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HomeMy WebLinkAbout10/13/75 Board of Public Works MinutesREGULAR MEETING OCTOBER 13, 1975 A regular meeting of the Board of 9:30 a.m, on Monday, October 13, with all members present. Deputy was also present. Minutes of the and approved. Public Works was convened at 1975 by Chairman Rollin E. Farrand City Attorney Kathleen Cekanski previous meeting were reviewed OPENING OF BIDS - POLICE DEPARTMENT TP.ANSCEIVERS This was the date set for receiving bids for 10 transceivers for the Police 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: R.C.A. Communications System Div. Bid was signed by Sam T. McCartt, Indianapolis, Indiana non -collusion affidavit was in order and a 10% bid bond accompanied Bid - 10 Units the bid. - $10,321.50 Meade Electric Company Bid was signed by Robert Magnetti, Hammond, Indiana non -collusion affidavit was in order and a 10% bid bond accompanied the bid. Bid - $1020.00 per unit. Total Bid - $10 200.00 Upon motion made, seconded and carried, the bids were referred to the Bureau of Police,for review and recommendation. PUBLIC HEARING - VACATION RESOLUTION NO. 3419 1975 This being the date set, hearing was held on Vacation Resolution No. 3419, 1975, for the vacation of all streets, alleys and lots not previously vacated in the proposed plat of River Bend Addition to the City of South Bend. Deputy City Attorney Kathleen Cekanski asked the Board to make an addition to the legal description in the Vacation Resolution as follows: Add "all streets, alleys and lots not previously vacated in the proposed plat of River Bend Addition to the City of South Bend". Upon motion made, seconded and carried, the Board amended the Vacation Resolution to add to the legal description "all streets, alleys and lots not previously vacated in the proposed plat of River Bend Addition to the City of South Bend. Wayne Brownell, Director of the Department of Redevelopment, petitioners for the vacation, was present. Mr. Brownell said that Kevin Butler, Attorney for the Depart- ment of Redevelopment, was not able to be present this morning but was requesting that the Board table any further action on this resolution while they attempt to get additional property owners to sign the petition. Mr. Farrand suggested that any interested property owners who were present this morning be allowed to speak at this time. Mr. Ken Erhardt, representing Taylor, Green, Baer and Leighton, asked what would happen in this proceeding to the alley between Washington and Colfax. A detailed map of the area was displayed and the Board explained that there would be no change made in any existing street or alley in this proceeding. Mr. Howard Fleming said he owned property south of the subject property in Andrew Fuerbringer's Addition, at Monroe and Lincolnway East. Mr. Fleming was advised that that property was not involved in this proceeding. Mr. William Farabaugh inquired about the alley behind the Palais Royale property and the Morris Civic Auditorium which, he said, is used by both properties. Mr. Farabaugh was advised that the proposed vacation will not affect the alley, which will remain open. Mr. Farabaugh said if this was the case, he had no objection to the vacation. The same question was raised by Norris Emmons, on behalf of Margaret Emmons, regarding the Newman property on Michigan Street. He was advised that there will be no change in existing alleys or streets. Mr. Barcome suggested that the Department of Engineering check out the alleys and courts in the proposed vacated area to be sure that they are to remain open. Upon motion made, seconded 1 REGULAR MEETING OCTOBER 13. 1975 and carried, the matter was tabled at the request of Mr. Brownell until November 3, 1975 to allow time to obtain additional signatures. on the petition. The resolution was referred to the Bureau of Engineering.for.a check of existing alleys and courts to see that they will remain open. REPORT - MOVING OF STRUCTURES TO 3222 NORTHSIDE BOULEVARD Approval of the request to move two structures from Hamilton School to 3222 Northside Boulevard was given by the Board on October 6, subject to approval of the route by the Bureau of Traffic and Lighting and the Police.Department and to the filing of the proper bond with the Building Department. However, the Board advised the property owner, Thomas Grant, who objected to the move that the matter would be on the agenda today so he could consult with other property owners in the area and present additional information. Mr. Farrand noted that Mr. Grant has advised the Board that the property owners have withdrawn their objections to the move, providing the developer conforms to the site plan submitted to the Board. HEARING ON TAXI LICENSE DENIAL FOR HERMAN OWENS, JR. Deputy City Attorney Kathleen Cekanski submitted the following recommendation to the Board regarding the review of the denial of a taxi license application for Herman Owens, Jr. r.. "Upon a review of the applicant's file, a personal discussion with Mr. Owen's physician, and the applicable law in this .�� area, the Department of Law concurs with Chief Walsh's recommendation that the application for a taxi cab license be denied. Pursuant to Municipal Code Section 15-50 the applicant is entitled to written reasons for a denial. The Department of Law makes its recommendation primarily based on Mr. Owen's past history of problems with alcohol, and especially his convictions of driving under the influence. Although we commend Mr. Owens for beginning an alcohol rehabilitation program, we believe he has not been on the program long enough to warrant a favorable recommendation at this time. Since it is the Board of Public Works duty to preserve and protect.the public's health, safety and welfare, it must take steps to ensure the pedestrian and vehicular safety as well. Therefore, we recommend denial of said application. Kathleen E. Cekanski Seputy City Attorney it Upon motion made, seconded and carried, the Board approved Miss Cekanski's recommendation to deny the application, with the understanding that the matter could be reopened at the request of Mr. Owens after January 1, 1976. At that time, the application would be reconsidered based upon Mr. Owens participation in an alcohol rehabilitation program. Mr. Owens was present and told the Board that he needs work and he asked for additional consideration at this time. He said he did not want to apply for welfare or other help but wanted a chance to earn a living. Miss Cekanski said that she had talked to Dr. Vagner, Mr. Owens physician, and it was her information that Mr. Owens had not joined Alcoholics Ananymous and that Dr. Vagner had only Mr. Owens word that he was not drinking. Mr. Owens said he joined Alcoholics Anonymous in February. Mr. Barcome suggested that Mr. Owens could apply for a job with C.E.T.A., through the City or County, if there were any openings. He said he would recommend that the :Board send Elroy Kelzenberg, Director of Manpower, a letter asking that consideration be given to Mr. Owens if there were openings. Mr. Seitz noted that REGULAR MEETING OCTOBER 13, 1975 Mr. Owens father was a long-time employee of the Park Department with a good work record -and said he would also support Mr. Owens application for any C.E.T.A. opening. Upon motion made, seconded and carried, the Board tabled the hearing on the taxi license application for Herman Owens, Jr. until such time, after January 1, 1976, as Mr. Owens requests that it be reconsidered. The Board also directed that'a letter be sent to Elroy Kelzenberg, Director of Manpower, asking that Mr. Owens be considered for any C.E.T.A. position that might be available. HEARING - TAXI LICENSE DENIAL FOR DONALD RILEY Ms. Marcia Sowles, Legal Aid Society, was present with Mr. Donald Riley. Ms. Sowles submitted to the Board her written argument in support of the Board's approving the license. Ms. Sowles also submitted letters on behalf of her argument. .She noted that Mr. Riley's parole officer is recovering from surgery and she was unable to get a letter from him. She also noted that Mr. Riley's former employer is on vacation and she has been unable to get a letter from him. She asked the Board to review her presentation and delay any action on the matter until she can obtain and submit these additional letters. Upon motion made, seconded and carried, the Board filed Ms.. Sowles' presentation and tabled the matter until October 20. LETTER TO INDIANA STATE HIGHWAY CONB`%IISS*'ION RE: "ONE WAY PAIR" The following letter was signed by the Board and will be transmitted to the Indiana State Highway Commission: "Mr. G. K. Hallock Chief Highway Engineer Indiana State Highway Commission Indianapolis, Indiana Dear Mr. Hallock: The Board of Public Works of the City of South Bend is interested in completing the necessary steps to fully implement the Agreement between the City of South Bend and the Indiana State Highway Commission regarding the one-way pairing of Michigan -St. Joseph Streets and Main Street.within the City as a portion of the U.S. 31 route. During 1974 the City of South Bend resurfaced Main Street with binder and surface courses, using materials meeting Indiana State Highway Commission specifications. The existing Main S-reet was a brick street. This street, through the resurfaced portion from Marion Street to the concrete surface at Dean Street, is comparable to the portion of Michigan Street recently resurfaced by the Indiana State Highway Commission. The concrete surface from Dean Street, to and including the'Chippewa Avenue connection to Michigan Street, is, in our judgement, adequate to handle the State highway traffic and has, in fact, been handling that traffic for a period of approximately two years and does not show signs of failure. If the Indiana State Highway Commission accepts into the State Highway System those streets included in the above referenced Agreement and fully implements said Agreement, the City will, at such time as the Indiana State Highway Commission' .through regular and lawful procedures, abandons these streets to the City of South Bend, accept these streets back into the City system without insisting upon reconstruction to repair structural or other defects inherent in the pavement at the time said streets were accepted into the State. Very truly yours, s/ Rollin E. Farrand s/ James V. Barcome s/ James R. Seitz it 1 REGULAR MEETING OCTOBER 13, 1975 REQUEST TO ADVERTISE FOR BIDS:FOR UNIFORM RENTAL Rollin E. Farrand, Director of Public Works, requested that the Board authorize the advertising for .bids for rental. of uniforms for the following Bureaus and Departments: Bureau of Streets, Department of Public Parks, Bureau of Wastewater, Bureau of Traffic and Lighting, Bureau of Vehicle Maintenance, Bureau of Solid Waste, Bureau of Building Maintenance, Bureau of Cemeteries, Bureau of Sanitation, Bureau of Communications and River Bend Plaza Maintenance. Detailed specifications were attached. Upon motion made, seconded and carried, the Board approved the request and directed the Clerk to advertise for bids with sealed bids to be received on October 27, 1975. ADOPTION OF VACATION RESOLUTION NO. 3423 Upon motion made, seconded and carried, the following resolution was adopted: VACATION RESOLUTION NO. 3423 RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, That it is desirable to vacate the following: The north -south alley from Mishawaka Avenue to Vine Street, running parallel to and located west of 20th Street, City of South Bend The east -west alley running west from 20th Street to and intersecting the alley described above, said alley being north of Lot 9 of Shank's 2nd Addition, City of South Bend The east -west alley running west from 20th Street to and intersecting the alley described first above, said alley being south of Lot 7 of Shank's 2nd,Addition, City of South Bend Reserving the rights and easements of all Utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right of way, unless such rights are released by the individual Utilities. The following property may be injuriously or beneficially affected by such vacation: Lots 7 through 12 of Shank's 2nd Addition and Lots 25 through 30 of Hammond &•Whitcomb 2nd Addition. Also, an unplatted tract of land running from Mishawaka Avenue south to Ruskin Street, west and adjacent of the north and south alley running from Mishawaka Avenue South to Ruskin Street in the NE 4 Section 18-T37N-R3E Notice of this Resolution shall be published on the 17th and 24th day of October, 1975 in the South Bend Tribune and in the Tri-County News. This Board, at its office, on the loth day of November, 1975 at 9:30 o'clock, A.M., will hear and receive remonstrances from all persons interested in or affected by these proceedings., Adopted this 13th day of October, 1975. BOARD .OF PUBLIC WORKS s/ Rollin E. Farrand s/ James R. Seitz s/ James V. Barcome ATTEST: s/ Patricia DeClercq, Clerk 108 REGULAR MEETING OCTOBER 13, 1975 BICYCLE AUCTION APPROVED The Board received a request from Chief John H. Walsh to hold.the annual Bicycle Auction on Saturday, November 15th at 10:00 a.m. in the rear of the Municipal Services Building. Upon motion made., seconded and carried, the Board approved the auction. CONTRACT AND PERFORMANCE BOND SIGNED -PORTAGE AND-ELWOOD INTERSECTION The contract and performance bond for the Portage and Elwood Avenue intersection improvements were submitted to the Board. Upon motion made, seconded and carried, the contract and performance bond were approved. CHANGE ORDER APPROVED - CENTURY CENTER EXCAVATION AND DEMOLITION A contract Change Order for the Century Center Excavation and Demolition work by O'Neal Trucking Company was submitted to:the Board. The Change Order was an increase of $13,963.76 and was to cover removal of retaining walls and other objects found below the contract excavation grade which were not covered in.the original contract. Upon motion made, seconded and carried, the Change Order was approved. LETTER TO WOODRUFF & SONS RE: AIRPORT INDUSTRIAL PARK FILED The Board received a copy of a letter sent by Clyde E. Williams and Associates to Woodruff and Sons, Inc, giving notice to the contractor that he is in default of the contract for the Airport Industrial Park, Phase III. Patrick M. McMahon, Manager of the Bureau of Public Construction, recommended to the Board that they table any further action on the matter at this time, inasmuch as Woodruff and Sons is presently working on the project and,demonstrating their sincerity in completing the work as soon as possible. Upon motion made, seconded,and carried, the Board ordered the letter to Woodruff and Sons filed and approved Mr. McMahon's recommendation. TRAFFIC CONTROL DEVICES APPROVED The ---Bureau of Traffic and Lighting recommended that the following traffic control devices be approved: A. 10:-Minute Green Zone, first three spaces north of Washington on the east side of 100 North Michigan. Upon motion made, seconded and carried, the installation was approved. B. 9 AM-3 PM 10 minute pick-up zone at Green Curb, first two spaces west of the Plaza on the north side of 100 W. Wayne. Upon motion made, seconded and carried, the installation was approved. C. Removal of 30 Minute Parking.Limit at 1774 Prairie Avenue. Upon motion made, seconded and carried, the removal was approved. D. Removal of Parking Meter #9, North Side of 300 W. Jefferson. Upon motion made, seconded and carried, the removal was approved. E. No Parking Tow -Away 'Lone Signs in east -west alley north of and adjacent to the Public Transportation Company garage. Upon motion made, seconded and carried, the installation was approved. F. No Parking This Side signs installed on the north side of 100 E. Farnerian. Upon motion made, seconded and carried, the installation was approved. G. 10 Minute Green Zone, first three spaces south of Washington on the west side of 100 S. Michigan. Upon motion made, seconded and carried, the installation was approved. REGULAR MEETING OCTOBRER 13, 1975 BONDS APPROVED Ray S. Andrysiak, Bureau of Engineering, reported to the Board that the following bonds were properly executed and could be approved: Excavation Bond for Woodruff & Sons, Inc. to 11/2/76 Contractor's Bond for James Kambol to 10/9/76 Contractor's Bond for Albert E. Torok to 10/7/76 Contractor's Bond for Van Ooteghem & Son to 10/17/76 Upon motion made, geconded and carried, the bonds were approved to the dates listed. RIVER BEND PLAZA APPLICATIONS APPROVED Douglas Simpson, Director of -River Bend Plaza, submitted the. following applications with his favorable recommendation: A. Riley High School Dance Band - Thursday, October 16 - 12:00 to 12:30 p.m. B. Jo Ann Brines, School of the Dance - Thursday, October 23 T11° 12?00 to 12:30 p.m. C. Women's Political Caucus - Tuesday, October 28 - Rally - 12:00 noon to 1:00 p.m. Upon motion made, seconded and carried, the applications were approved. STREET LIGHT OUTAGE REPORT FILED The Street Light Outage Report for the period of October 1 through 9 was received. Upon motion made, seconded and carried, the report was ordered filed. SIGNING OF TITLE SHEET - CLYDE CREEK DRAINAGE AREA The Title Sheet approving the plans for the Clyde Creek Drainage Area Sewer Separation Project, the Randolph -Sampson Street Retention Basin was submitted to the Board. Upon motion made, seconded and carried the title sheet approving the plans was approved. DESIGNATION OF AUTHORIZED REPRESENTATIVES OF THE CITY OF SOUTH BEND FOR CENTURY CENTER Upon motion made, seconded and carried, the following letter was signed by the Board and will be transmitted to the Economic Development Authority: "U. S. Department of Commerce Economic Development Authority 32 W. Randolph Street Chicago, Illinois 60601 RE: EDA Projects - Site Improvements for Century Center 0.6-01-01200 White Water Way Development 06-31-00616 .Gentlemen: Acting as the official contracting agency for the City of South Bend, Indiana, the Board of Public Works hereby requests that Mr. Rollin E. Farrand and Mr. Patrick M. 110 REGULAR MEETING OCTOBER 13, 1975 McMahon of the Department of Public Works be recognized as the Authorized Representatives of the City of South Bend in all dealings with your agency which pertain to the above referenced grants. Very truly yours, s/ Rollin E. Farrand s/ James R. Seitz s/ James V. Barcome Attest: s/ Patricia DeClercq, Clerk m There being no further business to come before the Board, upon motion made, seconded and carried, the meeting adjourned at 10:45 a.m. ATTEST: Patricia DeClercq, Clerk '' • lin E. Farr and V. BIrcome 1