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REGULAR MEETING JULY 12, 1976 <br />by some individuals does not'tiean the City should not take <br />enforcement action against a violation when it is brought to their <br />attention. Mr. Dunfee said he would ask the Board to give him <br />some evidence that the fence is a safety hazard and said the <br />City cannot be selective in its enforcement of the ordinance. <br />He said the property owner has the right of due process. Mr. Dunfee <br />said the reason for the fence being installed was because Mr. <br />Leyba operates a business and the area has a high crime and <br />vandalism rate. Since the erection of the fence, the incidence of <br />crime and vandalism has been zero. Mr. Dunfee then advised <br />the Board that he had submitted a Petition to the City for considera- <br />tion which would allow the fence to remain until such time as the <br />City might have need for the property. They could then order the <br />fence removed within fifteen days and Mr. Leyba would have to remove <br />it. If Mr. Leyba did not remove the fence within fifteen days, the <br />City could have the fence removed at Mr. Leyba's expense. Mr. <br />Dunfee said Mr. Leyba obtained an estimate from the Calho Fence <br />Company that the fence could be removed for $57.40. Mr. Leyba is <br />willing to deposit $250.00 in a bank account, with the bank book <br />to be retained by Mr. Dunfee. The money would remain on deposit and, <br />should the City have to order the "fence removed, they could use this <br />deposit for that purpose. Mr. Dunfee said there have been no <br />property owners remonstrating and no objections to the fence. He <br />said the photographs submitted indicate you can see right through the <br />fence. He asked the Board to consider that this use by an adjacent <br />property owner is not inconsistent with the public use. Mr. Brunner <br />made a motion that the matter be referred to the Legal'Department for <br />review with a report to be made in two weeks at which time final <br />disposition of the matter will be made. Mr. Farrand seconded the <br />motion and it carried. <br />REQUEST FOR TENT SERVICES AT 1201 SOUTH BEND AVENUE DENIED <br />Mr. Farrand noted that the Board had approved the request of the <br />Berean Seventh Day Adventist Church to erect a tent at 215 N. <br />Johnson Street for tent services. The church has erected the <br />tent at 1201 South Bend Avenue and Pastor Roy Bellinger has <br />submitted a letter requesting that permission'be given for the <br />tent at that location. Mr. Farrand said the Bureau of Traffic and <br />Lighting and the Police Department Traffic Detail have made a <br />field investigation of the South Bend Avenue site and they concur <br />that approval should not be given because there is no available <br />parking in the area and traffic congestion from the services might <br />cause problems. It was recommended that an alternate site be chosen. <br />Mr. Bellinger was present and said the church had received permission <br />in the past for the Johnson Street location but.they got permission <br />from the property owner at 1201 South Bend Avenue to put the tent <br />on that lot and they are asking the Board to approve that location. <br />He said they have permission from the Fire Marshal. Chief Edward <br />Szymkowiak of the Fire Inspection Bureau was present and advised the <br />Board that the church does not have a permit from the Fire Marshal. <br />He said his Bureau does not inspect a tent installation until it has <br />been approved by the Board of Public Works, so no inspection has been <br />made of this tent as yet. Mr. Bellinger said he does have a certificate <br />that the tent is fireproof. He said he has contacted the owners of <br />the E & L Super Market, which was the old A & P Super Market on Eddy <br />Street, and might be able to put the tent in their parking lot. Mr. <br />Farrand said the Board would be willing to consider that location. <br />Mr. Brunner°asked Mr. Bellinger to provide the Board with a letter <br />from the owners of the Super Market giving permission to erect the <br />tent on their parking lot and said the Board would consider that <br />request and have the Bureau of Traffic and Lighting and the Police <br />Department conduct field investigations of the area. Mr. Owen Garner, <br />1228 South Bend Avenue, was present and said he objects to the location <br />of the tent on South Bend Avenue. He said it is a small street and there <br />is already heavy traffic in the area. He said there would be.a safety <br />