HomeMy WebLinkAbout07-11-94 Public Works & Property Vacation (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
Public Works and Vacation Committee
July 11, 1994
Page 2
permit. Council Member Luecke recommended that section 20-113.1(b) be amended by
adding the words"or mental"before the word disability.At the request of Council Member
Ladewski section 20 -113.2 (a) was amended to include a new paragraph (3). (Both of
these amendments are set forth in a letter dated July 11, 1994,-copy attached).
Council Member Puzzleo requested that the curb be painted a different color for
such spaces. Council Member Washington spoke in favor of the Bill at that it is an
appropriate Bill in light of the A.D.A. and the City's legal requirement to make
"Reasonable Accommodations".
Mr. Carter Wolfe voiced several concerns with regard to TRANSPO providing
services to the disabled, fee that would be generated from such parking spaces and that
seven lots are being taken due to development in the C.D.B.G. Overall,he stated that he is
"Fairly Comfortable"with the Bill.
Council Member Duda spoke in favor of the Bill stating that the city should
continue to"Mainstream"individuals with disabilities.
Following discussion, Council Member Washington made a motion, seconded by
Council Member Ladewski, that Bill No. 65-94 as to be amended, be recommended
favorably. The motion passed.
There being no further business to come before the Committee, the meeting was
adjourned at 4:50 P.M.
Respectfully submitted,
Council Member Steve Luecke, Chairperson
Public Works and Property Vacation Committee
Attachments