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HomeMy WebLinkAbout10/07/74 Board of Public Works MinutesREGULAR MEETING OCTOBER T, 1974 A regular meeting of the Board of Public 9:30 a.m, on Monday, October 7, 1974 wit Deputy City Attorney Kathleen Cekanski.w of the previous meeting were reviewed an PETITION TO VACATE ALLEY FILED h Works was convened at all members present. as also present. Minutes d approved. The Robert P, and Clara .I — Milton Home, Inc., by theme attorney John Obenchain, files their petition to vacate the east -west alley. between Marion and Madison Streets, running east between Lots 131 and 132 to the vacated St.Joseph Street. Upon motion made, seconded and carried, the petition was referred to the Bureau of Engineering for review and recommendation. RECOMMENDATION FROM LEGAL DEPARTMENT RE: GOSPEL SINGING GROUP An application from Frank Alford for a Gospel Singing Group to appear on River Bend Plaza on October 12th had been referred to the Legal Department for a recommendation. Deputy City Attorney Kathleen Cekanski submitted a recommendation to the Board advising them that the application could be approved since the application is for a single event and no admission is being charged. The application was recommended favorably by Louis Wilcox, Director, River Bend Plaza. Miss Cekanski's recommendation stated that since the basic purpose of the activity is entertainment rather than advancing or fostering religious beliefs, she found no constitutional problems. Upon motion made, seconded and carried, the Board approved Miss Cekanski's recommendation and approved the application of Frank Alford to bring the Gospel Singing Group on the Plaza on October 12. TENT SALE APPROVED The Board received a favorable recommendation from Forrest R. West, Building Commissioner, regarding the request of the Radio and Furniture Mart to hold a Tent Sale during the middle of October. Upon motion made, seconded and carried, the Board approved the Tent Sale subject to compliance with all regulations of the Building Department and the Fire Prevention Bureau and securing the necessary permit. LETTER RE: FLOOD ELEVATION STUDY A letter from the Department of Housing and Urban Development regarding a contract with Johnson & Anderson for a flood elevation study for the City of South Bend was read. Mr. Farrand explained that the study would allow the City of South Bend to become involved in the Flood Disaster Program for the St. Joseph River area. Donald Germann, Civil Defense Director, noted that only three governmental units are involved in the program at this time; South Bend, Roseland and the unincorporated areas of St. Joseph County. There are six other units which have until July 1, 1975 to sign up for the program. Individuals in those areas which have not signed up will not be able to get flood insurance protection. Upon motion made, seconded and carried, the letter was ordered filed. PROJECT COMPLETION AFFIDAVIT, ACCESS ROAD NORTH OF WESTERN AVENUE The Board received the Project Completion Affidavit and Maintenance Bond from Colpaert Realty Corporation for the storm and sanitary sewer, pavement and curb constructed on the access road north of Western Avenue between Summit Drive and Mayflower Road. Upon motion made, seconded and carried, the Board approved the Completion Affidavit. CERTIFICATE OF INSURANCE FILED - REPAIR OF SOUTH BEND DAM A Certificate of Insurance from Raymond International,.Inc., successful bidder on the Repair of the South Bend Dam was presented to the Board. Upon motion made, seconded and carried, the certificate was ordered filed. 2 1, e:. Y RECOMMENDATION REGARDING RELIGIOUS SERVICES ON RIVER BEND PLAZA An application from Rev. Henry Underwood to conduct Street Services on River Bend Plaza on a regular basis was referred by the Board to the Legal Department and the River Bend Plaza Advisory Committee. The Board received a letter from Louis Wilcox, Director of River Bend Plaza, advising them that the Advisory Committee, at its meeting on October 1, 1974 passed the following motion: That the Committee go on record as opposing any religious services being held on the Plaza. Upon motion made, seconded and carried, the letter was ordered filed. The Board received a recommendation from Kathleen Cekanski, Deputy City Attorney, that the application not be approved. Miss Cekanski indicated she had conferred with City Attorney James A. Roemer and he concurred. To allow the street services would be an advancement of religion and violative of the Establishment Clause of the Constitution and would also violate the equal protection rights guaranteed all other groups. Additionally, it was.,pointed out that the application was neither favorably or.unfavorably recommended by the Director of River Bend Plaza and, therefore, the Board would be unable to take any action on the application. Upon motion made, seconded and carried, the Board filed the recommendation and it was determined that any subsequent requests be reviewed on a case -by -case basis. The application of Rev. Underwood was directed returned to the River Bend Plaza Director with the request that no applications be submitted to the Board for GL7 approval unless they have a recommendation from the Director. W STREET LIGHT OUTAGE REPORT FILED The Street Light Outage report for the period of September 26 through October 3, 1974 was received and ordered filed. BOND APPROVED Ray Andrysiak, Bureau of Engineering, advised the Board that the continuation certificate for the Excavation Bond of Woodruff and Sons, Inc. was properly executed and could be approvd.d. Upon motion made, seconded and carried, the bond was approved to 11/2/75. AGREEMENT - SOUTH SHORE RAILROAD RE: ABANDONMENT OF TRACK The Board received an agreement between the City of South Bend and the Chicago South Shore and South Bend Railroad Company. The agreement covers the abandonment of the South Shore Track from Johnson Street east to the end of the line at LaPorte Avenue to allow for construction of the Colfax -Orange Street Connector. The city will assume responsibility for the removal of the track and repair of the street surface. Upon motion made, seconded and carried, the Board signed the agreement which will now be submitted to the South Shore Railroad for signature. DISCUSSION OF TAXICAB COMPANIES Mr. Bert Liss and Mr. Sharp were present. Mr. Liss said he understood the Board had an application for a new taxicab company in South Bend. He said he has operated the Indiana and South Bend Yellow Cab Company since 1928, and South Bend can barely support one cab company. He noted that Fort Wayne has only one cab company. He said his cab company cannot use all the licenses it has at the present time. Mr. Liss said, with the gasoline situation and the economic problems at present, he would request that the Board not allow another cab company to operate in South Bend. Mr. Farrand said the application for the new cab company is under advisement at the present time and the Board is not ready to make a decision on the matter. He said he expects the matter to be before the Board on Monday, October 14 and Mr. Liss was informed he could be present at that time. REGULAR MEETING OCTOBER 7, 1974 There being no further business to come before the Board, upon motion made, seconded and carried, the meeting adjourned at 10:15 a.m. Ro lin E..Farran es V. arcome Ja es R. Seitz ATTEST: