10/03/77 Board of Public Works Minutes

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REGULAR MEETING OCTOBER 3, 1977 FILING OF LETTER RE: PETITION TO.VACATE;;A PORTION OF VINE STREET AND TWO ALLEYS - INDIANA UNIVERSITY AT SOUTH BEND The Board received a letter from C. E. Ward, on behalf of Indiana. University at South Bend, regarding their petition to vacate a portion of Vine Street and two alleys. The Division of Engineering and the Fire Department reviewed the petition and recommended to the Board that no action be taken on the petition pending negotiations for more fire prevention protection for the complex. Mr. Ward transmitted to the Board a copy of his letter to the Fire Department, dated February 16, 1977, The following proposal was contained in that letter: "In regard to your Departments recommendation for additional fire hydrants, this matter has been discussed in general with University officials. The following procedure has been suggested in this matter: A map of the university property and the surrounding area will be marked up showing existing city water mains, fire hydrants, University water mains, University fire hydrants, proposed additional water mains and fire hydrants both on University property and city property. The writer has obtained prints from the South''•Bend Water Department, showing the _location of water mains and fire hydrants in this area.. This marked up map will then be submitted to your department for comments. After a tentative agreement has been reached locally the proposal will be submitted to the Office of University Architect, the OSHA Director, both at Bloomington, Indiana for their comments. After approval of the plans, it will be necessary to prepare plans, specifications, engineering estimates and to determine the source of funds. The writer hopes to be able to submit this marked up map for your consideration during the week of February 20, 1977. Will call and set up a time before coming to your office. if Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the letter was referred to the Fire Department for comment based on the proposal contained in the letter and their recommendation regarding action on the vacation petition. REPORT - 307 W. CALVERT STREET Deputy City Attorney Terry A. Crone reported that he was authorized to take action against a temporary trailer located at 307 W. Calvert Street which was to have been removed by September 9. He noted that a suit was filed by the City of South Bend against Albert G. Mickelson, owner of the property, on an operation at 816 S. Phillipa Street and the trailer ;at 307 W. Calvert Street was combined in that suit. An agreement was worked out between Mr. Mickelson and the City of South Bend with respect to both properties and a Consent Decree was filed in Circuit Court. Mr. Mickelson is attempting, with the agreement of the City, to close operations at both properties down and move to a new location. The decree filed in Circuit Court requires Mr. Mickelson to vacate the Phillipa Street property by January 16, 1978 and terminate its use as a truck service station and depot. All trucks, scrap and debris are to be removed from the property and Mr. Mickelson has agreed to advise the City of the execution of any lease for the property. Mr. Mickelson has agreed to construct a ten -foot fence in front of the trailer located at 307 W. Calvert Street to block its view from the street. By September 21, 1978, the trailer will be removed from the property. John DeLee, Building Commissioner, was present and pointed out that the agreement does not require Mr. Mickelson to move his operation from Calvert Street. He said there are some violations at that location and said a fence ten feet in height would not meet the zoning laws. Mr. Brunner noted that the Calvert Street operation is one of the scrap yards objected to by the Rum Village Neighborhood Association and said a fence to screen the trailer might help. He said the Fire Department is