RM 06-06-75 - Laserfiche WebLink

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5. OLD OUSINESS (Cont'd) hat 'we proceeded to make a larger project than what we have in the first place of taking care of .a remedy of somE.body not suing the ivil City of South Bend,'or a pedestrian or• a citizen of the City of getting hurt out there." resident Nimtz said that we don't have a report.from' the Engineering epartment, and frankly does not see how we can act on this one way r another until thE: Engineering Department gives us their recommends- ion. .egal Counsel, Mr. Butler, made the recommendation that the plywood be )laced back on the grille until a solution is determined. President limtz said that lawyers get- concerned about `''potential - liability in :hose things and that is Mr. Butler's concern here that something is 'iable to happen, and "this is, I think, what we all want to do is :o remedy this, and Mr. Butler's concern about. "the immediate situation s to prevent anything from happening until. we do arrive at a solution." : ommissioner Wiggins said it is still fresh in his memory when we )ut down two strips of a proposed surface material (Tartan) for the 'laza on a couple of areas on the sidewalk and people slipped and fell in it and they sued us. Ir. Brownell said there might be as much of a chance of people stumbling ever the plywood as on the grate. Ir. Butler requested if there is some way to place thE: planters out there Without anything to deter it. Mr. Slabaugh said if we follow the OSHA ,egulations, we can put 2" pipe railing there. They can put up nice looking iarricades up there and they would turn out beautiful and that would be temporary. , ommissioner Wiggins said he would like to do something temporarily to hold ,his up to take another look at that grating, as he said he thinks there light be some way to modify the existing grating, and not at the kind of xpense here stated,that would solve the problem. "I don't think you an settle that this morning, but that shouldn't be all that difficult. know guys that can get it done!" Mr. Soltesz added, "So do T, and .hey wouldn't need 16 meetings to get it done either!" Ir. Butler in summarizing the gratings said, "I think that generally, how - ver, and I don't know that the engineer's need defense. I think it was design, or potentially or possibly a design error, but generally through - ut the entire mall - -it was a very complex type of engineering project think it is one of the few safety problems -that we have and I do not now of ar.y othE,r specifically that resulted. Commissioner Wiggins greed and added, "To be completely honest with the thing, as complex s this is, the size as this is, we are lucky that we haven't had more roblems that we have had really. Tally -to anybody who has built a house ecently, and argue with the contractor. It always comes out that way." ommissioner Wiggins also asked Mr. Slabaugh° to'do something to protect s until we can do something with the grates, and Mr. Slabaugh agreed. egal Counsel asked Mr. Patrick McMahon if he has rooked at this yet, nd Mr. McMahon said it was not submitted through his office but if the ommission would consider tabling it until the 'next meeting, and also - 22 -