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HomeMy WebLinkAbout07/14/75 Board of Public Works Minutes12 REGULAR MEETING JULY 14, 1975 A regular meeting of the Board of Public Works was convened at 9:30 a.m, on July 14, 1975 by Chairman Rollin E. Farrand with -all members present. Deputy City Attorney Kathleen Cekanski was also present. Minutes of the previous meeting were reviewed and approved. OPENING OF BID S - BUREAU OF TRAFFIC AND LIGHTING TRUCK This was the date set for.receiving bids for a One Ton Truck for the Bureau of Traffic and Lighting. The Clerk tendered proofs of publication of notice in the South Bend Tribune and in the Tri-County News which were found to be:sufficient. The following bids -were opened and publicly read: Stanley Enterprises South Bend, Indiana. Bid - $9,081.00 Deeds Equipment Co. South Bend, Indiana Bid - $9,590.00 Bid was signed by Richard Kromkowski, non -collusion affidavit was in order and a certified check in the amount of $908.10 was submitted. Bid was signed by John K. Brennan, non -collusion affidavit was in order and a 10% bid bond was submitted. Upon motion made, seconded and carried, the bids were referred to the Bureau of Traffic and Lighting for review and recommendation. PUBLIC HEARING - VACATION RESOLUTION NO. 3416 This being the date set, hearing was held on Vacation Resolution No. 3416, 1975 for the vacation of the south half of the first north - south alley east of Walnut Street, running from Western Avenue north to the first east -west alley. The Clerk tendered proofs of publica- tion of notice in the South Bend Tribune and the Tri-County News which were found to be sufficient. Mr. Stanley M. Przybylinski was present representing the petitioners, th e.St. Joseph Polish Roman Catholic Cemetery Association's Burial Establishment, Inc. Mr. Przybylinski said the alley is not used and there is an eight -foot drop to the Western Avenue side. The petitioners own the property on both sides of the alley. Mr. Farrand noted that the alley north of this. alley has already been vacated. There was no one else present who wished to speak on the vacation. Upon motion made, seconded and carried, the Board confirmed Vacation Resolution No. 3416 and said alley is vacated. The City Engineer is directed to prepare an Assessment Roll showing the award of damages and the assessment of benefits to the surrounding properties. REQUEST OF ROBERT ALLEN FOR HEARING ON TAXI LICENSE DENIAL Robert Allen was present and asked the Board for a hearing on the denial of his application for a taxi license. Mr. Allen said he has held a taxi license previously and asked why it was denied this time. Mr. Allen then stated that he had left the employment of the Taxi Company for about a year and worked as a maintenance man. When he came to reapply for a license, he was required to fill out a new application which was sent to the Bureau of Police for review. The report from Chief John H. Walsh was to recommend denial of the application. The Board asked Deputy City Attorney Kathleen Cekanksi to check the matter with Chief Walsh and obtain further information. Miss Cekanski asked that the Board refer the matter to her for investigation and asked that Mr. Allen supply the Board with a letter stating when he was last employed by the taxi company and where he has been employed since that time. Upon motion made, seconded and carried, the matter was taken under advisement and referred to Miss Cekanski for review. Mr. Allen was asked to submit the letter regarding his employment with the taxi company and subsequent employment to the Board for Miss Cekanski's review. 1 nim REGULAR MEETING JULY 14, 1975 RECOMMENDATION TO AWARD BID FOR SALE OF OLD FIRE STATION FOUR The Board received the following recommendation from Deputy City Attorney Kathleen Cekanski: "The Department of Law has reviewed the three bids received for the sale of Fire Station No. 4 located at 1210 Thomas Street. We hereby recommend to the Board to accept the high bid of $8,310.00 offered by Kennedy Electric. The bid is the highest and best bid received, and in compliance with Ordinance No. 5387-72 which sets forth the procedure for the disposition of real property owned by the City. It is further recommended that Mr. Richard L. Kennedy take all of the necessary steps needed for any zoning change for its proposed use. s/ Kathleen Cekanski Deputy City Attorney Upon motion made, -seconded and carried, the Board accepted the recommendation and awarded the sale of old Fire Station Number Four at 1210 W. Thomas Street to Richard Kennedy on his high bid of $8310, subject to the determination by the Legal Department of the method of payment for the sale and of the responsibility for the rezoning of the property. CONSULTANT AGREEMENT FOR LOGAN STREET IMPROVEMENTS TO BE SUBMITTED TO THE INDIANA STATE HIGHWAY C011MISSION The Board received a letter from Rollin E. Farrand, P. E., Director of Public Works, requesting permission to submit the Consultant's Agreement for the Logan Street improvements to the Indiana State Highway Commission for approval. Upon motion made,.seconded and carried, the Board approved the request. RESPONSE TO CLEM HAZINSKI'S RESIGNATION The Board approved and signed the following letter: "Clem Hazinski 21858 Bellkay Drive South Bend, Indiana Dear Clem, It is with considerable regret that this Board receives your letter of resignation. Your long and dedicated service to the citizens of South Bend has certainly been a service of great benefit to this City. We are well aware of the excellent reputation you have in the field of Traffic Engineering, not only locally, but also State wide. Your advice to this Board has made the work of the present members, as well as that for previous members, much easier. It is with regret that we note your resignation. Please accept our thanks for a job well done and our best wishes to you in your retirement. Very truly yours, s/ Rollin E. Farrand, President s/ James V. Barcome s/ James R. Seitz Z FILING OF PETITION TO VACATE EAST -WEST ALLEY BETWEEN DONALD AND CALVERT Gene Minnick and Emery Antalavts file :their petition to vacate the east -west alley between Donald and Calvert, from Kemble Avenue to the north -south alley, between Lots 6 and 7 in City View Place. The vacation is requested because the alley is a nuisance with accumulations of dirt, trash and rocks and is a maintenance problem. Upon motion made, seconded and carried, the petition was filed and referred to the Department of Public Works for preliminary review and recommendation. REPORT OF FINDINGS VALLEY CABLEVISION PETITION TO INCREASE RATES Upon motion made, seconded and carried, the report of the findings of the Board in regard to -the Valley Cablevision Petition to increase rates was approved as follows: July 14, 1975 Board of Public Works, South Bend, Indiana - Findings Re: Valley Cablevision Petition for Rate Increase The Board of Public Works finds that: • 1. Valley Cablevision is operating within the corporatelimits of the City of South Bend under a franchise issued by said Board on the 22nd day of August, 1966. 2. Under the terms of their franchise, Valley Cablevision Corporation may petition the Board of Public Works for a change in its rate structure, and 3. Valley Cablevision did, in fact, so petition the Board of Public Works on May 19, 1975; subsequently. 4. The Board of Public Works set June 2, 1975 as the date for a Public Hearing to be advertised as a legal notice in the South Bend Tribune on May 23, 1975, and May 30, 1975. 5. A Public Hearing was held on June 2, 1975, regarding the proposed rate increase. 6. Valley Cablevision has, in fact, paid the $500 annual franchise fee and an additional amount equal to three per cent (3%) of the annual gross revenue of the Corporation received by it for community antenna television service in the City of South Bend, the semi-annual payment in the amount of $14,300.73 having been paid on the 15th day of April in accordance with Section IX of the franchise, and that 7. While the original Valley Cablevision Corporation feasibility study, the request for Waiver of Divestiture, and the matter of FCC compliance are a matter of public concern and of concern to the Board of Public Works, they are matters over which the Federal Communications Commission has preemptive jurisdiction and are not a proper matter of consideration as part of the review of the petition for a rate increase. The Board of Public Works does take note of the fact that Valley Cablevision Corporation in the person of Mr. Harry White, General Manager, has made a positive response indicating proper action by Valley Cablevision Corporation in each area of concern and favorable action by the Federal Communications Commission. 8. Public access has been.made available to the public as demon- strated by time allotted for the following organizations: Meadowood Free Methodist.Church Kidney Foundation South Bend Dist. Methodist Church Muscular Dystrophy Assn. Pat Rickles, Modern Women Mayor's Commission on the School City of Mishawaka Status of Women Michael Phaebus - IUSB Review Alcoholism Council REGULAR MEETING JULY 14, 1975 Cancer Society of St. Joseph County Urban League of South IUSB Broadcasting Class Bend and St. Joseph County United Health Foundation Cooperative Extension Service Transcendental Meditation Society Recreation Council Elkhart Central High School Lyn Leone - Public Affairs Visiting Nurse Association with Local Personalities John Coffman Local Artists 9. Valley Cablevision Corporation has opened their fiscal records for reivew.and inspection by the South Bend Board of Public Works. Said Board having caused these records to be reviewed by the office of the City Comptroller finds:. a. Valley Cablevision Corporation's records as made available to the Board of Public Works have been audited by McGladrey, Hanson, Dunn and Company, a recognized and reliable auditing firm. b. The Valley Cablevision is operating at a deficit as indicated in their statements at the Public Hearing. C. Valley Cablevision Corporation has requested of the Board of Public Works that said corporation be allowed r-4 to recover their operating losses, recognized by the Board of Public Works as having accrued in large part because of large initial capital expenditures, within a reasonable period of time. d. The Board of Public Works finds this request reasonable and agrees that a rate increase in accordance with the petition is justified. Said petition is attached hereto and made a part of this decision. e. It is the understanding of this Board that Valley Cablevision Corporation has pursued the matter of a rate increase with the St. Joseph County Council who have granted said increase to be concurrent with the decision of this Board with an effective date of September 1, 1975. f. It is also the understanding of this Board that the matter of a rate increase is being pursued in the other areas of the Valley Cablevision franchise. g. This Board of Public Works of the City of South Bend, therefore, approves this petition for rate increases as presented with an effective date of September 1, 1975. Approved by South Bend Board of Public Works s/ Rollin E. Farrand s/ James V. Barcome s/ James R. Seitz ATTEST: s/ Patricia DeClercq, Clerk Date: July 14, 1975. Z REGULAR MEETING JULY 14, 1975 DAMAGED GRATING AT OLD POST.OFFICE TO -BE ORDERED REPAIRED The Board received a recommendation from. Patrick McMahon, Manager of the Bureau of Public Construction that a damaged grating at the Old Post Office site, which is rusted and broked, should be repaired or replaced. Because the grating is a hazard to pedestrians, Mr. McMahon suggested that the Board notify the Post Officials and request that the grating be replaced or repaired. Upon motion made, seconded and carried, the Board approved the recommendation and referred the letter to Rollin Farrand, Director of Public Works, andLasked that he notify the Post Office officials of the need to repair or replace the grating. REQUEST TO PURCHASE CITY -OWNED LOT AT 1350 E SOUTH STREET The Board received a letter from Marion Donaldson, 1354 E. Sorin Street, expressing an interest in purchasing the city -owned property at 1350 E. Sorin Street. Upon motion made, seconded and carried, the letter was ordered filed and the request was referred to the Department of Public Works for a determination that the lot is city -owned and that it is not needed for public use. RESOLUTION NO. 20 ADOPTED - SALE OF CITY -OWNED PROPERTY Upon motion,)made, seconded and carried, the following resolution was adopted: RESOLUTION NO 20. 1975 WHEREAS, the Board of Public Works of the City of South Bend has compiled a current detailed inventory of all real property owned by the City of South Bend, Indiana, pursuant to Section.30 A-1 of the Municipal Code of the City of South Bend; and WHEREAS, the Board of Public Works has reviewed said inventory of real property and now finds that certain of the parcels of real estate now owned by the City are not set aside'by state or city law for public purposes pursuant to Section 30 A-2 of the Municipal Code of the City of South Bend; and WHEREAS, the Board of Public Works now wishes to take the necessary action to make itpossible for the Board, in the future, to sell said parcels of real estate pursuant to Chapter 30A of the Municipal Code of the City:of South Bend, , NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend, Indiana: 1. That the parcels of real estate owned by the City contained in the following list are not necessary to the public use and are not set aside by state or city law for public purposes: STREET ADDRESS 1219-1221 S. Lafayette 1601 Longley 1018 W. Jefferson DEED NUMBER 608 790 734 A & B 2. That this resolution shall immediately upon its adoption be submitted to the Common Council of the City of South Bend pursuant to Section 30 A-2 of the Municipal Code of the City of South Bend. Adopted this 14th day of July, 1975. BOARD OF PUBLIC WORKS s/ Rollin E. Farrand s/ James V. Barcome ATTEST: s/ James R. Seitz s/ Patricia DeClercq, Clerk Board of Public Works REGULAR MEETING , i V J12 14, 1975 F- CHANGE ORDER AND EXTRA WORK AGREEMENT APPROVED - BENDIX DRIVE, ARDMORE TRAIL AND LI14COLNUAY WESTINTERSECTION IMPROVEMENTS A Change Order and Extra Work Agreement for the Bendix Drive, Ardmore Trail, Lincolnway West Intersection Improvements was received. The Change order was a decrease of $11,998.16. The Extra Work Agreement was an increase of .15,680.28, resulting in an overall increase in the contract of $3,682.12. The Change Order and Extra Work Agreement were recommended for approval by Rollin E. Farrand, Director of Public Works. Upon motion made, seconded and carried, the Board approved the Change Order and Extra Work Agreement and they will be submitted to the Indiana State Highway Commission for approval. CERTIFICATE OF INSURANCE FILED '- MARION HAMILTON & SON, INC. The Board received a Certificate of Insurance from Marion & Hamilton & Son, Inc. Upon motion made, seconded and carried, the Board ordered the certificate. filed. BOND APPROVED Ray S. Andrysiak, Bureau of Engineering, reported to the Board that a Contractor's Bond for Jack Deafenbaugh was properly executed and could be approved. Upon motion made, seconded and carried, the bond was approved to July 8, 1976. RIVER BEND PLAZA APPLICATIONS APPROVED The following River Bend Plaza applications were submitted to the Board with the favorable recommendation of Louis Wilcox: Pepsi Cola Carillon on July 22, Display only at the corner of Michigan and Jefferson. Upon motion made, seconded and carried, the application was approved. River City Smithey - July 25 and 26 for Craft Demonstrations. Upon motion made, seconded and carried, the application was approved. The following appliations for Sidewalk Days on July 25 and 26 were received: Office Engineers - July 25 and 26 Newman's - July 25 and 26 Sonneborn's Sport Shop - July 25 and 26 The Peanut Shop - July 25 and 26 J. C. Penney Company - July 25 and 26 Lerner Shops - July 25 and 26 Career Shop - July 26 and 26 Rasmussen's Men's Store - July 25 and 26 Milady Shop - July 25 and 26 Hall of Cards and Books - July 25 and 26 Helen's Boutique - July 25 Dainty Paid Bake Shop - July 25 and 26 R. K. Mueller Jewelers - July 25 and 26 Deputy City Attorney Kathleen Cekanski recommended that the Board approve the applications subject to her review of the insurance requirements. Upon motion made, seconded and carried, the Board approved the applications for Sidewalk Days subject to the filing of the necessary insurance certificates. STREET LIGHT OUTAGE REPORT FILED The Street Light Outage Report for the period of July 3 through July 10 was received. Upon motion made, seconded and carried, the report was ordered filed.. REGULAR MEETING JULY 14z 1975 NO PARKING SIGNS TO BE POSTED ON INNER BELT'PROPERTY NEAR MADISON ST. Reports of privately owned trucks and a camper parking on city -owned land north of Lincolnway West and south of Madison Street, near the Innter-Belt have been received by the Board and by the Police Depart- ment. Attempts have been,ma.de to request the owners of the vehicles to move them from the city -owned property. Upon motion made, seconded and carried, the Board directed that,the.Bureau of Traffic and Lighting post signs "No Parking - Violators will be Towed" on the property. The Police Department will be advised when the signs have been posted and will be directed to take appropriate action if the vehicles continue to park there. REPORT OF CAR PARKED ON SIDEWALK AT MONROE AND LINCOLNWAY EAST It was called to the Board's attention that a car parks on the sidewalk at the corner of Lincolnway East and Monroe Street almost every evening. The car protrudes out into the street. Upon motion made, seconded and carried, the Board directed that the Police Department be requested to check into the matter and report to them. There being no further business to come before the Board, upon motion made, seconded and carried, the meeting adjourned at 10:15 a.m. s r.. Seitz ATTEST: ( / CLERK I. Ll