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HomeMy WebLinkAbout08/08/77 Board of Public Works MinutesZ90 REGULAR MEETING AUGUST 8, 1977 A regular meeting of the Board of Public Works was convened at 9:30 a.m. on Monday, August 8, 1977 by President Patrick M. McMahon, with Mr. McMahon, Mr. Brunner and Mr. Mullen present. Deputy City Attorney Terry A. Crone was also present. MINUTES OF PREVIOUS MEETING APPROVED Mr. McMahon reported that the minutes of the August 1, 1977 meeting had been reviewed and he made a motion that they be accented as submitted. Mr. Mullen seconded the motion and it carried PUBLIC HEARING - REVENUE SHARING APPROPRIATION - POLICE DEPARTMENT This was the date set for a public hearing on an ORDINANCE APPRO- PRIATING $8,000 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING GRANT, FOR VARIOUS ADMINISTRATIVE PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF ADMINISTRATION AND FINANCE. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri-County News which were found to be sufficient. Mr. McMahon noted that the appropriation ordinance has been filed with the Common Council and the appropriation is for medical, surgical and dental expenses for the Police Department. In accordance with the guidelines formulated for such appropriations, information about this public hearing has been forwarded to the following senior citizen groups, with the request that the information be posted and made available to the members: Foster Grandparents, Hansel Neighborhood Service Centers, Howard Park Senior Citizens' Center, R.E.A.L. Services, Retired Senior Volunteer Program and Senior Citizens' Groups of LaSalle Park. There were no citizens present who wished to speak on the matter and no.wr.itten remonstrances were filed with the Board. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the information was filed and will be transmitted to the Common Council with the minutes of this meeting. PUBLIC HEARING - REVENUE SHARING APPROPRIATION - LEGAL DEPARTMENT This was the date set for a public hearing on an ORDINANCE APPRO- PRIATING $7,500 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING GRANT, FOR VARIOUS ADTZINISTRA- TIVE PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND, THROUGH ITS DEPARTMENT OF ADMINISTRATION AND FINANCE. 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 appropriation ordinance has been filed with the Common Council. Mr. Mullen advised the Board that this appropriation is for remodeling of the fourteenth floor Legal Department offices to relieve overcrowded conditions. In accordance with the guidelines formulated for such appropriations, information about this public hearing has been forwarded to the following senior citizen groups, with the request that the information be hosted and made available to the members: Foster Grandparents, Hansel Neighborhood Service Centers, Howard Park Senior Citizens' Center, R.E.A.L. Services, Retired Senior Volunteer Program and Senior Citizens' Group of LaSalle Park. There were no citizens present who wished to speak on the matter and no written comments were filed with the Board. Upon motion made by PZr. Mcl4ahon, seconded by Mr. Brunner and carried, the information was filed and will be transmitted to the Common Council with the minutes of this meeting. REGULAR MEETING AUGUST 8, 1977 ADOPTION OF IMPROVEMENT RESOLUTION NO. 3447 AND FILING OF ESTIMATE, PLANS AND ASSESSMENT ROLL- PROSPECT STREET SEWERS Mr. McMahon reported that, in response to a petition from residents, the Board had requested a preliminary review of the request for sanitary sewers on Prospect Street, from Calvert Street to Delaware Street. David A. Wells, Manager of the Bureau of Design and,Administration, submitted to the Board the improvement resolution for the project, along with an engineer's estimate, preliminary plans and a preliminary assessment roll. Total estimated cost of the project is $15,333.12. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the documents were filed and the following Improvement Resolution was adopted: IMPROVEMENT RESOLUTION NO. 3447, 1977 BE IT RESOLVED by the Board of Public Works of the City of South Bend, Indiana, that it is deemed necessary to improve Prospect Street, from Calvert Street to Delaware Street, all in the Homeland 3rd Addition by constructing a 10' diameter V.C.P. Sanitary Sewer. The same to be done in accordance with the profiles, drawings, general details and specifications for such improvements approved and to be adopted by the Board of Public Works of the City of South Bend, Indiana, immediately upon the final adoption and confirmation of this Resolution, and placed on file in the Office of the Board of Public Works of said City, and such improvement is now ordered. The total cost of said improvement, including all incidental costs, such as advertising and engineering, shall be assessed upon the real estate abutting on said Prospect Street Sanitary Sewer, in accordance with applicable statutes. The said improvement is to be financed and paid for as provided in Chapter 40, of the Acts of 1953, as amended (1971 I.C. 18-6-3). Assessments, if deferred, are to be paid in five (5) equal installments, with interest at the rate of six (6) per cent per annum. The 22nd day of August, 1977 at the hour of 9:30 A.M. o'clock, Local Time, is hereby fixed as the time and the Board of Works Hearing Room, 1308 County -City Building as the place when and where all persons whose property may be affected by such proposed improvement may be heard as to the necessity for the same, and all petitions and remonstrances received. The Board will, on said day, decide whether the benefits accruing to abutting and adjacent property, and to the City of South Bend, Indiana, will be equal to or exceed the estimated cost of said improvement. The Clerk of the Board is hereby ordered to give notice by two weekly publications of the time and place of hearing of this resolution. Adopted August 8, 1977. BOARD OF PUBLIC WORKS s/ Patrick M. McMahon, P. E. s/ Thomas J. Brunner, Jr. s/ Peter H. Mullen Notice of Hearing Published on August 12 and August 19, 1977. s/ Patricia DeClercq, Clerk of the Board 9 REGULAR MEETING d AUGUST 8, 1977 ADOPTION OF IMPROVEMENT RESOLUTION NO .3448 AND FILING OF PRELIMINARY ESTIMATE, PLANS AND ASSESSMENT 'ROLL PAVING OF ALLEY Mr. McMahon reported that, in response to a petition of property owners, the Board had requested a preliminary review of a project to pave the north -south alley between Parkview Place and Riverside Drive, from Woodlawn to Oakwood, under Barrett Law. David A. Wells, Manager of the Bureau of Design and Administration, submitted to the Board an Improvement Resolution and the preliminary estimate, plans and assessment roll for the project. Total estimated cost of the project is $30,000. Upon motion made by Mr. 11cMahon, seconded by Mr. Brunner and carried, the documents were filed and the following resolution was adopted by the Board: IMPROVEMENT RESOLUTION NO. 3448, 1977 BE IT RESOLVED by the Board of Public Works of the City of South Bend, Indiana, that it is deemed necessary to improve the north - south alley between Parkview Place and Riverside Drive, from Woodlawn to Oakwood, by constructing a ten feet wide inverted crown six inch thick Portland Cement concrete pavement. The same to be done in accordance with the profiles, drawings, general details and specifications for such improvements approved and to be adopted by the Board of Public Works of the City of South Bend, Indiana, immediately upon the final adoption and confirmation of this Resolution, and placed on file in the Office of the Board of Public Works of said City, and such improvement is now ordered. The total cost of said improvement, including all incidental costs, such as advertising and engineering, shall be assessed upon the real estate abutting on said alley concrete pavement in accordance with applicable statutes. The said improvement is to be financed and paid for as provided in Chapter 40, of the Acts of 1953, as amended (1971 I.C. 18-6-3). Assessments, if deferred, are to be paid in five (5) equal installments, with interest at the rate of six (6) per cent per annum. The 29th day of August, 1977 at the hour of 9:30 a.m., Local Time, is hereby fixed as the time and the Board of Public Works Hearing Room, 1308 County -City Building as the place when and where all persons whose property may be affected by such proposed improvement may be heard as to the necessity for the same, and all petitions and remonstrances received. The Board will, on said day, decide whether the benefits accruing to abutting and adjacent property, and to the City of South Bend, Indiana, will be equal to or exceed the estimated cost of said improvement. The Clerk of the Board is hereby ordered to give notice by two weekly publications of the time and place of hearing of this resolution. Adopted August 8, 1977. BOARD OF PUBLIC WORKS s/ Patrick M. McMahon, P. E. s/ Thomas J. Brunner, Jr. s/ Peter H. Mullen Notice of Hearing published on August 12, 1977 and August 19, 1977 s/ Patricia DeClercq, Clerk of the Board REGULAR MEETING AUGUST 8, 1977 BID ACCEPTED - COLOR PHOTO LAB FOR POLICE DEPARTMENT Chief Michael Borkowski submitted a report to the Board on the review of bids received for Color Photo Lab Equipment for the Police Department. The Chief recommended acceptance of the low bid of Photo -Pro, Division Mcion, Inc., with the deletion from the bid of One Kreonite Table at $214.00 and One Kreonite Porta Mixer at $290.00. These deletions decrease the bid by $504.00, making the total recommended award $15,376.09. Division Chief Glenn Terry was present amd advised the Board that the bid received was slightly higher than the Criminal Justice grant for the project so it was necessary to make deletions. He also noted that the other bid received from Schilling's did not include all the items listed in the specifications and was, therefore, not considered. Mr. Brunner asked Chief Terry if the bid received from Schilling's was non -responsive to the bid request and Chief Terry said that it was. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board accepted the recommendation to award the bid for color photo lab equipment to Photo -Pro, Division McJon, Inc., with the two deletions as noted in the recommendation, at a total bid price of $15,376.09, and rejected the bid of Schilling's as being non -responsive to the specifications. BID AWARDED AND CONTRACT SIGNED - RIVERSIDE DRIVE RECONSTRUCTION John Leszczynski, Manager of the Bureau of Public Construction submitted to the Board a report of the review of bids received for R & S 92, the Reconstruction of Riverside Drive near Northview and his recommendation that the low bid of McIntyre and Jones Construction Company, Inc. be accepted utilizing Alternate "A" Hydromulch instead of sod. This results in a revised bid price of $61,290.17. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board accepted the recommendation and awarded the bid as specified in the recommendation. Contract documents and the performance bond and labor and materials payment bonds were also submitted to the Board. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the contract was signed and the bonds filed. REOUES'T FOR EXTENSION OF TEMPORARY OFFICE AT 307 W. CALVERT APPROVED Mr. McMahon reported that the Board has been dealing with the matter of a temporary office located at 307 W. Calvert Street for some time. The original request for a temporary office was granted in October, 1975 and one extension was granted. In May of 1977, the Board requested an update from owner of the property, A. E. Mickelson, since no permanent structure had been constructed. Mr. Michelson did not respond to that request. A Cease and Desist Order was issued by Building Commissioner John DeLee. The Board has now received a letter from Carl Leibowitz, Attorney for Mr. Mickelson, requesting a sixty-day continuance and advising that Mr. Mickelson has received quotations for construction of the office. Mr. Leibowitz pointed out that additional delay in the matter was caused in negotiating with the railroad for real estate involved. Mr. McMahon reviewed the quotations submitted with Mr. Leibowitz' letter and said it should be noted that the proposal was not signed by Mr. Mickelson and the time period for acceptance of the proposal has expired. Mr. Brunner said he would suggest that the Board give Mr. Mickelson an additional thirty days, based on his representation that construction will begin. If it does not begin within thirty days, the Board can direct that the cease and desist order be enforced. Mr. Mullen said he would prefer any continuance to be based upon completion of the building and asked Mr. McMahon if the construction could be completed in thirty days. Mr. McMahon said the type of building being considered could be very nearly complete within thirty days. Upon motion made by Mr. Brunner, seconded by Mr. McMahon and carried, the Board granted Mr. Mickelson a thirty -day continuance for the temporary office at 307 W. Calvert Street, with the understanding that construction of the permanent building would be completed within that thirty -day period. REGULAR MEETING AUGUST B, 1977 REQUEST TO REMOVE PARKING METERS.TABLED. The Board received a request from Stephen Mitchell, owner of Cinnabar's Discotheque,.t.o remove_. two parking meters at 109 Woodward Court, the location of the discotheque,_._ and to paint the curb yellow to provide a loading zone. Mr. McMahon indicated he had discussed this matter with Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting. He said it should be noted that the curb is yellow along the length of Woodward Court on the opposite side for the express purpose of providing a loading zone. Mr. Brunner.suggested that Mr. Mitchell might want this space for a passenger loading zone. Mr. McMahon said there are other business places located on the court and said this policy is consistent on all courts in the downtown area. It was felt that the Board should request additional information before acting on the request. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the request was tabled and the Board requested that Mr. Wadzinski contact Mr. Mitchell to obtain additional information regarding the request. STATE ACCEPTANCE OF PROJECT M6000(16) NOTED G. K. Hallock, Chief Highway Engineer, Indiana State Highway Commission, advised the Board that the Commission has accepted the construction of Project M6000(16), sixteen intersections in South Bend, and has released the contractor from further maintenance responsibility as of May 30, 1977. The improvements now revert to the City of South Bend for maintenance. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the notice was ordered filed. REOUEST TO PURCHASE 712 N. HILL STREET RECEIVED Foster and Dorothy Thomas requested information from the Board regarding the possible purchase of a city -owned lot at 712 N. Hill Street. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the request was filed and referred to the Department of Parks, Redevelopment and Engineering for review and a determination as to whether the lot should be retained for any purpose. REQUEST TO ADVERTISE FOR BIDS FOR VARIOUS ITEMS - CENTURY CENTER On behalf of the Civic Center Board of -Managers, Patrick M. McMahon requested permission to advertise for bids for various items for Century Center. Architect's plans have been received for wall partitions, lockers and benches, stage and dance floor,.folding tables and stacking tables. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, permission to advertise for bids was approved. RIVER BEND PLAZA REQUESTS APPROVED Mary Kay Huszar, Director of River Bend Plaza, submitted to the Board the following applications, along with her favorable recommendation: A. Talent Contest sponsored by Gibson Modeling.Agency on Thursday, August 25, 1977. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the application was approved. B. Wedding Ceremony to be performed by Judge Montgomery on the Plaza on Saturday, August 13. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the request was approved. C. Day of Magic on the Plaza on Saturday, August 20. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the application was approved. REGULAR MEETING AUGUST 8. 1977 1 BUREAU OF TRAFFIC AND LIGHTING VEHICLE BIDS REJECTED Patrick M. McMahon, Director of Public Works, advised the Board that bids received for trucks for the Bureau of Traffic and Lighting had been reviewed and those bids were non -responsive to the specifications. He said he was recommending that the bids be rejected and no new bids sought at this time. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board rejected the bids received for trucks for the Bureau of Traffic and Lighting. BLOCK PARTY APPROVED - PARKVIEW PLACE Ralph J. Wadzinski, Manager of the Bureau.of Traffic and Lighting, advised the Board that he reviewed the request.of Mrs. Gary Veatch to block the 2200 block Parkview Place on Saturday, August 13 from 4:00 p.m. to midnight for a block party. He recommends approval of the closing and the Police Department Traffic Detail concurs. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the block party was approved. CLOSING OF ASSUMPTION DRIVE ON AUGUST 14 Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, advised the Board that he had reviewed the request of St. Mary of the Assumption Church to block a portion of Assumption Drive on Sunday, August 14 for their parish festival. Mr. Wadzinski reported that the closing would cause no problems and that, as in previous years, he recommended that only the circular portion of Assumption Drive be closed. He further recommended that no parking be allowed which would block Assumption Drive in the open area and that access be allowed from Locust Road to the buildings by emergency vehicles. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the recommendation was approved. FILING OF PROPOSED GUIDELINES FOR FUND SOLICITATIONS AT INTERSECTIONS The Board had requested that guidelines be drafted for fund solicitations at intersections in South Bend. Proposed guidelines were submitted by Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board filed the guidelines and tabled them for review and revision by the Board before final adoption. RECOMMENDATION ON MUSCULAR DYSTROPHY SOLICITATION TABLED A request to solicit funds for the Muscular Dystrophy Association at the intersections of Ireland and Miami and Ireland and U. S. 31 was reviewed by the Bureau of Traffic and Lighting. Mr. Wadzinski reported to the Board that both intersections are multi -lane approach with free right hand turn movements and left turn phases. He noted that previous Board approval has been restricted to the sidewalk area only and neither of these intersections have sidewalks. He recommended that the request for these intersections be denied and that the organization submit alternate locations for consideration or contact local shopping centers in the area to request permission to conduct the activity at those locations. Mr. Mullen suggested that this recommendation be studied before action is taken. Mr. Brunner said the Board might meet with Mr. Wadzinski to discuss this matter and determine whether approval of either of the intersections in this request can be considered. Mr. McMahon made a motion that the recommendation be tabled for further discussion with Mr. Wadzinski. Mr. Brunner seconded the motion and it carried. �9 REGULAR 14EETING AUGUST 8, 1977 REPORT OF CLEAN-UP CREW FOR JULY FILED The report of the Street Department Environmental Crew for the month of July was submitted to the Board. The report indicated that eight complaints were investigated and clean-up completed and 165 loads were taken to the dump by the summer clean-up crew. Mr. McMahon noted that the number of complaints received has been considerably reduced with the operation of the summer crew. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the report was ordered filed. APPROVAL OF CLAIMS Michael L. Vance, City Auditor, submitted t Numbers 13475 through 13935 and recommended motion made by Mr. McMahon, seconded by Mr. Board approved the claims and directed that issued. STREET LIGHT OUTAGE REPORT FILED o the Board Claim Docket their approval. Upon Mullen and carried, the checks for payment be The Street Light Outage Report for the period of August 1 through 5 was received. The report indicated forty-six outages. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the report was ordered filed. COUNTER-OFFER FOR PURCHASE OF 1310 FASSNACHT DENIED Following completion of all procedures required by ordinance for the sale of city -owned property, a purchase agreement was submitted to Mr. & Mrs. Robert Niezgodski for the purchase of the lot at 1310 Fassnacht at a total price of $650.00. Mr. Niezgodski requested that the Board reduce that price by $250.00 because of extensive sidewalk repair which will be required. He noted that the sidewalk is in deplorable condition and some sections are raised six to eight inches. Following a discussion of the request, Mr. Brunner stated that he did not favor the reduction in the appraised price of the lot and he made a motion that the Board deny the request. Mr. Mullen seconded the motion and it carried. There being no further business to come before the Board, upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the meeting adjourned at 10:00 a.m. Peter H. Mullen ATTEST: Patricia DeClercq, Clerk 11