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HomeMy WebLinkAbout04/29/74 Board of Public Works MinutesREGULAR MEETING APRIL 29, 1974 A regular meeting of the Board of Public Works was convened at 9:30 a.m. on Monday, April 29, 1974 with all members present. City Attorney James A. Roemer was also present. Minutes of the previous meeting were reviewed and approved. PUBLIC HEARING - VACATION RESOLUTION NO. 3399, 1974 This being the date set, hearing was held on Vacation Resolution No. 3399, 1974 for the vacation of the 14' alley extending from the north line of Mishawaka Avenue north along and immediately west of the west line of -Lot 715 in Whitcomb & Keller's Sunnymede Third Addition to northwesterly corner of the northerly line of Lot Nos. 715, 716, 717, 719, 720 and 721 in said addition to the northeast corner of said Lot 721 and the west line of the first north -south alley. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri-County News on April 5 and Apri.1.12, ;1974.which.were found to be. suff:icient . Mr. Richard Morgan, Attorney for the petitioner, Burkhart Advertising Company, was present. Mr. Morgan said the alley has not been used and the petitioner is seeking to vacate it in order to expand his present building. No remonstrators having appeared and no written remonstrances having been filed, Q upon motion made, seconded and carried, the Board ratified and confirmed Vacation CD Resolution No. 3399 and said alley is vacated. The City Engineer is directed to prepare an Assessment Roll showing the award of damages and the assessment of benefits to the surrounding properties. PUBLIC HEARING - VACATION RESOLUTION NO. 3398, 1974 This being the date set, hearing was held on Vacation Resolution No. 3398, for the vacation of a portion of Chippewa Avenue from the west line of the Miami Hills Addition southwest and west a distance of 765.07 feet. All in the property of the First Community Development Corporation. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri-County News on.April.5 and April 12, 1974 which were found to be sufficient. No remonstrators having appeared and no written remonstrances having been received, upon motion made, seconded and carried, the Board ratified and confirmed Vacation Resolution No. 3399 and said alley is vacated. The City Engineer is directed to prepare an assessment roll showing the award of damages and the assessment of benefits to the surrounding properties. WILLIAM E. MOORE RE: SALE OF FLOWERS FROM STANDS Mr. William E. Moore., WEM Distributors, was present. Mr. Moore said he purchased four peddler's licenses for selling flowers but had been informed that if his people sold flowers they would be subject to arrest. Mr. Moore asked the Board what his position is. Mr. James A. Roemer, City Attorney, made a statement to the Board. Mr. Roemer explained two sections of the Municipal Code which refer to selling. Section 7-55 refers to itinerant produce sellers or pack peddlers. That license authorizes them to sell from a truck or vehicle fruits, vegetables or garden produce or from house to house. Mr. Roemer said WEM did purchase four licenses of this type. The licenses list the address of 4205 Western Avenue. Mr. Roemer said, since the City of South Bend did issue these licenses, it has an obligation to follow through with these four licenses. Mr. Roemer recommended to the Board that no more licenses be issued for the selling of flowers under this particular section of the Code, since they would not be operating as peddlers. Mr. Roemer then explained the section of the Code which would be applicable. Under Section 7-69, the operation is designated as an open air stand. This license specifies a particular location and is more expensive. If the stand operates on private property, the firm must have permission from the owner of the property. If the stand operates on public property, they must have permission from the Board of Public Works and the operation must be in conformity with existing zoning regulations. Mr. Roemer recommended that any further licenses purchased by the WEM Distributing Company should be for Open Air Stands and should specify a location. Mr. Roemer then suggested that the Board ask Mr. Moore to specify four locations where he wanted to use the four F&A REGULAR MEETING APRIL 29, 1974 licenses he has purchased and submit them to the. Board for approval. The Board agreed that if Mr. Moore would submit the four locations so that they could be reviewed, the Board would call a special meeting on Thursday to take action on the locations. Mr. Moore said he would like to sell flowers this week -end and said he would submit the four locations to the Board of Public Works Office as soon as possible. It was moved, seconded and carried, that upon receipt of a request to verify four locations for the licenses issued to WEM, the Board would review them and if the locations are approved, the Board would hold a special meeting on Thursday morning to approve four locations for the existing licenses. Upon motion made, seconded and carried, the Board adopted the following policy for any new applications for licenses for Open Air Stands. The applications would be reviewed by the Board of Public Works. If the location requested was on private property, the applicant would have to submit written permission from the owner of the property for use of his property. If the location requested was on public property, the applicant.;would.have to request permission from the Board of Public Works for use of the property. The Board would then take action at their next regular meeting to approve or disapprove the application. APPROVAL OF BICENTENNIAL COMMITTEE LOGO Mrs. Gwen Stiver, Chairman of the Bicentennial Committee, submitted to the Board two suggested designs for a logo for the Bicentennial Committee. The logos were designed by Edward Hermann., Upon motion made, seconded and carried, the Board approved both designs with the choice of which design to be used to be a decision of the Bicentennial Committee. REQUEST TO TOW ADVERTISING MATERIAL Mr. Ronald Ellis, of Coloma, Michigan, was present. Mr. Ellis had requested written permission to tow advertising material by airplane over the City of South Bend for a one-year period. The Board had requested that Mr. Ellis file a schedule of flights with them and a list of the advertising material to be towed. Mr. Ellis explained to the Board that he had not yet solicited any customers, but was waiting for Board approval. Mr. Farrand explained that the Board was interested in making certain that no controversial material was advertised. Mr. Ellis dis- played to the Board members a brochure showing sample ads. The matter of approving the advertising material was discussed and it was suggested that the Board could delegate Rollin Farrand, Board Chairman, to review the advertising material and approve it. Upon motion made, seconded and carried, the Board granted permission to Ronald Ellis, d/b/a Ellis Aerial Ads, to tow advertising material over the City of South Bend by airplane for a period of one year, from April 29, 1974 to April 29, 1975, subject to Mr. Ellis receiving prior approval for the content of all adver- tisements from Rollin E. Farrand, Chairman of the Board of Public Works and Director of the Department of Public Works, by telephone or by letter in advance. APPROVAL OF REQUEST TO ADVERTISE FOR BIDS FOR LEAF COLLECTION BOXES The Board received a request from Donald Decker, Director, Division of Transporta- tion, to advertise for bids for eight leaf collection boxes. Specifications for the boxes were submitted with the request. Upon motion made, seconded and carried, the Board approved the request and directed the Clerk to advertise for bids on May 3 and 10 with bids to be received at 9:30 a.m, on May 13, 1974. REQUEST FOR TRASH CONTAINERS The Board received a request from Christian Koehler, Manager of the Walnut Grove Mutual Housing Corporation, to have trash receptacles placed at bus stops on 29th Street and Jefferson and 26th Street and Woodmere Lane by the Comoany which provides the City trash receptacles. If this cannot be done, Mr. Koehler asked for per- mission for the Housing Corporation to place its own containers and empty them. Upon motion made, seconded and carried, the Board directed that Mrs. Mardella Hensler, who holds the franchise for Panel -Ads, be contacted and advised of this request. If she can provide the containers, she is to be asked to request approval of the Board of Public Works for these two locations. 1 REGULAR MEETING APRIL 29, 1974 REPORT ON SEWER COMPLAINT AT 1216i FELLOWS STREET A complaint about a sewer problem at 12162 Fellows Street, received from the St. Joseph County Health Department, was investigated by the Department of Public Works.. Mr. Farrand advised the Board that the investigation revealed that the problem was not in the City sewer which is free of obstruction and is operating satisfactorily. Any stoppage in a specific building or residence is the result of an obstruction in the private tap and is the responsibility of the property owner. Upon motion made, seconded and carried, the report was ordered filed and the Board directed that the Health Department be informed. REQUEST FOR PARADE - WEST SIDE VETERANS MEMORIAL DAY COMMITTEE The West Side Veterans Memorial Day.Committee requested approval from the Board to hold their annual Memorial D.ay.Parade on Monday, May 27, 1974 at 9:00 a.m. A proposed route was submitted and the Committee stated that indemnity insurance is provided by the Muszynski Insurance Agency through Policy No. CBP 830379 issued by the Aetna Insurance Company. Upon motion made, seconded and carried, the Board approved the request, subject to approval from the Captain of the South Bend Police Department in charge of traffic. O REQUEST FOR PARADE - MAURICE MATTHYS LITTLE LEAGUE The Maurice Matthys Little League requested approval of the Board for a parade W to be held on May 18, 1974 at 9:30 a.m. A suggested route was submitted and the letter stated that insurance for the parade is providedby the North American Insurance Company. Upon motion made, seconded and carried, the request was referred to the Bureau of Traffic and Lighting for review and recommendation. REQUEST FOR PARADE - HOPE CHAPEL CHURCH OF GOD A request was received from the Hope Chapel Church of God to hold a parade on Saturday, June 8 at 1:00 p.m. A proposed route was submitted. Upon motion made, seconded and carried, the request was referred to the Bureau of Traffic and Lighting for review and recommendation. APPROVAL OF MEMORIAL DAY PARADE GRANTED A report was received from Clem Hazinski, Manager of the Bureau of Traffic and Lighting, that the parade request of the St. Joseph County Memorial Day Society had been reviewed. Mr. Hazinski recommended approval of the request, provided the parade route be changed as follows: Proceed north on Lafayette Street from South Street to Washington Street, West on Washington to the old Central High School where the parade will disband. It was also recommended that the old Courthouse steps be used as a reviewing stand. Upon motion made, seconded and carried, the Board approved the parade request using the route as recommended by Mr. Hazinski and subject to compliance with regulations of the Board. APPROVAL OF AMERICAN INDIAN SOCIETY PARADE Clem Hazinski, Manager of the Bureau of Traffic and Lighting, recommended that approval be given to the American Indian Society to hold a parade at 9:00 a.m. on Saturday, June 8, 1974 on the River Bend Plaza. There was some discussion as to whether the construction equipment will be removed from the Plaza at that time. Upon motion made, seconded and carried, the Board approved the parade request, subject to coordination with the Division of Engineering and also subject to filing of indemnity insurance to hold the City of South Bend harmless. APPROVAL OF TRAFFIC CONTROL DEVICES The Bureau of Traffic and Lighting requested approval of the following traffic control devices: A. Installation of a Stop Sign on California at Wilbur. Increased traffic at this "T" intersection and a nearby school warrant the installation. Upon motion made, seconded and carried, the Board approved the installation. B. Installation of a 15 Minute Parking Limit was recommended in front of 609 and 615 W. Indiana Avenue. These are business places and the time limit will allow for turnover in parking. Upon motion made, seconded and carried the installation was approved. REGULAR MEETING APRIL �9, 1974 AGREEMENT WITH KENT KASER & ASSOCIATES APPROVED - PORTAGE GARDENS SEWERS A standard agreement was received from Kent Kaser & Associates for engineering services for the Portage Gardens Sewer project. Mr. Roemer reviewed the contract and said it was the standard agreement form and he recommended approval. Upon motion made, seconded and carried, the Board approved the agreement.. REQUEST TO ADVERTISE FOR BIDS FOR POLICE RADIOS APPROVED The Board received a request from Chief Robert.J. Urban to advertise for bids for the second phase of the police communications system. Chief Urban was present and said this will complete the second phase of the communications system and is funded through a criminal justice grant. Upon motion made, seconded and carried, the Board approved the request and the Clerk wasdirected to advertise on May 3 and. May 10, with bids to be received at 9:30 a.m. on Monday, May 13, 1974. STREET LIGHT OUTAGE REPORT FILED The Street Light Outage Report for the period of April 17 through April 24 was received. Upon motion made, seconded and carried, the report was ordered filed. CONTRACTOR'S BOND FOR SAM DOI APPROVED The Board received a recommendation from Ray S. Andrysiak, Bureau of Engineering, that a Continuation Certificate for the Contractor's Bond for Sam Doi was properly executed and could be approved. Upon motion made, seconded and carried, the continuation certificate was approved and the bond is continued until May 7, 1975. There being no further business to come before the Board, upon motion made, seconded and carried, the meeting adjourned at 10:30 a.m. R 'n E. Farrand 51 mesh V. _Bar s K. Seitz ATTEST: CLERK C�