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HomeMy WebLinkAbout03/14/77 Board of Public Works MinutesREGULAR MEE 6ING MARCH 14, 1977 A regular meeting of the Board of Public Works was convened at 9:30 a.m. on Monday, March 14, 1977 b,r President Patrick 11. McMahon with Mr. McMahon, Mr. Brunner and Mr. Mullen present. Deputy City Attorney Georgia C. Luks was also present. MINUTES OF PREVIOUS MEETING APPROVED Mr. Mullen made a motion that the minutes of the March 7 meeting be approved as submitted. Mr. McMahon seconded the motion and it carried. BIDS OPENED - BUREAU OF CELZETERIES TRUCK This was the date set for receiving bids for one truck for the Bureau of Cemeteries. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri-County News which were found to be sufficient. The following bids were opened and publicly read: Basney Ford Bid was signed by Jar_ies A. Basney, non -collusion affidavit was in order and a 10% bid bond was submitted. Bid - $7,671.20 Less Trade in - $300.00 - Net Bid - $7,371.20 Harold Medow, Inc. Net Bid - $10,000.00 Gates Chevrolet Company Net Bid - $6,945.21 Bid was signed by Jack Foster, non -collusion affidavit i,7as in order and a 10% bid bond was subrlitted. Bid was signed by A. G. Irwin, non -collusion affidavit was in order and a 10% bid bond was subriitted. Upon motion rzade by Mr. McMahon, seconded b,T Mr. Brunner and carried, the bids were referred to the Bureau of Cemeteries for review and recommendation. HEARING ON DE14IAL OF TAXI LICENSE - PRENTIS LEITIS Mr. McMahon reported that the Board had denied a taxi license for Prentis Lewis, based on the recoruiendation of the City Controller and the South Bend Police Department. Mr. Lewis requested a hearing before the Board and is present. Mr. Lewis told the Board that lie read in the paper that his license was denied because of h-is past record. Ile said lie has been driving a truck for ten years and did not think his past record had anything to do with driving a taxi. Mr. LeNvis said he is a ninister and does not drink or smoke. Mr. Mullen advised Mr. Lewis that the application was denied based on the recor_►m.endation of the Police Pepartnent and on recent arrests. Mr. Brunner noted that Mr. Lewis was arrested in 1973 for possession of a dangerous weapon and in 1970 for assault and battery. He said in light of a driver's contact with persons and Mr. Lewis's conviction for possession of _a dangerous weapon and of his rather extensive past` record, the Board took the position that this license should not be granted. Mr. Brunner advised Mr. Lewis that, if his record continues to be clear for the next year or two, lie can re -apply for a license. Ile said the Board recognized that it is difficult for a.person who has a past cririinal record to get a job and said they don.'t want •to make that more burdensome. Mr. Brunner asked Mr. Lewis if lie had full-time enployrlent at this tirie and Mr. Lewis said he did. Mr. Lewis was advised that the Board would be willing to take another loot; at his application in a year. 1 117 REGULAR MEETING MARCH 14. 1977 APPROVAL OF CANOPY ENCROACHITI ,_914.. RIGHT-OF-WAY - 230 W. JEFFERSON Eli Miller, Director of the Chamber of Commerce, submitted a request to the Board to erect a canopy over the public sidewalk at 230 W. Jefferson, the new home of the Chamber of Commerce. John DeLee, Building Coomissioner, and Ralph Wadzinski, Manager of the Bureau of Traffic and Lighting, reviewed the request and the drawing submitted. It was recommended that there should be seven -foot head room below the hanging portion of the canopy, Mr. McMahon said this would be an encroachment on the public right-of-way and it is for that reason that the matter is before the Board of Public Works. TTr. Wadzinski was present and said the canopy would become the entrance to the building and parking might have to be removed in the area of the canopy to provide a passenger and loading zone. Some meters in the area night have to be relocated. Mr. McMahon asked ifthe meters could be relocated in front of the Indiana Club and Mr. Wadzinski said this was a possibility if that building is vacated. Mr. McMahon made a motion that the request of the Chamber of Commerce to erect a canopy over the public sidewalk at 230 W. Jefferson be approved, subject to the Chamber of Commerce meeting the requirements of the Bureau of Traffic and Lighting and the Bureau of Buildings and Permits and to the filing of a Certificate of Insurance which would hold the City harmless in any liability action. Mr. Brunner seconded the motion and it carried. Mr. Brunner asked Mr. Wadzinski how this request differed from the request of the Sheraton Motor Inn -which was denied last year. Mr. Wadzinski explained that the Sheraton request was for an encroachment on the right-of-way of the Indiana State Highway Commission and they will not permit any encroachments so they denied the request. This location for the Chamber of Commerce is on City right-of-way and the City has jurisdiction. TEAMSTERS AGREEMENT IIODIFICATIO14S APPROVED The Boaxd_;received a report from Deputy City Attorney Charles Leone that he had reviewed modifications to the Collective Bargaining Agreement between the City of South Bend and the Teamsters Local Union No. 364 and recommended that the Board approve the following modifications: Add: "License premiums of fifteen cents (15(,�) will be paid on a Class 1 license; thirty cents (43ft-) total for a Class 2 license; forty-five cents (45(,%) total for a.Class 3 license; and sixty cents (60(,%) total for a Class 4 license." Change: Classification From To Meter Division: Emergency Repairman $4 3-6/hr. 7+.57/h7: Construction and Maintenance Division: Machinist $5.11/hr. $5.31/hr. Mr. Brunner noted that the paragraph regarding licensing was inadvertently omitted and should be included in the contract. The gage rate changes are in conformance with the salary ordinance. Upon motion made by Mr. Brunner, seconded by Mr. McMahon and carried, the modifications to the agreement were approved. FILING OF PETITIO14 TO VACATE A PORTION OF IaLEY STREET AND AN EAST -I EST ALLEY - THE -BE14DIX CORPORATION The Bendix Corporation, by its attorney Mary Smith, files a petition to vacate Kaley Street, from Kenwood Avenue to Linden Avenue, and 130 feet of a fourteen -foot east -west alley from Kaley Street to the west right-of-way line of a fourteen -foot north -south -alley between Kenwood Avenue and Linden Avenue, City of South Bend. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried,, the petition was filed and referred to the Bureau of Engineering for preliminary review and recommendation. III REGULAR MEETING MARCH 14, 1977 REQUEST FOP. PARSING CONTROL ON..EAST JEFFERSON BOULEVARD The Board received a request from Mrs. George Lively that parking be controlled on East Jefferson Blvd. to allow no parking from 7:00 a.m, to 9:00 a.m, and from 4:00 p.m. to 6:00 p.m., Monday through Friday. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the request was referred to the Bureau of Traffic and Lighting for review and reconnendation. CHANGE ORDER APPROVED CENTURY CENTERCONTRACT, OLD FORT SUPPLY CO.. Patrick PZ. McMahon, Director of Public Works, submitted to the Board a Change Order in the contract with Old Fort Supply for Century Center. Mr. McMahon explained that the change order is for movable partitions. They were bid in 1975 but the Board was not in a position to accept the bid at that time. The City now has appropriated funds for the partitions and rather than establish a new contract would like to incorporate it in the existing contract with Old Fort Supply Company. The amount of the Change Order is $135,540.00. Upon motion made b_k7 Mr. McMahon, seconded by Mr. Brunner and carried, the change order was approved. REPORT OF STREET DEPART11ENT CLEAN-UP CREW FOR FEBRUARY A report of the Street Department Clean -Up Cretin for February was submitted to the Board. The report indicated six days spent on trash and debris removal, eight days on snow control, five days on patching,seventeen environmental coriplaints cleaned up and seven loads of trash and debris taken to the landfill. Upon motion Dade by Mr. McMahon, seconded by Mr. Brunner and carried, the report was ordered filed. NEIGHBORHOOD CLEAN-UP DAY ANNOUNCED AS APRIL 16. 1977 Saturday, April 16, 1977 has been suggested as Neighborhood Clean -Up Day. Mr. McMahon announced that this program has been conducted successfully for the past several years. Neighborhood groups collect trash and material and the City provides the trucks to remove the materials and pays the dumping fee. A letter and guidelines for the event will be nailed to neighborhood groups seeking their participation. The Street Department and Water Department will be assisting in the clean-up effort. Saturday, April 24, 1977 will be the rain date. Mr. McMahon made a motion that the Board designate April 16, 1977 as Neighborhood Clean -Up Day. Mr. Brunner seconded the motion and it carried. C0121UNITY GARDEN PROJECT AlRiOUNCED Mr. PZcPZalion . announced that the Community Garden Project conducted in the past several years would again be offered. City -owned lots can be used for gardens and a form listing requirements to be signed by the participants was.prepared by the Legal Department. A list of city -owned lots is available in the Board of Public Works office where residents can sign up for garden lots. Upon notion made by Mr. McMahon, seconded by Mr. Mullen and carried, the project was approved. CERTIFICATES OF INSUP.ANCE RECEIVED The Board received Certificates of Insurance from Indiana Cablevision Company and the Mental Health Center. Upon motion made by Mr.McMahon, seconded by Mr. Mullen and carried, the certificates were referred to Deputy City Attorney Georgia Luks for review. STREET LIGHT OUTAGE REPORT FILED The Street Light Outage Report for the period of March 7 through 11 was received. The report indicated fourteen outages. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the report was ordered filed. 1 1 1 11 REGULAR MEETING MARCH 14, 1977 REQUEST TO PURCHASE CITY -OWNED LOTS RECEIVED The Board received a request from Mrs. Laura Bottom to purchase a city -owned lot at.1712,S. Marietta Street and frog Laura Davis to purchase a city -owned lot at 310 14. Walnut Street. Upon notion glade by Mr. McIlahon, seconded by Mr. Brunner and carried the requests were filed and referred to the Department of Engineering, Parks, Redevelopment and Dr. George Wing for review and a recommendation as to whether the City should retain the lots for any purpose. APPROVAL OF CLAIMS Walter F.-Lantz and Michael L. Vance submitted to the Board claim docket numbers 3724 to 4238 and recor..mended approval. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Board.approved the claims and directed that checks for payment be issued. REQUEST FOP. FU14D SOLICITATION BY UNIFICATION OF WORLD CHRISTIANITY GROUP FILED The Board received a request from Attorney James Miller, on behalf of the Holy Spirit Association for the Unification of World Christianity to make solicitations from the general public on public streets and sidewalks during daylight hours for approximately one week -end each month for the next two or three months. Mr. Miller's letter indicated that the organization is a California non-profit corporation authorized to do business in the State of Indiana and intends to make solicitations of a charitable nature to support its system of worship and to maintain the places of worship. Mr. Miller advised the Board that the group made application to the Charitable Solicitations Commission. A legal opinion from the City Legal Departrent has since been received which indicates that this solicitation is exempt from the application procedure for the reason that the stated purpose of the solicitation is to support its system of worship and to maintain its churches. Based on that stated purpose, Mr. Miller said the City Legal Department advised him that the organization is not required to file an application with the Charitable Solicitations Commission. It was felt that, since the Board of Public Works enforces the ordinance regulating solicitations on the public right-of-way, this application for their permission should be submitted. Mr. Brunner noted that the organization had been before the Charitable Solicitations Commission and they denied the application because there was no local representation. Mr. Miller said that denial was appealed to the Mayor and Mr. Mikesell,_o-- the City Legal Department, has given them an opinion that they are not required to file an application with the Cormiission. Mr. Brunner said there is an exemption for bona fide religious organizations which are soliciting. There is a constitutional question involved in requiring them to meet the same requirements that other fund-raising organizations night have to meet. Mr. Brunner asked Mr. Miller whether the Commission has been advised that the organization will be fund raising in South Bend. Mr. Miller said Edwin T. Smith, President of the Conrlission, received a copy of Mr. Mikesell's opinion that the organization was exerlpt from filing an application. Mr. Brunner asked when the group would be soliciting in South Bend. Mr. Miller said they would like to come on a regular basis.for one or two week -ends a month and would like to start within the next few weeks. Mr. Brunner said there have been problems in the past with solicitations nade at intersections, particularly at intersections such as Miami and Ireland near shopping centers, where the activity has interfered with traffic. He said the Board would want to be sure such problens are avoided. Participants are not to stand in the middle of intersections. Deputy City Attorney Edward Mikesell REGULAR MEETING MARCH 14, 1977 is in the process of drafting guidelines for such activities and those guidelines will be presented to the Board. Mr. Miller said the -organization is on notice that they cannot violate the late in anywayand that they would be trespassing if they did not leave a building if they were 'asked to do so. Mr. Brunner said he did not,feel the Board should act on this request today since guidelines are being established, and lie rude a motion that the request be tabled until Monday, March 21, 1977. Mr. McMalion seconded the motion and it carried. REQUEST FOR INSTALLATION OF PARKING METERS Michael L. Vance, City Auditor, advised the Board that two previously located taxi stands on the north side of 200 West Washington and the north side of 100 East Jefferson have not been renewed for 1977. He recommended that the Bureau of Traffic and Lighting investigate the possibility of installing parking meters at these locations Upon Motion made by 14r. McMahon, seconded by Mr. Mullen and carried, the Board referred the recormiendation to the Bureau of Traffic and Lighting for review and recomr_iendation. TRAFFIC CONTROL DEVICES APPROVED Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, recommended the following traffic control device installations: A. Installation of a one -hour parking zone at 914-918 S. Ironwood to control parking turnover at a professional office. B. Removal of a two-hour parking zone on the north side of Bartlett, west of Michigan. Upon motion made by Mr. McMahon, seconded b-NT Mr. Mullen and carried, the recommendations were approved. REQUEST FOR TEEN AGE DISCOTHELUE FILED The Board received a request from Thomas J. Phillips to secure the necessary permits to operate a teen-age discotheque at 1338 Lincolnway.West. Mr. Phillips was present and submitted to the Board a letter outlining his request and stating that the operation would be for teen-agers and would require membership. Mr. Phillips also submitted the proposed membership application. Deputy City Attorney Georgia Luks advised the Board that Mr. Phillips' operation would fall under the controlled use ordinance and said there are two or three places of business within 1000 feet of Mr. Phillips' location. The purpose of the ordinance is to protect neighborhoods from clusters of business places that attract a large number of people who might wander from place to place. Mrs. Luks said employment of an off -duty policeman, which Mr. Phillips proposes, would not solve the problem. The operation would clearly be a violation of the adult business zoning ordinance. She said a membership system cannot be used to controvert the ordinance. The ordinance does not exempt private clubs, if the private club does the same thing a public establishment does. Mrs. Luks continued that the City recognizes there is a need for places for teen agers to meet.for recreation. She suggested that possibly a church or school in the area could provide that kind of entertainment for teen agers. She said she could not see any way that the Board could exempt any business from the zoning ordinance as that is the purview of the Cori on Council. Mrs. Thomas Phillips was present and she asked what other businesses were within 1000 feet. It was noted that the Y Not Shack, the Silver Tower and Wierd Harold's Club are all within 1000 feet. Mrs. Luks said Mr. Phillips should pick a location that meets the REGULAR P'lEETING MARCH 14, 1977 zoning requirements before doing anything else. Mr. Phillips said he has°already invested money in getting the business ready to operate at this' address. Mr. Brunner asked P'ir.' Phillips when the operation opened. Mr. Phillips said he held a grand opening on January 17, 1977. Mrs. Luks said this was after the effective date of the adult business ordinance. Mr. Phillips then said that a tavern was going into operation at the corner of Illinois and.Western. Mrs. Luks said, if that is the case, there are not two other controlled uses within 1000 feet. Mr. Brunner said the ordinance is clear. This building is within 1000 feet of other controlled use business places. The age of persons who might frequent the establishment is irrelevant to the matter of the use. He said Mr. Phillips would have two uses, a pool hall and a dance hall, and there are at least two other controlled uses within 1000 feet. Mr. Brunner said he had several conversations with Mr. Phillips' attorney regarding this natter and he understood that the attorney agreed that the Legal Department's interpretation of the ordinance was correct. Fie advised Mr. Phillips to contact his attorney if he feels the ordinance is being r_iisinterpreted. Mr. Brunner_ said it is the City's view that they are acting within the ordinance. Mr. McMahon made a motion that the letter be filed. Mr. Brunner seconded the motion and it carried. There being notion made the meeting ATTEST: no further business to come before the Board, upon by Mr. McMahon, seconded by Mr. Mullen and carried, adjourned at 10:35 a.m. Patricia DeClercq, C1 rk