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HomeMy WebLinkAbout10/03/77 Board of Public Works Minutes3 REGULAR MEETING OCTOBER 3, 1977 1 A regular meeting of the Board of Public Works was convened at 9:30 a.m. on Monday, October 3, 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 a special meeting of the Board was convened on September 23, 1977 for the purpose of awarding various Century Center items on which bids were received. He noted that the minutes of that meeting had been reviewed and he made a motion that they be accepted as submitted. Mr. Mullen seconded the motion and it carried. Mr. McMahon reported that the minutes of the regular meeting of September 26, 1977 had been reviewed and he made a motion that they be approved as submitted. Mr. Brunner seconded the motion and it carried. Mr. McMahon noted that a special meeting was convened on September 29, 1977 to consider a request for traffic control on DeVon Circle. He reported that the minutes of the special meeting had been reviewed and he made a motion that they be approved as submitted. Mr. Mullen seconded the motion and it carried. OPENING OF BIDS - SALT AND CALCIUM CHLORIDE This was the date set for receiving bids for rock salt and calcium chloride for the Street Department. 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: Rock Salt International Salt Company Bid was signed by Donald Clarks Summit, Pa. G. Holman, non -collusion affidavit was in order and a certified check was submitted. Bid - $17.60 per ton - Total $176,000.00 Morton Salt Company Chicago, Illinois Bid was signed by David B. Nilson, non -collusion affidavit was in order and a certified check was submitted. Bid - $16.70 per ton - Total $167,000 Calcium Chloride Orbie of Illiana, Inc. Crawfordsville, Indiana Bid - $.195 per gallon - $19,500.00 Taylor Transport, Ltd. Ingleside, Illinois Bid was signed by Ed Otten, non -collusion affidavit was in order and a 10% bid bond was submitted. Bid was signed by Larry Taylor, non -collusion affidavit was in order and a certified check was submitted. Bid - $ .18 per gallon - $18,000.00 Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the bids were referred to the Street Department for review and recommendation. Mr. McMahon noted that the Board would like a report from Mr. Gawrysiak and Morgan Peck regarding the use of sand in snow and ice control when a bid recommendation is made. ate, A 046 REGULAR MEETING OCTOBER 3, 1977 The matter of the public hearing on the revocaction of the taxi cab license of Ralph Alexander Alvarez was continued until this date to allow the full Board to be present. Mr. Brunner advised that Charles Leone, Deputy City Attorney, would present the case for the City. Mr. Alvarez was present. Mr. Leone reported to the Board that certification had been received from the Commissioner of Motor Vehicles, dated September 21, 1977, indicating that Mr. Alvarez' driver's license is currently suspended. Mr. Leone said the information received shows Mr. Alvarez' license has been suspended since July 1, 1977. Mr. Brunner asked Mr. Alvarez if his license was suspended. Mr. Alvarez said it was not. Mr. Brunner asked Mr. Alvarez if his license was suspended in July of this year. Mr. Alvarez said it was not. Mr. Brunner asked if Mr. Alvarez was saying that the certification from the Commissioner of Motor Vehicles was incorrect. Mr. Alvarez said it was. He said he had a restricted license, but not suspended. Mr. Alvarez then submitted his current Indiana driver's license to the Board. Mr. Brunner noted that the license was issued September 29, 1977. He asked Mr. Alvarez the status of his license prior to that date. Mr. Alvarez said it was restricted. Mr. Brunner asked the reason for the restricted license. Mr. Alvarez said he was arrested four years ago for driving under the influence. His license was suspended for one year and he was then given a restricted license for three years. The three years was up last week so he got his license back. Mr. Mullen asked Mr. Alvarez if he had been before this Board at any time within the past year or two. Mr. Alvarez said he was here thirteen months ago when he got a taxi cab license. Mr. Brunner said the City would check immediately with the Commissioner of Motor Vehicles about the status of Mr. Alvarez' license and he would recommend that the Board take no action until that report is received. James Masters of the Legal Department staff advised the Board that the reason for the suspended license was that proof of insurance is required before a restricted license is given. This proof was not delivered to the state by Mr. Alvarez so the license was suspended. Mr. Brunner said the state may have made a mistake and it is possible that this license should not have been issued, but Mr. Alvarez does have a valid operator's license at this time. Based on that fact, Mr. Brunner made a motion that this matter be continued for one additional week during which time,the Legal Department will determine the actual status of Mr. Alvarez' driver's license and get a new Certification from the Commissioner of Motor Vehicles. Mr. McMahon seconded the motion and it carried. Mr. Brunner advised Mr. Alvarez that it would not be necessary for him to appear next Monday unless he receives a call from the Legal Department before that meeting. CETA SUB -GRANTS APPROVED Elroy Kelzenberg, Director of Employment and Training, submitted to the Board sub -grant agreements between the City of South Bend and Goodwill Industries and Indiana University at South Bend School of Public and Environmental Affairs. The agreements were reviewed by Deputy City Attorney Charles Leone. Mr. Kelzenberg was present and advised the Board that the sub -grant agreements are to provide client services by these two organizations. The agreement with Goodwill is in the amount of $21,772 and the agreement with IUSB-SPEA is in the amount of $38,013. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the sub -grant agreements were approved. APPROVAL OF PROJECT COMPLETION AFFIDAVIT - COMPLETION OF YORK ROAD John E. Leszczynski, Manager of the Bureau of Public Construction, submitted to the Board the Project Completion Affidavit from A. J. Hickey for the completion of the remaining 106 feet of York Road. A Maintenance Bond in the amount of $500.00 was submitted and the maintenance agreement extends until October 3, 1980. Mr. Leszczynski requested that the Board approved the Affidavit and file the bond and release the Certificate of Deposit being held by the Board. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Project Completion Affidavit was approved and the Maintenance Bond was filed and the Certificate of Deposit released. REGULAR MEETING OCTOBER 3, 1977 FILING OF LETTER RE: PETITION TO.VACATE;;A PORTION OF VINE STREET AND TWO ALLEYS - INDIANA UNIVERSITY AT SOUTH BEND The Board received a letter from C. E. Ward, on behalf of Indiana. University at South Bend, regarding their petition to vacate a portion of Vine Street and two alleys. The Division of Engineering and the Fire Department reviewed the petition and recommended to the Board that no action be taken on the petition pending negotiations for more fire prevention protection for the complex. Mr. Ward transmitted to the Board a copy of his letter to the Fire Department, dated February 16, 1977, The following proposal was contained in that letter: "In regard to your Departments recommendation for additional fire hydrants, this matter has been discussed in general with University officials. The following procedure has been suggested in this matter: A map of the university property and the surrounding area will be marked up showing existing city water mains, fire hydrants, University water mains, University fire hydrants, proposed additional water mains and fire hydrants both on University property and city property. The writer has obtained prints from the South''•Bend Water Department, showing the _location of water mains and fire hydrants in this area.. This marked up map will then be submitted to your department for comments. After a tentative agreement has been reached locally the proposal will be submitted to the Office of University Architect, the OSHA Director, both at Bloomington, Indiana for their comments. After approval of the plans, it will be necessary to prepare plans, specifications, engineering estimates and to determine the source of funds. The writer hopes to be able to submit this marked up map for your consideration during the week of February 20, 1977. Will call and set up a time before coming to your office. if Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the letter was referred to the Fire Department for comment based on the proposal contained in the letter and their recommendation regarding action on the vacation petition. REPORT - 307 W. CALVERT STREET Deputy City Attorney Terry A. Crone reported that he was authorized to take action against a temporary trailer located at 307 W. Calvert Street which was to have been removed by September 9. He noted that a suit was filed by the City of South Bend against Albert G. Mickelson, owner of the property, on an operation at 816 S. Phillipa Street and the trailer ;at 307 W. Calvert Street was combined in that suit. An agreement was worked out between Mr. Mickelson and the City of South Bend with respect to both properties and a Consent Decree was filed in Circuit Court. Mr. Mickelson is attempting, with the agreement of the City, to close operations at both properties down and move to a new location. The decree filed in Circuit Court requires Mr. Mickelson to vacate the Phillipa Street property by January 16, 1978 and terminate its use as a truck service station and depot. All trucks, scrap and debris are to be removed from the property and Mr. Mickelson has agreed to advise the City of the execution of any lease for the property. Mr. Mickelson has agreed to construct a ten -foot fence in front of the trailer located at 307 W. Calvert Street to block its view from the street. By September 21, 1978, the trailer will be removed from the property. John DeLee, Building Commissioner, was present and pointed out that the agreement does not require Mr. Mickelson to move his operation from Calvert Street. He said there are some violations at that location and said a fence ten feet in height would not meet the zoning laws. Mr. Brunner noted that the Calvert Street operation is one of the scrap yards objected to by the Rum Village Neighborhood Association and said a fence to screen the trailer might help. He said the Fire Department is REGULAR MEETING OCTOBER 3, 1977 not scheduled to make inspections until the end of October and he requested that Mr. DeLee coordinate arrangements to see that an inspection of the property at 307 W.. Calvert Street is made after October 21, 1977 to determine if Mr. Mickelson is in compliance with the Consent Decree. Mr. Brunner asked Mr. DeLee if there had been any action taken to rezone the Phillipa Street property in light of the residential character of the neighborhood. Mr. DeLee said he knew of no action to rezone the property. Mr. McMahon made a motion to file the consent decree regarding the property at 307 W. Calvert Street. Mr. Brunner seconded the motion and it carried. APPROVAL OF ADVERTISING - SALE OF CITY -OWNED LOTS Deputy City Attorney Terry A. Crone advised the Board that the property at 310 N. Walnut Street has been prepared for sale and there are two prospective purchasers, requiring that the Board advertise the parcel for sale and request sealed bids. He noted that a number of parcels have been prepared for sale with purchase agreements submitted to the prospective buyers. No response was received so a letter was directed to each individual advising him that if no response was received, the City would assume they were no longer interested in the property and it would be offered for public sale. A notice of sale of real estate has been prepared, offering eighteen parcels for sale and listing the legal descriptions and the offering prices for the lots. The lots and offering prices are as follows: 721 N. Eddy Street - Offering Price $536.00 937 W. LaSalle - Offering Price - $780.00 1018 W. Jefferson - Offering Price - $525.00 1316 Liston - Offering Price - $475.00 612 E. Ohio - Offering Price - $350.00 816 S. Pulaski - Offering Price - $749.00 517 S. Rush - Offering Price - $396.00 614 S. Rush - Offering Price - $600.00 618 S. Rush - Offering Price - $650.00 621 S. Rush - Offering Price - $689.00 622 S. Rush - Offering Price - $624.00 722 S. Rush - Offering Price - $696.00 936 E. Sorin - Offering Price - $509.00 1350 E. Sorin - Offering Price - $920.00 508 E. South - Offering Price - $768.00 217 N. Walnut - Offering Price - $300.00 310 N. Walnut - Offering Price - $648.00 719 E. Wenger - Offering Price - $675.00 Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Board approved advertising the above -listed lots for sale at the offering prices stated above. Sealed bids will be received on October 31, 1977. FILING OF PRELIMINARY ESTIMATE, PLANS AND ASSESSMENT ROLL AND ADOPTION OF IMPROVEMENT RESOLUTION NO. 3450-CREST MANOR SEWERS Mr. McMahon reported to the Board that the last remaining section of Crest Manor, in the area of Berkshire, Abshire and Raleigh Drives, not serviced by sanitary sewers has now been prepared for consideration. An engineer's estimate showing the cost of the project to be estimated at $15,535.87 has been submitted to the Board, along with the preliminary plans and assessment roll. An Improvement Resolution has also been prepared and the Bureau of Design and Administration recommends that the Board adopt the Improvement Resolution setting a public hearing on the project and file the engineer's estimate, preliminary plans and preliminary assessment roll. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board filed the engineer's estimate, preliminary plans and preliminary assessment roll and adopted the following resolution: REGULAR MEETING OCTOBER 3, 1977 IMPROVEMENT.RESOLUTION NO. 3450 BE IT RESOLVED, by the Board of Public Works of the City of South Bend, Indiana, that it is deemed necessary to improve Berkshire, Abshire and Raleigh Drives in Crest Manor by the construction of a local sewer, intended and adapted only for local use by the property owners whose property abuts thereon and not intended or adapted for receiving sewage from collateral drains. Said sewer to be 8" inches in diameter, and said sewer, withallits appurtenances, to be constructed in accordance with the profiles, drawings, plans general details and specifications of such improvement approved and adopted herewith, 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, abstracting, inspection and engineering, shall be assessed upon the real estate abutting on said street 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 equal installments, with interest at the rate of six (6) per cent per annum. The 17th day of October, 1977 at the hour of 9:30,a.m. o'clock, local time, is hereby fixed as the time and 1308 County -City Building, South Bend, Indiana as the place when and where the Board will hear all persons interested, or whose property is or will be affected by the proposed improvement, on the question as to whether the special benefits that will accrue to the property to be assessed, abutting on the line of proposed sewer or drain, will be equal to the estimated cost of the improvement. On the day named, any and all interested persons who may appear before the Board shall have a full hearing on the question, and on any matter pertaining to the proposed 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, in two newspapers representing the two major political parties, the first publication to be not less than ten (10) days before the date of hearing. Adopted this 3rd day of October, 1977. BOARD OF PUBLIC WORKS s/ Patrick M. McMahon s/ Thomas J. Brunner, Jr. s/ Peter H. Mullen ATTEST: s/ Patricia DeClercq, Clerk PUBLIC HEARING SET - REVENUE SHARING APPROPR'ZATI-ON FOR GASOLINE The Board received a request from John Lentz to set a public hearing on a revenue sharing appropriation of $75,000 for gasoline and diesel fuel. The ordinance will be filed with the Common Council on October 5 for first reading on October 10 and a public hearing on October 24. In accordance with the guidelines for such appropriations, the Board public hearing must be held seven days prior to the Council hearing. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board approved the request and directed that legal advertising be placed for a public hearing on October 17 at the regular meeting of the Board. 350 REGULAR MEETING OCTOBER 3, 1977 BID ADVERTISING APPROVED - VARI:OUS CENTURY CENTER ITEMS Patrick M. McMahon, Director of Public Works, requested permission from the Beard to advertise for bids for the Century Center parking lot, custodial equipment, maintenance equipment and tools. He noted that the parking lot will be constructed with E.D.A. funds. Mr. McMahon requested that bids be advertised, with sealed bids to be received on October 17, 1977. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board approved the request to advertise for bids for Century Center equipment and parking lot. QUARTERLY REPORT AND REQUEST FOR PAYMENT APPROVED - CANCO, INC. The first quarterly report from the Child Abuse and Neglect Coordinating Organization was submitted to the Board along with a request for the first quarterly payment of $2,500 under the contract with that organization. The report outlined the services rendered under the contract. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board filed the report and approved the payment request. RECOMMENDATION FOR STREET NAME CHANGE FILED Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, submitted to the Board a report on street names in Southeast Estates. He noted that Colonial Lane becomes Chalet Court when it crosses Cotswold Lane, causing a confusing situation at the intersection for the general public and for emergency vehicles.. Mr. McMahon said he would request that the Department of Engineering check to see if there are homes on Chalet Court in this location and whether or not the area has been dedicated or the responsibility is still with the developer. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the recommendation was filed and a report will be requested from the Engineering Department. FUND SOLICITATION APPROVED AMERICAN CANCER SOCIETY The Bureau of Traffic and Lighting and the Police Department Traffic Bureau reviewed the request of the American Cancer Society to conduct a fund solicitation on Saturday, October 8 from 10:00 a.m. to 3:00 p.m. at five intersections. The Bureaus recommended approval of.the following intersections: Eddy and Angela, Northside and Sample and Ironwood and Pleasant. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board approved the recom- mendation, subject to the organization filing with the Board an executed Hold Harmless Agreement. REPORT ON "NO LITTER" SIGNS IN NORTHEAST TAVERN AREA Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, reported to the Board that his Bureau investigated the need for trash receptacles in the northeast tavern area. He reported that there are receptacles at three of the tavern locations. He recom- mended that the Board request Panel -Ad to install a receptacle at the location of Corby's Tavern and that signs on the existing receptacles read "No Littering". Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board filed the report and directed that Panel -Ads be requested to install a trash receptacle at Corby's tavern. CLAIMS APPROVED Michael L. Vance, Deputy City Controller, submitted to the Board Claim Docket Numbers 17055 through 17515 and recommended they be approved. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board approved Claim Docket Numbers 17055 through 17515 and directed that checks for payment be issued. �I 1 351 REGULAR MEETING OCTOBER 3, 1977 TEMPORARY CLOSING OF ALLEY NEAR :MAR MAIN APARTMENTS APPROVED The Board received a request from The Painters for the temporary closing of the north -south alley east of the Mar Main. Apartments from October 3 through 10, 1977 for painting of the windows. The Bureau of Traffic and Lighting reviewed the request and recommended approval, providing the alley is opened to traffic at night. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the recommendation was approved. ETHNIC FESTIVAL REPORT FILED Mr. McMahon noted that the Board had received a copy of the report of the 1977 Ethnic Festival from Gwen Stiver and Mr. & Mrs. Charles Lennon. The comprehensive report of the three-day activity indicated twenty-three groups and fifty thousand people participated. The report urged that a.festival be held in 1978. A financial report on `thee booth operations was submitted and a full financial report of all events will be submitted. Upon motion made by Mr. McMahon, seconded by.Mr. Brunner and carried, the report was ordered filed. CERTIFICATE OF INSURANCE FILED SOUTH BEND SYMPHONY A Certificate of Insurance from the South Bend Synphony, covering activities at the Morris Civic Auditorium and on River Bend Plaza, was submitted to the Board. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the certificate was filed. STREET LIGHT OUTAGE REPORT FILED The Street Light Outage report for the period September 26 through 30 was submitted to the Board. The report indicated ninety-nine outages. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the report was ordered filed. PRIVILEGE OF THE FLOOR - FLOYD CARTER RE: MODEL CITIES SEWERS Mr. Floyd Carter, 1619 Fassnacht Street, was present to speak on behalf of other residents of the Model Cities area regarding the Model Cities sewer project. Mr. Carter said the residents would ask that the City not put down the mixture of asphalt spray on the street since it gets tracked into homes and gets on car windows. He noted that one resident had to pay $10.00 to have the substance removed from her car. He also asked that the streets which have not been repaved be completed as soon as possible, since there' are holes in the streets and they become filled with water. Mr. Carter also noted the work completed on Johnson Street and said the residents hope to have all the streets in the area done as well as Johnson Street, which included new pavement and curbs. Mr. Carter said the area streets have been torn up for a long period of time and they hope work will be done to make the neighborhood decent again. Mr. McMahon thanked Mr. Carter for coming to the Board with .his comments and said he could respond to some of the points mentioned. He said that oil was used on the streets at the request of the residents, instead of using the calcium chloride solution originally used. He said if the residents don't want oil used, the contractor can be advised. He said the contractor is scheduled to complete work during this season. All of the streets which are torn up should be paved before the winter weather hits. He noted that the Johnson Street project was a different situation. Model Cities is a storm sewer and does not have to go as deep as a sanitary sewer. The Johnson REGULAR MEETING OCTOBER 3, 1977 Street project was for construction of sanitary sewers which have to be fifteen feet deep, requiring repaving of the street. This work was done by another contractor, separately from the Model Cities work. Mr. McMahon noted that the contractor is ahead of schedule and has put in four and a half miles of sewer in a fifteen -month period. According to the terms of the original contract, he could be working on the project for four years. He said the City feels that the contractor is working very well, although they recognize that the work has been an inconvenience to the neighborhood. 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 10:35 a.m. ATTEST: ) 4�/- �&' , Patricia DeClercq, Clerk 1 G