05/14/13 Board of Public Works Minutes

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REGULAR MEETING MAY 14, 2013 154 the right-of-way throughout the City. The encroachment shall remain in the right of way until such 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. Ms. Martin stated Traffic and Lighting questioned who would be responsible for the maintenance of the signs. Mr. Mecham stated that TRANSPO is responsible to maintain their signs. Therefore, upon a motion made by Mr. Mecham, seconded by Mr. Relos and carried, the Encroachment and Revocable Permit was approved, subject to confirmation that TRANSPO will maintain their signs in perpetuity. FAVORABLE RECOMMENDATION - PETITION TO VACATE THE EAST /WEST ALLEY BETWEEN LINDSEY STREET AND VAN BUREN STREET FROM BLAINE STREET TO THE FIRST NORTH/SOUTH ALLEY Mr. Neal indicated that Ms. Lisa Strege, 7226 Blaine Avenue, South Bend, Indiana 46616, has submitted a request to vacate the above referenced alley for security purposes. Mr. Gilot advised the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Area Plan Commission, Police Department, Fire Department, Solid Waste, Community Investment and Engineering. Area Plan stated the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right -of -way by the neighborhood in which it is located or to which it is contiguous. Therefore, Mr. Relos made a motion recommending approval of the request for the vacation. Mr. Mecham seconded the motion which carried. FAVORABLE RECOMMENDATION - PETITION TO VACATE THE PORTION OF THE EAST/WEST ALLEY BETWEEN FARNEMAN STREET AND DONMOYER AVENUE GOING EAST FROM FELLOWS STREET FROM THE WESTERN EDGE OF THE PROPERTY LINE OF LOT NO, 4 TO THE DEAD -END ALLEY Mr. Neal indicated that Living Stones Church, 718 Donmoyer Avenue, South Bend, Indiana 46614, has submitted a request to vacate the above referenced alley to build a playground for the church. Mr. Neal advised the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Area Plan Commission, Police Department, Fire Department, Solid Waste, Community Investment and Engineering. Area Plan stated the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right -of -way by the neighborhood in which it is located or to which it is contiguous. Therefore, Mr. Neal made a motion recommending approval of the request for the vacation. Mr. Mecham seconded the motion which carried. APPROVE CONSENT TO ANNEXATION AND WAIVER OF RIGHTS TO REMONSTRATE — PROPERTY AT SOUTH SIDE OF DUNN ROAD BETWEEN WILLIS AND BURDETTE STREETS; A PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH R 3 E CLAY TOWNSHIP — SEWER AND WATER Mr. Neal stated that the Board is in receipt of a Consent to Annexation and Waiver of Right to Remonstrate as submitted by Mr. Thomas Troeger, Dunn Place, LLC, mailing address of PO Box 6397, South Bend, Indiana 46660. The Consent indicates that in consideration for permission to tap into public water and sanitary sewer system of the City, to provide water and sanitary sewer service to the above referenced property (Key 4 002 -1106- 5343), Mr. Troeger waives and releases any and all rights to remonstrate against or oppose any pending or future annexation of the property by the City of South Bend, Therefore, Mr. Mecham made a motion that the Consent be approved. Mr. Relos seconded the motion, which carried. APPROVE REVISED WASTEWATER DISCHARGE PERMIT In a Memorandum to the Board, Ms. Kim Thompson, Division of Environmental Services, submitted the following revised Wastewater Discharge Permit and recommended approval: A. Company: Transfer from New Energy Corp. to SB Ethanol Assets, LLC 1. Location: 3201 West Calvert St.