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Greene: What is before you is a request that's been brought to you by a property owner adjacent to this. It's a worked out agreement. Probably the proper petitioner would have been the City of South Bend as they are the owner of the public right of way, and that is, and it does not appear that this is going onto private property in any way? So... Wright: The right of way goes to the east side of the sidewalk. If you measure, it goes to the ... see, we're going to be to the west side towards the street. Greene: Has the City requested any easements? Temporary easements with any of the property owners in the area in order to affect this work? Are you aware? Wright: Not that the city has, no. I know we had somebody out trying to get us an easement to do that. Patrick: May I make a suggestion? Greene: Sure. Patrick: I see in the C ofA that the description of the work is to place the metal cabinet north of driveway which is still its basic location, correct? Why can't we accept the C ofA with the clarifications as suggested by Mr. LaPierre? As they do not conflict with what's on here. Greene: If you're willing to agree to this, what you could do is basically a conditional or subject to type of approval. I would recommend that you get something from the City Engineer that this is indeed acceptable to the City, because in fact they would be the proper petitioner in the matter. I think that the reason that it was phrased this way was in order to provide the property owner most affected by this the maximum opportunity to provide input. Patrick: So we could, in our jurisdiction, approve now, we could make it subject to the City Engineer's approval then have Catherine, as the Director of the HPC staff approve since it meets that conditional approval and then this would not have to come before the Commission again. Greene: Yes. And the Board of Public Works will be meeting on Thursday in agenda session and next Tuesday in regular session so this matter could be moved along rather expeditiously. Wright: Who would I get a hold of? Greene: Carl or me. Wright: You? Ok. Sporleder: Don't we need a motion ofsome sort? Klusczinski: Lynn are you willing to modem this C ofA? With a motion? Patrick: How about I state a motion and see if it flies? I move... Klusczinski: Ooop, wait another quick question. Patrick: Another question? Chase: Is it customary, I've noticed these boxes going up around the city, is it customaryfor the City and AT&T without contacting the people that live there to what the least possible obstruction would be? There might be many cases where the people aren't aware, and you know ... I mean, who makes the decision of who's putting it where and it will be how big? Wright: Usually the engineer. It depends on the engineer and what area it is. A lot of times I'll do that, I'll go knock on doors... Chase: So some consideration is given to neighbors? Wright: Oh yeah. We try to stay in utility easements, alleys, we don't want to put them out like that, we do try to do that. Chase: Thank you. Klusczinski: Lynn would you want to take a crack at the motion? Patrick: Yes, I would. I move that we accept C ofA 2007-0430A... Klusczinski: that we amend C ofA... Patrick: I was going to say conditionally... Klusczinski: Right, but we can't accept at this point without public hearing. Patrick: Ok. Well now I've lost my train of thought. I move that we accept ... no, amend C ofA 2007- 0430A ... I need more coffee ... 2007-0430A, and that's amend the C ofA submitted by AT&T to include the six items mentioned in the letter by Louis LaPierre dated May 21, 2007, as long as ... contingent upon approval by the City Engineer and Public Works. Riley: Second the motion. Klusczinski: All in favor of the modified C ofA? (Ayes are heard) Oppposed? (Silence) Ok, I'll open public hearing for C ofA 2007-0430A with the stipulations just stated. Any member of the public wishing 7