10232018 Board of Public Works Meeting

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REGULAR MEETING OCTOBEI� 23, 2018 331 Woodward — Block Party - 2018; 9:00 Ave. to Elwood Ave. Subject to no College Street a.m. to 8:00 Staking of Tent Block Party p.m. in Street and No Blocking of Access to for Emergency Vehicles TABLE APPLICATION FOR REVOCABLE PERMIT FOR ENCROACHMENT — EAST WAYNE STREET NEIGHBORHOOD ASSOCIATION — WEST END OF LARGE ISLAND AT 1100 WAYNE ST. Mr. Gilot stated a Revocable Permit has been received from Ms. Linda Riley, Treasurer for the East Wayne Street Neighborhood Association, for the purpose of allowing a book kiosk to be placed in the right-of-way at the west end of the large island at 1100 Wayne St. Mr. Jon Gaul, 1204 Wayne Street, asked if the residents could speak, Mr. Gilot requested they state their names and speak. Ms. Elizabeth Adey stated she lives on Wayne Street and noted the kiosk was already placed on the island without anyone being asked. The residents asked the petitioner to remove it and it was removed. She stated she was not aware of this new request, she just happened to see the Board's agenda with the request on it. She added nobody spoke to any of the neighbors and nothing was put on the neighborhood group Facebook or Google site. She stated they are concerned about who is going to take care of it and kids getting injured when playing in the park. She added there are no sidewalks to access the kiosk. Ms. Adey informed the Board that there are already two (2) kiosks in the neighborhood, this isn't needed. She stated the neighbors have been asking these questions of the association, which is not an actual association, and they haven't answered any of their questions. She added they have gotten no information about this request. Alicia Fullenkamp stated when she asked the petitioner what was going on she was told they want to make it available to the children. She noted they already have two (2) boxes and a library, this is not needed. She added it is not fair to the majority of the neighbors that have to look at this box and were never asked about it. Mr. Jon Gaul stated he was formerly with the FBI in Washington D.C. and there was a problem with drug deals done through these boxes. He noted they were used as drop-off points for drug and money exchanges. He noted with the current opioid problem, this is a dangerous concern for the neighbors. He added this box is not something the neighbors want to see in their neighborhood. Mr. Gilot thanked them and asked if the petitioner or anybody else wished to speak in favor. Mr. Gaul noted the petitioner was not present. Ms. Adey noted she presents herself as the Neighborhood Association, but it is not an incorporated neighborhood association. Mr. Jitin Kain, Public Works, stated these kiosks are not legal in the tree lawn based on the zoning ordinance. He noted they should only be placed on private property. Mr. Eric Horvath, Public Works, suggested the Board should probably deny them, noting they aren't legal based on zoning and they don't want to encourage more of these in the public right-of-way. Therefore, Ms. Maradik made a motion to table the request. Mr. Mueller seconded the motion, which carried. Mr. Gilot requested a letter be sent to the petitioner letting them know of the comments from the City and the neighbors, and letting them know they could re -apply but must have approvals included from all affected neighbors, UNFAVORABLE RECOMMENDATION - PETITION TO VACATE THE EAST/WEST ALLEY" WEST OF NORTH NOTR , DAME AVENUE EAST OF NORTH ST, PETER STREET" SOUTH OF NAPOLEON BLVD. AND NORTH OF ST. VINCENT STREET Mr. Gilot indicated that Ms. Elida Matovina, 1115 N. Notre Dame Ave., South Bend, Indiana, has submitted a request to vacate the above referenced alley. Mr. Gilot advised the Board is in receipt of unfavorable recommendations concerning this Vacation Petition from the Street Department, Engineering Department, Fire Department, and Area Plan Commission who all state the vacation would make access to the lands of the aggrieved persons by means of public way difficult or inconvenient, a violation of I.C. 36-7-3-13 regarding the criteria for the vacation of streets and alleys. Engineering noted there are overhead utilities and poles in the alley, and that the applicant only wants to close the entrance to the alley at certain times of the year. The Street Department noted the ally is concrete and was installed by the developer and there may be binding language in a contract between the City and the developer. They also noted the applicant only wants to close the entrance during certain times of the year which is not a valid request. The Area Plan Commission stated there is a group residence -style structure that is serviced by this alley and access for fire safety equipment is necessary. The Fire Department stated the alley is needed for access to the structures in the alley. Therefore, Ms. Maradik made a motion for an