09272016 Board of Public Works Meeting

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REGULAR MEETING SEPTEMBER 27 2016 309 FAVORABLE RECOMMENDATION PETITION TO VACATE THE FIRST ALLF,Y SOUTH OF WESTERN WESTOF WALNUT TO FIRST NORTH/SOUTH ALLEY Mr. Gilot indicated that Francisco Ortiz, 429 Walnut Street, South Bend, Indiana 46619, has submitted a request to vacate the above referenced alley in order to expand his store at 429 Walnut Street Mr. Gilot advised the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Area Plan Commission, Police Department, Fire Department, Solid Waste, Community Investment and Engineering, provided that the applicant secure and stabilize a narrow chamfer of property for the city as either an easement or right-of- way so vehicles can turn on/off the cast/west segment. 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, Mr. Relos made a motion recommending approval of the request for vacation subject to the Engineering recommendation for a chamfer. Ms. Maradik seconded the motion which carried. FAVORABLE RECOMMENDATION - PETITION TO VACATE THE NORTH/SOUTH ALLEY NORTH OF INDIANA AVENUE BETWEEN WEBSTER AND SWYGART STREET UP TO EAST/WEST ALLEY Mr. Gilot indicated that Jason Simbeck, 1317 West Indiana Avenue, South Bend, Indiana 46613 has submitted a request to vacate the above referenced alley to clean up and improve the appearance. Mr. Gilot advised the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Area Plan Commission, Police Department, Fire Department, Solid Waste, and Community Investment, provided that vacation does not complicate alley access for property owners north of the east -west alley. Engineering recommended favorable subject to the existing utility pole remaining accessible for maintenance and repair, and provided that the applicant secure and stabilize a narrow chamfer of property at the "T" alley intersections so vehicles can turn on and off the east/west segment. 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, Mr. Relos made a motion recommending approval of the request for vacation. Ms. Maradik seconded the motion which carried. UNFAVORABLE RECOMMENDATION - PETffION TO VACATE THE NORTIVSOUT14 ALLEY JUST EAST OF 2802 CALVERT STREET WEST OF PROSPECT NORTH OF DELAWARE STREET Mr. Gilot indicated that Maria and Rafael Gareilazo, 2802 West Calvert Street, South Bend, Indiana, have submitted a request to vacate the above referenced street to clean it up. Mr. Gilot advised the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Area Plan Commission; Police Department, and Solid Waste. Community Investment noted there we other property owners that will lose access to the street and gave a favorable recommendation subject to their approval. Mr. Gilot advised the Board is in receipt of unfavorable recommendations concerning this Vacation Petition from Engineering who stated this was submitted as an alley vacation, but this is actually a paper street (Kaley Street) and a storm sewer is located in the south end of the street which leads to a retention area approximately 900 feet south of Calvert Street, 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 an unfavorable recommendation of the request for vacation, noting there are numerous properties with different owners that will lose access. Mr. Relos seconded the motion which carried.