HomeMy WebLinkAbout03142023 Board of Public Works MeetingAGENDA REVIEW SESSION MARCH 9, 2023 42
The Agenda Review Session of the Board of Public Works was convened at 10:33 a.m. on March 9, 2023, by Board President Elizabeth A. Maradik, Vice President Joseph Molnar, and
Board Members Gary Gilot, Jordan Gathers (arrived at 10:45 a.m.), Murray Miller (absent), and
Board Attorney Michael Schmidt present. Board of Public Works Clerk, Theresa Heffner, presented the Board with a proposed agenda of items presented by the public and by City Staff. Board members discussed the following item(s) from the agenda.
RESOLUTIONS Principal Planner, Community Investment Mike Divita was present to discuss item 8.A: A Resolution of the City of South Bend, Indiana Board of Public Works Adopting a Written Fiscal Plan and Establishing a Policy for the Provision of Services to an Annexation Area in German
Township (Resurrection Lutheran Annexation Area). Mr. Divita explained that this is a small
piece of two (2) vacant lots at the corner of Nimitz and Olive. They are looking to put in a parking lot and some landscaping so they would like their property to be in one (1) jurisdiction. Lastly, Mr. Divita added they are already using the City’s sewer and water there, so it is not a big Public Works impact.
AGREEMENTS/CONTRACTS/PROPOSALS/ADDENDA Deputy Director of Public Works Jitin Kain spoke about item 9.A: Shared Mobility Device Operator Agreement with Bird Rides, Inc. He explained that this is a renewal to grant them access to use the public right of way for two (2) more years. There is a license fee of $10,000
that they will pay annually.
VP Molnar asked what the money is used for. Deputy Director Kain explained that the money is used for projects and maintenance of things in the public right-of-way.
Mr. Gilot asked if they provide data on usage. Deputy Director Kain stated that they provide a
dashboard that they give us access to which shows origin destination and they tend to change the location of the bikes and scooters based on that data. VP Molnar asked if the scooters were still restricted in the boundaries of Howard Park. Deputy
Director Kain stated that Howard Park is still restricted because people were mishandling
scooters there. He added that Bird Rides, Inc. have been good partners with the City on changing their geofencing based on where the City does and does not want the scooters. RESOLUTIONS
VP Molnar was present to speak about item 8.B: A Resolution of the City of South Bend,
Indiana Board of Public Works Appointing Board President to Conduct Certain Administrative Acts Relating to Ownership of Property. He explained that there are five (5) or six (6) areas where they want to dedicate or vacate the right-of-way and the resolution is for the calendar year of 2023.
LICENSES AND PERMITS President Maradik brought up item 10.A: Encroachment/Revocable Permit request for a shed and a fence at 1027 De Maude Ave. She noted that is has unfavorable recommendations from staff. Homeowner Jill Sanders-Harris explained that initially she was told that the fence was the issue
and then the shed and now it is both items. She continued to explain that the shed crossed over
the neighbor’s property line but she received approval from the neighbors. President Maradik noted that the Board’s concern is whether the shed or fence is in the City’s right-of-way, not if the shed crosses the property line with the neighbor.
President Maradik asked if a permit was pulled when building the fence. Ms. Sanders-Harris answered no. She stated that she tried to determine what to do after the fence was built and was told that the fence was installed in the City’s right-of-way. Crystal Thompson from the City’s Building Department stated that they first cited the property
back in 2021 for the fence and shed being placed on Ms. Sanders-Harris’ property with no permits pulled first. Upon further review, the Building Department determined that the fence was encroaching on the City’s Right-of-Way and the shed did not meet zoning requirements because it goes onto the neighbor’s property which it has to meet the setbacks standards which is five (5)
REGULAR MEETING MARCH 14, 2023 43
feet on the side and rear of the property lines. President Maradik clarified that the shed is not encroaching in the City’s right-of-way. Ms. Thompson stated that the shed is a zoning issue.
Mr. Gilot advised that the Board of Public Works is responsible for the public right-of-way and keeping it clear of unapproved encroachments. He explained that there is a zoning violation for the shed not being five (5) feet from the property line, and that is a separate matter from the fence. President Maradik added that there is a different process for zoning violations where Ms.
Sanders-Harris would have to go through a variance process to request a variance to keep the
shed in its current location and there could also be other steps with the Building Department, but that would be a matter to address with zoning. Ms. Thompson explained that a variance was requested, but it was put on hold due to the encroachment of the fence.
Mr. Gilot explained the importance for hiring a professional fencing company that knows that
rules and regulations on installing a fence and being able to ask them to correct the issue for no additional charge, which is not an option when hiring someone that does not have the expertise on the public right-of-way. Mr. Gilot then advised Ms. Sanders- Harris of the legal ramifications of having an encroachment which would hold the City harmless and hold her responsible if an
accident occurred and an individual sued and argued that Ms. Sanders-Harris’ encroachment in
the City’s right-of-way exacerbated the damage to the individual. He continued to add that if an encroachment was approved by the Board, it could result in Ms. Sanders-Harris needing to pay for extra insurance to be able to cover any potential legal claims against her.
President Maradik wrapped up the conversation stating that the Board of Public Works typically
sides with the recommendations from staff because they are the specialists in the field. She explained to Ms. Sanders-Harris that if the encroachment was granted, it is revocable and can be removed at any time depending on what the City is working on in the area whether that be six (6) months from now or ten (10) years down the road.
STREET/ALLEY VACATIONS Terry Lang from Wightman was present to answer questions about item 11.A: Alley Vacation at 1023 Quimby St. for Elliot Properties, LLC.
President Maradik stated that the vacation had favorable recommendations from staff and
included a comment that a curb cut would not be approved for any of the parcels off of Eddy Street based on the new configuration and that the Board would want a cross-access agreement for the center lot so the resident could access their property since there would be no curb cut. Mr. Gilot advised that the cross-access agreement be recorded. Mr. Lang from Wightman stated that
they understand the requirements and agree.
OPENING OF PROPOSALS VP Molnar asked about the status of item 3.A: Coal Line Trail, Phase III. He noted that the planning team in Community Investment were surprised to see it on the agenda so quickly.
Assistant City Engineer Leslie Biek explained that it is an LPA project that is federally funded so
as a part of the INDOT’s consultant selection process, Engineering first advertises for proposals and this agenda item is just the Board receiving the proposals. She added that once Engineering reviews the proposals, Engineering will work with the chosen consultant to work on an agreement.
Director of Public Works Eric Horvath asked if this was 80/20 funded. Assistant City Engineer Biek answered yes, and that this is primarily on College Ave.
PRIVILEGE OF THE FLOOR
ADJOURNMENT There being no further business to come before the Board, President Maradik adjourned the meeting at 11:14 a.m.
REGULAR MEETING MARCH 14, 2023 44
REGULAR MEETING MARCH 14, 2023 The Regular Meeting of the Board of Public Works was convened at 9:32 a.m. on Tuesday,
March 14, 2023, by Board President Elizabeth A. Maradik in the 13th 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 Theresa Heffner confirmed the presence of Board President Elizabeth A. Maradik, Vice President Joseph Molnar, and Board Members Gary Gilot, Jordan Gathers, Murray Miller, and Board Attorney Michael Schmidt, with
a roll call. President 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 VP Molnar, seconded by Mr. Gathers and carried by roll call, the
minutes for the Agenda Review Session and Regular Meetings of the Board held on February 23, and February 28, 2023, were approved.
OPENING OF QUOTATIONS – CENTURY CENTER PARKING LOT SEAL AND STRIPE –
PROJECT NO. 122-060B (HOTEL MOTEL TAX – COUNTY FUND 7304)
President 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:
NATIONAL PAVEMENT MAINTENANCE LLC
1928 N. Campbell Ave. Indianapolis, IN 46218 garry@npm.us.com Quotation was submitted by Mr. Garry Newman
Non-Collusion, Non-Discrimination Affidavit Form was completed.
Three (3) Forms MWBE-1.0, 2.0, 2.1 were completed.
QUOTATION: $54,955.50
Upon a motion made by VP Molnar, seconded by Mr. Gathers and carried by roll call, the above
quotations were referred to Public Works for review and recommendation.
OPENING OF PROPOSALS – COAL LINE TRAIL, PHASE III – PROJECT NO. 123-007 (FEDERALLY FUNDED)
Ms. Rebecca Maenhout, Engineering, advised that this was the date set for the receiving and opening of sealed proposals for the above referenced project. President Maradik stated the Proposals will be reviewed and scored based on a matrix system, by a team made up of City representatives. Board Attorney Michael Schmidt read the names of the following companies submitting proposals:
DLZ INDIANA, LLC 2211 E. Jefferson Blvd. South Bend, IN 46615 nhover@dlz.com; mdoyle@dlz.com
March 28, 2023
REGULAR MEETING MARCH 14, 2023 45
Proposal was submitted by Mr. Mathieu Doyle
ABONMARCHE CONSULTANTS, INC.
315 W. Jefferson Blvd. South Bend, IN 46601 rnichols@abonmarche.com; jgunderson@abonmarche.com Proposal was submitted by Ms. Jen Gunderson
LOCHMUELLER GROUP 112 W. Jefferson Blvd., Suite 500 South Bend, IN 46601 JClark@lochgroup.com
Proposal was submitted by Ms. Jessica J. Clark, PE
HWC ENGINEERING 5920 Hohman Ave. Hammond, IN 46320
jgrabijas@hwcengineering.com
Proposal was submitted by Mr. Josh Grabijas, PE
JONES PETRIE RAFINSKI CORP. 325 S. Lafayette Blvd.
South Bend, IN 46601
acunningham@jpr1source.com; mvoll@jpr1source.com Proposal was submitted by Mr. Andrew Cunningham, PLA, LEED AP
Upon a motion made by VP Molnar, seconded by Mr. Gathers and carried by roll call, the above
proposals were referred to Public Works and the Community Investment review team for review
and recommendation.
APPROVAL OF REQUEST TO REJECT BIDS/QUOTATIONS – LASALLE AVENUE STREETSCAPE – PROJECT NO. 122-013R (PR-00020064)
In a memorandum to the Board, Ms. Leslie Biek, requested permission to reject all bids for the
above referenced project due to modifying the scope of the project and will re-advertise. Therefore, upon a motion to reject and readvertise was made by VP Molnar, seconded by Mr. Gathers and carried by roll call, the above request was approved.
APPROVE CHANGE ORDER NO. 2 – MUESSEL GROVE PARK RESTROOM – PROJECT
NO. 118-099R2 (PO-0019070) President Maradik advised that Mr. Zach Hurst, Engineering, has submitted change order number 2 on behalf of Gibson Lewis, LLC, indicating the contract amount be increased by $5,015 for a new contract sum, including this change order, in the amount of $408,702. Upon a
motion made by VP Molnar, seconded by Mr. Gathers and carried by roll call, the change order
was approved.
APPROVE PROJECT COMPLETION AFFIDAVIT – INSTALLATION OF ELECTRIC VEHICLE SUPPLY EQUIPMENT – PROJECT NO. 121-011 (PO-0016949)
President Maradik advised that Mr. Kyle Ludlow, Engineering, has submitted the project
completion affidavit on behalf of Koontz-Wagner Services, LLC, for the above referenced project, indicating a final cost of $64,452.24. Upon a motion made by VP Molnar, seconded by Mr. Gathers and carried by roll call, the project completion affidavit was approved.
APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS AND TITLE SHEET – 2023 TRAFFIC CALMING – PROJECT NO. 122-014C (PR-00023274; SIX (6) TOTAL) In a memorandum to the Board, Ms. Charlotte Brach, 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 VP 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.
REGULAR MEETING MARCH 14, 2023 46
APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS AND TITLE SHEET – 2023 VPA ATHLETIC COURT RENOVATIONS, PHASE III – PROJECT NO. 123-
040 (PR-00023268)
In a memorandum to the Board, Mr. Patrick Sherman, 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 VP 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. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS – 2023 CONTRACTOR PAVING, ROUND I – PROJECT NO. 123-021 (PR-00023513 RIVER WEST TIF, SOUTHSIDE TIF)
In a memorandum to the Board, Mr. Scott Kreeger, Engineering, requested permission to
advertise for the receipt of bids for the above referenced project. Therefore, upon a motion made by VP Molnar, seconded by Mr. Gathers and carried by roll call, the above request was approved.
APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS AND TITLE
SHEET – 2023 GUARDRAIL INSTALLATION AND REPLACEMENT – PROJECT NO. 122-043 (PR-00022501) In a memorandum to the Board, Mr. Finnian Cavanaugh, 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 VP Molnar, seconded by Mr.
Gathers and carried by roll call, the above request to advertise was approved subject to the City Engineer signing the title sheet. ADOPT RESOLUTION NO. 11-2023 – A RESOLUTION OF THE CITY OF SOUTH BEND,
INDIANA BOARD OF PUBLIC WORKS ADOPTING A WRITTEN FISCAL PLAN AND
ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN GERMAN TOWNSHIP (RESURRECTION LUTHERAN ANNEXATION AREA) Upon a motion made by VP Molnar, seconded by Mr. Gathers and carried by roll call, the following resolution was adopted by the Board of Public Works:
RESOLUTION NO. 11-2023 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA ADOPTING A WRITTEN FISCAL PLAN AND
ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN GERMAN TOWNSHIP (RESURRECTION LUTHERAN ANNEXATION AREA)
WHEREAS, there has been submitted to the Common Council of the City of South Bend,
Indiana, an Ordinance and a petition by all (100%) property owners which proposes the annexation of real estate located in German Township, St. Joseph County, Indiana, which is more particularly described at Page 13 of Exhibit “A” attached hereto; and
WHEREAS, the territory proposed to be annexed encompasses approximately 1.2 acres
of vacant land, which property is at least 12.5% contiguous to the current City limits, i.e., 100.0% contiguous, generally located at the southeast corner of Nimtz Parkway and Olive Road (53000 block of Olive Road). It is anticipated that the annexation area will be used for a parking lot; and
WHEREAS, the development will require a basic level of municipal public services of a non-capital improvement nature, including street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, as well as services of a capital improvement nature, including street and road construction, street lighting, a sanitary sewer system, a water
distribution system, and a storm water system and drainage plan; and WHEREAS, the Board of Public Works now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non-capital nature, including street and road maintenance, street sweeping, flushing, and snow removal, and sewage
REGULAR MEETING MARCH 14, 2023 47
collection, and other non-capital services normally provided within the corporate boundaries; and services of a capital improvement nature including street and road construction, street lighting, a
sanitary sewer extension, a water distribution system, and a storm water system to be furnished
to the territory to be annexed; (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non-capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non-capital
services provided to areas within the corporate boundaries of the City of South Bend, regardless
of similar topography, patterns of land use, and population density; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation within the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography,
patterns of land use, or population density, and in a manner consistent with federal, state and
local laws, procedures, and planning criteria; and (6) the plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF
THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS:
Section I. It is in the best interest of the City of South Bend and the area proposed to be annexed that the real property described more particularly at Page 14 of Exhibit “A” attached hereto be annexed to the City of South Bend.
Section II. That it shall be and hereby is now declared and established that it is the policy of the City of South Bend, by and through its Board of Public Works, to furnish to said territory services of a non-capital nature, such as street and road maintenance, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation in a manner
equivalent in standard and scope to services furnished by the City to other areas of the City
regardless of similar topography, patterns of land utilization, and population density; and to furnish to said territory, services of a capital improvement nature such as street and road construction, a street light system, a sanitary sewer system, a water distribution system, a storm water system and drainage plan, within three (3) years of the effective date of the annexation in
the same manner as those services are provided to areas within the corporate boundaries of the
City of South Bend regardless of similar topography, patterns of land use, or population density. Section III. That the Board of Public Works shall and does hereby now establish and adopt the Fiscal Plan, attached hereto and incorporated herein as Exhibit “A”, and made a part
hereof, for the furnishing of said services to the territory to be annexed, which provides, among
other things, that the public sanitary sewer and water network is available with capacity sufficient to service this area with costs for extensions, any improvements in sewer or water capacity, and a City-approved drainage system to be paid for by the developer, all in compliance with state and local law; that no additional street lighting will be necessary and any future
lighting especially of a decorative nature or with underground wiring will be at the
developer/owner’s expense; and that no new roads or streets will be required. Section IV. Sidewalks should be provided by the owner/developer along public streets and must comply with the Americans with Disabilities Act (ADA) under the PROWAG
standards.
Section V. It is required as a condition of annexation that any future alterations to the property meet the City of South Bend’s building and zoning requirements.
Adopted the 14th day of March, 2023. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Elizabeth A. Maradik
s/ Joseph R. Molnar s/ Gary A. Gilot s/ Jordan V. Gathers s/ Murray L. Miller
REGULAR MEETING MARCH 14, 2023 48
ATTEST: s/ Theresa Heffner, Clerk
ADOPT RESOLUTION NO. 12-2023 – A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS APPOINTING BOARD PRESIDENT TO CONDUCT CERTAIN ADMINISTRATIVE ACTS RELATING TO OWNERSHIP OF PROPERTY
Upon a motion made by VP Molnar, seconded by Mr. Gathers and carried by roll call, the
following resolution was adopted by the Board of Public Works:
RESOLUTION NO. 12-2023
A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, BOARD OF PUBLIC WORKS APPOINTING BOARD PRESIDENT TO CONDUCT CERTAIN ADMINISTRATIVE ACTS RELATING TO OWNERSHIP OF PROPERTY
WHEREAS, the City of South Bend, Indiana, Board of Public Works (the “Board”)
exists pursuant to Indiana Code Section 36-4-9-5; and
WHEREAS, I.C. 36-9-6-3 provides that the Board holds real property owned by the City of South Bend, Indiana (the “City”); and
WHEREAS, over the preceding years, the City has acquired property for the purposes
of dedication as right-of-way; and
WHEREAS, City staff members have identified key areas where right-of-way dedication would benefit the residents of South Bend; and
WHEREAS, new subdivision plats dedicating right-of-way from real property owned by the City need owner’s signature; and
WHEREAS, the Board’s President is familiar with the property owned by the Board;
and
WHEREAS, the Board desires to expressly authorize the Board President to sign subdivision plats on the Board’s behalf for the purpose of dedicating Board owned property as right-of-way.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SOUTH BEND,
INDIANA, BOARD OF PUBLIC WORKS AS FOLLOWS:
1.The Board President is authorized to sign all subdivision plats related to Boardowned property, on behalf of the Board, for the purpose of dedicating Boardowned property as right-of-way throughout the calendar year 2023.
2.This Resolution shall be in full force and effect after its adoption.
ADOPTED at a meeting of the City of South Bend, Indiana, Board of Public Works
held on March 14, 2023, 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/ Joseph R. Molnar s/ Gary A. Gilot s/ Jordan V. Gathers s/ Murray L. Miller
ATTEST: s/ Theresa Heffner, Clerk
REGULAR MEETING MARCH 14, 2023 49
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
Shared
Mobility
Device Operator Agreement
Bird Rides, Inc. License Renewal and Two
(2) Year Agreement to
Operate E-Scooters and E-Assist Pedal Bikes in theCity of South BendThrough December 31,
2024
N/A VP Molnar /
Mr. Gathers
Easement
Nos. 63 & 65
American
Electric Power
Two (2) Parcels of
Property Owned by the
Civil City of South Bend at Ponader Park for Electric Transmission, Distribution, and
Communication Lines &
Appurtenant Equipment & Fixtures
N/A VP Molnar /
Mr. Gathers
Agreement for Staff Support Urban Enterprise Associate of South Bend, Inc.
Contract for the City to Provide Support to the UEA at No Cost, January, 2022-December 31, 2024
N/A VP Molnar / Mr. Gathers
Amendment No. 4 to Consulting
Agreement
Veritas, LLC Extend the Consulting Agreement Period for Beck’s Lake until
December 31, 2023
$100 Per Hour; NTE $160.000 (PO-0014509)
VP Molnar / Mr. Gathers
Amendment
No. 1 to
Owner-Engineer Agreement
Engineering
Resources, Inc.
Modify Plans to Reflect
Phase II for Pure Green
Farms Greenhouse Construction Project No. 121-056
$23,000; New
Adjusted
Amount $29,000 (PO-0018948)
VP Molnar /
Mr. Gathers
Deed of Dedication Mike’s Carwash Dedicate Right-of-Way at 4502 S. Michigan St. Project No. DP22-006 for Road, Curb, Tree Lawn
and Sidewalk Work
N/A VP Molnar / Mr. Gathers
Exclusive
Municipal
Sanitary Sewer Easement
Mike’s
Carwash
Access for Sanitary Sewer
Main at 4502 S. Michigan
St. Project No. DP22-006
N/A VP Molnar /
Mr. Gathers
Professional Services Agreement
KIL Architecture & Planning
Design Services for Elbel Clubhouse Renovation for Planning, Budgeting and Fund Raising
NTE $17,000 (PR-00023250) VP Molnar / Mr. Gathers
Professional Services
Agreement
American Structurepoint,
Inc.
Development of Updated Bid Documents for
Century Center Skyway
Restroom Upgrade Project No. 123-042
NTE $22,000 (Hotel Motel
Tax)
VP Molnar / Mr. Gathers
Memorandum of Understanding
Teamsters Local Union No. 364
Clarification of Job Readiness Pay Language in Article 22(B) of Master Agreement
N/A VP Molnar / Mr. Gathers
FAVORABLE RECOMMENDATION - PETITION TO VACATE THE ALLEY AT FIRST NORTH-SOUTH ALLEY LYING WEST OF EDDY ST., BOUNDED ON SOUTH BY
REGULAR MEETING MARCH 14, 2023 50
NORTH RIGHT-OF-WAY LINE OF QUIMBY ST. AND BOUNDED ON NORTH BY SOUTH RIGHT-OF-WAY LINE AT FIRST EAST-WEST ALLEY LYING NORTH OF
QUIMBY ST., APPROXIMATELY 99.99 LINEAL FEET
President Maradik indicated that Elliot Properties, LLC, has submitted a request to vacate the above referenced alley. President Maradik advised the Board is in receipt of favorable recommendations concerning this vacation petition from the Public Works Department, Fire Department, Police Department, and Community Investment subject to removal of alley
approach and install 6-inch curb, establish proper tree lawn, no drive access agreement from
Eddy St., cross access agreement for center lot (315 S. Eddy St.) who all state the request does meet the criteria of I.C. 36-7-3-13. Also, driveway permits will not be issued. Therefore, VP Molnar made a motion to send favorable recommendations to Council subject to comments and recommendations made by staff. Mr. Gathers seconded the motion which carried by roll call.
APPROVE/DENY TRAFFIC CONTROL DEVICES Upon a motion made by VP Molnar, seconded by Mr. Gathers and carried by roll call, the following traffic control device request was approved:
REMOVAL: Handicapped Accessible Parking Space Sign
LOCATIONS: 1033 S. Riverside Dr. 1223 N. Kaley St. 829 S. 27th. St. REMARKS: All Criteria Met
APPROVE RENEWAL OF WASTEWATER DISCHARGE PERMIT(S) In a Memorandum to the Board, Ms. Serena Lozano-Shane, Division of Wastewater, submitted the following wastewater discharge permit(s) for renewal and recommended approval:
Unifrax 1 LLC, 54401 Smilax Rd.
There being no further discussion, upon a motion made by VP Molnar, seconded by Mr. Gathers and carried by roll call, the wastewater discharge permit(s) was approved.
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
Sunnybrook Excavating, LLC Excavation Approved 01/30/2023
A&Z Engineering, LLC Occupancy Approved 02/28/2023
Sunnybrook Excavating, LLC Occupancy Approved 01/30/2023
VP 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 VP Molnar 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 GBLN-52468, GBLN-52469, GBLN-52602 03/01/2023 $2,659,162.01
City of South Bend Claims GBLN-52383 03/01/2023 $2,577,103.47
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 VP Molnar, seconded by Mr. Gathers, and carried by roll call, the Board ratified the preapproved claims payments.
PRIVILEGE OF THE FLOOR
REGULAR MEETING MARCH 14, 2023 51
ADJOURNMENT There being no further business to come before the Board, President Maradik adjourned the
meeting at 9:48 a.m.
March 28, 2023