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REGULAR MEETING
APRIL 12, 1976
A regular meeting of the Board of Public Works was convened at
9:30 a.m, on Monday, April 12, 1976 by President Rollin Farrand
with Mr. Farrand, Mr. Brunner and Mr. Mullen present. Legal
Interne James Masters was also present.
MINUTES OF PREVIOUS 14EETING APPROVED
Mr. Brunner reported that the minutes of the April 5 meeting had been
reviewed and he made a motion that the minutes be approved as
submitted. The motion was seconded by Mr. Farrand and was carried.
OPENING OF BIDS - SOLID WASTE VEHICLES
This was the date set for receiving bids for three cab and chassis
and packers for the Bureau of Solid Waste. 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:
McCarthy G.M.C.
South Bend, Indiana
Bid - Unit Price - $18,555.85.
Trade-ins - $2,700.00'
Deeds Equipment Company
Lawrence, Indiana
Bid was signed by James Bauer,
non -collusion affidavit was in order
and a 10% bid bond was submitted..
Total, three units - $55,667.55
Total Net Bid $52,967.55
Bid was signed by Herbert Smith
non -collusion affidavit was in order,
and a 10% bid bond was submitted.
Bid__=._Unit Price,,Compactor Only - $8,163.00 - 16 Yard
Compactor Only - $8,803.00 - 20 Yard
Michiana Mack, Inc. Bid was signed by Ronald Delcamp,
Mishawaka, Indiana non -collusion affidavit was in order,
_ and a 10% bid bond was submitted.
Bid - Unit Price - $29,182.00. Total, three units - $87,546.00
Trade-ins - $3,000.00 Total Net Bid $84,546.00
Shamrock Ford Trucks Bid was signed by B. S. Tinkham,
South Bend, Indiana non -collusion affidavit was in order,
and a 10% bid bond was submitted.
Bid - Unit Price - $18,946.87 - Total, three units - $56,840.61
Packer - $400.000 each - Total $ 1,200.00
Trade-ins - $2,300.00 Net Bid 55,740.61
Dibo, Inc.
Kokomo, Indiana
Bid,- Unit Price - $11,509.00.
Packer - $9,837.75
Trade-ins - $4,000.00
Gates Chevrolet Co.
South Bend, Indiana
Bid - Unit Price - $10,605.54
Packers - $8,300.00
Trade-ins - $2,700.00
Bid was signed by Jack B. Shepherd,
non -collusion affidavit was in order,
and a 10% bid bond was submitted.
Total, three units - $34,527.00
28,763.25
$73,30 .25
Net $69,300.25
Bid was signed by A. G. Irwin,
non -collusion affidavit was in order,
and a 10% bid bond was submitted.
Total, three units - $31,813.62
24,900.00
$56,713.62
Net $54,013.62
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REGULAR MEETING
APRIL
12, 1976
McCormick Motors,
Inc.
Bid was signed by Howard Barrick,
Nappanee, Indiana
non -collusion affidavit was in
order and a 10% bid
bond was
submitted.
Bid - Unit ,Price
- $100122.72.
Total, three units -
$30,368.16
Packer - $8,050.00
2.4 150.00
5+ 51$.16
Trade-ins -
$2,700.00
Net
$51,818.16
Upon motion made by Mr. Farrand, seconded by Mr. Brunner and
carried, the bids were referred to the Bureau of Solid Waste
for review and recommendation.
OPENING OF BIDS - SIGNALIZATION OF,IRELAND AND FELLOWS, IRELAND
AND MIAMI AND MIAMI AND SCOTTSDALE MALL
This was the date set for receiving bids for the'signalizaton
of the Ireland and Fellows, Ireland and Miami and Miami and
Scottsdale Mall intersections. 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:
Morse Electric Company, Inc.
South Bend, Indiana
Bid - $21,764.15
Arrow Electric Company, Inc.
South Bend,,Indiana
Bid - $24,075.58
Bid was signed by Edward H. Morse,
non -collusion affidavit was in
order and a 10% bid bond was submitted.
Bid was signed by Harold Markward,
non -collusion affidavit was in
order and a 10% bid bond was submitted.
Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried,'
the bids were referred to the Bureau of Traffic and Lighting for.
review and recommendation.
PUBLIC HEARING CONTINUED - VACATION RESOLUTION NO. 3426
Mr. Farrand noted that the public hearing on.Vacation Resolution
No. 3426 for the vacation of the east -west alley west of Lafayette
Blvd., between Navarre and Marion Streets, was .tab.led:until today
to allow the Board members to inspect the site and review the
information presented to them on March 29. A letter of remonstrance
against the petition was received from Irene Gergacz, 216 W. Madison
Street. Upon motion by Mr. Farrand, seconded by Mr. Brunner and
carried, the letter was ordered filed. Mr. Farrand announced that
the matter was now open for public discussion. He said the Board
members have reviewed the material presented to them and said he
did not believe it would be necessary to go over all the items
discussed at the public hearing on March 29. Bruce Bancroft, Attorney
for the petitioners, ~then spoke to the Board. Mr. Bancroft said his
clients, Dr. Houser and Dr. Norbeck, talked to the neighbors in the
area when this project was begun and have constructed a modern
medical facility which cost in excess of $100,000. Mr. Bancroft.said
the property is zoned properly for this facility and he said a lot
of the neighbors told the doctors they were glad to have them in the
neighborhood. Mr. Bancroft said he wished to remind the members of
the Board that on February 17, 1976 the Area Plan Commission, by.a
vote of nine to three, approved the closing of this alley. He said
this is significant. The professional staff of the Area Plan Commission,
after their,review of the petition, recommended that the vacation be
granted. P(r. Bancroft said there are a lot of benefits to the public
REGULAR MEETING APRIL 12. 1976
in granting this vacation. He said a petition should be considered on
the basis of whether the public will be benefited and whether the
public need will be served by the vacation. Mr. Bancroft said this
alley is not now on the tax rolls. If the vacation is granted, this property,
15 feet by 165 feet, will go on the tax rolls and produce revenue for
the City.and the County. He said, if the alley is, as was represented
two weeks ago, worth $6,000, it will generate over $2,000 in tax revenues.
This is a public benefit. Mr. Bancroft said the alley is now being
maintained by the City at City expense. If the alley is vacated,
the petitioners will maintain the alley. The public will benefit.
Mr. Bancroft said, if the alley is vacated, it will eliminate a tee
intersection into the north -south alley. The petitioners plan to
widen the intersection to eighteen feet at that point so that
no one making the turn into the north -south alley will have to encroach
on public property to make the turn. Mr. Bancroft said he had informed
the Board at the hearing two weeks ago, that an electric utility pole
was on the petitioners' property. He said he has now learned that the
pole is out in the public right of way. The contractor for the
petitioners has constructed a curb which will make it much safer for
anyone driving in the alley around the pole. The curb is constructed
out in the public right-of-way and Mr. Bancroft said as soon as he
learned that fact, he immediately notified Mr. Farrand. Mr. Bancroft
said if the alley is vacated, the petitioner will leave the curb in
the alley to keep traffic away from the utility pole. Mr. Bancroft
displayed a number of charts to the Board and demonstrated how the
screening landscaping planned will have to be cut down if the alley is
not vacated. He said the petitioners will lose three proposed parking
spaces if the alley is not vacated. He said parkers will have to back
out of the parking spaces and, according to the City Engineer's
regulations, cannot back into an alley or street. Mr. Bancroft said
the petitioners would like to put in as much landscaping as possible
to screen the parking area but will not be able to landscape as
planned if the vacation is not granted. Mr. Bancroft said the
petitioners have no intention of closing the alley. He said if the
Board intends to deny the vacation on the basis of use by the property
owners, his clients would be willing to grant permanent easements to
the property owners on the north -south alley allowing them to use the
alley. Mr. Bancroft noted that the remonstrators had presented a
petition to the Area Plan Commission containing thirty-four names and
had advised this Board two weeks ago that they now have forty
signatures. Mr. Bancroft said he has checked the petition and only
eight of those signing it are property owners who live within three
hundred feet of the alley. He noted that the petitioner is required
to notify all property owners within three hundred feet of the proposed
alley vacation. Mr. Bancroft said of the forty-four persons who own
property within three hundred feet of this alley, only eight signed
the petition. Therefore, there are eighty-two per cent of the
property owners within three hundred feet of the alley who did not
remonstrate. Mr. Bancroft said, in conclusion, the petitioners -are
not blocking access of any property owner to this alley, the alley
will remain open and the.alley is not necessary to the growth of the
City. He said the petitioners have built a beautiful medical facility,
they will landscape the grounds and maintain the alley. The petitioners
want to be good neighbors and make the site more beautiful. Mr.
Bancroft said he was.asking the Board to grant this petition and
vacate the alley.
Patrick Brennan, Attorney, spoke to the Board in remonstrance against
the vacation. Mr. Brennan said the alley is actually 175 feet long,
not 165 feet. He said the Board should take into consideration the
fact that there is a three -car garage on the property owned by Dan
Allin. He said there is an easement on.that property for public use.
He said the property owner's next to this alley have a two -car garage
and are building an extension to that garage for their boat. Mr.
Brennan said the petitioners built a $100,000 building knowing they
did not own the alley. They took their chances, knowing they would have
to go through a hearing on this vacation. Mr. Brennan said the building
REGULAR MEETING APRIL 12. 1976
is not compatible with the houses in the .neighborhood, but looks
like a Pizza Hut. Mr. Brennan said both the Republican and
Democratic Precinctcommitteemen have remonstrated against this
vacation. Mr. Brennan said the property owners in the area have
lost about $10,000 valuation on their properties because of this
building and they are going to ask for a reduction in their
property taxes. Mr. Brennan said the Area Plan Commission staff
said there were no public utilities in the alley but the petitioners
now are talking about the public utility pole in the public right-of-way.
He said there have never been problems with maintenance of the alley.
Mr. Brennan said he and another property owner, John Horan, drove
the alley with an LTD Station Wagon, after marking the fourteen foot
line with barriers. They had no difficulty making the turn into
the north -south alley without going on private property. Mr.
Brennan said Earl Wilborn, a property owner who has a business on
Lafayette Street, purchased a private lot to provide parking for
his customers. Mr. Brennan said the petitioners have said the
property owners can use the alley if they do not abuse the privilege
and he questioned what would be considered abuse in'the use of the
alley. Measurements were made of the curb installed by the contractor
and it is out in the public right-of-way. Mr. Brennan said the
contractor removed a wire grate for surface water drainage from the
alley and asked the Board to order the removal of the curb and the
replacement of this grate. Mr. Brennan said the neighbors do not
want a permanent easement right. They want the alley to remain
open for everyone's use.
Councilman Joseph Serge spoke against the proposed vacation. He said
he felt the alley should remain a public right-of-way. He said if
the petition is granted, the doctors could close the alley if they
wanted to. Mr. Serge said the building was constructed in an area
where the neighbors are trying to preserve the heritage of the City.
He said the matter should have been studied before permission was
given to put the building up. Mr. Farrand noted that this Board
is not the body to hear a rezoning matter. He said the property is
properly zoned and the matter before this Board is the matter of
vacating the alley. Mr. Serge said it was his opinion that the alley
should be left open for the public. Mr. Brunner asked Mr. Brennan
what his feelings were regarding the offer of the petitioners to grant
permanent easement rights to the property owners. Mr. Brennan said
the property owners feel that they now have more than a permanent
easement. They have a public alley and they would like that alley to
remain open. He said he would ask the Board to decline that offer.
Mr. Mullen said, if Mr. Bancroft's value of the alley was set at
$6,000, the tax would be figured on one-third of that figure, or $2,000,
and the tax would amount to $240. Mr. Bancroft agreed that that figure
was correct. Mr. Brunner asked Mr. Bancroft how the owners would
limit the use of the alley to property owners if the easements were
granted. Mr. Bancroft said there would be no attempt made to
limit the use of the alley or restrict it to property owners.
Mr. Brunner said it would appear the only problem the petitioners would
have if the vacation is not allowed would be to reorder their parking
arrangement. Mr. Bancroft said the parking situation would be more
difficult if the alley is not vacated. He said the petitioners would
have to eliminate a major part of their landscaping plans and he said
they feel this landscaping is very important to the neighborhood.
Mr. Bancroft said it may be, if the alley is not vacated, that they
will have to remove the curb the contractor installed and that curb
is a safety factor in keeping cars away from the utility pole. He
said without the vacation, parking will be more difficult and there
will be less parking spaces.
Mrs. Joseph Stratigos, 527 N. Lafayette, spoke against the vacation.
She said her husband had sent a letter of remonstrance to the Board.
Mrs. Stratigos said they are directly next door to the doctors. She
said they have daughters living at home and there are four cars in
the family. Because of the one-way streets, they use this alley all
260
REGULAR MEETING APRIL 12. 1976
the time in order to get to the front of'their property. Mrs.
Stratigos said she did not think the doctors` facility•was going to
generate a large flow of cars onto their property. In regard to
the landscaped privacy screen, Mrs. Stratigos said they would rather
see a fence erected in preference to the landscaping, if -.this would
keep the alley open. Mrs. Stratigos said, as a member of the Park
Avenue Neighborhood Association, she was opposed to•the closing of
the alley. She said this issue affects all the people of South Bend
not just a handful of neighbors. She asked the Board to allow the
alley to remain open.
Earl Wilborn, 503 N. Lafayette, said he operates a small business
and his customers use this alley a great deal of the -time. He said
he has been in the area since 1947. Mr. Wilborn said when the alley
was closed during construction, his customers had to go down to
Navarre Street and around because of the one-way streets and said
this was very inconvenient. Mr. Wilborn said it would be -a mistake
to close this alley. He said the utility pole has never been a
problem. He said he drives a station wagon and has never had trouble
making the turn into the north -south alley.
Mr. Farrand said it would appear that the Board had heard all the
arguments to be made on this matter and said unless someone present
had some new information to present, the -Board could now take action
on the matter. Mr. Mullen made a motion that the Board deny the
petition to vacate this alley. Mr. Brunner seconded the motion and
it was carried unanimously, and Vacation Resolution No. 3426 is now
rescinded. Mr. Kovas asked what had happened to the bricks which
were removed from -the alley. Mr. Bancroft said he was not aware of
any bricks in the alley and said the contractor would be the only one
who would know. Mr. Farrand asked Street Commissioner Joseph-Gawrysiak
to check with the foreman in that area to see if there were bricks
removed from the alley.
RECOMMENDATION APPROVED - PRELIMINARY PLANS FOR ELWOOD SIDEWALKS
The Board received a recommendation from Rollin•E. Farrand, P. E.,
City Engineer, that the petition for the construction of sidewalks
on Elwood Avenue, from Woodbine Way to Woodland and west on Edison
Road, under Barrett Law had been reviewed and he was recommending
that the improvement be made. Upon motion made by Mr. Farrand,
seconded by'Mr. Brunner and carried, the Board accepted the recom-
mendation and directed the Department of Public Works to proceed
with preliminary plans and cost esimates for the project. It was
noted that the area west on Edison Road is outside the City limits
and that this project would include only Elwood Avenue, from
Woodbine Way to Woodland.
ADOPTION OF RESOLUTION NO. 10
Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried)
the following resolution was adopted:
RESOLUTION -NO. 10, 1976
WHEREAS, the Board of Public Works of the City of South Bend
has compiled a current detailed inventory of all real property
owned by the City of South BEnd, Indiana, pursuant to Section
30 A-1 of -the Municipal Code of the City of South Bend; and
WHEREAS, the Board of Public Works has reviewed said inventory
of real property and it now finds that certain of the parcels
of real estate now owned by the City are not necessary to the public
use and are not set aside by state or city law for public purposes
pursuant to Section 30-A-2 of the Municipal Code of the City of
South Bend; and
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REGULAR MEETING
APRIL 12, 1976
1
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 Chapter 30A of the Municipal
Code of the City of South Bend.
NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the
City of South Bend,.Indiana:
1 That the parcels of real estate owned by the City,.
contained in the following list, are not necessary
to the public use.and are not set.aside by state
or city law for public purposes.
Street Address Deed No.
1102 Queen Street 777.
2. That this resolution shall, immediately upon its
adoption, be submitted to the Common Council of
the City of South Bend, pursuant to Section 30 A-2
of the Municipal Code of the City of South Bend.
Adopted this 12th day of April,.1976.
BOARD OF PUBLIC WORKS
s/ Rollin E. Farrand
s/ Thomas J. Brunner, Jr.
s/ Peter-H. Mullen
ATTEST:
s/ Patricia DeClercq
VEHICLES SCRAPPED AND DISPOSITION APPROVED
The Board received a request from Rollin E. Farrand, Director of
Public Works, that the following vehicles which have been deadlined
and should be declared scrap. Mr. Farrand requested permission
from the Board to dispose of the vehicles pursuant to Statute.
Unit
404
1969
Ford
Unit
407
1968
Ford
Unit
437
1970
Chevrolet
Unit
441
1970
Chevrolet
Unit
607
1970
Ford
Unit
251
1971
Ford
Unit
14
1965
Ford Van
Unassigned
1963
I.H. former wrecker
Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried,
the request to scrap the vehicles and dispose of them was approved.
BIDS FOR STREET DEPARTMENT TRUCKS REJECTED
The Board received a recommendation from Joseph Gawrysiak, Street
Commissioner, that the bids for Street Department trucks had been
reviewed and he was recommending that the bid of Michiana Mack be
approved. Mr. Farrand provided the Board with a tabulation of
the bids and noted that the bid of Shamrock Ford was not within
specifications because they did not bid the diesel sleeving requirement.
The bid of International Harvester and Chevrolet did not meet the
frame requirements. The only bid within specifications was the
Michiana Mack bid for a DM6855 Mack Truck, net bid $61,000. Ronald
Delcamp of Michiana Mack was present and said he did not take
exception to anything in the specifications in his bid but he was
not aware that it was specked in that manner. He said it was an
REGULAR MEETING
APRIL 12, 1976
error on his part to list the frame at a. lower figure on the
bid. However, he said the.frame does meet the specifications
and he could correct that error. There was a discussion regarding
whether the Board should allow a correction to be made at this
time and whether the other bidders should be allowed the same
privilege, in the event they wished to make a correction.
Upon motion made by Mr. Farrand, seconded by Mr.,Brunner and
carried, the Board rejected all bids for the street department
trucks and spreaders as non -responsive to the bid specifications
and directed the Clerk to readvertise for bids with sealed bids
to be received on Monday, April 26, 1976.
REQUEST FOR FUND SOLICITATION - AMERICAN CANCER SOCIETY
The Board received a request from the American Cancer Society
to conduct a fund solicitation on May 15 at various inter-
sections. Deborah Gobdel was present representing the American
Cancer Society and she advised the Board that the Society does
have a permit No. 608 from the Charitable Solicitations Commission.
Mr. Farrand said there is difficulty with some of the inter-
sections listed in the request as they are heavily travelled
intersections and the past policy has been not to allow such
solicitation at these intersections. Mr. Farrand asked Ms. Gobdel
if she would meet with Ralph Wadzinski, Manager of the Bureau
of Traffic and Lighting, to work out some alternative locations.
Ms. Gobdel said she would contact Mr. Wadzinski. Upon motion
made by Mr. Farrand, seconded by Mr. Brunner and carried, the
request was referred to the Bureau of Traffic and Lighting for
review and recommendation.
REQUEST TO ADD ADDITIONAL ITEMS TO AMBULANCE BID APPROVED
The Board received a request from Fire Chief Robert L. Snider to
add the following items to the ambulance bid awarded by the
Board:
Special cabinet in spare tire compartment $150.00
Console to mount radio heads 25.00
Radio AM-Conelrad Receiver 131.00
$306.00
Total increase for the two ambulances would be $612.00. Mr.
Mullen asked Chief Snider if this additional cost would change
the low bidder. Chief Snider said it would not. Mr. Farrand
asked Chief Snider if there was sufficient money in the appro-
priation to cover these additions and Chief Snider said that
there was. Upon motion made by Mr. Farrand, seconded by Mr.
Brunner and carried, the Board approved the recommendation.
LOGGING TAPE RECORDER BID ACCEPTED
The Board received the following recommendation from Chief Robert
L. Snider and John V. Hunt, Director of Communications in regard
to the evaulation of bids for a Logging Tape Recorder for the
South Bend Fire Department:
"As per the last paragraph of the published "Notice to
Bidders": 'The Board reserves the right to reject anu
or all bids or to accept the one which in its judgment,
will be to the best interests of the City of South Bend'.
With the above in mind, we, the undersigned, suggest that
the Magnasync/Moviola bid be accepted, and.submit the
following reasons for our decision:
1
263
REGULAR MEETING APRIL 12, 1976
The Fire Department has'been assured of access to the
Police Department's Magnasync Automatic Search/Reproducer
which is compatible only to the tapes from a logging Tape
Recorder from the same manufacturer, a fact which is true
of such equipment of all manufacturers. Dictaphone was
advised of the condition that existed and it was suggested
that they attach to their bid the option of their Auto -Search
unit. They saw fit not to do so. To accept the Dictaphone
bid would put the City in a position of having to invest a
minimum of $4,OOO for a compatible Auto -Search unit.
The disparity between the two bids becomes lessened con-
siderably when the cost of 50 rolls of tape, $2,000.00, and
a door, $222.00,'are added to the Dictaphone bid to make
it consistent with the Magnasync bid. The difference becomes
$1,273.60, or approximately nine per cent.
The most significant factors are quality, dependability, and
trouble free operation of the Magnasync equipment over that
of Dictaphone's,. as experienced by the radio operators in
the Fire and Police Department communications centers.
Respectfully submitted,
s/ Robert L. Snider
C Fire Chief
s/ John V. Hunt
Director of Communications "
W
John Hunt, Director of Communications, was present and advised
that no company's equipment is compatible with another company.
He said the Police Department has agreed to allow the Fire Department
to use their equipment and he recommended that the.bid be accepted.
Upon motion made by Mr. Farrand, seconded by Mr. Mullen and carried,
the Board accepted the recommendation and awarded the bid,. with the
battery pack for a total net bid of $14,031.50.
FILING OF PETITION TO VACATE ALLEY
Robert D. Lee and Frederick K. Baer, Attorneys for the petitioners,
Hills and Pfeil, file a petition for the vacation of the north -south
alley running north from Marion Street to the intersection of said
alley with the east -west alley running west from St. Joseph Street.
Upon motion made by Mr. Farrand, seconded by Mr. Brunner and
carried, the petition was referred to the Bureau of Design and
Administration for preliminary review and recommendation.
RECOMMENDATION APPROVED - PARKING AND TRAFFIC CONTROL FESTIVAL '76
The following recommendation was submitted to the Board by Mr.
Farrand:
"In response to Mr. Simpson's request for parking and
traffic control for Festival '76, I'would like to
recommend the following:
1. Parking for those three days be prohibited on the
100 block of South Michigan Street.
2. Free parking is now available on all City'surface
lots on Saturday and Sunday. No special action is
required to extend this privilege to cover July 3
and 4. On Monday, July 5, the surface lots are
reserved for monthly parkers. Free parking should
not be provided on the surface lots for Monday, July
5 because of the conflict with the prior designation
for monthly parkers.
REGULAR MEETING
APRIL 12, 1976
3. Free parking can be made available in both Parking
Gara es at a charge ---'of `$50.00 for the Colfax Garage
and.U00_.00 for the Jefferson Garage on Saturday,
July 3 and a charge of $50.00 for each garage for
July 4. It is my recommendation that free parking not
be allowed in the garages on Monday, July 5 because
of the conflict with monthly parkers.
4. The Century Center site cannot be made available for
free parking. This is a construction site and the
hazard resulting from the movement of equipment and
material on the site, along with the potential
restriction of construction activities if parking were
to be allowed, make this impractical.
5. The City cannot make available free parking in Block
Six. At the present time, it appears that the purchaser
of this area will be in actual possession of certain
parcels that would preclude access to any potential
parkers there.
6. -The Police Department, Fire Department, City Attorney's
Office and the Bureau of Traffic and Lighting will be
advised of the Board's action regarding this matter and
will be kept informed regarding the proposed schedule.
Those departments can be expected to cooperate with
the River Bend Plaza office in the promotion of this
event.
s/ Rollin E. Farrand. if
Upon -motion made by Mr. Farrand, seconded by Mr. Brunner and
carried, the recommendation was approved.
OPEN AIR STAND LICENSE APPROVED - OLIVE AND SAMPLE
The Board received an open air stand application from William E.
Moore to operate a flower stand on the railroad right-of-way
property at Olive and Sample Street. Approval of the railroad
for use of the property was attached to the application. The
property is zoned Commercial. Upon motion made by Mr. Farrand,
seconded by Mr. Mullen and carried, the application was approved
subject to the applicant securing the necessary stand licence
at $25.00 per month.
TAXI DRIVER'S LICENSE DENIED - HARVEY MILTHALER
The Board received a recommendation from Peter H. Pullen, City
Controller, that the application of Harvey Milthaler for a taxi
driver's license be denied, because Mr. Milthaler did not list
previous arrests and convictions on the application. Mr. Farrand
noted that Police Chief Michael Borkowski concurred in.the
recommendation for denial. Upon motion made by Mr. Farrand,
seconded by Mr. Mullen and carried, the recommendation was
approved and the application was denied.
CHANGE ORDER NO. 2 APPROVED - RANDOLPH STREET RETENTION BASIN
Change Order No. 2 in the Randolph Street Retention Basin
project was submitted to the Board, with the favorable recommenda-
tion of Rollin E. Farrand, City Engineer, and Patrick M.
McMahon, Manager of the Bureau of Public Construction. The change
order involves changing a -portion of the fence and results in a
decrease in the contract of $1,224.96. Upon motion made by Mr.
Farrand, seconded by Mr. Mullen and carried, the Change Order
was approved.
REGULAR MEETING APRIL 121, 1976
REQUEST TO SELL POPPIES APPROVED - AMERICAN LEGION AUXILIARY NO. 50
The Board received a request from American Legion Auxiliary No.
50 to hold their Annual Poppy Days sale on May 21 and 22 on the
public sidewalks. Upon motion made by Mr. Farrand, seconded
by Mr. Mullen and carried, the request was approved.
RECOMMENDATION - PETITION TO VACATE A PORTION OF BRYAN STREET
The Board received a recommendation from the Bureau of Design
and Administration that the petition of the South Bend Community
School Corporation, to vacate a portion of Bryan Street and two
alleys, had been reviewed and they have no objection to the vacation,
subject to the existing utility easements. Upon motion made by
Mr. Farrand, seconded,by Mr. Mullen and carried, the recommendation
was filed and the petition was referred to the'Area Plan Commission
for their review and a public hearing.
COMMUNITY GARDENS APPROVED
Requests for Community Gardens were received from Mrs. Helen
Kintner for 923 E. Bowman Street, Ruth Tate for 722 E. Miner Street,
Clarence Anderson for 1506 S. High Street, and John Bunyon for
142 N. Birdsell Street. Each individual has signed the Community
Garden form and Hold Harmless Agreement. Upon motion made by
Mr. Farrand, seconded by Mr. Mullen and carried, the requests were
approved.
W
CHILDREN'S PLAZA PARTY APPROVED - MAY 7
Douglas Simpson, Director of River Bend Plaza, submitted a request
to the Board to hold a Children's Plaza Party on May 7. The party
would consist of a number of scheduled events during the day for
children from Head Start and nursery schools. Upon motion made
by Mr. Farrand, seconded by Mr. Mullen and carried, the party was
approved.
REQUEST FOR HANSEL CENTER PARADE RECEIVED
The Board received a request from Hansel Center to hold a parade
with children marching, a car with music and floats, to begin at
Hansel Center and march to the Plaza on Saturday, July 3 for the
start of Festival '76. Upon motion made by Mr. Farrand, seconded
by Mr. Mullen and carried, the request was referred to the Bureau
of Traffic and Lighting for review and recommendation.
REGULAR TRASH PICK-UP ON FRIDAY, APRIL 16 ANNOUNCED
Joseph Kuminecz, Director of the Sanitation Department, advised
The Board that regular trash pick-up would be made on Good
Friday, April 16, 1976. The.announcement was ordered filed.
BOND APPROVED - PAUL GEANS
Ray S. Andrysiak, Bureau of Engineering, reported to the Board
that the continuation certificate for the contractor's bond of
Paul Geans was properly executed and could be approved to
February 17, 1977. Upon motion made by Mr. Farrand, seconded by
Mr. Mullen and carried, the bond extension was approved.
LEASES WITH ACTION TABLED
Leases with Action, Inc, for the use of Fire Station No. 10, 1820
S. Michigan Street, and Fire Station No. 7, 803 Notre Dame
Avenue, both abandoned for use as fire stations, were submitted to
the Board. The leases were prepared by Deputy City Attorney Kathleen
Cekanski and submitted to Action for an updated valuation of the
rental of the premises. This information has now been received and
Deputy City Attorney William Stanley has reviewed the leases.
Mr. Mullen asked that he be furnished a copy of the leases for his
6
REGULAR 14EETING APRIL 12, 1976
review. Upon motionimade by Mr. Farrand, seconded by Mr. Mullen
and carried, action on the leases was tabled.
STREET LIGHT OUTAGE REPORT FILED
The Street Light Outage report for the period of April 2 to 9
was received. Upon motion made by Mr. Farrand, seconded by
Mr. Mullen and carried, the report was ordered filed.
ONE HOUR PARKING APPROVED - 3605 IIISHAWAKA AVENUE
Ralph S. Wadzinski, Manager of the Bureau of Traffic and Lighting,
recommended to the Board that a one -hour parking zone be approved
at 3605 Mishawaka Avenue, the location of a used car business.
Upon motion made by Mr. Farrand, seconded by Mr. Mullen and
carried, the recommendation was approved.
BID ADVERTISING APPROVED - CAR WASHES AND TIRE REPAIRS
The Board received a' request from James Meehan, Bureau of Vehicle
Maintenance, that bids be advertised for car washes for City
vehicles and for tire repairs for City vehicles for the period
beginning May 1, 1976 and ending April 30, 1977. Upon motion made
by Mr. Farrand, seconded by Mr. Mullen and carried, the Board
approved the request and directed the Clerk to advertise for bids
with sealed bids to lie received on April 26, 1976.
RE UEST FOR STUDY OF FOUR-WAY STOP AT PORTAGE-RIBOURDE-BOLAND
Councilman Joseph Serge asked the Board to investigate the existing
four-way stop at the intersection of Portage, Ribourde and Boland.
He said residents of the area question the need for the stop and
are asking that it b removed. Mr. Serge said there is a need for
a four-way stop at H milton and Johnson Streets and he asked the
Board to consider that installation. Upon motion made by Mr. Farrand,
seconded by Mr. Mullen and carried, the Board referred the requests
to the Bureau of Traffic and Lighting for review and recommendation.
There being no further business to come before the Board, upon
motion made by Mr. Farrand, seconded by Mr. Mullen and carried, the
meeting adjourned at 11:45 a.m.
/P'*0lAn E. Farrand