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HomeMy WebLinkAbout12/01/75 Board of Public Works MinutesREGULAR MEETING DECEMBER 1, 1975 A regular meeting of the Board of Public Works was convened at - 9:30 a.m. on Monday, December 1, 1975 by Chairman Rollin Farrand, with Mr. Farrand and Mr. Seitz in attendance. Deputy City Attorney Kathleen Cekanski was also in attendance. Minutes of the previous meeting were reviewed and approved. RECOMMENDATION FROM AREA PLAN COMMISSION RE: PETITION TO VACATE NORTH -SOUTH ALLEY EAST OF WALNUT STREET The Area Plan Commission sent a report to the Board that the Com- mission held a public hearing on the petition.of William Lagodney et al, to vacate the first north -south alley east of Walnut Street, running north from the north right-of-way line of Sample Street to the south right-of-way line of the east -west alley between Fisher Street and Sample Street, City of South Bend. They are recommending the petition favorably to the City of South Bend. Upon motion made, seconded and carried, the Board filed the recommendation and referred the petition to the Division of Engineering for preparation of the Vacation Resolution. REQUEST TO REMOVE 30 MINUTE PARKING 'LONE APPROVED The Bureau of Traffic and Lighting recommended that the Board approve the removal of 30 minute parking zone from 6:00 a.m, to 6:00 p.m. at 1801 Linden Avenue. The owner of the property indicates that the zone is no longer needed. Upon motion made, seconded and carried, the Board approved the recommendation to remove the 30 minute parking zone. RIVER BEND PLAZA APPLICATION APPROVED Douglas Simpson, Director of River Bend Plaza, submitted an application to the Board from Birthright, Inc. to hold a Bake Sale on River Bend Plaza on Friday, December 5, 1975. Mr..Simpson recommended the application favorably. Deputy --City Attorney Kathleen Cekanski advised the Board that the group has a permit from the Charitable Solicitations Commission and that approval could be given. Upon motion made, seconded and carried, the Board approved the application. CERTIFICATE OF INSURANCE FILED A Certificate of Insurance from the South Bend Community School-,, Corporation was received. Upon motion made,r:seconded and carried, the certificate was ordered filed. BONDS APPROVED Ray S. Andrysiak, Bureau of Engineering, recommended to the Board that the following bonds were properly executed and could be approved: Excavation Bond of Lewis McEndarfer to 11/7/76 Excavation Bond of Ideal Consolidated, Inc. to 12/31/76 Contractor's Bond of Nandor Mago to 12/31/76 Upon motion made, seconded and carried, the Board approved the bonds to the dates listed. STREET LIGHT OUTAGE REPORT FILED The Street Light Outage Report for the period of November 17 through 21 was received. Upon motion rude, seconded and carried, the report was ordered filed. LETTER OFFERING TO REIMBURSE CITY FOR LOST PARKING REVENUES The following letter was received: 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 REGULAR MEETING DECEMBER 1. 1975 the fence, he has been able to keep two dogs inside the fenced area and he has had no problems with security. Mr. Dunfee said the fence allows 90% visibility. He said he realized the Board might be setting some kind of precedent in this matter. He said Mr. Leyba would be willing to submit an indemnity agreement to the City providing that Mr. Leyba could continue to use the property with some restrictions. The City could have such an agreement recorded for record. Mr. Leyba would agree that there would no no obstruction to visibility in the area. He would agree to take the fence down within fifteen days of receiving notification from the City that they wanted it taken down. Mr..Leyba would make a $250.00 deposit at the First Bank and Trust Company to secure removal of the fence if he did not take it down within fifteen days of notification. Mr. Dunfee said an estimate was obtained from the Calho Fence Company and this deposit is five times the amount needed to remove the fence- Should this occur sometime in the future when this amount would not be sufficient for removal of the fence, the agreement would provide, in case of default, that a lien would be placed on the real estate in question. Mr. Dunfee said they are trying to protect the City in this matter and feel that this would not hurt the City in any way, it would not hurt the surrounding property owners, and the granting of the petition would have great value to Mr. Leyba. Mr. Seitz asked Mr. Dunfee if the security problem could be handled by moving the fence back. Mr. Dunfee said in order to provide for maximum security, the dogs have to be where they can see the front entrance to the building and that is near the sidewalk. Mr. Farrand noted that there is a traffic control sign behind the fence and the City cannot get to that sign. He said the property owner should have been aware that this traffic control sign was on the public right-of-way. Mr. Farrand also noted that this matter came to the Board through a complaint regarding the construction of the fence. Ray S. Andrysiak, Bureau of Engineering, advised the Board that simply noving the fence back six feet would not solve the problem. The right-of-way line extends all the way back to the garage building, which is about fifteen feet. Mr. Andrysiak said across Olive Street from the half -section line, we have a forty foot right-of-way and on Mr. Leyba's side of Olive Street there is a twenty-five foot right-of-way. He said the people across Olive Street could put up a fence about a foot from the sidewalk and be on the property line. On Mr. Leyba's side of Olive Street, the right-of-way extends fifteen feet from the sidewalk. Mr. Dunfee said they would provide for relocation of the traffic control sign. Ile said he would be happy to speak to the complainant in this matter. Upon motion made, seconded and carried, the Board tabled the matter for further review. It will be brought before the Board again on Monday, December 15, 1975. COMPLAINT - ICE AND SNOW ON STREETS Gene Evans, Civic Planning Association, called the attention of the Board to the bad driving conditions last Wednesday, November 26 because some streets in the southeast area, particularly Miami and Ireland Road, did not have salt or sand applied. Mr. Farrand said he would look into the matter and thanked Mr. Evans for bringing the matter to the Board's attention. Mr. Farrand noted that he was out on the streets Wednesday evening and the streets he drove all appeared to be passable. 0 1 REGULAR MEETING DECEMBER 1, 1975 There being no further business to come before the Board, upon motion made, seconded and'carried,.the meeting adjourned . at 10:10 a.m. ATTEST: Patricia DeClercq, Cler . r-a 1 LJ