04/25/11 Board of Public Works Minutes

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REGULAR MEETING APRIL 25, 2011 150 DATES/TIMES: Mondays through Fridays 11.00 a.m. to 5:00 p.m.; Saturdays 11:00 a.m. to 3:00 p.m. SEE COMMENTS: Subject to allowing 5' pedestrian right-of-way, and clear zone from cars. Tables should not be chained to light poles and signs; and should be adjacent to the front of the restaurant. APPLICANT: DHW& Company Series Two D/B/A Five Guys Burgers & Fries LOCATION: 1233 North Eddy Street DATES/TIMES: Daily; 11:00 a.m. to 10:00 p.m. SEE COMMENT: Engineering stated the seating area should be moved to the area next to the building instead of the curb. APPLICANT: Trio's Restaurant &Jazz Club LOCATION: 129 North Michigan Street DATES/TIMES: Daily; 11:00 a.m. to Midnight SEE COMMENTS: Subject to a 5' pedestrian clearance and clear zone to cars. It was noted by the Board that if alcohol is served, there must be a fence around the perimeters. . Mr. Gilot made a motion that the Sidewalk Cafe Permit Applications be approved as outlined above. Mr. Inks seconded the motion which carried. Mr. Gilot asked that Downtown South Bend be contacted to monitor the setup of the sidewalk cafes. APPROVAL OF LICENSE APPLICATION RENEWAL FOR MASSAGE ESTABLISHMENT Mr. Gilot stated that the Board is in receipt of favorable recommendations for renewal of the Massage License for Bangs Salon and Spa, 1638 North Ironwood Drive, South Bend, Indiana 46635. Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the renewal of the License was approved. FAVORABLE RECOMMENDATION - PETITION TO VACATE LINCOLNWAY BETWEEN CITY LIMIT LINES WEST OF TERMINAL DRIVE AND EAST OF MAYFLOWER ROAD Mr. Gilot indicated that DLZ Indiana, LLC, on behalf of the St. Joseph County Airport Authority, has submitted a request to vacate the above referenced street for the purposes of extending the airport runway. 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 & Economic Development 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 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. Community & Economic Development stated that they have no objection to this vacation as long as the needs of adjoining property owners are met, especially those currently living in the area or were forced out of their trailer homes. Therefore, Mr. Inks made a motion that the Board approve the vacation and that the Clerk send a letter to the petitioner addressing these concerns. Mr. Littrell seconded the motion which carried. FAVORABLE RECOMMENDATION - PETITION TO VACATE MAPLE ROAD FROM PRAIRIE AVENUE SOUTH TO THE BYPASS UNDERPASS Mr. Gilot indicated that WJC Holdings C/O Portage Corp., 52303 Emmons Road, South Bend, Indiana 46637, has submitted a request to vacate the above referenced street for security, maintenance, and possible future development. 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 Engineering. Mr. Gilot advised the Board is in receipt of an unfavorable recommendation concerning this Vacation Petition from Community & Economic Development. The Department of Community & Economic Development stated there appears to be no significant reason for closing this road and requested the denial of the requested area. Area Plan stated the vacation would not hinder the growth or