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HomeMy WebLinkAbout06/27/77 Board of Public Works MinutesREGULAR MEETING JUNE 27, 1977 A regular meeting of the Board of Public Works was convened at 9:30 a.m. on Monday, June 27, 1977 by President Patrick McMahon, with Mr. McMahon, Mr. Brunner and Mr. Mullen present. Deputy City Attorney Terry A. Crone was also present. MINUTES OF PREVIOUS MEETINGS APPROVED Mr. McMahon reported that he had reviewed the minutes of the June 20 meeting of the Board and he made a motion that the minutes be approved as submitted. Mr -Mullen seconded the motion and it carried. Mr.. McMahon noted that the Board held a special meeting on June 21, 1977 to act on requests for a Sidewalk Sale, Street Services and a Fireworks. Stand and these, minutes have also been reviewed. He made a motion that the minutes of the special meeting be approved. Mr. Mullen seconded the motion and it carried. MASSAGE ESTABLISHMENT LICENSE APPROVED CONDITIONALLY This was the date set for holding a public hearing on an application to operate a massage establishment at 914 N. Olive. James�McCay submitted a properly executed application to operate the establishment at Dave's Gym. The Building Department and the Police Department reviewed the application, in accordance with the ordinance and recommended approval. The Fire Department made an inspection of the building and recommended the ina.tallat on of illuminated exit lights at front and rear exit doors, more fire extinguishers and removal of a pop maczine from an exit door at the west exit. The reports were filed. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the application was approved, subject to compliance with the requirements of the Fire Inspection Bureau. Mr. McCay's application for a license as a Massage Technician was referred to the City Controller for processing. PUBLIC HEARING ON ASSESSMENT ROLL -VACATION RESOLUTION NO. 3441 This being the date set hearing was held on the Assessment Roll for Vacation Resolution No. 3441 for the vacation of the east -west alley between South Street and Bronson Street from the east right- of-way line of Michigan Street east to the west right-of-way line of the north -south alley; also fr..om the east right-of-way line of the north -south alley east to the west right-of-way line of St. Joseph Street. 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 remon- strances were filed. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Assessment Roll 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. LETTER FROM MICHIANA INDEPENDENT AUTOMOBILE DEALERS FILED The Board received a letter from the Michiana Independent Automobile Dealers Association, signed by John Magrames, President, express- ing their concern about the leasing of the Colfax Parking Garage by Sunday Auto Mart. The Association noted that it is their opinion that the law in the State of Indiana prohibits the sale of a motor vehicle on Sunday. They q_ues tioned itfie matter of liability from accident or injury -the fact that an individual might become involved in expensive repairs, reinspection.costs or small claims court action if an individual attempted to back out of a deal. The Association requested that the Board rescind their action permitting use of the parking garage for this activity. Mr. McMahon noted that the Legal Department had reviewed the contract with Sunday Auto Tart. Deputy City Attorney Terry Crone reported that Indiana state law prohibits a dealer from selling autos on Sunday. Sunday Auto Mart does not meet the statutory definition of a dealer and would not be in violation of the statute. Mr. Hedman and Mr. Woodruff of Sunday Auto Mart were REGULAR MEETING JUNE 27. 1977 present and read a statement indicating that they hope to have an amicable relationship with auto dealers in South Bend. They pointed out that their efforts were to create interest in used vehicles and to bring people with vehicles to sell in contact with buyers. It was indicated that they feel the Indiana statute applies to retail dealers, not private individuals. The interpretation that it applies to private individuals could prohibit anyone from selling their vehicle on Sunday. Mr. John Magrames was present and said it was the independent dealers' opinion that Sunday Auto Mart, by representing those who are trying to sell automobiles, was acting as a dealer. They are making a profit out of selling cars. He said the independent dealers have not had an opportunity to contact their attorney but will seek legal advice and try to get an injunction. He asked about the liability risk. Mr. Hedman noted that Sunday Auto Mart has provided a Certificate of Insurance in the amount of $1,OOO,OOO combined single limit, with the City of South Bend named as an additional insured on the certificate. Mr. Brunner asked about the success of last Sunday's operation. Mr. Woodruff said approximately five hundred people came to the garage and there were thirty-one spaces rented to individuals wishing to sell their vehicles. All arrangements for a sale are made by the individuals concerned. No other service is offered by Sunday Auto Mart, with the exception of Notary Public services, on which they realize no profit. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the letter was ordered filed. REPORT FROM AREA PLAN COMMISSION - MEMORIAL HOSPITAL PETITION The Board received a report from the Area Plan Commission indicating that a public hearing was held on the petition of Memorial Hospital to vacate four alleys, for the expansion of their parking facilities. The Plan Commission recommended the petition favorably to the Board, with the suggestion that property be dedicated to allow for a turning radius on the east side of the remaining north -south alley. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the recommendation was filed and the petition was referred to the Department of Engineering for preparation of the Vacation Resolution. REPORT ON PETITION OF SCHAFER GEAR WORKS TO VACATE ALLEYS The Area Plan Commission reported to the Board that they had held a public hearing on the petition of the Schafer Gear Works to vacate three alleys. The petition was amended at the Area Plan Commission hearing to delete the north -south alley from Tutt Street to the lot line of Lot 8 of Wadham's Addition. The Area Plan Commission recommended the petition, as amended, favorably to the Board subject to the providing of an access gate for Fire Department ingress. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the recommendation was filed and the petition, as amended, referred to the Division of Engineering for preparation of the Vacation Resolution. CONDITIONAL CONTRACT WITH JOSEPH WETZEL ASSOCIATES APPROVED PHASE I -DISCOVERY HALL MUSEUM Deputy City Attorney Terry A. Crone prepared a conditional contract with Joseph Wetzel Associates for work on Phase I of the Design of Discovery Hall Museum in an amount not to exceed $5,0.00 until final approval of the funding. Mr. Mullen noted that the appropriation ordinance is scheduled for public hearing before the Common Council tonight for revenue sharing funds, but approval from the State Board of Accounts is still required. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the contract was approved. REGULAR MEETING JUNE 27, 1977 CONTRACT WITH HI -SPEED AUTO WASH APPROVED A contract with Hi -Speed Auto Wash to provide car washes for city vehicles from June 1, 1977 through May 31, 1978 was prepared by Deputy City Attorney Terry A. Crone, in compliance with the bid accepted by the Board on June 6, 1977. The contract was signed by Sam Cossman, President of Hi -Speed Auto Wash and is now submitted to the Board. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the�Board approved the contract. REQUEST FOR FOUR WAY STOP AT CARLISLE AND HURON FILED Councilman Walter Kopczynski requested the installation of a four- way stop at Carlisle and Huron Street. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the request was filed and referred to the Bureau of Traffic and Lighting for review and recommendation. REQUEST TO REMOVE PARKING FROM VICTORY AVENUE FILED The Board received a request from Councilman Roger Parent that parking be removed from the east side of the 1000, 1100 and 1200 blocks of Victory Avenue, from 10:00 a.m. to 8:00 p.m. A petition signed by residents of the area is to be submitted to the Board at a later date. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board filed the request and referred it to the Bureau of Traffic and Lighting for review and recommendation. APPROVAL OF ORDER FOR PRELIMINARY PLANS FOR PAVING OF ALLEY BETWEEN RIVERSIDE DRIVE AND PARKVIEW PLACE The Department of Engineering reviewed the petition of residents requesting that the alley between Riverside Drive and Parkview Place, from Oakwood to Woodlawn be paved, and submitted a request for an order for preliminary plans. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board directed the City Engineer to prepare preliminary plans, estimates and the preliminary improvement resolution for the paving of the alley. REQUESTS FOR STREET LIGHTS FILED The Board received a request from Naomi Dworecki for installation of a street light in the 1500 block Chapin Street and from a number of residents for the installation of a street light on Crosby Street, between Eisenhower and Benedict. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the requests were filed and referred to the Bureau of Traffic and Lighting for a field investiga- tion and recommendation. REQUEST TO PURCHASE CITY -OWNED LOT FILED Mrs. Eugene Zamiatowski requested information from the Board regarding the possible purchase of a lot at 729 W. Jefferson. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board referred the request to the Department of Engineering, Redevelopment and Parks or review and a determination as to whether the lot should be retained for any purpose. BLOCK PARTY APPROVED The Board received a request from R. H. Metzcus to block the 1400 block E. LaSalle for a block party on Sunday, July 3.from noon until 10:00 p.m. Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, reviewed the request with the Police Department Traffic Detail and recommended approval. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the block party was approved. 0 OA q14, REGULAR MEETING JUNE 27, 1977 ASSESSMENT ROLL FILED - VACATION RESOLUTION NO. 3442, 1977 Patrick M. McMahon, Civil City Engineer, files an Assessment Roll for Vacation Resolution No. 3442, 1977 for the vacation of Kaley Street from the south right-of-way line of Kenwood Avenue to the north right-of-way line of Linden Avenue, a distance of 270 feet; also, the east -west alley between Kenwood Avenue and Linden Avenue, running east from the east right-of-way line of Kaley Street to the west right-of-way line of the north -south alley between Kaley Street and Meade Street, a distance of 130 feet, all in Kaley's 1st Subdivision. The following property may be injuriously or beneficially affected by such vacation: Lot numbers 30 through 36 and 69 through 75 in Kaley's 1st Subdivision. The Board finds that each of said lots have been damaged in the amount of $0.00 and benefited in the amount of $0.00. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board filed the Assessment Roll and set July 18, 1977 at 9:30 a.m. in Room 1308 County -City Building, as tle.time and place for a public hearing on the Assessment Roll. 1 1 REGULAR MEETING JUNE 27, 1977 REQUEST FOR EXTENSION OF TEMPORARY OFFICE DENIED The Board had approved a temporary office for Recycling Services at 307 W. Calvert Street while arrangements were made for a permanent structure. At the request of the owner, A. G. Mickelson, the temporary office was extended for an additional six month period, with the extension to expire in February, 1977. An inspection of the property indicated that the temporary office was still in use and a letter was sent to Mr. Mickelson on May 5, 1977 asking about the status of this office and requesting information about the permanent structure. No reply was received. On June 17, 1977, a "Cease and Desist" order was issued by Building Commissioner John DeLee advising Mr. Mickelson that use of the temporary office must be ended and the office removed within ten days. On June 21, 1977, the Board received a letter from Mr. Mickelson advising that he was requesting bids for office facilities and asking for an extension. The Board noted the length of time the temporary office has been in use and the fact that Mr. Mickelson did not respond to requests for information. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Board denied the request for an extension of time and Mr. DeLee is to be advised to proceed with appropriate action in conjunction with the order issued by his Department on June 17, 1977. ADOPTION OF RESOLUTION NO. 12 - CURB CUT COMMITTEE Mr. McMahon noted that a resolution establishing a Curb Cut Committee for South Bend and St. Joseph County was submitted to the Board on June 20 but action was tabled to allow consultation with John DeLee, Building Commissioner, to determine if he wished to serve on the committee. A new resolution has now been submitted naming Mr. DeLee as a member. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the following resolution was adopted: RESOLUTION NO. 12, 1977 WHEREAS, the Board of Public Works for South Bend and the Board of County Commissioners of St. Joseph County have found it necessary and in the best interest of the public and safety to control the location and design of curb cuts on state highways as well as major roadways; and WHEREAS, the State of Indiana has urged the formation of local committees to review these projects; and WHEREAS, the major roadways have been identified in the Land Use and Transportation Plan by the St.Joseph County Area Plan Commission; NOW, THEREFORE, BE IT RESOLVED that the Board of Public Works of the City of South Bend and the Board of .Commissioners of St. Joseph County do hereby establish the Curb Cut Committee of South Bend and St. Joseph County. This Committee shall consist of a representative of the South Bend City Engineer,•South Bend City Building Commissioner, St. Joseph County Engineer, Area Plan Commission Executive Director; and the Indiana State Highway District Office. This Committee will be empowered to set standards for curb cuts within their jurisdiction and review all applications for such curb cuts and make recommendations on these applications to the proper granting agency. PASSED AND ADOPTED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND THIS 27TH DAY OF JUNE, 1977.. BOARD OF PUBLIC WORKS S/ Patrick M. McMahon S/ Thomas J. Brunner, Jr. ATTEST: S/ Peter H. Mullen Patricia DeClercq, Clerk REGULAR MEETING JUNE 27. 1977 TRAFFIC CONTROL DEVICES APPROVED,; Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, recommended the following traffic control devices: A. Install Stop Sign, on Ostemo at Marquette.' Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the installation was approved. B. Remove 15 minute parking at 921 Louise Street. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the recommendation was approved. C. Revise Stop Sign to Temporary 4-Way Stop at Johnson.and,Hamilton. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the recommendation was approved. D. Remove One Hour Parking, 6 AM to 6PM at 631 Lincolnway East. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the recommendation was approved. STREET SERVICES APPROVED Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, reported to the Board that he had reviewed the request of Minister Benman to conduct street services at Keasey and Rush Streets on Wednesdays, from 6:00 pm to 8:00 pm and on Saturdays, from 2:00 pm to 5:00 pm, through the month of September. Mr. Wadzinski, in concurrence with the Police Department Traffic Detail, recommended approval with the stipulation that there be no obstruction to pedestrian or vehicular traffic in the area as a result of the services. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the recommendation was accepted. AMERICAN DIABETES BIKE-A-THON APPROVED Ralph J. Wadzinski, Manager of theSureau of Traffic and Lighting, reported to the Board that he had reviewed the request of the American Diabetes Association to hold their annual Bike-A-Thon on October 2, 1977. The route has been reviewed and is acceptable, with the stipulation that the City of.Mishawaka and St. Joseph County be contacted regarding portions of the route which go through those areas. Mr. Wadzinski further recommended that the Association contact Captain Sweitzer and the Civil Defense Police regarding coordination of manpower for the event. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Bike-A-Thon was approved, subject to the conditions in the recommendation and to the filing of the necessary Certificate of Insurance. AMERICAN HEART ASSOCIATION CYCLETHON APPROVED 21 Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, reported to the Board that the request of theAmerican Heart Association to hold a Cyclethon on September 24 had been reviewed with the Police Department Traffic Detail. The route is acceptable and approval is recommended. The organization is to be advised to contact Captain Sweitzer and the Civil Defense Poliee regarding coordination of manpower for the event. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Cyclethon was approved, subject to the conditions of the recommendation and to the filing of the necessary Certificate of Insurance. REPORT FILED - REMOVAL OF OBSTRUCTION AT PLEASANT AND 315T Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, reported that a field investigation revealed there was an obstruction to vision from tree limbs at Pleasant and 31st Street as reported to the Board by William Kelly. It was not possible to contact the REGULAR MEETING JUNE 27, 1977 owners so a work order was issued and.the obstruction removed. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the report was ordered filed and a copy transmitted to William Kelly. CHANGE ORDER APPROVED - CENTURY CENTER Patrick M. McMahon, Director of Public Works, submitted to the Board a Change Order in Century Center Contract No. 028, with A. Hartke & Sons, Inc. for painting. The Change Order reflected an increase of $561.00 to perform additional work on the theatre lighting grid recently added to the building by change order. Upon motion made by Mr. McMahon seconded by Mr. Brunner and carried, the change order was approved. CLAIMS APPROVED Walter F. Lantz, Deputy City Controller, and Michael L. Vance, City Auditor, submitted to the Board Claim Docket Numbers 10190 through 10784 and recommended approval. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the claims were approved and checks for payment were directed to be issued. RIVER BEND PLAZA APPLICATIONS APPROVED Mary Kay Huszar, Director, River Bend Plaza, submitted to the Board the following applications with her favorable recommendation: A. Tom Farkas, Cotton Candy Booth for the Ethnic Festival. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the application was approved, subject to filing of insurance and licensing. B. Mary E. Wood - Display Booth, Ethnic Festival. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the application was approved. C. Sidewalk Sales by the following merchants: Dainty Maid, Lerner Shop, Newmans, Osco Drug, J. C. Penney, Robertson's, Sonneborn's and Hall of Cards. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the applications were approved, subject to the necessary insurance and licensing. D. Ferris Wheel on Osco Block during Ethnic Festival, sponsored by the Downtown South Bend Council. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the application was approved, subject to filing of liability insurance. E. Midwest Karate Display on July 12. Upon motion made by Mr. McMahon, seconded by Mr. ,'Mullen_ and carried. the application was approved. F. South Bend Chess Club display on July 9. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the application was approved. G. Watermelon Eating Contest sponsored by Footprints, Inc. The organization would charge a $2-.-00 fee to enter the contest and provide a $50.00 cash prize. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the application was approved. CHANGE OF DATE OF JULY 4 MEETING Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the regular meeting of the Board, scheduled for July 4, 1977, was changed to Tuesday,. July 5, 1977 at 9:30 a.m. REGULAR MEETING JUNE 27, 1977 STREET LIGHT OUTAGE REPORT FILED The Street Light Outage Report for the period of June 20 through 24 was received. The report indicated 58 outages. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the report was ordered filed. SOLID WASTE SCHEDULE Joseph Klebosits, Manager, Bureau of Solid Waste, announced that regular trash pick-up would be made on Friday, July 1 and Monday, July 4, which are City holidays. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the announcement was filed. LEASE APPROVED - SURFACE PARKING LOT AT 112 S. MICHIGAN A Lease between the Department of Redevelopment and the City of South Bend for use of a lot at 112 S. Michigan by the City for a surface parking lot was submitted to the Board. The lease was prepared by Deputy City Attorney Terry A. Crone. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Board approved the lease agreement and directed that Joseph Paszli, Manager of the Parking Garages, be directed to accept monthly parkers on this lot after the Ethnic Festival. FIREWORKS STANDS APPROVED Vince Keszei and Frank Perri submitted applications for Open Air Stands for .the sale of fireworks at Miami and Ireland Road and Miami and U. S. 31. Permission of the private property owners was attached to each application. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Board approved the stand applications, subject to securing the necessary city licenses and compliance with the South Bend Fire Department and State Fire Marshal's requirements. ANNOUNCEMENT OF FREE PARKING IN GARAGES FOR ETHNIC FESTIVAL It was announced that parking would be free in both Parking Garages during the Ethnic Festival, with the exception of the evening of Monday, July 4 when a flat rate of 75(,% per car will be charged from 6:00 p.m. until closing, for the fireworks display. There being no further business to come before the Board, upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the meeting adjourned at 10:30 a.m. ATTEST: Patricia DeClercq, Clerk 11