12132016 Board of Public Works Agenda

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REGULAR MEETING DECEMBER 13, 2016 400 receipt of unfavorable recommendations concerning this Vacation Petition from the Area Plan Commission, the Fire Department, and Engineering, all stating the vacation would make access to the lands of the aggrieved person by means of public way difficult or inconvenient. Engineering stated also the vacation would hinder the public's access to a church; school or other public building or place. Mr. Contreras was present and informed the Board that all of his neighbors are in favor of the request. He stated he spoke to the electric company and they are okay with the vacation as long as they have access to their utilities, which he will make sure they have. He noted there are vagrants unloading trash in the alley. Mr. Contreras told the Board he does a good job with his property but nobody will rent it the way it is now. He offered to bring — letters of support from his neighbors and the church affected by the vacation. Mr. Gilot explained that Indiana law is very specific about the criteria that must be met for the vacation of an alley. He noted out of the four (4) criteria, this request violates three (3). He agreed that Mr. Contreras has issues that need to be addressed, butthis may not be the best way to address them, suggesting calling the Police to help monitor the situation. He added State law is violated on three (3) counts and even if the church or the neighbors bring in letters, the ownership of the properties can change in the long term, and the Board has to follow State law. He suggested if Mr. Contreras appeals to the Common Council, he might have more political leverage and they might over -rule the Board. Therefore, Ms. Maradik made a motion recommending an unfavorable recommendation of the request for vacation. Ms. Fritzberg seconded the motion which carried. FAVORABLE RECOMMENDATION - PETITION TO VACATE THE NORTHlSOUTH ALLEY WEST OF EDDY STREET EAST OF NOTRE' DAME AVENUE NORTH OF COLFAX AVENUE Mr. Gilot indicated that Mr. Dave DuBois, South Bend Clinic, 211 North Eddy St., South Bend, Indiana 46617, has submitted a request to vacate the above referenced alley. Mr. DuBois stated on his application this is a resubmission due to an error in the description in the original Ordinance. Mr. Gilot advised the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Area Plan. Commission, Solid Waste, Engineering, and Fire Department. Area Plan stated the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation _ would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right-of-way by the neighborhood in which it is located or to which it is contiguous. Therefore, Ms. Maradik made a motion recommending approval of the request for vacation. Ms. Fritzberg seconded the motion which tamed. RATIFY APPROVAL AND/OR RELEASE CONTRACTOR AND EXCAVATION BONDS Ms. Donna Hanson, Division of Engineering, recommended that the following Contractor Bond. be ratified pursuant to Resolution 100-7onn a� f�n,,.— Business Bond Type 9P Approved/ Released Effective Date Raffin Construction Company Contractor Approved Novembe,9,2016 Ms. Maradik made a motion that the bonds approval as outlined above be ratified. Ms. Fritzberg seconded the [notion, which carried. APPROVE. CLAIMS Ms. Maradik 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 $464,849,25 12/09/2016 City of South Bend $5,331,065.03 12/02/2016 City of South Bend $1,103,382.89 11 /30/2016 City of South Bend $2,529,812.86 12/13/2016 U.S. Bank National Association; Smart Streets Bond; $1,880,214.83 12/68/2016 Requisition No. 54 St. Joseph County Housin Consortium $35,656.08 l l/09/2016 St. Joseph County IIousing Consortium $36,858.33 11/18/2016 St. Joseph Cotmty Housing Consortium $2,768.00 11/04/2016