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HomeMy WebLinkAbout08/22/77 Board of Public Works Minutes0 REGULAR MEETING AUGUST 22, 1977 A regular meeting of the Board of Public Works was convened at 9:30 a.m. on Monday, August 22, 1977 by President Patrick M. McMahon, with Per. 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 he had reviewed the minutes of the August 15 meeting and he made a motion that the minutes be approved as submitted. Mr. Brunner seconded the motion and it carried. OPENING OF BIDS - WESTERN AVENUE OFF-STREET PARKING PROJECT This was the date set for receiving bids for the Western Avenue Off -Street Parking Project. 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: Walsh & Kelly, Inc. South Bend, Indiana Bid - $42,327.15 Rieth-Riley Construction Co. South Bend, Indiana Bid - $48,131.00 O'Neal Trucking Company South Bend, Indiana Bid - $53,824.22 Bid was signed by Thomas 0. Walsh, non -collusion affidavit was in order and a 5% bid bond was submitted. Bid was signed by Richard R. Ruhlman, non -collusion affidavit was in order and a 5% bid bond was submitted. Bid was signed by Julius O'Neal, Jr., non -collusion affidavit was in order and a 5% bid bond was submitted. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried the bids were referred to the Bureau of Public Construction for review and recommendation. VACATION RESOLUTION NO. 3445 CONFIRMED This being the date set, hearing was held on Vacation Resolution No. 3445 for the vacation of a portion of Colfax Street from the west right-of-way line of the north -south alley west of Adams Street, a distance of 100.25 feet and also the north -south alley between College Street and Adams Street from the north right-of-way line of Liston Street, north to the south right-of-way line of Orange Street, a distance of 395.37 feet. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri-County News which were found to be sufficient. Attorney Melvin Reed was present on behalf of the petitioners, St. John's Missionary Baptist Church. Mr. Reed said the church is petitioning for the vacation for expansion of their church. Mrs. Louvenia C. Cain was present and asked that the Board give favorable consideration to the petition. Mr. McMahon noted that the Area Plan Commission conducted a public hearing on the petition and recommended it favorably to the Board. No remonstrators were present and no written remonstrances were filed with the Board. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Vacation Resolution was confirmed and referred to the Department of Engineering for preparation of the Assessment Roll. 0 REGULAR MEETING AUGUST 22, 1977 VACATION RESOLUTION NO. 3446 CONFIRMED This being the date set, hearing was held on Vacation Resolution No. 3446 for the vacation of a portion of Maplewood Street, beginning at the south right-of-way line of Progress Drive and the east right-of-way line of Maplewood Street, south 345 feet to the southwest corner of L®t 27 in Post Place Addition; thence west 50 feet; thence north 345 feet, thence east 50 feet to the place of beginning. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri-County News which were found to be sufficient. Attorney James Nafe was present on behalf of the petitioners, Stanz Realty Company. Mr. Nafe explained that the petitioners own the property abutting this alley. They are requesting the vacation for future expansion of the Stanz Cheese Company. The Company has been in the Industrial Park for six years, has.-. expanded once and anticipates there will be future expansion. Mr. Nafe said the petitioners have no objection to the vacation being subject to any existing utility easements. He said the alley is not adequately improved and not used and debris is now being dumped. There were no remonstrators present and no written remonstrances were filed with the Board. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board confirmed the Vacation Resolution and referred it to the Division of Engineering for preparation of the Assessment Roll. IMPROVEMENT RESOLUTION NO. 3447 CONFIRMED This being the date set, hearing was held on Improvement Resolution No. 3447 for the construction of local sanitary sewers on Prospect Street, from Calvert Street to Delaware Street, in Homeland 3rd Addition. Mr. McMahon noted that this is the public hearing on the improvement and all affected property owners were notified of this hearing. Mr. T. G. Lawson, 2006 Prospect Street, was present and said he represented the four property owners who signed the petition requesting the sewer construction and they are all in favor of the project. Mr. McMahon reviewed the preliminary assessment roll and reported that the assessment per lot was listed at $425.92. He noted that if the project is approved, the total project.cost will be determined by the bids received but the amount listed on the assessment roll is the maximum amount to be charged the property owners. There were no remonstrators present and no written remonstrances were filed with the Board. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board confirmed Improvement Resolution No. 3447 for the construction of local sanitary sewers on Prospect Street under Barrett Law and the improvement is ordered to be made. HEARING ON ASSESSMENT ROLL - VACATION RESOLUTION NO. 3443 This being the date set, hearing was held on the Assessment Roll with respect to Vacation Resolution No. 3443 for the vacation of the eastern half of the northerly east -west alley east of Lafayette Boulevard and southern half of the north -south alley east of Lafayette Boulevard, the northerly east -west alley east of Main Street, and the northern third of the north -south alley south of Bartlett Street, City of South Bend. 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. Upon motion made. by Mr. McMahon, seconded by Mr. Mullen 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. 305 REGULAR MEETING AUGUST 22, 1977 HEARING ON ASSESSMENT ROLL - VACATION.RESOLUTION NO. 3444 This being the date set, hearing was held on the Assessment Roll with respect to Vacation Resolution No. 3444 for the vacation of the north -south alley south of Tutt Street to the east -west alley directly south and including the aforesaid east -west alley from Main Street to the adjacent alley. 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 were present and no written remonstrances were filed with the Board. 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. CLEAN-UP OF COLE PROPERTY ON LINDEN ROAD (GERTRUDE STREET) ORDERED The Board received a memorandum from the Board of Public Safety outlining attempts made, since January, 1976, to get the property north of 58505 Linden Road (Gertrude Street), owned by Charles Cole cleaned. Mr. Cole did not respond to an order to clean the property and W. Gaylen Allsop, Attorney for the Board of Public Safety subsequently filed an injunction in Circuit Court. That matter has not been heard and trash and debris in the area is increasing. Mr. Allsop was present and advised the Board that he has been attempting to have this matter heard in court but Mr. Cole has not appeared when it is scheduled and the judge refuses to hear the matter without Mr. Cole. The problem of trash and litter continues to increase and the litter has now spread down the the road to the entrance to Rum Village Park. Some of the trash is now on the travelled portion of the roadway. Mr. Allsop said the Court would require that the City clean up its own property before considering any action against the property owner and he asked the Board of Public Works to order the clean-up, with a determination to be made as to which portion of the clean-up is the City's responsibility. Mr. Cole would then be billed for his portion of the clean-up. Mr. Brunner said it should be noted that the City has tried to pursue the legal remedies in this matter but has not been successful. The City will continue to seek injunctive relief but, in the interim, will clean-up their property as well as Mr. Cole's property. Mr. Brunner asked Mr. McMahon if the clean-up could be started today. Mr. McMahon said it would be ordered done as soon as possible. Mr. McMahon made a motion that the Board accept Mr. Allsop Is recommendation and order the Street Department Environmental crew to take action to clean this property, making a determination as to which portion of the clean-up should be charged to Mr. Cole and which portion is the responsibility of the City. Mr. Brunner seconded the motion. Mr. Allsop is to be advised when the clean-up is completed and the total amount to be charged to Mr. Cole. Mr. Allsop indicated that he will req.uest that the St. Joseph County Health Department post "No Dumping" signs in the area following the clean-up. BID ADVERTISING APPROVED - POLICE DEPARTMENT RADIO EQUIPMENT The Board received a request from Chief Borkowski to advertise for bids for portable radios and chargers for the Police Department. The Department has applied for a Criminal Justice grant for funding and grant approval is expected on about September 9. It was requested that unit bids be sought to permit a bid acceptance in accordance with funding approved. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board approved the request to advertise for bids for police radio equipment, with sealed bids to be received on September 6, 1977. V06 REGULAR MEETING AUGUST 22, 1977 CHANGE OF MEETING DATE APPROVED Mr. McMahon noted that the County -City Building will be closed on Monday, September 5, 1977, Labor Day, and he made a motion that the regular meeting be changed to Tuesday, September 6, 1977 at 9:30 a.m. Mr. Brunner seconded the motion and it carried. NOTIFICATION OF ACQUISITION OF VEHICLE BY POLICE DEPARTMENT The Board received notification from Division Chief Glenn Terry that the Police Department, through the Civil Defense Office, has acquired a military surplus vehicle from the United States Army. The vehicle is a two and a half ton truck and is now in the possession of the Police Department. They have assigned Mechanical #722 to the vehicle. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board filed the notification of the acquisition of the truck and assigned Mechanical #722 to the vehicle. RECOMMENDATION FROM DEPARTMENT OF ENGINEERING ON PETITION OF INDIANA UNIVERSITY TO VACATE ALLEYS TABLED The Department of Engineering advised the Board that they had reviewed the petition of Indiana University at South Bend to vacate a portion of Vine Street and two alleys. They have no objection to the proposed vacation, subject to existing utility easements. They noted that the Fire Department has indicated they are presently negotiating with Indiana University regarding fire protection for the complex as it relates to this vacation, but no determination has yet been reached. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board tabled the recommendation until the Fire Department advises that the problem of fire protection has been resolved. DEED OF DEDICATION ACCEPTED - CUL-DE-SACS ON 27TH AND 28TH STREETS The Board received a report from David A. Wells, Manager of the Bureau of Design and Administration, that cul-de-sacs on 27th and 28th Streets, south of Jefferson Boulevard, were not dedicated when the adjacent streets were dedicated. The areas in question have been inspected by the Bureau of Public Construction and found to be in essentially the same condition as the rest of the streets now under City maintenance. Mr. Wells recommended that the deed of dedication be accepted and recorded. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board accepted the Deed of Dedication of Canterbury Courts, Inc. for cul-de-sacs on 27th and 28th Streets, south of Jefferson Boulevard, and the deed will now be recorded. APPROVAL OF CONTRACT - ASPHALT SCARIFICATION A contract was prepared in accordance with the bid awarded to the Eisenhour Construction Company for asphalt scarification on various streets. The contract has now been executed by officials of the Eisenhour Construction Company and the Performance Bond and Labor and Materials Payment Bond and Certificate of Insurance have been submitted. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the contract with Eisenhour Construction Company for asphalt scarification was approved and the bonds filed. CENTURY CENTER CHANGE ORDERS APPROVED Patrick M. McMahon, Director of Public Works, submitted to the Board the following Century Center Change Orders with his recommendation that they be approved: Contract No. 012 - Roofing and Accessories - Change Order No. 2. Addition of $7,119.00 for the addition of flashing, coping and gutter work not covered in the original contract. REGULAR MEETING AUGUST 22, 1977 Contract No. 021 - Ceilings, Furring, Plaster and Fireproofing - Change Order No. 6. Addition of $1,002.60 for twenty-four access panels above the ceiling in certain areas, not included in the original contract. Contract No. 039 - Heating, Ventilating and Air Conditioning - Change Order No. 9. Addition of $677.40 for miscellaneous modifications required in one of the Fan Rooms to accommodate mechanical equipment. Contract No. 041 - Plumbing - Change Order No. 6. Deduction of $66.00, reflecting miscellaneous plumbing changes. Contract No. 043 - Electrical - Change Order No. 7. Addition of $7,585.00, reflecting lighting modifications made within the Art Center Wing, at the Art Center's direction. This Change Order i-S to be funded 100 per cent by the South Bend Art Center. It was also noted that there should be a deduction of $798.00 for Contract No. 004, to correct an erroneous posting on the Change Order Summary submitted on June 13, 1977. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the change orders were approved. SIGNING OF TITLE SHEET FOR CURB REPAIRS, CONTRACT 1 John E. Leszczynski, Manager of the Bureau of Public Construction, submitted to the Board the title sheet approving the plans for Curb Repairs, Contract 1, Clayton Drive, Coral Drive, St. Joseph Street, Ford Street and the intersection of Klinger and Addison. The Board approved bid advertising for the project and sealed bids` will be received on August 29, 1977. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the title sheet approving the plans for Curb Repairs, Contract 1, was approved. BID ACCEPTED - OLD STREET DEPARTMENT GARAGE PROPERTY, NORTH NILES AVENUE Mr. McMahon reported to the Board that he had reviewed the bid submitted by the Morse Electric Company for the old Street Department Garage property on North Niles Avenue. The offering price set by the Board was $65,025 and the bid submitted was in the amount of $66,000. Mr. McMahon said he had discussed with Brett Morse the fact that the City is now using the property for storage of some equipment and material and asked that these items be allowed to remain while.other arrangements are made. The Board received a letter from Brett Morse indicating that they would allow the City to continue to use the site for storage until they can make other arrangements for their equipment and requesting that deed to the property be transmitted to them as soon as possible in order that they can make plans for the construction of a new office building. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board accepted the bid of the Morse Electric Company, Inc. of $66,000 for the old Street Department Garage property on North Niles Avenue and filed the letter from Morse Electric Company agreeing to allow the City to continue storage of equipment and material on the lot while other storage arrangements are being made. REQUEST FOR TRASH RECEPTACLES AND SIGNS - NORTHEAST NEIGHBORHOOD The Board received a request from the Board of Public Safety for placement of trash receptacles and "No Littering" signs in the area of the five bars in the Northeast Neighborhood Association in an effort to control the litter problem in that area. Mr. McMahon made a motion that the Board request the Panel -Ad Company to place receptacles at each bar location if possible. Mr. Brunner seconded the motion and it carried. J U REGULAR MEETING AUGUST 22, 1977 REQUEST FOR STREET LIGHT ON NOT.HIDE BOULEVARD RECEIVED The Board received a request from Emma D. Schultz, President of the Willow Shores Condominium Association, for installation of a street light on Northside Boulevard, at the end of the alley between the Nuner School Playground and the condominium. 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. FILING OF INQUIRY REGARDING OLD FIRE STATION #8 Former Fire Station #8 at 135 S. Olive Street is presently being leased to the Indiana Department of Corrections for their Work Release Program. The lease is'being continued on a month -to -month basis while renovations to the State's new building are completed. A.C.T.I.O.N., Inc. Acting Director Marzy Bauer submitted a letter request asking that they be notified when the building is vacated since their LaSalle-Fillmore Center is looking for new quarters. Upon motion made by. Mr. McMahon, seconded by Mr. Brunner and carried, the request was filed and A.C.T.I.O.N. will be notified when the building is vacated. . TENT SALE AT J. E. WALZ, INC. APPROVED J. E. Walz, Inc. requested approval for a Tent Sale from September 6 through October 10 at their store, 3400 N. Main Street. They submitted the Certificate of Flame Resistance for the tent and indicated they will comply with all City regulations. Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, advised the Board that he had reviewed the request. This event has been held in the past without problems and he recommended approval, subject to the condition that all lighting is to be directed away from motorists on Main Street and any advertising signs to be located on the property. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the tent sale was approved, subject to the recommendations of Mr. Wadzinski, compliance with all Fire Department and Building Department requirements and the securing of a permit from the Building Department. REMOVAL OF STREET LIGHTS APPROVED The Bureau of Traffic and Lighting recommended the removal of five street lights on Michigan Street during the reconstruction of the Leeper Bridge. The temporary removal will result in a savings of $49.50 per month. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the recommendation was approved. APPROVAL OF PURCHASE AGREEMENT FOR SALE OF 114 WEST SOUTH STREET A purchase agreement for the sale of a city -owned lot at 114 W. South Street at a total price of $348.00 was prepared by the Legal Department following the requirements for the sale of property. The agreement was submitted to prospective purchaser, Jewell M. Williams and Mr. Williams has signed the agreement. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Board approved the purchase agreement and referred it to the Legal Department for preparation of the deed. REQUEST FOR BLOCK PARTY APPROVED The residents of 2400 Crest Avenue requested that the Board approve the closing of their block for a Block Party on Saturday, August 27 from 12:00 noon until 12:00 midnight. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the request was approved, subject to coordination by the Bureau of Traffic and Lighting and the Police Department Traffic Detail. 1 REGULAR MEETING AUGUST 22, 1977 FILING OF MEMORANDUM REGARDING AMENDED..INDIANA OPEN DOOR LAW Thomas J. Brunner, Jr., City Attorney, provided the Board with a memorandum outlining actions to be taken in order to comply with the amended Indiana Open Door Law which becomes effective September 1, 1977. Mr. Brunner reviewed the memorandum and said he thought it was important that all City Boards, Commissions, Councils and Departments be on notice of the specific requirements of the Law. Provisions of the Law cover notification of regular and special meetings, the material to be included in the minutes of the meetings and a requirement that those agencies which use a prepared agenda post that agenda forty-eight hours prior to the meeting. Mr. Brunner suggested that the Board of Public Works agenda be posted forty-eight hours prior to the meeting on the door of the hearing room and that the press be notified of any special meetings or change of meeting date. He recommended that everyone who might come under the provisions of the Act familiarize themselves by reading the Act to be sure that they are in full compliance. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the memorandum was filed. APPROVAL OF CLAIMS Michael L. Vance, City Auditor, submitted to the Board Claim Docket Numbers 14401 through 15038 and recommended approval. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board approved Claim Docket Numbers 14401 through 15038 and directed that checks for payment be issued. BOND RELEASED - PAUL ELLIOTT Ray S. Andrysiak, Bureau of Engineering, reported to the Board that he had reviewed the request of the surety company to release the Contractor's Bond of Paul Elliott. He noted there are no outstanding permits against this contractor and he recommended release of the bond. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Board released the bond of Paul Elliott, effective September 16, 1977. STREET LIGHT OUTAGE REPORT FILED The Street Light Outage report for the period of August 15 through 19 was submitted to the Board. The report indicated forty-three outages. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the report was ordered filed. REQUEST TO MOVE PORTABLE CLASSROOM APPROVED CONDITIONALLY John DeLee, Building Commissioner, submitted to the Board the request of Temple Beth -El to move a portable classroom from Maple Lane School to Temple Beth -El at 305 W. Madison Street. The house mover will be Lewis Mitschelen. The route submitted was Rose Street to Gordon Drive to Edison to Angela to Notre Dame to Howard to North Shore to Angela to Portage to Madison to Lafayette. No property owners were notifed of the proposed move since Temple Beth -El owns the entire block on Lafayette Boulevard and the first half block on Marion Street. Mr. Mitschelen was present and said the Temple plans to move the classroom to the rear of their building at the north. Size of the structure is 25 x 33. The Board raised the question of whether or not such a portable classroom can be located in the area under the existing zoning ordinance. There was no notification that the route had been approved by the Bureau of Traffic and Lighting and the Police Department and whether arrangements had been made with the affected utility companies. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board approved the move subject to the filing of a report from the Building Commissioner that the move is in compliance with all zoning regulations and approval of the route by the Bureau of Traffic and Lighting and the Police Department. REGULAR MEETING AUGUST 22, 1977 REQUEST TO REVIEW PARKING RESTRICTION 100 WEST MONROE FILED The Board received a request from Councilman Walter Kopczynski to review the parking restriction now in effect in the 100 block West Monroe Street. The request indicated that Mr. Alonzo Howard, of the City Bar-B-Que located in that block, was asking that the parking restriction from 3:00 p.m. to 6:00 p.m. be removed to alleviate the parking problem in that area. He asked that there be a one hour parking limit between the hours of 5:00 p.m. and 10:00 p.m. to allow for turnover of parking. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board referred the request to the Bureau of Traffic and Lighting for review and recommendation. 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 10:40 a.m. ATTEST: " 0,- & �- & Lh, Patricia DeClercq, Clerk