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HomeMy WebLinkAbout04/28/1980 Board of Public Works Minutes413 REGULAR MEETING A regular meeting of the Board of Public 9:40 a.m., on Monday, April 28, 1980, by McMahon, with Mr. McMahon, Mr. Richard L. E. Kernan present. Deputy City Attorney also present. MINUTES OF PREVIOUS MEETING APPROVED APRIL 28. 1980 Works was convened at President Patrick M. Hill and Mr. Joseph Terry A. Crone was Upon a motion made by Mr. Kernan, seconded by Mr. McMahon and carried, the minutes of the April 21, 1980, meeting of the Board were approved as submitted. AGENDA ITEM ADDED Mr. McMahon stated that the Board would consider the extension of the consulting agreement with Thomas J. Brunner, Jr. for services performed relating to the First Bank Center and Century Mall projects, after approval of the traffic control devices. PUBLIC HEARING ON ASSESSMENT ROLL - VACATION RESOLUTION NO. 3487, 1980 (FIRST EAST -WEST ALLEY NORTH OF WESTERN AVENUE) This being the date set, hearing was held on the Assessment Roll with respect to Vacation Resolution No. 3487, 1980 for the vacation of the first east -west alley north of Western Avenue, running west from Illinois Street to the east line.of the intersection of the north -south alley for a distance of 129 feet (in LaSalle Park, 2nd Sub.). 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 Assessment Roll lists $0.00 net benefits and $0.00 net damages to abutting property. No remonstra- tors were present and no written remonstrances were filed with the Board. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the Assessment Roll was approved and said resolu- tion is in all things ratified and confirmed and said proceedings closed. HEARING- DENIAL OF TAXI LICENSES (STEVE PAUL BOTKA AND DONALD E. OVERBAY) The Board had received the applications of Steve Paul Botka, 55152 Melrose, South Bend, Indiana, and Donald E. Overbay, 23819 West Edison Road, South Bend, Indiana, for taxi cab licenses, and had, at its meeting on March 24, 1980, denied the applications upon the recommendation of City Controller Joseph E. Kernan. Mr. Botka and Mr. Overbay had both been advised of the Board's decision and of their rights for a hearing on the matter. A hearing had originally been scheduled on March 31, 1980, however, Mr. Botka and Mr. Overbay had not been present and had requested another hearing date. Mr. McMahon turned the hearings over to Mr. Crone who advised Mr. Botka that the Police Department had recommended denial of his application and the Controller had concurred in that denial based upon a history of arrests and convictions. He asked Mr. Botka to explain the circumstances surrounding his conviction of larceny in August, 1971. Mr. Botka explained that he had been fined $15 and had pleaded guilty to the charge. He stated that he was employed by Kreamo Bakery and was told that employees received free loaves of bread. One night after hours, the delivery truck had been parked outside the bakery and he took a loaf of bread. He stated that he pleaded guilty to the charge because he felt he would encounter less of a hassle. Mr. Crone stated that in March, 1975, Mr. Botka had been arrested for public intoxication. He asked Mr. Botka to explain the charge. Mr. Botka stated that he did not feel he was guilty as charged. He had been involved in an argument with a couple of his friends and had been asked to leave by the owner of the premises. He had objected and was arrested, and he stated that he also pleaded guilty to the charge. Mr. Crone asked about the conviction of assault and battery and malicious mischief in February, 1980. Mr. Botka explained that the incident was a result of child visitation rights and was a confrontation with his ex -wife. He explained that he had objected to the way.his ex -wife had been treating his son and he had tried to talk with her on several occasions and she had refused to talk 414 REGULAR 14EETING APRIL 28, 1980 to him. He stated that he had been very upset and had tried to see his son and ended up breaking a window. He indicated that he paid for the damages to the window and had pleaded guilty to the charges; however, he stated that he had never hit his ex -wife nor had he ever intended to do so. He stated that he had been fined $30. He pointed out that just recently, he had filed another petition for child visitation rights, and he felt there would be no further confrontations with his ex -wife regarding that matter. Upon questioning, he stated that he was presently single and had not re- married. Mr. Crone asked if Mr. Botka had been arrested at any other time, and Mr. Botka indicated that he had been arrested and convicted of assualt and battery in 1977 and had been fined $45 and a five days' jail suspension. He stated that he had pleaded innocent to the charge which involved an argument with a friend while en route to South Bend from Elkhart. He indicated that he had gotten out of the car and proceeded to walk back to South Bend when his friend had hit him and a fight ensued. He stated that he thought he had broken his friend's jaw, and that the judge had told him he had used excessive force. Mr. Crone asked if he had used a weapon of any sort, and Mr. Botka stated that he had just hit his friend with his fist. Mr. Crone asked Mr. Botka if he was presently employed. Mr. Botka stated that he was presently unemployed and had been laid off from the Airport Limousine Service where he had worked for two years. Mr. Crone asked what Mr. Botka had done while employed at the airport. He stated that he had transported passengers to and from the airport terminal, had delivered packages for courier services, and also delivered luggage to passengers' homes for the airlines. Mr. Crone asked if Mr. Botka had ever encountered any problems with the passengers, and Mr. Botka said that there had been a few occasions, but nothing he felt was serious. Mr. Crone asked if there had ever been any physical violence involved and Mr. Botka stated that, at one time, a drunken Notre Dame student had parked his car where he was not permitted to do so, When Mr. Botka asked him to leave, the student gestured in an obscene manner and had called him names. Mr. Botka stated that a fight had followed and security had been notified afterward. Mr. Crone asked if any charges had been filed against him, and Mr. Botka stated that there had not been any charges filed. Mr. Crone asked if there were any other incidents of violence while Mr. Botka was employed by the Airport Limousine Service, and Mr. Botka stated that there were not. Mr. Crone asked if Mr. Botka had contacted any cab companies in the South Bend area about possible employment. Mr. Botka stated that he had contacted Mr. Sharp at Yellow Cab Company and he had stated he would employ Mr. Botka. Mr. Botka asked that the Board, in reaching its decision, consider all the circumstances surrounding his record of arrests. Mr. Hill stated that he appreciated Mr. Botka's candidness and honesty in responding to Mr. Crone's questions. He explained that the Board, in reviewing all the applications for taxi licenses, must represent the public and has a responsibility to the public that those persons driving cabs are honest and responsible people. He stated that -Mr. Botka's past experience has shown he had not always used the best judgment in many situations, and Mr. Botka had had .a very recent conviction in February, 1980. He felt that, in another year, if Mr. Botka still desired a taxi license and had no further convictions or problems` with the law, he would consider approving his request at that time. Upon a motion made by Mr. Hill, seconded by Mr. McMahon and carried, the application was denied (Mr. Kernan abstained). Mr. Crone asked if Mr. Donald E. Overbay was in attendance, and it was noted that he had left the meeting and was not waiting in the hall. Mr. McMahon stated that this was the second scheduled hearing on the taxi license application and Mr. Overbay was not present. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the application was denied (Mr. Kernan abstained). 415 REGULAR MEETING FILING OF SPRING CLEAN -UP REPORT APRIL 28. 1980 Mr. McMahon stated that the annual Spring Clean -Up Program had been a success, and a total of 1,369 loads of trash had been picked up and dumped between April 14 and April 18, 1980. He explained that various crews had been working that week and the crew headed by Herb Smith and Ed Nowak had picked up 42 loads. The crew headed by Lou Ferraro and Ray Poindexter had picked up 41 loads, and Al Rosheck and Tony Cano and crew had loaded 39 loads. As incentive for the clean -up, tickets for a Cubs ballgame were offered to the winning team which consisted of Mr. Smith and Mr. Nowak; Roosevelt Thompson, Jack Groshans, Leroy Worsham and Dan Czerna as drivers; and Tom Smith, John Trojanowaski, Mike O'Donnel, Dan Benson, Cedric Smith, John Tyson and Charles Sausman as pickers. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the report was filed. AWARD BIDS - STREET DEPARTMENT EQUIPMENT A recommendation was submitted by Mr. John Baumgartner, Manager, Bureau of Streets, regarding the bid award for the following Street Department equipment to outfit the truck chassis previously awarded: Ten crankshaft hydraulic systems, mounted Four 8' x 6.6" dump boxes with hoist, mounted Six 10' x 7' dump boxes with hoist, mounted Ten remountings of front hitches Mr. Baumgartner recommended that the bid of Deeds Equipment Company for the ten hydraulic systems in the amount of $14,450.00, and the ten remountings of front hitches in the amount of $2,000.00, be awarded. He further recommended that the bid of Dwyer E uipment Company for the four 8' x 6.6" dump boxes in the amount of 5,936 be awarded, and also award the bid of Walkerton Truck Equippers in the amount of $17,700 for the six 10' x 7' dump boxes. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the low bid of Walkerton Truck Equippers in the amount of $17,700 for six 10' x 7' Perfection dump boxes was awarded. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the low bid of Dwyer Equipment Company in the amount of $5,936 for four Galion 8' x 6.6" dump boxes was awarded. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the low bid of Deeds Equipment Company in the amount of $14,450 for ten hydraulic systems, and the ten remountings of front hitches in the amount of $2,000 was awarded. PETITION RE: CLEVELAND ROAD EXTENSION -BRICK ROAD BY -PASS A petition was submitted to the Board concerning the condition of the Cleveland Extension -Brick Road By- pass, which area had just recently been annexed to the City of South Bend. The petition noted that the signers traveled Cleveland and Brick Roads and were very concerned with the hazardous condition. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the petition was referred to the Engineering Department and the Bureau of Traffic and Lighting for review and recommendation. APPROVE USE OF PUBLIC BUILDINGS FOR VOTING PURPOSES A request for use of the following public buildings for voting purposes was received from Mr. C. J. Pajakowski, Chairman of the St. Joseph County Democratic Central Committee: 416 REGULAR MEETING Fire Station No. 2 Fire Station No. 3 Fire Station No. 5 Fire Station No. 6 Fire Station No. 7 Fire Station No. 9 Fire Station No. 10 Potawatomi Greenhouse Pinhook Pavilion APRIL 28, 1980 Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the request for the use of the fire stations was approved; however, it was noted that permission for use of the Greenhouse and Pinhook Pavilion would need to be obtained from the Park Depart- ment. The Clerk was instructed to contact the Park Department concern- ing use of park property. APPROVE USE OF SIDEWALKS AT CENTURY CENTER - ART CENTER DISPLAY A request for use of the sidewalks in front of Century Center by the Art Center for its South Bend Downtown Renaissance Art Fair on July 5.and 6, 1980, was received. It was noted that Mr. Brian Hedman, Director of Century Center, supported the project and had agreed to let the artists move inside Century Center if weather is inclement. Ms. Gwen Stivers and Mikki Dobski had also expressed their support for the project, and it was felt the Art Fair would add a new dimension to the Ethnic Festival. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and,carried, the request for use of the sidewalks was approved. The Clerk was instructed to contact Mr. Thomas Schorgl, Executive Director of the Art Center, and request him to coordinate the location of the displays with Mr. Hedman. APPROVE REQUEST TO USE RIVER BEND PLAZA ADAMS HIGH SCHOOL BAND The Adams High School Band requested the use of the Robertsons Stage on Wednesday, May 21, 1980, from 3:30 p.m. to 4:15 p.m., for a jazz band performance. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the request was approved. APPROVE OPEN AIR STAND EXTENSION - PRETZEL PALACE The Board received an extension of an open air stand application from Robert DeGraff, d /b /a Pretzel Palace, on River Bend Plaza. On February 4, 1980, the renewal license had been approved to May 1, 1980, with any extension thereafter to be done on a monthly basis. In view of the delay in actual construction for the mall project, Mr. McMahon made a motion to extend the license through December 31, 1980, as long as the area was available, seconded by Mr. Kernan and carried. The city shall retain the right to cancel the license at any time upon two weeks' written notice. DENY OPEN AIR STAND APPLICATION - JASON C. CHOI The application of Jason C. Choi for an open air stand license on River Bend Plaza was reviewed by the Board. Mr. Choi is looking for a permanent place to locate his trailer and sell Chinese -style food for take -out, similar to the Pretzel Palace. Mr. McMahon noted that, in the past, the Board has indicated its opposition to the establishment of booths on River Bend Plaza or in any other location throughout the city that are on other than a very temporary or seasonal basis. He explained that this was based on the belief that the establishment of a food concession in such a booth provides the operator of said booth with an unfair advantage over adjacent merchants who have invested in the development of downtown real estate and their assocated structures, have paid property taxes, and have also gone to the expense of meeting all of the health, plumbing, heating, electrical and other building 41'7 REGULAR MEETING APRIL 28, 1980 codes. Mr. McMahon stated that he would, however, encourage Mr. Choi to participate in the Ethnic Festival scheduled for the Fourth of July weekend. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the open air stand application was denied. APPROVE POLICY RE: OPEN AIR STAND LICENSE APPLICATIONS Mr. Crone stated that he had researched the matter of open air stand license applications and the procedure the Board has used in the past in approving and denying the applications. He recom- mended that the following steps be routinely followed on all future applications: Referral to the Building Department for review and approval, and determination if location of the stand would conform to zoning requirements. If the sale of handling of food is involved, the application will also be referred to the Health Department for approval and conformity to health regulations. On renewals, in addition to Health Department approval, the application shall be referred to the Environmental Control Office for an investigation as to whether or not there has been a problem in the past with litter and trash and debris at the site. All persons presently holding such a license shall be notified at least 30 days prior to renewal of their current license so that this review can take place. Mr. McMahon felt that current licensees should be notified 60 days prior to the expiration of their license so that the proper inspection and investigation could be made in ample time. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the recommendation was approved. REQUEST TO PURCHASE CITY -OWNED PROPERTY (FRANKLIN STREET) The Board received a request from Mr. Dale R. Paes, General Manager of Allied Products Corporation, inquiring into the possibility of purchasing Lot 9, north half of Stull's Second Addition on the west side of Franklin Street, and Lot 12, north half on the west side of Franklin Street. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the request was referred to the various departments of the city for review and recommendation. APPROVE PURCHASE AGREEMENT (SALE OF 718 SOUTH BENDIX). At the March 24, 1980, meetin of the Board, Mrs. Navarro had submitted a counter -offer of 200 for purchase of the above c_ty- owned property. The property had been appraised and was determined to have an estimated valuation of $807.. The Board, after considera - tion, had agreed to sell the property at a sum of $500, subject to approval by the Common Council since the offer was below the appraised figure. At a meeting held on April 14, 1980, the Common Council had ap roved the sale of the property to Mrs. Navarro in the amount of p$500. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the sale to Mr. and Mrs. Manuel Navarro in the amount of $500 for the above described property was approved, and the Legal Department was instructed to draft the necessary deed of conveyance. WS REGULAR MEETING APRIL 28, 1980 APPROVE COUNTER -OFFER FOR PURCHASE OF 1511 SOUTH MARIETTA The Board received a letter from Ms. Rolanda,Hughes for the purchase of city -owned property located at 1511 South Marietta. Approval had previously been granted for said sale by the Board of Public Works and the Common Council, and the property had been determined to have an estimated valuation of $995. Ms. Hughes expressed her desire to purchase the property but felt the $995 figure was too high in light of the amount of money she would be required to put into the pro erty to bring the home up to standards. She made a counter -offer of MO for the property. Ms. Kathy Barnard, Director of the Substandard Building Department, recom- mended that the Board approve the sale of the property for $200. Her letter indicated that Ms. Hughes would ultimately have to spend between $5,000 and $10,000 to rehabilitate the house and bring it up to code. Ms. Hughes is an active member of the Southeast Side Neighborhood PAC and has a sincere interest in the revitalization of the neighborhood. Several houses in this particular area are presently on the list to be demolished because no one has expressed an interest in rehabilitation. Ms. Barnard expressed the hope that the city would support the effort to rehabilitate these homes whenever possible. Mr. Kernan stated that, in light of the fact that the city would be faced with demolition of the building in an amount of approximately $895 and would subsequently have to pay for care and maintenance of the property, he felt the Board should accept Ms. Hughes' offer. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the counter -offer of Ms. Hughes in the amount of $200 was approved, subject to approval by the Common Council. Mr. Crone suggested that the Board may want to request the Substandard Build- ing Department to work out a repair schedule and certain controls and stipulations so that the rehabilitation work could be monitored, prior to approval by the Council. APPROVE REQUEST TO CONDUCT STREET SERVICES - COLLEGE AND LINDEN A recommendation from Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, was received concerning the request of Dora Lottie to hold street services on the corner of College and Linden for two weeks during the month of May from 3:00 p.m. through 5:00 p.m. Approval was recommended subject to the sidewalk being left open for the free passage of pedestrians and traffic not being impeded nor blocked in any manner. It was requested that Miss Lottie notify the Board of the dates involved at least one week prior to the commencement of the street services. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the request was approved. APPROVAL OF TRAFFIC CONTROL DEVICES Mr. Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, recommended approval of the following traffic control devices: Install Stop Sign — Calvert at Prairie Revise No Parking to: 2 -Hour Parking 6 AM - 6 PM except Sunday - 417 North Main Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the above traffic control devices were approved. 419 REGULAR MEETING APRIL 28, 1980 APPROVE EXTENSION TO CONSULTING AGREEMENT - THOMAS J. BRUNNER, JR. Mr. Hill stated that the current consulting agreement between the Board of Works and Attorney Thomas J. Brunner, Jr., for legal services performed in connection with First Bank Center and Century Mall projects provides for an extension of the present contract for an additional six -month period under the same terms and conditions. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the city's option to extend the agreement for a six -month period was approved, subject to approval by the Common Council if needed. APPROVAL OF CONTRACTOR BONDS The Board received the Contractor Bond of Walter J. Vincent d /b /a Vincent. Concrete Engineers, Inc. and Carl Savoie, d /b /a Savoie Construction Company. A recommendation from Ray S. Andrysiak was received for approval of the bonds. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the Contractor Bond of Walter J. Vincent was approved. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the Contractor Bond of Carl Savoie was approved. .APPROVE RELEASE OF CONTRACTOR BOND W. E. CRACH`X' The Board received a request to release the Contractor Bond for W. E. Crachy. Mr. Ray S. Andrysiak had reviewed the request for release and advised that the bond could be released. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the Board approved release of the above bond. APPROVAL OF HANDICAPPED PARKING PERMIT The Board received an application for a handicapped parking permit for Mr. Herb Krueger, 2892 Jamestown Court South, Mishawaka. A doctor's certificate was attached. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the request was approved and referred to the Deputy Controller's Office for issuance. At the April 21, 1980, meeting of the Board, a request for a handicapped parking permit had been received from the Hamilton Grove Retirement Home, New Carlisle, Indiana. At that time, the matter had been referred to the Legal Department for a clarification on whether or not an institution could be issued such a permit; Mr. Crone stated that he had researched the ordinance and felt the city did not have the authority to issue a handicapped sticker to an institution. He felt that requests of this type do not fall within the perview of the ordinance. Mr. McMahon agreed; however, he felt the request was consistent with the intent of the ordinance and he wondered if approval could be given. Mr. Crone felt that, in order to approve the request, the ordinance would need to be amended. Mr. Hill pointed out that many of the institutions have drivers who can drop off passengers and pick them up again without having to take up the limited handicapped parking places for long periods of time. He felt approval of the request would have the potential to apply more pressure to the few available parking places in South Bend. He also felt the intent of the ordinance was to issue such permits to handicapped individuals. Upon a motion made by Mr. Hill, seconded by Mr. McMahon and carried, the request was denied. 420 REGULAR MEETING APRIL 28, 1980 APPROVE MODIFICATION TO CETA SUBGPANT AGREEMENT - HISTORIC PRESERVATION Mr. Elroy Kelzenberg, Director of the Bureau of Employment and Training, submitted modification #1 to the Agreement with the Historic Preservation Commission for approval. The modification provides an administrative budget of $150 for costs associated with contract administration and extends the agreement period end date from August 13, 1980, to September 30, 1980. It was noted that all other parts of the initial agreement remained unchanged. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the modification was approved. FILING OF CERTIFICATE OF INSURANCE - PERFICOLD, INC. The Board received a Certificate of Insurance for Perficold, Inc. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the Certificate was filed. APPROVAL OF ENVIRONMENTAL CLEAN -UP OF LOTS A request from the Environmental /Action Center was received for permission to have city environmental crews clean the following lots within the city: ADDRESS Lot east of Liston, 1324 N. Meade, 2010 Robinson, 1619 Lot behind Wenger, 620 Jefferson, W., 1211 Grand Trunk RR, Twyckenham, 542 Lot west of Indiana, W., 1410 Bonfield, 4016 South, W., 600 block, south side Chapin, S., 1631 Taylor, S., 1506 Kendall, 1510 Fox, E., 1146 Diamond, 739 Cleveland, N., 737 Liberty, S., 526 2018 Beverly Place 718 Cushing 206 LaPorte 709 LaSalle 1604 Longley 207 N. Notre Dame 1314 S. Rush, lot north 1209 Lincolnway West 1717 S. William 1012 W. Washington 130 N. Chicago 330 E. Colfax, lot east 226 S. Notre Dame 230 Pennsylvania, lot east 1506 N. Adams 1330 N. Fremont 1653 N. Huey CONDITION litter, appliances brush trash trash trash, appliances trash brush litter, junk, appliances litter, trash trash, litter appliances, trash litter, garbage litter, junk, garbage furniture furniture appliances, garbage appliances Garbage rugs demolition remains, junk litter, demolition remains appliances, garbage litter, junk, garbage junk litter, garbage junk, trash furniture, junk, burnout brush, mattress, furniture litter, junk, trash litter, garbage litter, junk, demolition remains litter, boxes, junk litter, weeds Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the request was approved. "1 1 421 REGULAR MEETING STREET LIGHT OUTAGE REPORT APRIL 28, 1980 The report indicated a total of 10 outages during the period of April 17, 1980, through April 22, 1980. The report was filed upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried. APPROVAL OF CLAIMS Chief Deputy Controller Michael L. Vance submitted to the Board Claim Docket No. 7490 through No. 7982 and recommended approval. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the claims were approved and the report filed. PRIVILEGE OF THE FLOOR Mr. T. Brooks Brademas, Developer of the 100 Center Complex, Mishawaka, stated that he wished to bring to the attention of the Board certain irregularities concerning the Odd Fellows Building and the Redevelopment Commission. Mr. McMahon reminded Mr. Brademas that the Department of Redevelopment was a separate entity under the law and was governed by its Redevelopment Commission. Mr. Brademas stated that he was aware of that; however, he stated that the department was still a department of the city and he was concerned about the manner in which the Odd Fellows Building was being handled. He stated that HUD required public disclosures and a form was to be completed by each developer who proposed plans for the project which also required a preliminary rehabilitation plan which indicated costs, the proposed plans, letter of credit, etc. He further stated that it was required that a public disclosure be made by all persons having a 10% or more interest in the proposed development. He stated that that had not been done. He said that no final statements have been submitted; likewise, no cost estimates or plans. He indicated.that the Redevelopment Commission is required to consider all this information and it has not even been submitted. He alleged that the Redevelopment Commission had entered into an agreement for the sale of the Odd Fellows Building without complying with any of the requirements of the law.' He presented a letter to the Board which he had received from the Redevelopment Commission indicating that the four bids received for the project had been rejected. He stated that negotiations were supposed to take place shortly after he received the letter and nothing was done. He indicated that the only contact he had with the department was a call that the building was going to be demolished. He stated that he checked with the other developers and no contact had been made to any of them either. He felt it appeared that he and the other developers had been merely used to submit proposals so they could be rejected, thereby giving the commission the authority to enter into negotiations with any developer it desired. He felt this was not good faith. He stated that the developer chosen by the commission had not complied with the requirements of the law. He stated that there were no plans, specifications, costs, etc. He pointed out that the city was using public money and had spent approximately $4,500 to have a local architectural firm evaluate the proposals, only to find out that there was one difference in his proposal and the others: the stairs have been moved in a north -south direction. He stated that, when the proposals were submitted, the interest rate was 12% and has since risen to 19 %. He felt this was a classic example of government waste, and he hoped these actions were based on misjudgment and were not intentional. He asked that the Board of Public Works request an explanation from the Redevelopment Commission. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, a copy of the minutes concerning Mr. Brademas' remarks will be referred to the Redevelopment Department as a courtesy so it would be aware of the remarks and comments made by Mr. Brademas. 422 REGULAR MEETING APRIL 28. 1980 Mr. Sam Rulli, partner of Pasquale - Rulli, stated that he was leasing the kitches from Vegtable Buddies on Michigan Street and was desirous of opening a sidewalk cafe in front of the premises. Mr. McMahon stated that during the "hole" construction, the only area available was a fire lane and the project was not scheduled to be completed until October of 1981 or later. He stated that the Board wanted to promote outside cafes but would not even be able to consider the request until the construction in the area was completed. He pointed out that, even after construction was finished, it might be determined the area may need to be used for parking facilities and pedestrian flow. Mr. Rulli explained that, at present, he had a carry -out window on the premises and there appeared to be enough area for that purpose. Mr. McMahon asked Mr. Rulli to furnish the Board with a proposed sketch for the arrangement of tables in the area and, if it appeared that the tables would not impede pedestrian flow or interfere with the construction work in the area, the Board would consider the request. Mr. Rulli indicated that he would prepare a drawing showing the measurements of the area and the number of tables and their arrangement and submit that information to the Clerk for the Board's consideration. There being no further business to come before the Board, upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the meeting was adjourned at 10:50 a.m. G A 61MlcMahon Richard L. Hill r �� - 6 seph E. Kernan ATTEST: O� G a­X_ Q . ,e 4_�Q Barbara J. Bye s, Clefk i i