 23 South Bend, IN 46614 akruegergmilestonelp com Quotation was submitted by Mr. Dustin Hilary Non -Collusion, Non -Discrimination Affidavit Form was completed. QUOTATION: $53,071.00 RIETH-RILEY CONSTRUCTION CO.. INC. 25200 State Road 23 South Bend, IN 46614 vanpgUskrieth-riley. com Quotation was submitted by Mr. Ruben Alvarado Non -Collusion, Non -Discrimination Affidavit Form was completed. QUOTATION: $47,544.00 Upon a motion made by Mr. Molnar, seconded by Mr. Gathers and carried by roll call, the above quotations were referred to Engineering, Public Works, and Fire for review and recommendation. AWARD BID — THREE (3) MORE OR LESS 2021 OR NEWER UTILITY CREW TRUCKS — SPEC C (PR-00009067) Mr. Jeff Hudak, Central Services, advised the Board that on June 8, 2021, bids were received and opened for the above referenced contract. After reviewing those bids, Mr. Hudak recommended that the Board award the contract to the lowest responsive and responsible bidder Jordan Ford, 609 E. Jefferson Blvd., Mishawaka, IN 46545, in the total amount of $236,942, one (1) with alternate number 1 totaling $80,956 for the Sewer Department and, two (2) with no alternates totaling $155,986 for the Street Department. Therefore, Mr. Molnar made a motion that the recommendation be accepted, and the bid be awarded as outlined above. Mr. Gathers seconded the motion, which carried by roll call. AWARD BID AND APPROVE CONTRACT — 2021 BRICK PAVEMENT SPOT REPAIR — PROJECT NO. 121-019 (PR-00009400) Mr. Finnian Cavanaugh, Engineering, advised the Board that on July 13, 2021, bids were received and opened for the above referenced project. After reviewing those bids, Mr. Cavanaugh recommended that the Board award the contract to the lowest responsive and responsible bidder, Acorn Landscaping & Excavation LLC, 3680 W. Sample St., South Bend, IN 46619, in an amount not to exceed $134,694, for the base bid plus alternates 1 & 2. Therefore, Mr. Molnar made a motion that the recommendation be accepted, and the bid be awarded, and REGULAR MEETING IJULY 27, 2021 140 the contract approved as outlined above. Mr. Gathers seconded the motion, which carried by roll call. AWARD BID AND APPROVE CONTRACT — SOUTHEAST NEIGHBORHOOD CENTER (UNITED WAY) —PROJECT NO. 119-093R (PR-00008109) Mr. Zach Hurst, Engineering, advised the Board that on July 13, 2021, bids were received and opened for the above referenced project. After reviewing those bids, Mr. Hurst recommended that the Board award the contract to the lowest determined responsive bidder, The Robert Henry Corporation, 404 S. Frances St., South Bend, IN 46617 in the amount of $1,168,005. The lowest bidder was deemed to be non -responsive, due to their failure to meet MWBE requirements. Therefore, Mr. Molnar made a motion that the recommendation be accepted, and the bid be awarded, and the contract approved as outlined above. Mr. Gathers seconded the motion, which carried by roll call. AWARD QUOTATION AND APPROVE CONTRACT — RIVER CROSSING 7 — NOTRE DAME (PR-00010290) Mr. Richard Radcliff, Environmental Services, advised the Board that quotations were received and opened for the above referenced project. After reviewing those quotations, Mr. Radcliff recommended that the Board award the contract to the lowest responsive and responsible quoter, Foegley Landscape, Inc., 52215 Lilac Rd., South Bend, IN 46628, in the amount of $22,205. Therefore, Mr. Molnar made a motion that the recommendation be accepted, and the quotation be awarded, and the contract approved as outlined above. Mr. Gathers seconded the motion, which carried by roll call. APPROVAL OF REQUEST TO REJECT QUOTATION — LAUREL WOODS DRAINAGE IMPROVEMENTS —PROJECT NO. 121-007 (PR-00010221) In a memorandum to the Board, Ms. Rebecca Plantz, Engineering, requested permission to reject all quotes for the above referenced project as non -responsive due to use of an incorrect MWBE Utilization Form MWBE 1.0. The project will be re -quoted at a later date, with updated form usage clarified. Therefore, upon a motion made by Mr. Molnar, seconded by Mr. Gathers and carried by roll call, the above quotation was rejected. APPROVE CHANGE ORDER NOS. 6-8 — OLIVE STREET RECONSTRUCTION PHASE I — PROJECT NO. 114-064 (PO-0009357) Ms. Maradik advised that Ms. Leslie Biek, Engineering, has submitted Change Order Nos. 6-8 on behalf of Indiana Department of Transportation, LaPorte District, and Milestone Contractors North, Inc., 24358 State Road 23, South Bend, IN 46614. Change Order No. 6 indicates the contract amount be increased by $3,890 for the city amount and $19,450 for the INDOT amount at a 20/80 Split. Change Order No. 7 indicates the contract amount be increased by $134,069 for the city amount. Change Order No. 8 indicates the contract amount be increased by $2,303.92 for the city amount and $11,519.58 for the INDOT amount at a 20/80 Split for a new contract sum, including these Change Orders, in the amount of $140,263.42 for the city amount and $165,039.08 for the INDOT amount with a new total for all change orders in the amount of $3,503,578.49. Upon a motion made by Mr. Molnar, seconded by Mr. Gathers and carried by roll call, the Change Orders were approved. APPROVE CHANGE ORDER NO. 4 — SEWER & MANHOLE REHABILITATION — PROJECT NO. 118-093 (PO-000097) Ms. Maradik advised that Ms. Sue Ellen Doudrick, Engineering, has submitted Change Order No. 4 on behalf of Inland Water Pollution Control, Inc., 52215 Lilac Rd., South Bend, IN 46628, indicating the contract amount be decreased by $47,474 for a new contract sum, including this Change Order, in the amount of $3,105,965.60. Upon a motion made by Mr. Molnar, seconded by Mr. Gathers and carried by roll call, the Change Order was approved. APPROVE CHANGE ORDER NO. 3 — O'BRIEN RECREATIONAL CENTER RENOVATIONS — PROJECT NO. 118-091 (PO-0005039) Ms. Maradik advised that Ms. Charlotte Brach, Engineering, has submitted Change Order No. 3 on behalf of R. Yoder Construction, Inc., 27453 County Road 150, Nappanee, IN 46550, indicating the contract amount be increased by $17,178 with an additional eighteen (18) days for a new contract sum, including this Change Order, in the amount of $496,163 with a new completion date of June 18, 2021. Upon a motion made by Mr. Molnar, seconded by Mr. Gathers and carried by roll call, the Change Order was approved. REGULAR MEETING JULY 27, 2021 141 APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS AND TITLE SHEET — 2021 DRAINAGE IMPROVEMENTS — KALEY ST. AND MARION ST. — PROJECT NO. 121-006A (PR-00010684) In a memorandum to the Board, Ms. Rebecca Plantz, Engineering, requested permission to advertise for the receipt of bids for the above referenced project. Also presented at this time for approval and execution was the Title Sheet. Upon a motion made by Mr. Molnar, seconded by Mr. Gathers and carried by roll call, the above request to advertise was approved, and the Title Sheet was approved and signed. ADOPT RESOLUTION NO. 22-2021 — A RESOLUTION ESTABLISHING THE POLICY BY WHICH MEMBERS OF THE CITY OF SOUTH BEND BOARD OF PUBLIC WORKS MAY PARTICIPATE BY ELECTRONIC MEANS OF COMMUNICATION Upon a motion made by Mr. Molnar, seconded by Mr. Gathers and carried by roll call, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO.22-2021 A RESOLUTION ESTABLISHING THE POLICY BY WHICH MEMBERS OF THE CITY OF SOUTH BEND BOARD OF PUBLIC WORKS MAY PARTICIPATE BY ELECTRONIC MEANS OF COMMUNICATION WHEREAS, P.L. 88-2021 (HEA 1437), SEC. 5, amended IC 5-14-1.5-1 et seq. (Act), effective April 20, 2021 by amending IC 5-14-1.5-3.5 to prescribe new requirements by which members of a governing body of a public agency of a political subdivision may participate in a meeting by any electronic means of communication; WHEREAS, a member of a governing body may participate by any means of communication that: • Allows all participating members of the governing body to simultaneously communicate with each other; and • Except for a meeting that is an executive session, allows the public to simultaneously attend and observe the meeting; WHEREAS, the Act requires the governing body to adopt a written policy establishing the procedures that apply to a member's participation in a meeting by an electronic means of communication and may adopt procedures that are more restrictive than the procedures established by IC 5-14-1.5-3.5(d); and WHEREAS, the South Bend Board of Public Works may adopt rules of procedure by majority vote of the Board at a regularly scheduled meeting where a quorum is present: NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND BOARD OF PUBLIC WORKS: Section 1. (a) The provisions of the Act, including definitions, apply to this resolution. (b) This resolution shall be known as the "Electronic Meetings Policy" of the Board of Public Works (the "Board") and applies to the Board and any committee appointed directly by the Board or its presiding officer. Section 2. (a) Subject to Sections 3 and 5, any member may participate in a meeting by any electronic means of communication that: (i) allows all participating members of the governing body to simultaneously communicate with each other; and (ii) other than a meeting that is an executive session, allows the public to simultaneously attend and observe the meeting. (b) A member who participates by an electronic means of communication: (i) shall be considered present for purposes of establishing a quorum; and may participate in final action only if the member can be seen and heard. (c) All votes taken during a meeting at which at least one (1) member participates by an electronic means of communication must be taken by roll call vote. Section 3. (a) At least fifty percent (50%) of the members must be physically present at a meeting at which a member will participate by means of electronic communication. Not more REGULAR MEETING JULY 27, 2021 142 than fifty percent (50%) of the members may participate by an electronic means of communication at that same meeting. (b) A member may not attend more than a fifty percent (50%) of the meetings in a calendar year by an electronic means of communication, unless the member's electronic participation is due to: (1) military service; (2) illness or other medical condition; (3) death of a relative; or (4) an emergency involving actual or threatened injury to persons or property. (c) A member may attend two (2) consecutive meetings (a set of meetings) by electronic communication. A member must attend in person at least one (1) meeting between sets of meetings that the member attends by electronic communication, unless the member's absence is due to: (1) military service; (2) illness or other medical condition; (3) death of a relative; or (4) an emergency involving actual or threatened injury to persons or property. Section 4. The minutes or memoranda of a meeting at which any member participates by electronic means of communication must: (1) identify each member who: (A) was physically present at the meeting; (B) participated in the meeting by electronic means of communication; and (C) was absent; and (2) identify the electronic means of communication by which: (A) members participated in the meeting; and (B) members of the public attended and observed the meeting if the meeting was not an executive session. Section 5. No member of the Board may participate by means of electronic communication in a meeting at which the Board may take final action to: (1) adopt a budget; (2) make a reduction in personnel; (3) initiate a referendum; (4) impose or increase a penalty; (5) exercise the power of eminent domain; or (6) establish, impose, raise or renew a tax. Section 6. (a) If an emergency is declared by: (1) The governor under IC 10-14-3-12; or (2) the mayor under IC 10-14-3-29; members are not required to be physically present for a meeting until the emergency is terminated. (b) Members may participate in a meeting by any means of communication provided that: (1) At least a quorum of the members participate in the meeting by means of electronic communication or in person. (2) The public may simultaneously attend and observe the meeting unless the meeting is an executive session. (3) The minutes or memoranda of the meeting must comply with Section 4 of this resolution. (d) All votes taken during a meeting at which at least one member participates by an electronic means of communication must be taken by roll call vote. Section 7. This resolution shall be effective from and after adoption by the Board of Public Works. REGULAR MEETING JULY 27, 2021 143 Adopted this 271h day of July, 2021. ATTEST: s/Laura Hensley/Acting CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Elizabeth A. Maradik s/ Gary A. Gilot s/ Jordan V. Gathers s/ Joseph R. Molnar s/ Murray L. Miller ADOPT RESOLUTION NO. 23-2021 — A RESOLUTION OF THE CITY OF SOUTH BEND INDIANA BOARD OF PUBLIC WORKS ON THE DISPOSAL OF UNFIT AND/OR OBSOLETE PROPERTY Upon a motion made by Mr. Molnar, seconded by Mr. Gathers and carried by roll call, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO.23-2021 A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS ON THE DISPOSAL OF UNFIT AND/OR OBSOLETE PROPERTY FIREFIGHTER FIRE HELMET AND BOOTS WHEREAS, pursuant to I.C. 36-9-6-1 et. seq., the Board of Public Works ("Board") has the duty and authority to have custody, control, use, and to dispose of real and personal property owned by the City of South Bend, Indiana; and WHEREAS, IC 5-22-22-6 permits and establishes the procedure for disposal of personal property which is no longer needed by the City and which is unfit for the purpose for which it was intended; and WHEREAS, on June 19, 2021, Firefighter Robert A. Krizmanich retired from the South Bend, Indiana, Fire Department after thirty-five plus (35+) years of service, and the Board of Public Safety of the City of South Bend, Indiana has determined that he has retired in good standing; and WHEREAS, Chief Carl Buchanon has advised the Board that this Firefighter's fire helmet and boots ("Property") are of no further use to the Department, are of no practical value, and have an estimated market value of less than one -thousand dollars ($1,000.00); and WHEREAS, the Board has determined that the Property is worthless as that term is defined in I.C. 5-22-22-8(b); and WHEREAS, I.C. 5-22-22 permits and establishes procedures for the disposal of personal property which is either unfit for the purpose for which it was intended, no longer needed by the City, or property which is deemed worthless. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend, Indiana, as follows: 1. The Property is no longer needed by the City of South Bend, is unfit for the purposes for which was intended, and has an estimated value of less than one -thousand dollars ($1,000.00). 2. The Property may be demolished, junked or otherwise disposed in a manner determined by the Fire Chief, including donation to the Firefighter as a token for his years of service to the City of South Bend. REGULAR MEETING JULY 27, 2021 144 ADOPTED at a meeting of the City of South Bend, Indiana, Board of Public Works held on July 27, 2021, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Elizabeth A. Maradik s/ Gary A. Gilot s/ Jordan V. Gathers s/ Joseph R. Molnar s/ Murray L. Miller ATTEST: s/Laura Hensley/Acting ADOPT RESOLUTION NO. 24-2021 — A RESOLUTION OF THE CITY OF SOUTH BEND INDIANA BOARD OF PUBLIC WORKS ON THE DISPOSAL OF SURPLUS PROPERTY Upon a motion made by Mr. Molnar, seconded by Mr. Gathers and carried by roll call, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO.24-2021 A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS FOR THE DISPOSAL OF SURPLUS PROPERTY WHEREAS, I.C. 36-9-6-1 gives the Board of Public Works of the City of South Bend the right and duty to have custody of, control of, use of, and dispose of in accordance with Indiana statutes, all real and personal property owned by the City of South Bend; and WHEREAS, the Common Council of the City of South Bend passed as amended on January 11, 1988, Ordinance No. 7847-88 which mandates the Board of Public Works of the City of South Bend to determine that the sidearm of a police officer who retires in good standing is surplus property and no longer useful to the City of South Bend; and WHEREAS, SERGEANT ERIC DOWNEY retired effective June 1, 2021, from the South Bend Police Department after thirty-two (32) years of service, and the Board of Public Safety of the City of South Bend has determined that he retired in good standing; and WHEREAS, I.C. 5-22-22-1 permits and establishes procedure for disposal of personal property which is no longer needed by the City and which is unfit for the purpose for which it was intended; NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that handgun Serial No. NDT0010, a Smith and Wesson M&P9 Handgun, is no longer needed by the City and is unfit for the purpose for which it was intended and has an estimated fair market value of less than Five Hundred Dollars ($500.00). BE IT FURTHER RESOLVED that said property be disposed of and removed from the City inventory. ADOPTED this 27TH Day of JULY, 2021. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Elizabeth A. Maradik s/ Gary A. Gilot s/ Jordan V. Gathers s/ Joseph R. Molnar s/ Murray L. Miller ATTEST: s/Laura Hensley/Acting REGULAR MEETING JULY 27, 2021 145 ADOPT RESOLUTION NO. 25-2021 — A RESOLUTION OF THE CITY OF SOUTH BEND INDIANA BOARD OF PUBLIC WORKS ON THE DISPOSAL OF UNFIT AND/OR OBSOLETE PROPERTY Upon a motion made by Mr. Molnar, seconded by Mr. Gathers and carried by roll call, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO.25-2021 A RESOLUTION OF THE SOUTH BEND INDIANA BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND/OR OBSOLETE PROPERTY WHEREAS, it has been determined by the Board of Public Works that the following property is unfit for the purpose for which it was intended and is no longer needed by the City of South Bend: -One FATS (FireArms Training Simulator) Machine WHEREAS, pursuant to Indiana Code § 36-9-6-1 et. seq., the Board of Public Works ("Board") has the duty and authority to have custody, control, use, and to dispose of all real and personal property owned by the City of South Bend, Indiana; and WHEREAS, the City, acting by and through the Board, desires to dispose of the personal property that is more particularly described at Exhibit "A" attached hereto and incorporated herein ("Property"); and WHEREAS, in accordance with Indiana Code § 5-22-22-4, the Board may engage an auctioneer to conduct a public auction in order to dispose of the City's surplus personal property if the property to be sold is one (1) item with an estimated total value of $1,000 or more, or is more than one (1) item with an estimated value of $5,000 or less; and WHEREAS, the Board has determined that the Property has an estimated value of less than $5,000,and the Board has further determined that the property is unfit for the purpose for which it was intended, and is no longer needed by the City of South Bend; and NOW, THEREFORE, the Board of Public Works of the City of South Bend hereby finds that the Property listed at Exhibit "A" is no longer needed by the City; the Property is unfit for the purpose for which it was intended, and has an estimated value of $5,000 or less. BE IT RESOLVED that the Property may be transferred or sold at public auction. However, if the Property is deemed to be worthless, such Property may be disposed of via the COSB Household Electronic Waste program. ADOPTED the 27TH day of JULY, 2021. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Elizabeth A. Maradik s/ Gary A. Gilot s/ Jordan V. Gathers s/ Joseph R. Molnar s/ Murray L. Miller ATTEST: s/Laura Hensley/Acting APPROVAL OF AGREEMENTS/CONTRACTS/PROPOSALS/ADDENDA The following Agreements/Contracts/Proposals/Addenda were submitted to the Board for approval: Type Business Description Amount/ Funding Motion/ Second Joint Use and Indiana Install Decorative $23,552 Molnar/Gathers Maintenance Department of Lettering Spelling (PR-00010358) Agreement Transportation "SOUTH BEND" on the US 31 Bypass over Michigan Street, Project No. 120-008 REGULAR MEETING JULY 27, 2021 146 Amendment Alliance Additional Services to $1,500; Total Molnar/Gathers No. 1 to Architects Produce Bid Documents Amount: Professional for Former Salvation $10,800 Services Army Building Roof (PO-0004341) Agreement Repairs — Project No. 119- 084B Amendment VS Redesign of Dubail $68,268.72 Molnar/Gathers No. 1 to Engineering, Avenue Streetscape, (PO-0000821) Owner- Inc. Project No. 120-009 Engineer Revisions Due to Budget Agreement Constraints Award Milestone Installation of 2" Copper $21,700, City Molnar/Gathers Contract Contractors Line Stops for Olive St., Only North, Inc. Phase I, Project No. 114- (PR-00010655) 064 Sewer and Adams Road Public Sewer & Water N/A Molnar/Gathers Water Service Development II Extension to Serve Phase (Mr. Molnar Agreement & Corporation II of the Bradford Shores noted this is in Title Sheet Development the boundaries set out by the water and sewer policy.) Amendment SmithGroup Additional Design NTE $36,360 Molnar/Gathers No. 4 to Inc. Services for Seitz Park (Hourly); Owner- Reconstruction Phase II, Adjusted Engineer Project No. I I7-093B Agreement Agreement Total $1,064,760 PO-0006606 APPROVAL OF PERMIT AND LICENSE APPLICATIONS The following hermit and license ammlications were nresented for annroval: Applicant Description Date/Time Location Motion Carried 21St Annual Street Closure for July 31, 2021; S. Greenlawn Ave., Molnar/Gathers Kid's Triathlon Special Event 5:00 a.m. to RR tracks to Wall St, 12:00 p.m. Southwood Ave./Twyckenham Dr. to Greenlawn Ave.; Belmont Ave./Twyckenham Dr. to Greenlawn Ave. and Wall St., Greenlawn Ave. to Ironwood Dr. 2021 Urban Street Closure for July 31, 2021; St. Louis Blvd. from Molnar/Gathers Adventure Special Event 6:00 a.m. to the South Side of E. Games 10:00 a.m. Jefferson Blvd. to St. Peter St. Payne's Street Closure for August 6, College St. from Molnar/Gathers Birthday Block Special Event 2021; 5:00 Humbolt St. to Party p.m. to 12:00 Elwood Ave. a.m. South Bend Street Closure for August 28, Eddy St. on North Molnar/Gathers Farmer's Special Event 2021; 8:00 Side of Market to Market Classic a.m. to 2:00 Dead End in front of Car Show p.m. Armory Trax Music Street Closure for May 14, Ignition Dr. from W. Molnar/Gathers Bash - Special Event 2022; 7:00 Sample St. to W. Rescheduled a.m. to 12:00 Cotter St. a.m. REGULAR MEETING JULY 27, 2021 147 APPROVAL OF REVOCABLE PERMIT FOR ENCROACHMENT — DIRECTIONAL SIGN TO BE PLACED IN THE LANDSCAPING AT THE NORTHEAST CORNER OF THE PRIVATE DRIVE ENTRANCE (TO ROBINSON CENTER) 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 a directional sign to be placed in the right-of-way in the landscaping at the Northeast corner of a private drive entrance to the Robinson Community Learning Center entrance at Eddy St. commons. The encroachment shall remain in the right of way until the time as 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. Upon a motion made by Mr. Molnar, seconded by Mr. Gathers and carried by roll call, the Revocable Permit was approved. FAVORABLE RECOMMENDATION - PETITION TO VACATE THE STREET AT 2234 HIGHLAND AVE. NORTHERN BORDER OF PROPERTY BEGINS AT PHILIPPA AND DEAD -ENDS AT HIGHLAND AVE. ON WESTERN BORDER Ms. Maradik indicated that Ms. Kathleen A. Kershner, 2234 Highland Ave., South Bend, IN 46613, submitted a request to vacate the above referenced street. Ms. Maradik advised this was reviewed at the last Board meeting, but it had come to Board's attention that the location on the map used for review was incorrect. The corrected map was reviewed and received unfavorable recommendations from Engineering and Community Investment based on three of the four criteria of I.C. 36-7-3-13. However, Ms. Maradik clarified that the Department of Community Investment is willing to consider a favorable recommendation if there was a broader examination of the right-of-way in the area, particularly not wishing to leave a sub -street south of the vacation. Upon further discussion with Engineering, it was determined that there was no foreseeable need for utility use in that right-of-way, and that there are no further plans to pursue development in this area at this time. Ms. Maradik noted that the Board also received a letter from 6th District Council Member Sheila Niezgodski requesting support for Ms. Kershner's request. Mr. Gilot was also in communication with 2nd District County Commissioner Derek Dieter, who was in attendance earlier in the meeting and had also offered his support of this street vacation. Mr. Gilot advised that he personally visited the location and noted a significant grade change, adding that this area is not a traditional neighborhood layout. Mr. Gilot expressed he is therefore also in favor of the vacation. Petitioner Kathleen Kershner thanked the Board and noted that for twenty-three (23) years, she and her neighbors have been maintaining this strange, overgrown area and cleaning up the trash, as this has become a dumping spot. Public Works Director Eric Horvath added he also supports the favorable recommendation to vacate pending further clarification of the location. Further discussion ensued between Ms. Maradik, Mr. Horvath, and Ms. Kerschner regarding the location, clarifying that the request is for the northern portion of the street, which would leave a stub that is still part of the street. The City would need to further evaluate the Southern portion of the street to decide whether to keep it as a street or downgrade it to an alley (the stub that dead ends into Ewing). Ms. Maradik also noted that if the street is vacated, half would go to the petitioner and half would go to other adjacent property owner. If Ms. Kerschner wanted full ownership, she would need to come to a mutual agreement with the other property owners. Mr. Horvath recommended following up and getting the rest of the street vacated to serve as private access. Ms. Maradik stated the Western portion of the East/West alley does not currently go all the way to Olive. There is right-of-way but it is overgrown and not used. So as to not create a dead-end alley, further review is needed as to what solution makes sense. Therefore, Mr. Gilot made a motion to send a favorable recommendation to the Council. Mr. Molnar seconded the motion which carried by roll call. 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 Cabbit Concrete Contractor Approved 07/15/2021 Octavio Luna Contractor Released 08/13/2021 REGULAR MEETING JULY 27, 2021 148 Arborcare, Inc. Occupancy Approved 07/13/2021 Cabbit Concrete Occupancy Approved 07/15/2021 Octavio Luna Occupancy Released 08/13/2021 Milestone Contractors North, Inc. Occupancy Approved 07/20/2021 Mr. Molnar made a motion that the bond's approval and/or release as outlined above be ratified. Mr. Gathers seconded the motion, which carried by roll call. RATIFY PREAPPROVED CLAIMS PAYMENTS Ms. Maradik stated the Board received notices of the following preapproved claim payments from the City's Department of Administration and Finance: Name Date Amount of Claim City of South Bend Claims GLBN-19199 07/14/2021 $1,126,922.33 City of South Bend Claims GLBN-19003, GBLN- 07/14/2021 $2,408,393.61 19078 City of South Bend Claims GLBN-19261, GBLN- 07/15/2021 $385,739.84 19306 City of South Bend Claims GLBN-19200, GBLN- 07/15/2021 $662,966.62 19301 City of South Bend Claims GLBN-19802, GBLN- 07/20/2021 $3,320,259.68 18644 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. Therefore, upon a motion by Mr. Molnar, seconded by Mr. Gathers, and carried by roll call, the Board ratified the preapproved claims payments. PRIVILEGE OF THE FLOOR Mr. Johnnie Johnson addressed the Board regarding a request he made on May 10, 2021. He stated he also dropped off the same request on July 7, 2021. Mr. Johnson provided pictures supporting these requests regarding the removal of white parking markings on the street between the approved no parking signs at 1124 North Eddy St. He added he also recently requested no parking signs to the South because cars are parked there for 4-5 days. He stated he would also like "Tow Away" or "Delivery Only" signs installed across the street. He thinks that having the one parking spot available only attracts other cars to park illegally. Mr. Johnson also notified the Board that "15 Minute Parking" signs are being ignored at the Foundry rental office across from 1124 N. Eddy St. and delivery trucks park on his side instead. He would also like "Tow Away" or "Delivery Only" signs installed on his side of the street. He has been threatened by motorists because he is policing this area on his own and has called the Police but they are not issuing tickets. Mr. Johnson is also having problems with motorcycles, Uber drivers, delivery trucks and others associated with Notre Dame events. He also shared photos of people parking backwards, parking a few feet from the fire hydrant and too close to a city drain. He said he is worried someone will get hurt, adding that this sign should be removed in the public's interest. Mr. Molnar screenshared a photo of the area that is in question and clarified the exact signage being disputed and the location of the parking issues. He stated he is concerned about student safety. Ms. Maradik stated that we will refer this to staff to see if there is an opportunity for change. Mr. Gilot stated that Community Investment, Engineering and Police have some work to do. He added he recalls the City delegating some parking enforcement authority to Kite Realty. However, the police have the authority of enforcing these signs. Ms. McDaniels stated she would look into this agreement. ADJOURNMENT There being no further business to come before the Board, Ms. Maradik adjourned the meeting at 10:14 a.m. REGULAR MEETING JULY 27, 2021 149 CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President Gary A. Gilot, Member Joseph R. Molnar, Member Jordan V. Gathers, Member Murray L. Miller, Member QJ Attest: Anne Fuchs, Clerk.