03122019 Board of Public Works Meeting

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REGULAR MEETING MARCH 12,2019 58 encroachment shall remain in the right of way until the time as the Board of Public Works of the City of South Bend shall determine that such encroachment is in any way impairing or interfering with the highway or with the free and same flow of traffic. Upon a motion made by Ms. Dorau, seconded by Ms. O'Sullivan and carried, the Revocable Permit was approved. APPROVE REVOCABLE PERMIT FOR ENCROACHMENT — COMMERCE CENTER DEVELOPMENT. LLC Mr. Gilot stated an application for an Encroachment/Revocable Permit has been received from the Commerce Center Development, LLC, 401 E. Colfax Ave., Ste. 277, South Bend, IN 46617, for the purpose of allowing a fresh air intake shaft to encroach in the right-of-way along 350 E. LaSalle Ave, The Engineering Department stated they determined that a permanent retaining wall installation within the public right-of-way is not revocable and recommended denial. Community Investment agreed and suggested the vents and building fayade could be detailed such that the retaining wall stays within the existing private property, or the vents could be relocated elsewhere along the building perimeter and the mechanical design reconfigured. They also recommended denial due to being a permanent encroachment. Mr. Zach Hurst, Engineering stated the encroachment just approved previously by the Board for Seitz Park is structural and is allowed by law to be done through a revocable permit. He noted this is for a retaining wall which is not considered structural since it is not attached to the structure. He stated the Legal Department is working on a permanent easement for this wall. Mr. Eric Horvath, Public Works Director, stated this will only encroach one (1) foot into the right-of-way and won't hinder the public's access. He stated a permanent easement is more appropriate rather than an encroachment. Mr. Gilot asked if the Board should approve a temporary encroachment until the documents for the easement can be completed so construction can proceed. Mr. Horvath and Attorney Kennedy agreed a temporary encroachment would be good until the easement paperwork is approved by the Board. Therefore, upon a motion made by Mr. Gilot, seconded by Ms. Dorau and carried, the Encroachment/Revocable Permit was approved for thirty (30) days, until the easement is drawn up. APPROVE/DENY TRAFFIC CONTROL DEVICES Upon a motion made by Ms. Dorau, seconded by Ms. O'Sullivan and carried, the following traffic control device requests were approved: NEW INSTALLATION: Handicapped Accessible Parking Space Sign LOCATIONS: 243 Altgeld Street 829 E. Calvert Street REMARKS: All Criteria met Upon a motion made by Ms. Dorau, seconded by Ms. O'Sullivan and carried, the following traffic control device requests were denied: NEW INSTALLATION: Handicapped Accessible Parking Space Sign LOCATIONS: 1705 S. Kendall Street 1261 Woodward Avenue REMARKS: All Criteria has not been met APPROVE CONSENTS TO ANNEXATION AND WAIVER OF RIGHTS TO REMONSTRATE Mr. Gilot stated that the Board is in receipt of the following Consents to Annexation and Waivers of Right to Remonstrate. The Consents indicate that in consideration for permission to tap into public water/sanitary sewer system of the City, to provide water/sanitary sewer service to the below referenced properties, the applicants waive and release any and all rights to remonstrate against or oppose any pending or future annexations of the properties by the City of South Bend: A. Miller Family Trust: 1. 25693 Scent Trail — Water/Sewer 2. 25593 Scent Trail — Water/Sewer B. Miller Builder's/Denny Miller; 52548 Common Elder Trail — Water/Sewer C. Stephen & JoAnn DeCloedt; 53333 N. Ironwood Road — Sewer D. Capstone Building and Remodeling: 1. 18045 Stoneridge Street — Water/Sewer