01/12/76 Board of Public Works Minutes

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REGULAR MEETING JANUARY 12, 1976 PROJECT COMPLETION AFFIDAVIT APPROVED - WALNUT STREET RETAINING WALLS The Project Completion Affidavit for the Walnut Street, Retaining Walls and Sidewalk Project was submitted to the'Board. The final project cost was $59,886.70. Mr. Farrand explained to the Board that this certifies to the City that.the job is completed. A maintenance bond for the project, along with waivers of lien, was submitted to the Board. Upon motion made by Per. Farrand, seconded by Mr. Brunner and carried, the Project Completion Affidavit was approved by the Board and the Maintenance Bond, which is in effect until January 12, 1977, was filed. Waivers of lien from the contractor and the sub -contractors were also filed. COMPLAINT RE: TREE CUTTING SERVICE AT WILLIAM AND MARION The Board received a letter from Donald Fisher, 'President of the Park venue Neighborhood Association, regarding a tree cutting service operating at a vacant lot at the southwest corner of William and Marion Streets for more than two years. Mr. Fisher said that on Sunday, January 11 power saws were operating at the lot all day and tree limbs were being burned in open fires. He asked the Board to take some action. Forrest West, Building Commissioner, was present and advised the Board that a complaint regarding this problem came to his office last June 23. An investigation was made and on June 24, 1975 a "cease and desist" letter was sent to the owner of the property. The letter requested compliance with the cease and,'desist order within thirty days. Mr. West said an investigation then revealed that the owner had not complied so the matter was referred to the Legal Department on August 25, 1975. Marchmont Kovas of the South Bend Tribune also spoke on this matter and told the Board that the problem on Sunday, January 11 was a considerable one, with the noise from the power saws and the burning. Mr. Kovas said it was his opinion that open burning is a violation of the Code, 14r. West then advised the Board that the property is owned by Dr. Alfred Fromm and it is zoned Commercial. However, he said the uses to which the lot is being put are not allowed within this zoning category. Mr. Farrand made a motion that the matter be referred to the Legal Department for immediate review with a report to be made to the Board next Monday. The motion was seconded by Mr. Mullen and carried. The Board directed that the Clerk request the Police Department to keep the lot under surveillance to see if open burning is occurring and to take appropriate action. PUBLIC HEAPING CONTINUED - VACATION PETITION OF DEPARTMENT OF REDEVELOPMENT - VACATION RESOLUTION NO. 3419, 1975 This was the date set for a continuation of the public hearing on Vacation Resolution No. 3419, 1975 for the vacation of all streets, alleys and lots not previously vacated in the proposed replat of River Bend Addition. Mr. Farrand noted that Kevin Butler, Attorney for the Department of Redevelopment, advised the Board that correspondence directed to some of the property owners in regard to this vacation had been lost in the mail. It has been necessary to send new correspondence for signature. Mr. Butler requested that the matter be continued until February 2, 1976. Upon motion made by Mr. Farrand, seconded by Mr. Mullen and carried, the hearing on the Vacation Resolution was continued until February 2, 1976. OFFER TO PURCHASE CITY -OWNED LOT AT 1711 LONGLEY The Board received a letter from Joseph Gondek offering to purchase a city -owned lot at 1711 Longley Avenue for $200.00. Kathleen Cekanski, Deputy City Attorney, advised the Board that this property had been prepared for sale by Board resolution submitted to the Common Council, in accordance with the ordinance. An offering sheet and contract were sent to Mr. VanOverberghe, Mr.Gondek's son-in-law, with an offering price for the lot of $575.00, based on appraisal of the property. Mr. Gondek's counter-offer was made because he said there is much curb and sidewalk repair needed on the lot and it must also be filled and C