07-11-94 Public Works & Property Vacation

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(ommitttt Ztport: Public Works and Property Vacation Committee to the tOmm01ti Count Of tht eitY of SOUtfj *n : The July 11, 1994, meeting of the Public Works and Property Vacation Committee was called to order by its Chairperson, Council Member Steve Luecke, at 4:15 P.M. in the Council informal meeting room. Persons in attendance included Council Members: Luecke, Washington, Kelly, Puzzelo, Slavinskas, Zakrewski, Coleman, Duda, and Ladewski; Lori Gesto, John Broden, Carter Wolfe,Don Porter, and Kathleen Cekanski-Farrand. Council Member Luecke noted that the first item on the agenda was to review Bill No. 64-94 which is a property vacation request for Wabash Street. Lori Gesto of Belle Way Trucking Inc. made the presentation. She noted that Wabash Street is listed on the Plat Book as a"Paper Street" which was never developed. Recently they purchased a four acre partial and the"Paper Street"runs through it. So that the business can expand,they are requesting that the Vacation be approved. Council Member Luecke noted that the Board of Public Works sends the proposed Vacation with a favorable recommendation(copy attached). Following discussion, Council Member Washington made a motion, seconded by Council Member Duda, that Bill No. 64-94 be recommended favorably to Council. The motion passed. The Committee then reviewed Bill No. 65-94 which would amend Article 9 of Chapter 20 of the South Bend Municipal Code. Mr. John Broden of the City Attorney's office made the presentation.He noted that he has worked extensively with the Council Attorney, the City Engineer, and the Traffic Engineer in the preparation of this ordinance. The Council Attorney also noted that the Bill attempts to balance the interests of those individuals who have a legal disability under the A.D.A. with the interests of providing reasonable parking for those individuals who wish to visit the downtown area. She noted that the Chief Judge of the St. Joseph Superior Court contacted her last year with regard to a county employee who had exhausted all of her opportunities to attempt to have parking as near to her place of employment as possible. Since she was a county employee and since the city has legal jurisdiction over public ways, the contact was made to the city to see if they could make"Reasonable Accommodations"under the A.D.A. It was noted that individuals who believe that they meet the requirements of being a fulltime employee work in the Central Business District and meet the definitation of being a physically disabled person may petition the Board of Public Works for such parking privileges. The employer must provide proof that the employer has exhausted all of their requirements with regard to making a reasonable accommodations for said employee and must also verify that the employee is working the required amount of hours per week. The board would than review the application and all of the relevant information before taking formal action.If a permit would be granted,there would be a charge imposed for such a