01/19/76 Board of Public Works Minutes

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185 REGULAR MEETING JANUARY 19, 1976 for the setting of the meters;; in all cabs. Mr. Thompson said he would post in the cab the information that the passengers are entitled to a 25� reduction off,the metered rate for each trip. Mr. Mullen asked if this applied to each passenger in the cab and Mr. Thompson said that it did. Mr. Brunner said the resolution submitted to the Board this morning would have to be redrafted since the resolution indicated a 50y,reduction would be made at the end of each trip. Upon motion made by Mr. Brunner, seconded by Mr. Farrand and carried, the matter of the Bicentennial Cab reduced fare was tabled until January 26, 1976 so that the resolution can be redrafted and resubmitted to the Board. REPORT FROM LEGAL DEPARTMENT ON TREE CUTTING SERVICE AT WILLIAM AND MARION Mr. Brunner.reported to the Board that the Legal Department had researched the problem of a tree cutting service operating at William and Marion Street, brought to the attention of the Board last Monday. by Donald Fisher, President of the Park Avenue Neighborhood Association. Mr. Brunner said that Deputy City Attorney William Stanley has been involved in this case since last September. The Legal Department investigated the status of the case and finds that there presently is litigation pending against the owner of the property. Litigation is also pending against a third party defendant, Conrad Hansen, who is using the lot based on a verbal agreement with the owner, Dr. Alfred Fromm. Mr. Brunner said he had received a call from Mr. Hansen who assured him that the nuisance would be abated within one week's time. r-� Mr. Brunner said he asked Police Chief Michael Borkowski to have a beat U patrolman in that area check the lot from Friday through Monday to see if the nuisance was being abated. Sgt. James Rzeszewski, South Bend police officer was present and said he checked the lot on Friday and Saturday and no work was being done. On Sunday there was some work being done splitting logs. As of 9:30 this morning, Sgt. Rzeszewski said there was one man on the lot.splitting logs but very minor clean-up had been done. Mr. Mullen asked Sgt. Rzeszewski if there was any burning on the lot and Sgt. Rzeszewski said there was not. Mr. Brunner said while it would appear that Mr. Hansen was beginning to suspend operations, his agreement was that the nuisance would be abated and the lot cleaned up by today. Mr. Brunner said if the lot was not cleared by today, he would suggest that the City proceed with their pre-trial with respect to.a request for a temporary injunction. Mr. Stanley was present and said he would file an affidavit and ask for a temporary injunction hearing one week from the time of filing. Mr. Brunner said Mr. Hansen has had sufficient time to abate the nuisance which has been in existence since last September. He said Mr. Hansen should be aware that this injunction suit will be pressed immediately if the nui-sance is not cleared. Mr. Brunner then asked Sgt. Rzeszewski to give him a report tomorrow, January 20, as to whether the logs and barrels have been removed. Mr. Donald Fisher was present and said that he checked the lot this morning at 9:50 a.m, and there was one man working with a power saw. No clean-up has been done. Mr. Brunner then made a motion that the litigation proceedings pending be expedited if the nuisance which apparently is continuing on the Marion Street property is not abated by January 20, 1976. The motion was seconded by Mr. Farrand and was carried. ADOPTION OF RESOLUTION NO. 1, 1976 - SALE OF CITY -OWNED PROPERTY Upon motion made by.11r. Farrand, seconded by Mr. Mullen and carried, the following resolution authorizing the sale of city -owned real estate was adopted: RESOLUTION NO. 1, 1976 A RESOLUTION AUTHORIZING THE SALE OF CERTAIN PARCELS OF REAL ESTATE OWNED BY THE CITY OF SOUTH BEND, INDIANA