The City of Brighton said work will be done to remove an unauthorized curb cut made several years ago on Main Street at the CSX Railroad tracks that railroad crews used to get vehicles in-and-out of a driveway while they completed upgrades to the railroad crossing.
The driveway leads to an unauthorized gravel parking lot adjacent to the railroad tracks that was being utilized by members of the Brighton Lions Club, Buon Gusto restaurant customers and the general public.
The situation has placed what Council Member Jim Bohn calls a huge liability burden on the city, if an accident should occur. Access to the driveway was blocked last month by the city, which is concerned about the liability issue.
Out of two bids, the low bid was awarded to Contract Construction Co. at $3,460 to install seven feet of curbing and replace the old sidewalks. The other bid of $5,350 was submitted by Fonson Construction Co.
The vote was 5-2 with Mayor Jim Muzzin and Council Member Larry Schillinger voting against the motion, Muzzin saying, "We don't want to stick the taxpayers with something the city didn't create."
Bohn, however, urged council to approve the contract for “public safety” reasons, saying that, and the liability problem, trumped any concern about who pays for the work.
The city has talked to CSX Corp. officials, but, according to City Manager Dana Foster, the company has expressed an unwillingness to admit any responsibility or pay for removal of the illegal driveway.
Buon Gusto owner Sal Viviano was at the Aug. 16 council meeting and complained he was thrown a curve when the city blocked access to the driveway with a barricade, saying he needed it for garbage trucks and his catering vehicle to get through.
The city agreed to give Viviano a parking space as a temporary loading and unloading zone in front of his business to use until he can get approval for a driveway father from the tracks.
The construction company is expected to start the curb replacement work next week and complete the job within five days.