Loading...
HomeMy WebLinkAbout11/19/85 Board of Public Works MinutesREGULAR MEETING NOVEMBER 19, 1985 The regular meeting of the Board of Public Works was convened at 9:35 a.m. on Tuesday, November 19, 1985, by President John E. Leszczynski, with Mr. Leszczynski and Ms. Katherine G. Barnard present. Board member Michael L. Vance was not in attendance. 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 12, 1985, regular meeting of the Board were approved. PUBLIC HEARING, RESCISSION OF PRIOR DENIAL AND APPROVAL OF TAXICAB DRIVER'S LICENSE - JEFF RUPE Mr. Jeff Rupe, 23768 U.S. 20, Lot #82, 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 November 7, 1985, Mr. Michael L. Vance, Director, Administration and Finance, advised Mr. Rupe that his license application was being denied based on his past criminal record. Further in that letter, Mr. Vance stated that pursuant to Section 4-16 (a)(4) of the South Bend Municipal Code, a license may be denied for wilful activity in violation of a statute. A background check by the Police Department indicated arrests and convictions for theft in 1980 and attempted battery with a deadly weapon in 1981. Mr. Leszczynski informed Mr. Rupe that the purpose of this Public Hearing was to provide him with an opportunity to make statements in defense of the information on his application, to clarify and 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. Given this opportunity to speak, Mr. Rupe advised that he did not know what to say. In reviewing this application, Ms. Barnard questioned Mr. Rupe's response to the question "have you ever been convicted of a traffic or speeding violation" to which he answered that he had. He advised that he didn't remember what year he received the speeding ticket but advised that it was in the last couple of years probably in 1981 or 1982. In response to Mr. Leszczynski's question, Mr. Rupe stated that he has not had any traffic violations since that time. Ms. Barnard inquired of Mr. Rupe whether he has ever driven a taxicab. He advised that he has not. Further, Ms. Barnard asked Mr. Rupe to please explain the circumstances surrounding the 1981 arrest for battery with a deadly weapon. Mr. Rupe stated that he was involved in a situation where he and his brother were told by a Special Police Officer that they could not ride their bike on the sidewalk. After going on with their activities on the sidewalk they were chased by the officer, caught, and manhandled. In the scuffle, the officer's revolver came loose from his possession and Mr. Rupe was accused of attempting to take the weapon. He stated that he was much younger when this incident occurred and through a Public Defender the charge was plea bargained down to the charge for battery with a deadly weapon. In response to further questions by Ms. Barnard, Mr. Rupe advised that no shots were fired and that this incident occurred in Plymouth, Indiana, and because of the timetable in bringing the matter to trial and sentencing, he actually spent only one (1) year in the County jail in 1982 and placed on probation. C REGULAR MEETING NOVEMBER 19, 1985 Ms. Barnard asked Mr. Rupe to explain the circumstances surrounding the theft charge in September of 1980, as Mr. Rupe listed on his application. He advised that this incident is a separate incident than the arrest for battery with a deadly weapon. He stated that in this situation, he took a vehicle but later returned it. Mr. Rupe advised members of the Board that he has lived in South Bend for the past four (4) years currently living with his mother, is presently unemployed and in the past has attended Ivy Tech. Mr. Rupe further advised the Board that he was informed by a secretary in the City Controller's office that his police background check came back clear but that City Controller Michael L. Vance would not sign and approve the application. Mr. Leszczynski clarified for Mr. Rupe that that statement was made in error and the Board's concern at this time is that of public safety. Mr. Rupe stated that he is an excellent driver, has good vision and stated that he has never robbed anyone and doesn't intend to rob his passengers. Mr. Leszczynski and Ms. Barnard both stated that the Board's concern is for the public safety of the passengers which Mr. Rupe is entrusted to transport. They further advised that it appears that currently Mr. Rupe has had a good record in the area of traffic safety. Therefore, upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, Mr. Vance's prior denial of the taxicab driver's license for Mr. Jeff Rupe was rescinded and the license approved. Mr. Leszczynski advised Mr. Rupe that any future violations could result in the revocation of the license. APPROVE PURCHASE AGREEMENTS - SALE OF CITY -OWNED PROPERTY AT 812 WEST NAPIER AND 1039 & 1041 LA SALLE COURT In accordance with the bid awarded on October 28, 1985, for the purchase of the City -owned lot at 812 West Napier Street in the amount of $165.00 to Mr. Levester Buckingham, Jr., 5003 West Washington Street, South Bend, Indiana, the Purchase Agreement was being submitted at this time for Board approval. Additionally, in accordance with the bids awarded on October 28, 1985, for the purchase of the City -owned lots at 1039 & 1041 LaSalle Court in the amount of $100.00 for each lot to Ms. Denise Jacobson, 1045 LaSalle Court, South Bend, Indiana, the Purchase Agreements were submitted at this time for Board approval. Upon a motion made by Ms. Barnard, seconded by Mr. Leszczynski and carried, the Purchase Agreements were approved and the matter referred to the City Attorney's office for drafting of the appropriate Quit -Claim Deeds. ADOPTION OF RESOLUTION NO. 25-1985 - SALE OF CITY - AT 427 NORTH EDDY STREET Upon a motion made by Mr. Leszczynski, seconded by and carried, the following Resolution No. 25-1985 City -owned property was adopted: RESOLUTION NO. 25-1985 Ms. Barnard for the sale of WHEREAS, the Board of Public Works of the City of South Bend, Indiana, has compiled a current detailed inventory of all real property owned by the City of South Bend; and F, L 1 REGULAR MEETING NOVEMBER 19, 1985 1 WHEREAS, the Board of Public Works has reviewed said inventory of real property and it finds that certain of the parcels of real estate now owned by the City of South Bend are not necessary to the public use and are not set aside by State and City laws for public purposes; and WHEREAS, the Board of Public Works now wishes to take the necessary action to make it possible for the Board, in the future, to sell said parcels of real estate pursuant to State Statutes. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend, Indiana: That the parcel of real estate owned by the City contained in the following list is not necessary to the public use and is not set aside by State or City laws for public purposes: ADDRESS: 427 N. Eddy DEED NO. Part of #1284 ADOPTED this 19th day of November, 1985. BOARD OF PUBLIC WORKS s/John E. Leszczynski s/Katherine G. Barnard ATTEST: s/Sandra M. Parmerlee, Clerk APPROVE CONSTRUCTION CONTRACTS: - OLIVE STREET & S.R. 23 INTERSECTION IMPROVEMENTS PROJECT - FIRE RESTORATION OF FIREHOUSE THEATRE (CORNER OF PORTAGE LINDSEY AND LELAND STREETS) Mr. Leszczynski advised that Construction Contracts for the following projects have been submitted: OLIVE STREET & S.R. 23 INTERSECTION IMPROVEMENTS PROJECT BID AWARDED ON: NOVEMBER 5, 1985 CONTRACTOR: Rieth-Riley Construction Company, Inc. P.O. Box 1775 South Bend, Indiana CONTRACT AMOUNT: $119,870.10 - FIRE RESTORATION OF FIREHOUSE THEATRE (CORNER OF PORTAGE LINDSEY AND LELAND STREETS) BID AWARDED ON: NOVEMBER 12, 1985 CONTRACTOR: L.L. Geans & Sons, Inc. 1721 North Home Street Mishawaka, Indiana CONTRACT AMOUNT: $99,263.00 Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the Contracts were approved and the appropriate Insurance, Performance Bonds and Labor and Materials Payment Bonds as submitted were filed. REGULAR MEETING NOVEMBER 19, 1985 APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Ms. Barnard, seconded by Mr. Leszczynski and carried, the following nine (9) traffic control devices were approved: 1. NEW INSTALLATION, NO PARKING SCHOOL DAYS 8A - 4P - 406-410 E. Ewing. (Requested by Residents). 2. REMOVAL OF THROUGH TRUCK'S PROHIBITED, REVISE TO TRUCKS OVER 26,000 G.V.W. PROHIBITED - 100-300 N. Ironwood, 100 S. Ironwood. (Requested by Traffic Department). 3. REMOVAL OF 2-HOUR PARKING 6A - 6P, REVISE TO 30/ MINUTE PARKING 6A - 6P - 3318 Mishawaka Avenue. (Requested by Garrett's Electronic). 4. REMOVAL OF 2-HOUR PARKING 6A - 6P, REVISE TO 30-MINUTE PARKING 6A - 6P - 3314 Mishawaka Avenue. (Requested by Cabinet City). 5. REMOVAL OF YIELD SIGN, REVISE TO STOP SIGN - Chimes & McArthur. (Requested by Traffic Dept.) 6. REMOVAL OF NO PARKING PASSENGER LOADING ZONE, REVISE TO NO PARKING SCHOOL BUS ZONE - South side of Wall, 480' East of Twyckenham (12 school buses). (Requested by School City). 7. REMOVAL OF HANDICAP ZONE, TOW AWAY ZONE - 633 Diamond. (Moving to new location, Mr. Robert Bond). 8. NEW INSTALLATION 1-HOUR PARKING 6A - 6P - 116 W. Park In. (Requested by Stewart Insurance Agency). 9. REMOVAL OF NO PARKING SCHOOL DAYS 8A - 4P, REVISE TO NO PARKING BUS ZONE - 4702 W. Ford. (Requested by Principal, Mr. Dixon, Navarre School, 13 Buses, 520'). Mr. Leszczynski advised that the traffic control device for the installation of signs indicating "No Parking School Day's 8A-4P" at 406-410 East Ewing Street, was recommended in response to a request by Ms. Mary Ellen Watson, 410 E. Ewing Street, South Bend, Indiana, and the residents of the 300 & 400 blocks of East Ewing for restricted residential parking. A traffic study conducted by the Bureau of Traffic and Lighting revealed that the ordinance requirements for restricted residential parking were not met. In discussing the traffic problem with the petitioner, it was determined that the installation of the above referred to signage would alleviate the problem situation. APPROVE ACCEPTANCE OF EASEMENTS AND RIGHT-OF-WAY Mr. Leszczynski advised that Mr. Richard R. Bennitt and Ms. Betty A. Piasecki have submitted Easements and Rights -of -way for sanitary sewer lines that were built privately and are now part of the City's system. The sanitary sewer lines through the Easements have been received as part of the City's purchase of the Clay Utilities. The Easement and Right-of-way from Mr. Bennitt is for the following parcel of land: Five (5) feet both sides (north and south) of a line east and west, six feet south and parallel to the southern most boundary lines of lots one thru six of the Parker Proposal adj. Rapps 2nd addition Roseland, IN St. Joseph County beginning at the northwest corner of lot 20 Rapps 2nd addition and continuing west 300 feet. REGULAR MEETING NOVEMBER 19, 1985 The Easement and Right-of-way from Ms following parcel of property: Piasecki is for the Northern most boundary line complete length east/west by ten feet south of Lot 20 Rapps second addition in the Town of Roseland, Indiana, as per Quit Claim Deed from John to Betty Piasecki dated 3/27/80. Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the Easements and Rights -of -way as submitted were accepted and approved. APPROVE REQUEST TO ADVERTISE FOR RECEIPT OF BIDS - JANITORIAL SERVICES - POLICE DEPARTMENT In a letter to the Board, Police Chief Charles T. Hurley, requested that the Board advertise for the receipt of bids for janitorial services for the Police Department main station located at 701 West Sample Street and three (3) police substations located at 1716 South Michigan Street, 303 East LaSalle Street and 220 West Olive Street. Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the above request was approved. APPROVE REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - EAST BANK DEMOLITION PHASE III PROJECT Mr. Neil Shanahan, Manager, Bureau of Public Construction, requested that the Board advertise for the receipt of bids for the above referred to project. He advised that the project entails the demolition of the City News Building located at 303 LaSalle and the Standard Mechanical Building located at 345 Hydraulic Avenue. Upon a motion made by Ms. Barnard, seconded by Mr. Leszczynski and carried, the request as submitted was approved. DENY REQUEST FOR RESTRICTED RESIDENTIAL PARKING ZONE - 300 & 400 BLOCK EAST EWING (ALSO SEE TRAFFIC CONTROL DEVICES) Mr. Leszczynski advised that the Bureau of Traffic and Lighting has reviewed the request submitted to the Board on October 7, 1985, by Mary Ellen Watson, 410 East Ewing Street and residents of the 300 and 400 blocks of East Ewing Street for restricted residential parking in the 300 & 400 blocks of East Ewing Street. Mr. Joseph Pluta of the Bureau of Traffic and Lighting, reported that a ten (10) hour (7 a.m. - 4 p.m.) residential field check was conducted for the 300 and 400 blocks of East Ewing as petitioned. During the study, a 10-hour average of 14.6 vehicles per hour were observed. There is a total of 22 available parking spaces. As a result, there is an average occupancy of 66%. The ordinance requires a 75% occupancy but the results indicate the requirements are not met. The Bureau of Traffic and Lighting, however, recommends that in order to help alleviate the traffic problem in the area, "No Parking School Day's 8 a.m. - 4 p.m." signs be installed in the problem area. It was noted that that recommendation was submitted to the Board today in the form of a Traffic Control Device which was approved. Upon a motion made by Ms. Barnard, seconded by Mr. Leszczynski and carried, the above recommendation was accepted, the request for restricted residential parking denied and the traffic control device providing no parking was approved. 088 REGULAR MEETING NOVEMBER 19, 1985 APPROVE CONTRACTOR'S BOND Mr. Melvin Humphrey, Engineering Department, recommended that the Contractor's Bond for David Scott, d/b/a A & S Home Improvement be approved retroactive to November 15, 1985. Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the above Contractor's Bond was approved. FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORT A report from the Department of Code Enforcement indicating a total of sixty-six (66) properties cleaned from November 12, 1985 to November 15, 1985 was submitted. Upon a motion made by Ms. Barnard, seconded by Mr. Leszczynski and carried, the report as submitted was filed. APPROVE CLAIMS Mr. John W. Ferguson, Executive Director, St. Joseph County Job Training Program submitted two (2) lists containing one -hundred nineteen (119) claims and recommended approval. Additionally, Deputy City Controller Carol M. Sanders submitted Claim Docket No. 025536 through Claim Docket No. 025965 and recommended approval. Upon a motion made by Ms. Barnard, seconded by Mr. Leszczynski and carried, the claims were approved and the reports as submitted were filed. PRIVILEGE OF THE FLOOR: REQUEST OF FIREFIGHTERS ASSOCIATION TO HAVE 1986 HOLIDAY SCHEDULE AS APPROVED RECONSIDERED TO INCLUDE ELECTION DAYS AND ALL DAY GOOD FRIDAY REFERRED Mr. Steve E. Weiger, Chairman, IAFF Local #362 Firefighter's Wage and Grievance Committee, 4004 Miami Street, South Bend, Indiana, submitted to the Board a letter which stated that in representing the firefighters IAFF Local #362, he asks the Board to reconsider rescheduling the two (2) election days on the 1986 holiday schedule, as well as the entire day of Good Friday being rescheduled in place of the one-half day that has been scheduled for the years 1985 and 1986. Mr. Weiger advised that as prescribed by state law, these days are legal state holidays and are to be treated as Sundays. He further stated that it is apparent that someone in the City Attorney's office has failed to check this statute. The request is being made for immediate resolve. Mr. Weiger further cited Indiana Burns Statutes 3-1-21-6 and 1-1-91 as the basis for his request. In conclusion, he stated that the Firefighters are certain that the prior action of the Board in approving the new 1986 holiday schedule on October 28, 1985, was a mistake inadvertently made in not having all of the facts before them. Upon a motion made by Ms. Barnard, seconded by Mr. Leszczynski and carried, the request as submitted was referred to the City Attorney's office for review with a report of their findings to be submitted to the Board at its next regularly scheduled meeting on November 26, 1985. 9 8, REGULAR MEETING ADJOURNMENT There being no further business motion made by Mr. Leszczynski, carried, the meeting adjourned 1 ATTEST: V Sandra M. Parmerlee, Clerk 1 1 NOVEMBER 19, 1985 to come before the Board, upon a seconded by Ms. Barnard and at 9:55 a.m. VAI Ny- Katherine Barnard