11/12/85 Board of Public Works Minutes

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REGULAR MEETING NOVEMBER 12, 1985 1 The regular meeting of,the Board of Public Works was convened at 9:33 a.m. on Tuesday, November 12, 1985, by President John E. Leszczynski, with Mr. Leszczynski, Ms. Katherine G. Barnard and Mr. Michael L. Vance present. Also present was Assistant City Attorney Carolyn V. Pfotenhauer. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Ms. Barnard, seconded by Mr. Leszczynski, and carried, the minutes of the November 5, 1985, regular meeting of the Board were approved. PUBLIC HEARING AND FAVORABLE RECOMMENDATION - E/W ALLEY BOUNDED BY NILES AVENUE, THE EAST MILL RACE AND LOTS 37 & 38 OF THE ORIGINAL PLAT OF LOWELL Mr. Leszczynski advised that this was the date set for the Board's Public Hearing on a proposed alley vacation described as the east/west alley bounded by Niles Avenue, the East Mill Race and,Lots 37 and 38 of the Original Plat of Lowell. It was noted that this Public Hearing is being held in order for the Board to submit a recommendation to the Common Council concerning the Vacation Petition filed by Mr. Robert Batteast, 430 East LaSalle Street, South Bend, Indiana. It was further noted that pursuant to South Bend Municipal Code Section 18-53.8, owners whose property abut the proposed alley to be vacated were notified of the Board's Public Hearing date. There was no one present wishing to speak either for or against the proposed alley vacation and no written objections were filed with the Board. Mr. Leszczynski further advised that favorable comments concerning this proposed alley vacation were received from the Engineering Department, Area Plan Commission and the Department of Economic Development. In response to a question from South Bend Tribune Reporter James Wensits, Mr. Leszczynski advised that the purpose of this proposed vacation is to eliminate an unused public alley and to provide additional usable land to the adjacent properties. Therefore, upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the Public Hearing on this matter was closed and the Clerk was instructed to forward to the Common Council a favorable recommendation on the above referred to alley vacation subject to any and all utility easements. PUBLIC HEARING AND AFFIRMATION OF DENIAL OF TAXICAB DRIVER'S LICENSE - TERRY HARRIS Mr. Terry Harris, 522 North Johnson Street, South Bend, Indiana, appeared before the Board concerning the recent denial of his application for a Taxicab Driver's License. It was noted that in a letter dated October 31, 1985, Mr. Michael L. Vance, Director, Administration and Finance, advised Mr. Harris that his license application was being denied due to his not being truthful as to the statements on the application. Mr. Leszczynski advised Mr. Harris that, as stated in Mr. Vance's letter, the application was denied due to his untruthfulness in answering the questions. Additionally, a routine Police background check revealed that in February of 1985, Mr. Harris received a traffic citation for speeding and another for disregarding an auto traffic signal. Mr. Leszczynski informed Mr. Harris that the purpose of the Public Hearing was to provide him an opportunity to make statements in defense of the information on his application and to provide any other pertinent information in order for the Board to make a decision to affirm or override the denial of the license.