07272021 Board of Public Works Meeting

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REGULAR MEETING JULY 27, 2021 147 APPROVAL OF REVOCABLE PERMIT FOR ENCROACHMENT — DIRECTIONAL SIGN TO BE PLACED IN THE LANDSCAPING AT THE NORTHEAST CORNER OF THE PRIVATE DRIVE ENTRANCE (TO ROBINSON CENTER) AT EDDY STREET COMMONS Ms. Maradik stated an application for an Encroachment and Revocable Permit has been received from KRG Eddy Street Land III, LLC for the purpose of allowing a directional sign to be placed in the right-of-way in the landscaping at the Northeast corner of a private drive entrance to the Robinson Community Learning Center entrance at Eddy St. commons. The 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 Mr. Molnar, seconded by Mr. Gathers and carried by roll call, the Revocable Permit was approved. FAVORABLE RECOMMENDATION - PETITION TO VACATE THE STREET AT 2234 HIGHLAND AVE. NORTHERN BORDER OF PROPERTY BEGINS AT PHILIPPA AND DEAD -ENDS AT HIGHLAND AVE. ON WESTERN BORDER Ms. Maradik indicated that Ms. Kathleen A. Kershner, 2234 Highland Ave., South Bend, IN 46613, submitted a request to vacate the above referenced street. Ms. Maradik advised this was reviewed at the last Board meeting, but it had come to Board's attention that the location on the map used for review was incorrect. The corrected map was reviewed and received unfavorable recommendations from Engineering and Community Investment based on three of the four criteria of I.C. 36-7-3-13. However, Ms. Maradik clarified that the Department of Community Investment is willing to consider a favorable recommendation if there was a broader examination of the right-of-way in the area, particularly not wishing to leave a sub -street south of the vacation. Upon further discussion with Engineering, it was determined that there was no foreseeable need for utility use in that right-of-way, and that there are no further plans to pursue development in this area at this time. Ms. Maradik noted that the Board also received a letter from 6th District Council Member Sheila Niezgodski requesting support for Ms. Kershner's request. Mr. Gilot was also in communication with 2nd District County Commissioner Derek Dieter, who was in attendance earlier in the meeting and had also offered his support of this street vacation. Mr. Gilot advised that he personally visited the location and noted a significant grade change, adding that this area is not a traditional neighborhood layout. Mr. Gilot expressed he is therefore also in favor of the vacation. Petitioner Kathleen Kershner thanked the Board and noted that for twenty-three (23) years, she and her neighbors have been maintaining this strange, overgrown area and cleaning up the trash, as this has become a dumping spot. Public Works Director Eric Horvath added he also supports the favorable recommendation to vacate pending further clarification of the location. Further discussion ensued between Ms. Maradik, Mr. Horvath, and Ms. Kerschner regarding the location, clarifying that the request is for the northern portion of the street, which would leave a stub that is still part of the street. The City would need to further evaluate the Southern portion of the street to decide whether to keep it as a street or downgrade it to an alley (the stub that dead ends into Ewing). Ms. Maradik also noted that if the street is vacated, half would go to the petitioner and half would go to other adjacent property owner. If Ms. Kerschner wanted full ownership, she would need to come to a mutual agreement with the other property owners. Mr. Horvath recommended following up and getting the rest of the street vacated to serve as private access. Ms. Maradik stated the Western portion of the East/West alley does not currently go all the way to Olive. There is right-of-way but it is overgrown and not used. So as to not create a dead-end alley, further review is needed as to what solution makes sense. Therefore, Mr. Gilot made a motion to send a favorable recommendation to the Council. Mr. Molnar seconded the motion which carried by roll call. RATIFY APPROVAL AND/OR RELEASE CONTRACTOR, EXCAVATION AND OCCUPANCY BONDS The Division of Engineering Permit Department recommended that the following bonds be ratified pursuant to Resolution 100-2000 and/or released as follows: Business Bond Type Approved/ Released Effective Date Cabbit Concrete Contractor Approved 07/15/2021 Octavio Luna Contractor Released 08/13/2021