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HomeMy WebLinkAbout08/18/75 Board of Public Works Minutes56 REGULAR MEETING AUGUST 18, 1975 A regular meeting of the Board of Public Works was convened at 9:30 a.m. on Monday, August 18, 1975 with all members present. Deputy City Attorney Kathleen Cekanski was also present. Minutes of the previous meeting were reviewed and approved. FILING OF PETITION TO VACATE PORTIONS OF IOWA AND KENTUCKY"STREETS The Bendix Corporation files its petition to vacate portions of Iowa Street and Kentucky Street, between Westmoor Street on the south and Prast Boulevard on the north. Purpose of the vacation is to -facilitate the public safety by avoiding the necessity for public highway crossings at grade on the relocated railroad right- of-way and to enable Bendix to complete its development plan for the construction of paved parking lots. Upon motion made, seconded and carried, the petition was filed and referred to the Bureau of Engineering for preliminary review and recommendation. RECOMMENDATION RE: PETITION OF INDIANA UNIVERSITY TO VACATE THREE ALLEYS The Board received a recommendation from the Bureau of Design and Administration that the petition of Indiana University to vacate three alleys, south of Mishawaka Avenue, west of Twentieth Street and North of Ruskin Street, was reviewed and they have no objection to the proposed vacation, subject to existing utility easements. Upon motion made, seconded and carried, the recommendation was filed and the petition was referred to the Area Plan Commission for review and recommendation. APPOINTMENT OF APPRAISERS FOR CITY OWNED PROPERTY Resolution No. 20, authorizing the sale of city -owned real estate was submitted to the Common Countil on July 14. The parcels of real estate were: .1219-1221 S. Lafayette, 1601 Longley, and 1018 W. Jefferson. Thirty days have elapsed and the Council has not asked that any of the parcels be retained for city use. Upon motion made, seconded and carried, the Board now ordered that the properties be appraised and offering prices established for the sale. OPENING OF BIDS - ELWOOD AVENUE SIDEWALKS This was the date set for receiving bids for the construction of sidewalks and curbs at various locations on Elwood Avenue, from Olive Street to Portage Avenue, authorized under Barrett Law by adoption of Improvement Resolution No. 3404, 1974. 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: Rieth Riley Construction Company Bid - $25,562.75 Ziolkowski Construction Company Bid - $16,765.00. Batteast Construction Company Bid - $13,674.25 Bid was signed by Richard D. Ruhlman, non -collusion affidavit was in order and a 5% bid bond was submitted. Bid was signed by Ben Ziolkowski,' non -collusion affidavit was in order and a 5% bid bond was submitted Bid was signed by Robert Batteast, non -collusion affidavit was in order and a certified check was submitted. REGULAR MEETING AUGUST 18, 1975 McIntyre & Jones Construction Co. ,Bid was signed by Kenneth A. McIntyre, non -collusion affidavit was in order and a 5% bid bond was submitted. Bid - $17,973.25 Upon motion made, seconded and carried, the bids were referred to the Bureau of Design and Administration for review and recommendation. REPORT ON REQUEST FOR HOUSE MOVE Mr. Farrand noted that last week the Board received a request from Mitschelen House Movers to move a house from 19582 Ireland Road to 4625 S. Fellow Street. The matter was tabled and the Board referred the request to the Legal Department for a recommendation and also requested that they be furnished with the appraised value of the house. Mr. Farrand now reported that that appraisal has been furnished to the Board and it indicates that the value of the house exceeds the restrictive covenant requirement by about 500. The following report was received from the Department of Law: "The Department of Law has reviewed the proposed house move. We recognize the interest of the property owners in the area, voiced at the Board meeting of August 11, 1975. However, in reviewing all the applicable law pertaining to this situation, we recommend approval of the proposed move.- Municipal Code Section 6-6 sets forth the criteria required by the City for issuing such a permit. The owner, Locker Realty, has complied with all of the standards set forth therein. Much discussion has also been given to the Restrictive Covenants for this area (attached). The committee set up to review structures in this area, in accordance with the Restrictive Covenants, has given their approval to this move. (see attached a memo) . Additionally the case of Shelley v. Kraemer, 334 U. S. 1 (1948) decided by the Supreme Court sets forth fundamental criteria with regards to restrictive covenants against occupancy or ownership of property. Since all the legal criteria have been met, approval is recommended. s/ Kathleen E. Cekanski Deputy City Attorney Attachment: To: Kathleen Cekanski From: Tony Colletti Subject: Moving house at 19582 E. Ireland Road to Hawblitzel Addition I have found that the above address is incorrect. The house which Locker wishes to move is at 19550 Ireland (county address, 408 Ireland (city address). According to the Centre Township Assessor the house at 19582 was moved in 1974. I spoke to Doug Carpenter at Locker Realty and he agreed that the house Locker wishes to move is at 19550. Enclosed find the restrictive covenants for the Hawblitzel Addition. Section 3 sets up a committee.which must approve all homes which are to be placed in the subdivision. �8 REGULAR MEETING AUGUST.18, 1975 According to Attorney Nimtz, the committee is now composed of Margie Stewart, and Mary Kay and Leonard Fisher. I spoke to Mrs. Fisher and she stated that the committee has given approval to Locker to place the home in the subdivision. Therefore, according to Mrs. Fisher, no restrictive covenants will be violated when the house is moved into the subdivision. S/ Tony Colletti Susan Clark, 4615 Fellows Street, was present and said it was her understanding that no building could be erected unless the plans were submitted and it was compatible and in harmony with the existing houses. She said the homes in this area are one-story with attached garages. This home is a two-story home with no garage. She said the house would not fit in with the existing homes in the neighborhood. Mr. Farrand said there is a committee set up to review the restrictive covenant requirements for the area and that committee has approved moving this house. He said the members of the committee are Margie Stewart and Mary Kay and Leonard Fisher. Kathleen Cekanski, Deputy City Attorney, said it would be her recommendation that the complaining property owners in the area petition the committee of three people to reassess their determination in regard to the house move. She said she did not know whether the property owners have that right of appeal but they could investigate it. She said it is definitely out of the City's hands. The City does not have the right to: enforce restrictive covenants. She said the property owners have the right to contact an attorney if they wish. Mr. Barcome asked if the members of the committee live in the area and it was noted that Mrs. Fisher lives at the corner of Ireland and Fellows. Mr. Seitz commented that it appears the Board cannot do anything more in the matter. Mrs. Clark then asked the Board whether they could put some kind of a timetable on when the house would be put in place and landscaped. She said, in some cases, a house is left up on supports for a long period of time. She said they would not want to see the house moved in and left in a temporary state. Mr. Farrand said there is no such timetable included in approval for a move. He said, if such a situation occurred and there was a health or safety hazard, the City could intervene. Mr. Anton Miller, 4637 Fellows Street, then called attention to the drainage problem which now exists in the area. He displayed pictures of this home and the existing homes in the area to the Board. He said the property owners have some obligation to protect their neighborhood in regard to fire hazards and new construction. Mr. Farrand said these matters do not fall within the Board's jurisdiction. Mr. Miller then said it was not feasible to expect someone to buy this home without knowing of the drainage problem. Mrs. Clark said there is a natural drainage line which goes right through this lot. Mr. Miller said the Board is allowing a nice little home to be moved into a neighborhood where it will not be compatible. Mr. Farrand then asked to see the plot plan for this house and it was displayed to the Board. Mr. Miller said he did not know how many of the residents of the neighborhood were aware that this move was planned or how many of them received proper notice of the hearing and he asked the Board to delay action so that the property owners could consult with an attorney to advise them. Mr. Barcome then made a motion that the matter be continued until the property owners have consulted with legal counsel. There was no second to the motion and it died. Mr. James Locker introduced himself and said that he has followed the letter of the law in requesting this house move. He said that is the only issue before the Board. Hesaid the permit has been delayed two weeks now and he was requesting the Board to approve the permit. He said he has every intention of moving the house and completing it as quickly as possible. Mr. Locker said, in reference to Mr. Miller's comment regarding drainage, that this property is .26 of a foot lower than Mr. Miller's property and the water will drain back on this lot. Mr. Miller said he questioned whether the owner of the house would be able to pay the taxes on_.it and he questioned the amount of the appraisal. Mr. Barcome said that Y REGULAR MEETING AUGUST 18, 1975 the real estate was appraised by Jerome Michaels, a highly respected appraiser, with the house appraised at $24,OOO and the house and lot appraised at $30,000. Mr. Dick Roman spoke to the Board and said he has lived in this area for 17 years. He said there is a large area that drains through this property now. He said there is a 12 inch culvert on Fellows Street and when there are heavy rains, the water overflows as the 12 inch pipe is not large enough. He said, when this occurs, the water is six inches deep across the road. He said it is the responsibility of the Board to handle adequately the storm drainage that will be disrupted with the moving of this house. He said there will be a real problem for Mr. Miller and the people across the street and adjacent to this area. Mr. Farrand said Mr. Roman's point was well taken. He said drainage cannot be blocked. Legal action would be if anything was done to block drainage. Mr. Farrand then said, based on the advice of the Attorney as to what the Board's options are, he would move that the permit for the house move be approved. The motion was seconded and carried, with Mr. Barcome voting "Nay". Mr. Hugh Anderson said that Mr. Locker had tried to move this house without any permit, but someone caught up with him and made him stop. Mr. Farrand noted that it was his Department which caught the fact that there was no permit to move the house. Mr. Farrand then said, based on the facts the Board had, he did not think they have the right to deny the permit. He said the only thing this Board can do is be consistent in their actions and try to go by the law. Mr. Miller said all he was asking was that they be allowed to keep their neighborhood intact. He said these property owners are paying taxes. The City is putting sewers into the area but not water. Mr. Farrand said he would be happy to discuss the matter of sewers and water with Mr. Miller, but he said that is not pertinent to the matter before the Board. REQUEST FOR TAG DAYS - EMMANUEL CHURCH OF DELIVERANCE The Board received a request from Rev. Willie Coates of the Emmanuel Church of Deliverance, to hold Tag Days on August 29 and 30 to solicit funds on the City sidewalks. Upon motion made, seconded and carried, the request was tabled, pending confirmation of the fact that the church has received a permit from the Charitable Solicitations Commission. RECOMMENDATION TO AWARD BID - POLICE DEPARTMENT RADIOS The Board received a recommendation from Chief John Walsh that the bid for the portable radios for the Bureau of Police had been reviewed and he recommended that the bid of the Meade Electric Company be accepted. Upon motion made, seconded and carried, the Board accepted the low and only bid of the Meade Electric Company of $10,200 for 10 portable police radios. CHANGE ORDER APPROVED - AIRPORT INDUSTRIAL PARK Change Order No. 6 for the Airport Industrial Park, Phase III was submitted to the Board. The Change Order was to Woodruff and Sons in the total amount of $11,665.00. Patrick McMahon, Manager of the Bureau of Public Construction, advised the Bord that this was for work scheduled to be performed by the railroad which has now been transferred to the Morse Electric Company by Woodruff & Sons. There are sufficient funds in the E.D.A. budget and in the City budget for this work. Upon motion made, seconded and carried, the Change Order was approved. IT REGULAR MEETING AUGUST 18, 1975 ADOPTION OF RESOLUTION NO. 23. 197`5 A resolution was submitted to the Board by Patrick McMahon, Manager, Bureau of Public Construction, in connection with the site improvements required for Century Center. Upon motion made, seconded and carried, the following resolution was adopted: RESOLUTION NO. 23, 1975 A RESOLUTION TO CONSTRUCT THE SITE IMPROVEMENTS FOR CENTURY CENTER IN THE 100 & 200 BLOCKS OF SOUTH SAINT JOSEPH STREET, SOUTH BEND, INDIANA WHEREAS, the City of South Bend has chosen to construct Century Center, a cultural and civic center in the City of South Bend, and WHEREAS, the Economic Development Administration of the U. S. Department ofCommerce has offered a fifty per (50%) Grant to the City of South Bend for the construction of certain.;Site Improvements for Century Center, not to ex-eed $1,103,000; and WHEREAS, the City of South Bend has accepted said Grant for these purposes, and WHEREAS, the Board of Public Works, as the official Contracting Agency for the City of South Bend, shall contract for all such Site Improvements; NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that all site improvements for Century Center shall be constructed upon the Century Center Site located in the 100 and 200 blocks of South St. Joseph Street in the City of South Bend, Indiana, as described in the application on file with the Economic Development Administration in conjunction with EDA Project 06-01-01200. BOARD OF PUBLIC WORKS s/ Rollin E. Farrand s/ James R. Seitz s/ James V. Barcome ATTEST: s/ Patricia DeClercq, Clerk RIVER BEND PLAZA APPLICATIONS APPROVED The following River Bend Plaza Applications were submitted to the Board by Louis Wilcox, with his favorable recommendation: 1. Y.W.C.A. - Display Only, on September 4, 5 and 6 2. THE ICE BOX - Park Van at 112 S. Michigan every Saturday, beginning September 16 3. Chess Tournament - 112 S. Michigan - September 6 4. Gospel Center Church - Display Only, September 17 Upon motion made, seconded and carried, the applications were approved. BONDS APPROVED Ray S. Andrysiak, Bureau of Engineering, reported to the Board that the following bonds were properly executed and could be approved: Walsh & Kelly, Inc. - Contractor's Bond to September 12, 1976 Emmett K. Troyer - Contractor's Bond to August 29, 1976 F & F Home Improvements, Inc. - Contractor's Bond to August 20, 1976. Upon motion made, seconded and carried, the bonds were.approved to the dates listed. 1 REGULAR MEETING AUGUST 18,._1975 BOND RELEASED - RANCE CONSTRUCTION COMPANY A request was received to release the Contractor's Bond of the Rance Construction Company. Ray S. Andrysiak, Bureau of Engineering, advised the Board that the bond could be released. Upon motion made, seconded and carried, the bond was released effective August 18, 1975. STREET LIGHT OUTAGE REPORT FILED The Street Light Outage Report for the period of August 11 through 15 was received. Upon motion made, seconded and carried, the report was ordered filed. LABOR DAY MEETING RE SCHEDULED - The County -City Building will be closed on Monday, September 1, 1975, Labor Day. Upon motion made, seconded and carried, the meeting of the Board of Public Works scheduled for September 1 was rescheduled for Tuesday, September 2 at 1:30 p.m. COMPLAINT - RETENTION BASIN BEHIND HAMILTON:SCHOOL Councilman Robert Taylor was present and said he had called attention previously to a condition which exists at the retention basin behind Hamilton School, west of York Road. He said the water level is low and the algae is causing a very objectionable odor. Residents of the area are asking that something be done. Mr. Farrand said an official memorandum has been prepared on the subject of Vegatation and Odor Control of Retention Basins and will be distributed to all Departments involved. The memo stated that vegatation in shallow ponds can be controlled by chemical spraying and certain neighborhood organizations, in cooperation with the Department of Public Works, are applying chemicals. Where retention basins are not sited so as to be monitored by neighborhood groups, control shall be the responsibility of the Bureau of Sanitation. Mr. Farrand noted that when the bottom of a retention basin becomes dry and stable, the odor problem disappears and vegatation can be controlled by mowing. Mr. Taylor was then advised that future complaints of this nature should be called to the attention of Morgan Peck, Bureau of Sanitation. COMPLAINT - CERTAIN STREETS IN SOUTH EAST Councilman Robert Taylor called the attention of the Board to a serious street problem near James Monroe School where the concrete pavement is badly deteriorated. He said he has talked to Donald Decker about this and it was determined that the area should not be slurry sealed. Mr. Farrand said he is aware of this problem and of some other areas in the southeast where street repairs need to be made. He said it has been determined that the 3500 block of St. Joseph Street should be given immediate attention. WIDENER LANE SEWERS A question was raised as to whether fire lanes are being kept open on Widener Lane, during the sewer construction, so emergency vehicles can get through. Mr. Farrand said he had checked the area this morning and there was a lane open for emergency vehicles. Mr. Barcome noted that Assistant Fire Chief Joseph Nagy inspects the site each morning and the construction workmen are advised that fire lanes must be kept opened. It was noted that an emergency vehicle did get into the area Sunday night. Patrick McMahon, Manager of the Bureau of Public Construction, said the contractor is on notice that fire lanes must be kept accessible. Mr. Barcome said any questions regarding the matter should be referred to Chief Nagy. 62 REGULAR MEETING AUGUST 18, 1975 RECOMMENDATION ON REQUEST FOR SEWERS ON JACKSON ROAD A petition was submitted to the Board for the construction of sewers in the 19000-21000 blocks of Jackson Road. The petition was referred to the Legal Department for review and recommendation. Deputy City' Attorney Kathleen Cekanski advised the Board that the Legal Department was recommending that the Board take no action on this petition until the court litigation on the annexation of the area has been resolved. Mr. Barcome made.a motion that, based on the advise of legal counsel, the petition be tabled until such time as the matter of the annexation litigation has been resolved. Mr. Farrand suggested that the motion be amended to direct that the petition be referred to the Legal Department with the request that they research the possibility of construction of the sewers at the total expense of the property owners, with the City to do the engineering work. Mr. Barcome amended his motion to include referral of the petition to the Legal Department as outlined by Mr. Farrand.' The motion was seconded and carried. There being no further business to come before the Board, upon motion made, seconded and carried, the meeting adjourned at 10:40 a.m. Rollin E. Farrand (Z J es V. 13arcome i' �a.me s R. S i t ATTEST: Patricia DeClercq, ClerkF