12/15/75 Board of Public Works Minutes

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REGULAR MEETING DECEMBER 15, 1975 A regular meeting of the Board of Public Works was convened at 9:30 a.m. on Monday, December 15, 1975 by Chairman Rollin Farrand with all members present. Deputy City Attorney Kathleen Cekanski was also present. Minutes of the previous meeting were reviewed and approved. HEARING ON ASSESSMENT ROLL - VACATION RESOLUTION NO. 3421 This being the date set for holding a.hearing on the Assessment Roll for Vacation'Resolution No. 3421, 1975, hearing was held for the vacation of Iowa Street from the south right-of-way line of Prast Boulevard to the north right-of-way line of Westmoor Street and Kentucky Street from the south right-of-way line of Prast Boulevard to the north right-of-way line of Westmoor Street. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri-County News which were found to be sufficient. No remonstra- tors appeared and no written remonstrances having been received, the Assessment Poll showing no net damages and no net benefits was approved and said Resolution is in all things ratified and confirmed and said proceedings closed. HEARING ON PETITIO14 FOR FENCE AT 807 N. OLIVE STREET Deputy City Attorney Kathleen Cekanski reported to the Board that she met with -Mr. Farrand and Ralph Wadzinski in regard to the fence con- structed on the public right-of-way at 807 14. Olive Street. The presentation to the Board by Attorney Jack Dunfee on behalf of the petitioner, Benedict Leyba, was discussed from the legal standpoint.. Miss Cekanski said as a result of the meeting they have concurred that there should be an unsuccessful recommendation on the petition based primarily on the liability issue. Since the City has been put on notice that there is an encroachment of 15.5 feet on the public right-of-way, the City does have an obligation, from the liability standpoint, to take the necessary action. It was the consensus of opinion at the meeting that the fence should be ordered removed within a period of 30 days, weather permitting. It was also recom- mended that the pictures submitted by Mr. Dunfee of other alleged violations of the public right-of-way be investigated by the Engineering Department. Miss Cekanski said this would be her recom- mendation to the Board. Mr. Dunfee said he had no further cor_iments to make except to say that there is a much broader issue involved here that the property being discussed. Miss Cekanski said she felt it would be setting a bad precedent to allow a set amount of money to be placed on reserve in a situation such as this. Mr. Dunfee said in this day and age we are asking for citizen participation in government and when this particular citizen has gone to a lot of expense and time to provide a workable solution to a problem, he is slapped down. Mr. Dunfee said he realized it was the system which did not allow the Board to respond. Mr. Seitz said primary consideration should be given to the fact that there was a violation of the ordinance when the fence was put up on the public right-of-way. He said he appreciated Mr. Dunfee's concern but the Board has to consider the overall conse- quences of the entire situation. Mr. Farrand noted that there was a definite encroachment on the right-of-way involved, as evidenced by the traffic signs which were there when the fence was installed and which are now enclosed by the fence. Mr. Dunfee said there is an encroachment but he said there are many other violations where the traffic hazard is much greater. Ile cited the example of the situation at the Farmer's Market. Marchmont Kovas called the attention of the Board to a fence erected in the 1000 block of Riverside Drive at Yukon Street where pedestrians have to walk in the street to get around the fence. Mr. Dunfee then said Mr. Leyba was ready to rerlove the fence immediately if that was the Board's request. Mr. Barcome made a motion that action on the matter be deferred and that the City Engineer's Office be directed to investigate all the alleged violations cited in Mr. Dunfee's petition and any locations mentioned today to see if there are other encroachments. When the investigation is completed, a report will be made to the Board and action will be taken at that time. The motion was seconded and carried. 1