12/01/75 Board of Public Works Minutes

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DECEMBER 1, 1975 REGULAR MEETING "The -Honorable Jerry J.'Miller Mayor -South Bend South Bend, Indiana Dear. Mayor Miller Stimulation of downtown retail and commercial activity during the current Holiday season is imperative and will make a positive contribution to the economic status of the center city. We believe the parking; ordinance recently passed by the City Council, and signed by you, should be implemented as soon as possible, perhaps no later than next Monday if it is to have significant impact. The downtown business community pledges to provide the neces.sary.funding to legally affect the ordinance. We understand this cost will not exceed $2,600. We urge your immediate action. Sincerely, s/ Robert Blakeney Chairman t� Parking Committee " Mr. Farrand said, upon the advice of the City Attorney's Office,. he would like to move that the letter be accepted and approved for free parking at the meters and the garages on Monday nights after 6 p.m. and on Saturdays, subject to final verification by the City Attorney's Office that this money can legally be accepted and placed in the Parking Garage Fund. Miss Cekanski, Deputy City. Attorney, advised the Board that the Legal Department would make its recommendation on this matter today. Mr. Seitz seconded the motion and it was carried. HEARING ON PETITION RE: FENCE .800 N. OLIVE (BENEDICT LEYBA). Mr. Farrand noted that the -matter of a fence .constructed on the public right-of-way in the 800 block North Olive Street had been called to the Board's attention and had been reviewed by the Engineering Department and the Legal Department- Jack C. Dunfee, Jr., Attorney, was present and informed the Board that he represented the property owner in this matter, Mr. Benedict Leyba. Mr. Dunfee said that Mr. Leyba was petitioning the Board to allow him to continue the use of what appears to be the public right-of-way at property he owns which is used for the operation of Ben's Tire Clinic. Mr. Dunfee said the property in question has been used for planting shrubbery up to the sidewalk line for many years. In the early part of October, Mr. Leyba construcated a cyclone fence up to the sidewalk line. He was uncertain at that time that he was building on the public right- of-way. Mr. Dunfee said there is considerable confusion with regard to where the right-of-way is on North Olive Street. At one point, the right-of-way is 80 feet, at another it is 65 feet. It is this 15 foot difference that is in question here. Mr. Dunfes said the right-of-way is very jagged on the other side of Olive Street. Mr. Dunfee said Mr. Leyba was petitioning for the use of this public right-of-way, subject to the City's intention as to what they want to do with it. If the City wants to widen the sidewalk or the street and wants the right- of-way, the City would have the right to use it immediately. Mr. Dunfee then exhibited photographs to the Board of various other locations in the City where it appears fences have been constructed on the property line. He said he took pictures of locations on Miami Street and on Sample Street, in two completely different areas of the City, and he said there are many other examples. Mr. Dunfee then said Mr. Leyba had serious security problems at his place of business, Ben's Tire Clinic, during the past several years. With the installation of