08/22/88 Board of Public Works Minutes

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REGULAR MEETING AUGUST 22, 1988 Exhibit K - Week of July 26, 1988 Picture of the deteriorating condition of the sidewalk in the area of the business Mr. Yoder stated that Bud's Wrecker Service takes care of problems brought to their attention in the short term but needs to be reminded of violations as they forget about it and allow violations to occur. In response to Ms. Manier`s inquiry, Mr. Yoder stated that he does not believe the violations will be remedied unless some steps are taken at this time. Ms. Manier presented to the Board Mr. John Leisenring, Chief Deputy Controller, who advised that he is familiar with Bud's Wrecker Service and the Automotive Repair and Service Center license issued to them on March 25, 1988. He acknowledged that he has heard the testimony of Mr. Yoder and that conditions of the operation have been brought to his attention through the inspection report of the Department of Code Enforcement and that Mr. Burger was advised that his license could be revoked. Ms. Manier concluded by advising the Board that this is a serious on -going problem and that temporary measures are taken but vehicles continue to park on the right-of-way which are a detriment to the public, impede free flow of pedestrian traffic and are in violation of conditions of the license. She stated that at this time she presents the matter to the Board for action. Mr. Jim Burger, Bud's Wrecker Service, 1515 South Walnut Street, South Bend, Indiana, was present and addressed the Board. Mr. Burger stated that he is guilty of the violations as indicated and is not denying that charge. He further stated that they pick-up junk cars to be put in their lot but do run out of room. He advised the Board that he is trying to do a service, that everything said was true and he is not denying it but cars are not left on the sidewalks permanently but they do run out of room temporarily. Mr. Ray Jurek, 1910 South Carlisle Street, South Bend, Indiana, was present and advised the Board that occasionally Bud's Wrecker Service does park vehicles on the sidewalk but that no steps are taken to anyone else doing the same thing as other people park across the sidewalk. He stated that he feels that if there is a long term problem and vehicles are left on the sidewalk then that is a problem but occasionally someone may just be in a hurry. He stated that he could show the Board that type of situation occurring elsewhere. Ms. Manier advised that it is not a valid defense to claim someone else is in violation. Mr. James Caldwell, Administrative Assistant to Mayor Joseph E. Kernan, was present and advised that on a regular basis since January of 1988 the Office of the Mayor has received complaints from citizens in the area concerned about the conditions at Bud's Wrecker Service. He stated that he has personally talked with Mr. Burger hoping to resolve the problems. Mr. Caldwell further stated that he felt it important that a Public Hearing be held today regarding this matter and that whatever steps necessary to resolve the problems be taken. Mr. Caldwell concluded by stating that Mr. Burger has not been a good neighbor and the City continues to receive complaints. Mr. Jurek inquired of Mr. Caldwell who has been complaining about the operation of Bud's Wrecker Service and inquired if it was the Rum Village Neighborhood Association. Mr. Caldwell responded that complaints have been received by neighbors.