03142017 Board of Public Works Meeting

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REGULAR MEETING MARCH 14, 2017 70 visual block of the pedestrian crossing; and is a hazard for pedestrians. The Board discussed the size of the signs and noted they are solid all the way to the ground, eliminating any visual sight of pedestrians at the comer. Attorney Schmidt noted the permit includes a release of liability so if they are damaged from snow plowing, the city would not be liable. Mr. Gilot requested these be tabled and Memorial Hospital be contacted about the concerns regarding the placement and the size of the signs. Upon a motion made by Ms. Maradik, seconded by Ms. Dorau and carried, the Revocable Permits were tabled. UNFAVORABLE RECOMMENDATION - PETITION TO VACATE THE 1� NORTHISOUTH ALLEY EAST OF PORTAGE AVENUE FROM NAVARRE STREET TO __. MARION STREET Mr. Gilot indicated that Francis Linarello, 327 W Marion, South Bend, IN 46601, has submitted a request to vacate the above referenced alley for the purpose of setting up outdoor seating at Frank's Place. Mr. Gilot advised that Community Investment and the Engineering Department state the vacation would violate I.C. 36-7-3-13, making access to the lands of the aggrieved person by means of public way difficult or inconvenient. They noted a garage at 334 Navarre St, would become land -locked and at 330 Navarre St. would be compromised (Welsheimer's Funeral Home). The Fire Department gives an unfavorable recommendation due to excess distance from hydrants. Therefore, Mr. Gilot made a motion recommending an unfavorable recommendation of the request for vacation. Ms. Maradik seconded the motion which carried. The Board recommended the petitioner submit a request with an access agreement entered into by the three parties. UNFAVORABLE RECOMMENDATION - PETITION TO VACATE THE END OF EASTIWEST ALLEY AT ST. PAUL'S PLACE BETWEEN WASHINGTON STREET AND COLFAX AVENLTE Mr. Gilot indicated that Terry and Dawn Collins, 1005 W. Washington, South Bend, IN 46601, have submitted a request to vacate the above referenced portion of the alley to reduce speeding traffic and trash dumping in the paved alley. Mr. Gilot advised the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Police Department, Community Investment and Solid Waste Department, Mr. Gilot advised the Board is in receipt of unfavorable recommendations concerning this Vacation Petition from the Area Plan •-_ Commission, Fire Department, and Engineering. 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 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. Fire Department and Engineering state it would make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The Fire Department states the alley is too long and the hydrants are too far for the structures in the alley. Engineering states vacating just a section of the alley will create a dead-end alley with no space to turn around in. Terry and Dawn Collins, the petitioners, were present and stated they own both properties on either side of the alley at the very end. Mr. Collins noted there are three (3) exits and none of the garages have been used for years. He stated the alley is used for dumping trash and televisions. Mr. Gilot informed Mr. Collins that the Board does not approve partial alleys and he doesn't recall approving any stub alleys in his thirty (30) or so years on the Board. Ms. Doran explained that the garage access needs to be considered because even though nobody uses it currently, the ownership may change on the properties. Ms. Maradik noted even if they petitioned for the entire alley, there would be several garages that would have access issues. Ms. Collins stated they only want the end of the alley to be blocked, adding the garages can get out the other direction. Mr. Collins stated he continually gets cited from Code Enforcement for the trash in the alley, and it's not his. He noted when people dump trash, they are blocking the alley with it. Mr. Griot stated he understands there is a Code Enforcement issue that needs to be worked out, but unfortunately there are very specific statutes that govern alley vacations. Mr. Gilot suggested they try to come up with some different creative solution and work with Code Enforcement on the dumping issues. Therefore, Ms. Doran made a motion recommending an unfavorable recommendation of the request for vacation. Ms. Maradik seconded the motion which carried. APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Ms. Maradik, seconded by Ms. Doran and carried, the following traffic control devices were approved: