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HomeMy WebLinkAbout11/15/76 Board of Public Works Minutes22 REGULAR MEETING NOVEMBER 15, 1976 A regular meeting of the Board of Public Works was convened at 9:30 a.m, on Monday, November 15, 1976 by Chairman Rollin Farrand with lZr. Farrand and Mr. Mullen present., Mr. Brunner joined the. meeting at 9:40 a.m. ASSESS14ENT ROLL APPROVED - VACATION RESOLUTIO14 NO. 3432, 1976 NORTH -SOUTH ALLEY WEST OF MAIN STREET This being the date set, hearing was held on the-.A°s'sessment'Roll for Vacation Resolution No. 3432, 1976 for the vacation of the north - south alley west of Plain Street, running south of Calvert Street from the south right-of-way line of Calvert Street to the south line of Lot 22 in Stover and Witmer's Addition. Also being the north line of said alley vacated under Resolution No. 3396. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri-County News which were found to be sufficient. No remonstrators appeared and no written remonstrances were filed with the Board. Upon motion made by Mr. Farrand, seconded by Mr. Mullen and carried, the Assessment Poll showing $0.00 net damages and $0.00 net benefits was approved and said resolution is in all things ratified and confirmed and said proceedings closed. USE OF FIRE TRUCK FOR HOLIDAY PARADE APPROVED The Board received a letter from,Chief Oscar Van Wiele informing them that he had been asked by Ronald Bock, Director, River Bend Plaza, to provide a fire truck to be used for the arrival of Santa Claus in the Holiday Parade on November 20, 1976. Chief Van Wiele recommended approval of the request. Upon motion made by Mr. Farrand, seconded by Mr. Mullen and carried, the request was approved. ADOPTION OF VACATION RESOLUTION NO. 3434, 1976 Upon motion made by PZr. Farrand, seconded by Mr. Mullen and carried, the following resolution was adopted: VACATION RESOLUTION NO. 3434. 1976 RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, That it is desirable to vacate the following A portion of Parallel Street from the east right-of-way line of Jackson Street East to the West right-of-way line of College Street in Cottage Grove Addition. Reserving the rights and easements of all Utilities and the Municipal City of South Bend, Indiana to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right of way, unless such rights are released by the individual Utilities. The following property may be injuriously or beneficially affected by such vacation: Lot Numbers 10 and 15 of Cottage Grove Addition. Notice of this Resolution shall be published on the 19th and 26th day of November, 1976 in the South Bend Tribune and in the Tri- County News. This Board at its office on the 13th day of December, 1976 at 9:30 o'clock, A.M., will hear and receive remonstrances from all persons interested in or affected by these proceedings. Adopted this 15th day of November, 1976. BOARD OF PUBLIC WORKS s/ Rollin E. Farrand ATTEST: s/ Peter Ii. Mullen s/ Patricia DeClercq, Cleric I [l REGULAR MEETING NOVEMBER 15,, 1976 The Board received a request from Mary Louise Brown,, 235 North Notre Dame Avenue that consideration be given to the installation of a street light at the.corner of Notre Dame Avenue and East LaSalle. Upon motion made by Mr. Farrand, seconded by Mr. Mullen and carried, the request was filed and referred to the Bureau of Traffic and Lighting for a field investigation and possible inclusion on the chronological list of new installations being compiled. CHANGE ORDEP, APPROVED - 1976 CUkB AND SIDEWALK CONTRACT A change order in the 1976 Curb and Sidewalk Contract with Rieth Riley Construction Company was submitted to the Board, with the favorable recommendation of Rollin E. Farrand, Director of Public Works and Patrick McMahon, Manager of the Bureau of Public Con- struction. The Change Order is the final order and decreases the contract by $4,581.00. The change order adjusts quantities to as -built plans. Upon motion made by Mr. Farrand, seconded by Mr. Mullen and carried, the change order was approved. PROJECT COIIPLETI014 AFFIDAVIT - 1976 CURB AND SIDEWALK CONTRACT The Project Completion Affidavit for the 1976 Curb and Sidewalk Contract with Rieth Riley Construction Company was submitted to the Board for approval. The contract had a final cost of $44,020.75 and the maintenance agreement extends until October 25, 1979. Upon motion made by Mr. Farrand, seconded by Mr. Plullen and carried, the completion affidavit was approved. CONTRACT WITH MORTON SALT COIIPA14Y APPROVED A contract with Morton Salt Company for providing rock salt for the Street Department was prepared by Deputy City Attorney Georgia Luks and submitted to the Board for approval. The contract was based on the bid accepted by the Board. Morton Salt Company officials have executed the contract and a 100o performance bond was submitted. Upon motion made by Mr. Farrand, seconded by Mr. Mullen and carried, the Board signed the contract. APPROVAL OF MINUTES OF PREVIOUS MEETING Mr. Farrand noted that the minutes of the regular meeting on November 3 had been reviewed and he made a motion that they be accepted as submitted. Mr. Brunner seconded the motion and it carried. Mr. Farrand also noted that a special meeting of the Board was held on November 9 to approve an agreement with the Indiana State Highway.Cormiission for the reconstruction of the Colfax Avenue bridge, in the event the City gets public works funds for the project. Mr. Farrand made a motion that the minutes of the special meeting be approved. Mr. Mullen seconded the motion and it carried.. OPENING OF BIDS - TRUCK, BUREAU OF TRAFFIC AND LIGHTING This was the date set for receiving bids for a 3/4 ton pick-up truck for the Bureau of Traffic and Lighting. 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: Jordan Ford Company Bid was signed by Jordan Kapson, non -collusion affidavit was in order and a 10% bid bond was submitted. Bid - $4,744.81, with trade-in 2 REGULAR MEETING NOVEMBER 15., 1976 Gates Chevrolet Co. Bid - $4,653.50, with trade-in Bid was signed by A. G. Irwin, 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 Board referred the bids to theBureauof Traffic and Lighting for review and recommendation. AMENDED VACATION RESOLUTION NO. 3409 AND AMENDED ASSESSMENT POLL ADOPTED AND PROPERTY VACATED This was the date set for a public hearing on amended Vacation Resolution No. 3409, 1975 and amended Assessment Roll for the Vacation Resolution. The Clerk tendered proofs of publication of notice in the South Bend Tribune and in the Tri-County News which were found to be sufficient. Mr. Farrand noted that these amended documents were to include one alley, the east -west alley between Donald and Fox, which was omitted from the legal descriptions in the documents but w�Aich was included and covered in all the public hearings held on the proceedings. Jack C. Dunfee, Jr., Attorney for the petitioner, the South Bend Community School Corporation, was present. No remonstrators were present and no written remon- strances were filed with the Board. Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the Board confirmed Vacation Resolution No. 3409 As Amended and the Amended Assessment Poll, showing $0.00 net damages and $0.00 net benefits, was approved and said resolution is in all things ratified and confirmed and said proceedings closed. IMPROVEMENT RESOLUTION NO. 3433 RESCINDED HIGHLAND ADDITION SEWERS Mr. Farrand reported that -the public hearing on the Highland Addition Sanitary Sewers was continued until this date and the Board took under advisement a letter received from Dr. William J. McCraley, County Health Officer, and a petition signed by property -owners remonstrating against the construction. Mr. Farrand read Dr. McCraley's letter as follows: Re: Highland Park Sanitary Sewers "I now have completed my evaluation of conditions concerning this project and do appreciate the time afforded to do so. As you know, it is in the public's beat interest to provide sanitary sewers to as much of the community as possible,• especially when we are assured that adequate treatment facilities are available. In view of the facts of present septic system - failure, potential problems in that septic systems are intended a temporary installation, and the high water table in the area, I feel this sanitary sewer is necessary. I strongly urge your Board to proceed with this project and should there be any real hesitation, please be advised that the Board of Health is prepared to order the same. I trust you will advise if there are any questions. Sincerely, s/ William J. McCraley, M.D." Mr. Farrand said the purpose of the continuation of the public hearing was to determine whether a majority of the property owners are against the project. Ile noted that a review of the votes cast at the first public hearing showed those voting Yes or not indicating a vote represented 56.1900 of the 112 lots. Those voting No repre- sented 33.03% of the lots. Mrs. Dorothy Cressy noted that there is only one house with a sewer problem. She said the other property owners have good septic systems. Mrs. June Wesszo said she presented C REGULAR MEETING NOVEMBER 15, 1976 5 1 a petition to the Board sigried by property owners and indicating their feelings about the sewer. Mr. Farrand reviewed the petition and those who indicated they were against the construction. Louis Wesszo said that the project includes many vacant lots where the sewer will not be needed. There was a discussion.regarding the costs quoted at the first public hearing and Mr. Farrand said the minutes of that meeting were available for -inspection. Mr. Wesszo asked if the payment for the sewers could be spread out over twenty years instead of five years for those on fixed incomes. Mr. Farrand said the payment plan is specified as five years. Mrs. Wesszo said there are back taxes due on many of the lots. Mr. Farrand said the taxes are not relevant to this discussion. Mr. Wesszo said many of the lots -7ill be turned over to the County for taxes .Mr..Brunner said that the property, owners have -made a persuasive argument for their case and the Board -understands their feelings. The Board must now determine whether more than one-half the property owners are against the project. If that is the case, the project might not go through. HOWever, Mr. Brunner said the property owners should understand that Dr. McCraley, the County Health Officer, has stated in a letter to the Board that any hesitancy on the part of the Board to approve the project might produce a mandate from the Health Department to construct the sewers. Mrs. Wesszo said there are only eleven houses in the area and only two of them need sewers, one on Hillside and one on Highland. Mr. Farrand said a review of the petition indicated that there might be more than fifty per cent of the property owners against the project. Mr. Mullen made a motion that the Board rescind Improvement Resolution No. 3433. Mr. Brunner seconded the motion. The motion carried with Mr. Brunner and Mr —Mullen voting aye and Mr. Farrand voting nay. Robert Gonderman, Attorney for the Health Department, was present and said this action was not going to terminate the project. He said the Health Officer has a responsibility to the community and a determination will have to be made as to what action should be taken. VALLEY CABLEVISION.COMPLAINT Legal Interne Terry Crone reported to the Board that a response from the Federal Communications Commission regarding the complaint about radiation leaks from Valley Cablevision equipment was received. The F.C.C. indicated that they did not have Rules and Regulations available for distribution, but they could be obtained from Washington, D.C. Thee recommended that complaints about radiation leaks be brought directly to the attention of the company and, if unresolved, such cases should be brought to the attention of the community which issued the franchise. They further recommended that unresolved complaints about malfunctions sent to the company could be sent -to them with a history of the complaint and they would try to get greater cooperation fron the company. Mr..Crone said he net with Harry White, Manager of Valley Cablevision, and with Tim Zeak, South Bend Antenna Company. Mr. Zeak has agreed to give the City a list of specific sites where radiation leaks exist to be forwarded to Valley Cablevision. If their response is not favorable or satisfactorIT, the Board could forward the complaints to the F.C.C. for a determination as to whether or not Valley Cablevision is in violation of the Pules and Regulations. Mr. Zeak was present and said he hesitates to submit a list of the radiation leaks because he has forwarded these locations to Valley Cablevision before without success and he did not want to subject his customers to harrassnent or slander. He said he did submit a partial list to Valley Cablevision last Monday and on Tuesday Mr. 11hite stated that he was not aware of any leaks other than in the River Park area. Mr. Zeak said he invited Mr. White to be present this morning to answer questions of the Board. He said some of the problems go back over two years. Mr. Farrand said the Board would find it difficult to deal with this natter unless they had a list of the problems. He said the customers could submit their complaints directly to the REGULAR MEETING NOVEMBER 15, 1976 Board and the Board could transmit their specific problems to Valley Cablevision and ask for a response. Mr. Mullen suggested that Mr. Zeak might get permission from the customers to give their addresses to Valley Cablevision. Mr. Farrand said this Board is open to any complaints from customers since the franchise agreement was approved by the Board.of Public Works. A representative of Matt's Antenna Service was present and said it would not be necessary to bother the customers. lie said tests can be conducted on the installations and the radiation leaks can be detected. Mr. Crone said his recommendation would be that the Board accept a list of problem sites from Mr. Zeak to be forwarded to Valley Cablevision and that they be asked to respond to those specific allegations. If that response is not satisfactory, the complaints will be forwarded to the F.C.C. for technical tests. Mr. Zeak said he would submit a list of problem sites to the Beard. He said there are other allegations he made about the Valley Cablevision operation.in South Bend which should be investigated and said it is possible the system was improperly installed.- He said if he submitted a list of problems to the Board, he would like them to ask Valley Cablevision when the problem was first called to their attention, because many of the problems are many months old and he has received no satisfaction. Mr. Farrand said Mr. Zeak could submit the date the problem was turned over to Valley Cablevision with his list. Mr. Farrand said the Board would take the matter under advisement and submit Mr. Zeak's list.to Valley Cable - vision with the request that a response be received from them as to action taken. Further action will be based upon the response from Valley Cablevision and whether or not the Board determines that the matter should be referred to the F.C;C.. REQUEST FOR STREET LIGHT ON HAMILTON!,COURT The Board received a letter from Councilman Taylor transmitting to them a petition from residents of. the Hamilton Court area asking that a light be installed on Hamilton Court. Mr. Taylor. asked.the Board to give immediate consideration to the request. Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, was present and advised the Board that this location is on the chronological list of proposed installations and a recommendation should come to the Board within three weeks. Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the Board referred the letter to the Bureau of Traffic and Lighting for review and a report on December 6, 1976. TRAFFIC CONTROL DEVICE APPROVED Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, recommended to the Board the installation of No Parking signs on both sides of Sheridan, from Sample to a point 150 feet south of Sample. Upon motion made by Mr. Farrand,.seconded by Mr. Mullen and carried, the installation was approved. REPORT ON PETITION FOR TRAFFIC SIGNAL AT OLIVE AND PRAIRIE Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, submitted to the Board his report on the investigation of a request for a traffic signal at the intersection of Olive and Prairie. Mr. Wadzinski indicated that the study included survey data from accident information from the St. Joseph County and South Bend Police Depart- ment, a twelve hour intersection count and a radar speed check. Mr. Wadzinski said the study indicates that, based on the Indiana Manual on Uniform Traffic Control Devices, one of the warrants for signalization is met.. Mr. Wadzinski noted that while the City of South Bend owns three of the approaches to the intersection, the fourth approach and the intersection itself are controlled by St. Joseph County and the Indiana State Highway Commission. He recommended that his report be forwarded to the County and State for consideration of the installation of a semi -actuated signal. Upon motion made by REGULAR MEETING NOVEMBER 15, 1976 Mr. Farrand, seconded by 14r.Brunner and carried, the Board directed that a letter be sent to St. Joseph County and the Indiana State Highway Commission outlining the,City's investigation of this intersection and asking that immediate consideration be given to the installation of a semi -actuated signal and requesting that the Board be advised of any determinations made in this matter. Copies of the letter are to be sent to Councilman Kopczynski and Father Pei!. RIVER BEND.PLAZA APPLICATIONS APPROVED COIZDITIO14ALLY Ronald Bock, Director of River Bend Plaza, submitted to the Board a list of entertainment activities,on the Plaza in connection with the Holiday Festival on November 20. Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the activities were approved. Mr. Bock submitted the following applications for booths at the Holiday Festival, with his favorable recommendation: A. Right to Life Group - Display Only. B. Bahai - Food Booth C. Unico - Handcraft Booth D. Avalon Grotto - Display, Clown and Calliope E. Christ Gospel Church - Handcraft Booth F. South Bend Fire Department - Hand out free coloring books G. Grace Baptist Church - Food Booth Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried the applications were approved, subject to the filing of liability insurance where applicable and the securing of vending licenses. CLAIMS APPROVED Walter F. Lantz, Deputy City Controller, and Michael L. Vance, City Auditor, submitted to the Board Claim Docket Numbers 16544 through 16842 and recommended approval of the claims. Upon motion made by Mr. Farrand, seconded by Mr. Mullen and carried, the Board approved the claims and directed that checks be issued. STREET LIGHT OUTAGE REPORT FILED The Street Light Outage report for the period of November B through 12 was received. The report indicated 106 outages. It was noted that, through increased reporting by the Police Department and citizens, the number of outages is greatly increased. A letter will be sent to Chief Borkowski expressing the Board's appreciation of the reporting. Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the report was ordered filed. CHANGE ORDER APPROVED - KALEY STREET CURB AND SIDEWALK A change order in the Kaley Street curb and sidewalk contract awarded to the Rieth Riley Construction Company was submitted to the Board. The change order increases the contract by $1,925.00. Mr. Farrand said the original proposal sought was for a 16 inch curb. After a review of field conditions, the Bureau of Public Construction has determined that a 20 inch curb should be installed. Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the change order was approved. W REGULAR MEETING NOVEMBER 15, 1976 HOLIDAY LIST FOR 1977 APPROVED The following list of paid holidays for Cite employees for 1977 was approved by the Board, upon ;motion made by Mr. Farrand, seconded by Mr. Brunner and carried: New Year's Day Good Friday Memorial Day Friday before Independence Day Independence Day Labor Day Veterans Day Thanksgiving Darr Friday following Thanksgiving Friday before.Christmas Christmas Day Monday, January 3, 1977 Friday, April S, 1977 Monday, May 30,'1977 Friday, July 1, 1977 Monday, Jule 4, 1977 Monday, September 5, 1977 Friday, November 11, 1977 Thursday, November 24, 1977 Friday, November 25, 1977 Friday, December 23, 1977 Monday, December 26, 1977 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 11:10 a.m. ATTEST: Patricia DeC ercq, Clerk 1