09/24/84 Board of Public Works Minutes

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REGULAR MEETING SEPTEMBER 24. 1984 1. 381 concerning the above referred to matter. Mrs. Rappelli stated that she is requesting that the Board rescind.the permit issued to the Saint Joseph Medical Center to install a sign on the corner of LaSalle and St. Louis Streets which Mrs. Rappelli said is her property.. She stated that.the sign is to be placed five (5) feet from the corner and the placement of the sign jeopardizes the business of her restaurant which is her livelihood. It was noted that on July,16, 1984, Saint Joseph's Medical Center, 811 East Madison Street, South Bend, Indiana, requested permission from the Board to install -a new sign for the Emergency Division of the hospital on the corner of LaSalle and St. Louis Streets. At that time, the request was referred to the Bureau of Traffic and Lighting, Police Department Traffic Division, City Attorney's office and the Building Department for review and recommendation. Based on favorable recommendations received from those departments, the Board on July 23, 1984, approved the request as submitted. In response to Mrs. Rappelli's concerns, Mr: Hill stated that the proposed location of'the sign is"in the public right-of-way and the City maintains that public right-of-way for public safety purposes. Mr. Hill advised that about two and one-half years ago, the Board was confronted with a similar request by Memorial Hospital to place an emergency sign in the public right-of-way. Mr. Hill stated that the Board at that time researched the matter and because it did relate to public safety it was found to be consistent with the need of the City for that public right-of-way. Mr. Hill acknowledged that the hospital is not a public agency but the sign directs people to the emergency entrance of the hospital and is for public health and safety -and it is thereby an appropriate use of the public right-of-way. Mrs. Rappelli indicated that the hospital could place the sign on the property if they held the deed to the property which they do not. She advised that she holds the deed to the property and pays taxes. She submitted to Mr. Hill a copy of a law which she indicated gave her right to the area in front of her property at 713 East LaSalle. Mr. Leszczynski advised Mrs. Rappelli that she does not pay taxes on the public right-of-way in front of her property, and the ownership of the property is subject to the public right-of-way. Mr. Hill advised that the Board did make a determination to allow the placement of the sign in the public right-of-way. It is his feeling that that permission should not be taken from the hospital as the sign is a health and safety need which is very clear and the citizens need to be advised of the location of the emergency entrance to the hospital. Mrs..Rappelli responded that the sign hides her building and she will do whatever she needs to do to keep the sign from being erected no matter what the consequences. Mrs. Rappelli reiterated that the property belongs to her and.no one is going to.place a sign there. Mr. Hill again reiterated that the Board understands her concern but the approval of the placement of the sign was on the basis of public health and safety and the Board has no intention of jeopardizing her business. Mr. Hill further stated that the decision of the Board was based on the policy of the Board established in prior years for public health and safety related signs in the public right-of-way. There being no further comments regarding this matter, Mr. Leszczynski thanked Mrs. Rappelli for attending the meeting and bringing this matter to the attention of the Board.