06252019 Board of Public Works Meeting

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REGULAR MEETING JUNE 25, 2019 189 subject to the Ordinance stipulations regarding the installation of a driveway, or the installation of curb if not installing a driveway. Ms. Dorau seconded the motion which carried. FAVORABLE RECOMMENDATION - PETITION TO VACATE THE NORTH/SOUTH ALLEY WEST OF PORTAGE AVE. FROM THE NORTH RIGHT-OF-WAY OF HAMILTON ST. Mr. Gilot indicated that John and Sonia Long, 1905 Portage Ave. South Bend, IN 46628, have submitted a request to vacate the above referenced alley. Mr. Gilot advised the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Area Plan Commission, Street Department, Fire Department, Police Department Community Investment, and Engineering who all state the request meets the criteria of I.C. 36-7-3-13. The Police Department noted the property owner to the west at 1605 Hamilton has not signed their consent. Ms. Long was present and stated she sent the neighbors a certified letter requesting they sign their consent to the vacation, but they refused the letter. She stated she also sent a certified letter informing them of today's Board of Works meeting. Ms. Long stated 1905 Portage Avenue was a farm with acreage before being incorporated. She stated when she sold the neighboring property to the neighbors, they started using this portion of property that they never owned. She informed the Board she wants to sell her property and can't until this issue is resolved for the deed work. Ms. Maradik informed her that the law provides that both property owners split the vacated property in half, so half of this property would go to the neighbors unless they can reach an agreement. Ms. Long stated they have never owned this property, it has always belonged to 1905 Portage Avenue. Mr. Gilot stated if this is part of the parent parcel and she can prove that, the parcel would be returned to the original owner. He noted the Common Council is the final one to act on that. Therefore, Ms. Maradik made a motion recommending approval of the request for vacation. Ms. Dorau seconded the motion which carried. FAVORABLE RECOMMENDATION - PETITION TO VACATE THE 15' RIGHT-OF-WAY ALONG THE SOUTH SIDE OF THE SIDEWALK ALONG 810 E. NAPOLEON ST. FROM N. ST. PETER ST. TO N. NOTRE DAME AVE. Mr. Gilot indicated that Mr. Abraham Marcus, Marcus Realty, LLC, 1217 S. Walnut St., Suite L, South Bend, IN 46619, has submitted a request to vacate the above referenced right-of-way. Mr. Gilot advised the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Area Plan Commission, Street Department, Fire Department, Police Department Community Investment, and Engineering who all state the request meets the criteria of I.C. 36-7-3-13. Engineering recommended the Board require the petitioner to have a professional survey done to show the exact location of the current property lines in relation to the existing sidewalk and once the exact dimensions are determined, submit a design plan showing the changes proposed to the right-of-way of Napoleon Street. Additionally, property corners should be installed by a surveyor. Therefore, Ms. Maradik made a motion recommending approval of the request for vacation subject to Engineering's stipulations. Ms. Dorau seconded the motion which carried. APPROVE TRAFFIC CONTROL DEVICE Upon a motion made by Ms. Maradik, seconded by Ms. Dorau and carried, the following traffic control device requests were approved: NEW INSTALLATION: Residential Parking Only with Tow Away Placard LOCATION: East and West Side of N. Frances St. between Napoleon St. and Howard St., and North and South Side of St. Vincent St. between N. Notre Dame Ave. and E. Pokagon St. REMARKS: All Criteria has been Met REVISION: School Speed Limit Sign DESCRIPTION: Change Speed Limit Sign from 35 mph to 25 mph when Flashing LOCATION: School Zone at Success Academy and Career Academy REMARKS: All Criteria has been Met RATIFY APPROVAL AND/OR RELEASE CONTRACTOR, EXCAVATION, AND OCCUPANCY BONDS