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HomeMy WebLinkAbout02/02/76 Board of Public Works Minutes1200 REGULAR MEETING FEBRUAP.Y 2, 1976 A regular meeting of the Board of Public Works was convened at 9:30 a.m, on Monday, February 2,•1976 by President Rollin Farrand,- with Mr. Farrand, Mr. Brunner and Mr. Mullen present. Deputy City Attorney Kathleen E. Cekanski was also present. MINUTES APPROVED Mr. Farrand advised the Board that he had reviewed the minutes of the previous meeting and he made a motion that the minutes be approved as submitted. The motion was seconded by Mr. Mullen and carried. PUBLIC HEAPING - ASSESSMENT POLL, ELWOOD AVENUE SIDEWALK AND CURB This was the date set for holding a hearing on the assessments against property for the Elwood Avenue Sidewalk and Curb construction, authorized under Improvement Resolution No.3404, 1974, adopted by the Board of Public Works on August 5, 1974. The Clergy: tendered proofs of publication of notice in the South Bend Tribune and the Tri-County News which were found to be sufficient. Mr. Farrand advised the Board that this was a standard Barrett Law project. A public hearing was held before the project was authorized and there were no remonstrators against the project. There were some property owners who wished to be left off the assessment roll and who agreed to do the work themselves. Mr. Farrand said that all property owners the assessment roll had received notice of this hearing and of the amount of their assessment. They were advised that they could be present to ask any questions of the Board. Pastor Martyn Ballestero,- of Christ Temple, was present and said when the project was proposed a councilman came to a meeting at the church and advised the pastor and the church members that this was a good project and that the City would pay one-half of the assessments. Mr. Ballestero said they now learned that they will have to pay the full assessment listed for them on the assessment roll. Mr. Farrand said no such information regarding the City paying half the assessment was given out by the Board of Public Works. Mr. Ballestero said their attorney has investigated the matter and they are aware they must pay the full assessment. However, he said if he had realized that the City was not going to pay half, he would have asked members of his congregation who are contractors to do the work. Mr. Ballestero then said that since the sidewalk and curb construction they have water standing in their parking area. Patrick McMahon, Manager of the Bureau of Public Construction, advised the Board that this parking lat is low and there are no drainage outlets. He said the curb and sidewalk could not be built any lower. Mr. Farrand asked Mr. Ballestero how the lot drained before the construction and Mr. Ballestero said the water ran off into the street. Mr. Farrand then advised Mr. Ballestero that the church now has two options in regard to payment of the assessment. Notice will be sent from the Treasurer's Office of the total amount due. The total assessment can be paid'within a period of thirty days or a waiver can be signed requesting that the assessment be divided into five equal payments, at six per cent interest, and the billing will be received with the tam bill once each year. Mr. Farrand then advised the Board that the assessment roll as filed should be amended because the assessment for Lots 1 and 2 in Huey Heights was combined and the Treasurer's Office needs a separate assessment for each lot. Mr. Farrand then made a motion that the assessment roll be amended to reflect that the Assessment for Lot 1, Huey Heights be shown at 42.9 feet, Total Assessment $508.36 and the Assessment for Lot 2, Huey Heights be shown at 55.0 feet, Total Assessment $521.40. This does not change the assessment amount. The motion was seconded and carried. Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the Bord adopted a resolution confirming the Assessment Roll adopted by the Board on December 29, 197-6 for the improvement - of the Elwood Avenue sidewalks and curb. 10341 have 1 REGULAR 1EETING FEBRUARY 2, 1976 PUBLIC HEARING CONTINUED - VACATION RESOLUTION NO. 34191 DEPARTMENT OF REDEVELOPMENT This was the date set for a continuance of the public hearing on Vacation Resolution No. 3419 for the vacation of all streets, alleys and lots not previously vacated in the proposed replat of River Bend Addition, Mr. Farrand said that Kevin Butler, Attorney for the Department of Redevelopment, had advised that the required signatures of property owners still have not been obtained and he was not ready to proceed. Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the public hearing was continued until the regular meeting of the Board on March 1, 1976. CHANGE ORDER 140. 2 - CONTRACT 002 CENTURY CENTER APPROVED Change Order No. 2 for Contract 002 of Century Center was submitted to the Board with the recommendation of Patrick M. McMahon, Manager of the Bureau of Public Construction., Mr. McMahon advised the Board in his recommendation that this change order is for the purpose of incorporating an additional 20 x 20 area adjacent to Room B-115, Women's Toilets, and is in the amount of $7,325.00. The request for the addition was initiated by the St. Joseph County Hotel -Motel Tax Board of Managers and that Board has pledged funding in the amount of 100% of this Change Order. Upon motion made by Mr. Farrand, seconded by Mr. Mullen and carried, the Change Order was approved. X REQUEST TO TRADE 1958 P�,'IM FIRE TRUCK APPROVED The Board received a letter from Chief Robert Snider, Bureau of Fire, requesting permission to trade a 1958 Maxim Fire Truck, which is inoperable, toward the purchase of the three new Mack Trucks. Michiana I -lack has set a trade-in allowance of $1200.00 on the engine. Chief Snider said the Chief Mechanic of the Fire Department estimates a $4,000 expenditure to bring the equipment up to standard operating condition. Mr.'Farrand noted that the Board did actually list four trucks for trade-in when they took bids on the new pumpers, but the specifications were worded so that the Board could trade in only three. Chief Snider was present and advised the Board that at the time the trade-ins were listed, Chief Bland did not know that this piece of equipment had a cracked block. Mr. Farrand made a motion that the Board accept Chief Snider's recommendation. Mr. Mullen seconded the motion. Mr. Evans, of the Civic Planning Association, asked Chief Snider how many reserve units the Department now has. Chief Snider said the.three units in reserve are inoperable. He said when the new equipment is received, three units from the first line service will then be kept in reserve. Mr. Brunner asked Chief Snider whether the City was bound into the trade-in agreement to Michiana Mach: or whether they could.dispose of the equipment in some other way at a better figure. Chief Snider said that when the Department attempted to dispose of some equipment some years ago, it was not possible to get an acceptable bid on them and they were eventually sold to Super Auto Saivage. He said, moneywise, -the City was better off to go with P7ichiana:Mack. There being no further discussion, the question was called and the motion carried. BID ADVERTISING APPROVED - BUREAU OF POLICE VEHICLES Chief Michael Borkowski, Bureau of Police, submitted to the Board a request to advertise for bids for approximately 44 vehicles for the Bureau of Police. Detailed specifications were attached to the request. The Chief requested that sealed bids be received on. March 1, 1976._ Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carri-ed, the Hoard approved the request and directed the Clerk to advertise for bids, with sealed bids to be received on Monday, March 1, 1976. REGULAR MEETING FEBRUARY_2, 1976 FILING OF ASSESSMENT ROLL - VACATION RESOLUTION NO. 3425 Rollin E., Farrand, P. E., Civil City.Engineer, files an Assessment Roll for Vacation Resolution No. 3425, 1976, for the vacation of all streets_ and alleys located within the tract of land briefly described as follows: Beginning at the northwest corner of Lot 2 of the Elder Place Addition to the City of South Bend; thence easterly along the north lines extended of -Lots 2 through 19 inclusive to the northeast corner of said Lot 19 of the said addition; thence southerly along the east line extended of Lots 19, 35, 52 and 73 of the said addition to the southeast corner of Lot 73 of the said addition; thence northerly along the west lines extended of Lots 56 and 2 to the northwest corner of Lot 2 of the said addition and the point of beginning; all contained in the northwest one - quarter of Section 13, Township 37 North, Range 2E in the City of South Bend -Portage Township, St. Joseph County. Vacated streets are portions of Paris and Elder Streets. The following property may be injuriously or beneficially affected by such vacation: Lots AE, AA, AB, AJ and AK, Lots 22 to 35 Inclusive, Lots 39 to 52 inclusive, Lots 56 to 73 inclusive in Elder Place. The Board finds that each of said lots have been benefited in the amount of $0.00 and damaged in the amount of $0.00. Upon motion made by Mr. Farrand, seconded by Mr.. Brunner, and carried, the Board adopted the Assessment Roll andrset Monday, March 8, 1976 at 9:30 a.m. as the time and the Board of Works Hearing Room, 1308 County - City Building, as the place where all persons interested in or affected by such vacation may be heard. REPORT - IIIDEPENDENT CAB COMPANY The Board received.a report from Deputy City Attorney Kathleen E. Cekanski in regard to the Independent Cab Company and the resolution adopted by the Board allowing the company to allow a 25(,% reduction on taxi fares in two Bicentennial cabs. Miss Cekanski's report advised the Board that in order to operate a taxicab company within the City of South Bend, it is necessary for the applicant to file with and have approved by the Board of Public Works a Certificate of Public Convenience and Necessity. A formal public hearing must be held on the application, with notice published and all other taxicab companies must be advised of.the hearing. The applicant, if approved, must file with the Controller an insurance policy and must pay an initial fee of $500. Miss Cekanski's report continued that a check: of the records of -the Controller's Office and the Board of Public Works Office indicated that there is no documentation of such a Certificate for the Independent Cab.Company. Miss Cekanski said Mr. Grady Thompson had been asked to appear before the Board today to answer questions in regard to this matter. Mr. Thompson was present and he advised the Board that he had talked with -Mr. Zick to try to get the information Miss Cekanski requested but he does not have it as yet. Mr. Farrand noted that he had received a request from Mr. Hall of the Department of Commerce Minority Business Section for an appointment on Thursday morning, February 5-to discuss this matter. Mr. Farrand said he felt any action on the matter should be delayed until after that meeting. Mr. Brunner asked Mr. Thompson if he did have a Certificate of Public Convenience and Necessity. I-fr. Thompson said that he did but he did not know if he could locate it. Mr. Brunner said that City records do not indicate this fact. Mr. Brunner then said he would recommend that implementation of the resolution be held in abeyance until Mr. Thompson produces the Certificate. Mr. Brunner said, at the present time, the City does not have proof that Mr. Thompson has the proper license., Mr. Brunner said if Mr. Thompson would produce his records and/or proof, it would be appreciated. Mr. Mullen asked Mr. Thompson if he recalled being asked at an earlier hearing on this matter if there were other independent drivers in the City. Mr. Thompson said to his knowledge there were no other independent drivers. The drivers all drive for either Indiana -Yellow Cab or the Courtesy Cab Company. Mr. Mullen then asked Mr. Thompson if he was the only independent driver. Mr. Thompson said he purchased his cab from Mr. Zick and has been driving it.at night, as an independent, 1 REGULAR MEETING FEBRUARY 2, 1976 for the past several years. -Mr. Thompson -said he has a full-time job during the day. PRr. Mullen said if Mr. Thompson.could produce his copies of the records involved, it would be appreciated. Tor. Brunner; said, in view of the fact that a meeting is scheduled for Thursday, February 5 with a representative from the Department of Commerce, he would move that the Board hold the matter in abeyance until the matter of the licensing can be resolved. The motion was seconded by Mr. Farrand and was carried. LEASE - INDIANA DEPARTMENT OF CORRECTIONS, OLD FIRE STATION EIGHT Deputy City Attorney Kathleen Cekanski submitted to the Board a lease agreement with the State of Indiana Department of Correction for the use of old Fire Station No. Eight, 135 N. Olive Street. The lease is for a two-year period, ±through June 30, 1977 and provides for a monthly rental fee of $280.00. Miss. Cekanski noted that the lease was prepared jointly by the Department of Correction and the Legal Department of the City. Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the leaseagreementwas approved by the Board. It will be submitted to Mayor Nemeth for signature and will then be transmitted to the State of Indiana for execution by the proper officials. PURCHASE AGREEMENT - SALE OF CITY -OWNED LOT AT 920 S. FRANKLIN Deputy City Attorney Kathleen Cekanski submitted to the Board a U Purchase Agreement executed by P. C. Diltz and Sons for the.purchase of a city -owned lot at 920 S. Franklin Street for a total price of $513.00. Miss Cekanski advised the Board that this property was prepared for sale in accordance with the Municipal Code at the request of L. J. Daniel. Mr. Daniel has since relinquished his interest in purchasing the property to P. C. Diltz and Sons. They have signed a purchase agreement agreeing to purchase the lot at a total price of $513.00. Miss Cekanski said that -since the property was appraised at less than $1000, the Board can enter into a private sale with the prospective purchaser. She recommended that the Board approve the agreement. Upon motion made by Mr. Farrand, 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 TEMPORARY CHANGE OF NAPE OF LA SALLE STREET APPROVED Ralph Wadzinski, Manager of the Bureau of Traffic and Lighting, reported to the Board that he had reviewed the request of the St. Joseph Parish Bicentennial Committee to change the name of LaSalle Street at its intersection with Hill Street back to Water Street for one'day, on February 8, 1976, in connection with the Parish Bicentennial Celebration, Mr. Wadzinski recommended approval and said that Mrs. O'Connell would provide the sign which his Bureau will hang on February 7 and remove on February 9. Upon motion made by Mr. Farrand, seconded by Mr. Mullen and carried, the Board approved the recommendation. TEMPORARY BRA14CH BANK APPROVED The Board received a request from the St. Joseph Bank & Trust Company to use a temporary branch bank on the K Mart Parking Lot while a new branch bank is constructed at the corner of Western Avenue and Summit Drive. Forrest West, Building Commissioner, reviewed the request and recommended approval. Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the Board approved the St. Joseph Bank & Trust Company's use of a temporary branch bank on the K Mart Parking Lot for a nine -month period, through November 15, 1976. APPROVAL FOR ELECTRICAL INSPECTOR TO ATTEND CONFERENCE The Board received a request from Forrest West, Building'Commzssioner, for approval of attendance by.Charles Crabill, Chief Electrical Inspector, at the International Association of Electrical Inspectors REGULAR MEETING FEBRUARY 2, 1976 Annual Meeting in Indianapolis on February 4, 5 and 6, 1976. Upon motion made by Mr. Farrand, seconded by Mr.., Brunner and carried, the request was approved. RESOLUTION NO. 4 ADOPTED - LOGAN STREET IMPROVEMENTS A resolution authorizing street improvements on Logan Street was submitted to the Board by Mr. Farrand. He noted that this project is a joint project with the City of Mishawaka. Because of the environmental impact study and the state requirements, this project is three to five years away but he said this resolution authorizes the design stage of the U50,000, oject. The preliminary cost of the total project is estimated at with the design cost at $60,000. Cole Associates,•Inc. will do the design work. Mr. Farrand said that federal funds would pay 70% of the cost and the remaining 30% would be split between the City of South Bend and the City of Mishawaka. Upon motion made by Mr. Farrand, seconded by Mr. Mullen and carried, the following resolution was adopted: RESOLUTION NO. 4 WHEREAS, the Board of Public Works has found it necessary in the best interests of the public safety and welfare to construct certain street improvements on Logan Street from t e,. Grand Trunk and Western Railroad north to Bulla Street, and WHEREAS, the improvements to the aforesaid -street are compatible with the Urban Area Transportation Study, and WHEREAS, the costs for these improvements are to be prorated between Federal Aid Urban Funds and the Local Roads and Streets Fund, and WHEREAS, the Board of Public Works has the authority to make such improvements as provided by the Acts of the General Assembly (I.C. 18-1-6-15 and others), NOW, THEREFORE, BE IT RESOLVED that the Board of Public Works orders the Department of Public Works to prepare the plans, specifications and cost estimates, secure the necessary right- of-way, easements, permits and appropriations, and to seek bids for and construct the improvements on Logan Street from the Grand Trunk and Western Railroad north to Bulla Street. BOARD OF PUBLIC WORKS s/ Rollin E. Farrand s/ Thomas J. Brunner, Jr. s/ Peter H. Mullen ATTEST: s/ Patricia DeClercq, Clerk Dated this 2nd day of February, 1976. CONSULTANT CONTRACTS FOR LOGAN STREET REFERRED FOR REVIEW Mr. Farrand submitted six copies of an Agreement with Cole Associates, Inc. for the design work for the Logan Street improvements to the Board. Ile said that he had worked on the agreements, using the Indiana State Highway format and they have been reviewed by the City of Mishawaka. Mr. Farrand said the agreement has had preliminary review by the State and meets their requirements. Fie then made a motion that the agreements be approved. Mr. Brunner said, in view of the length of time which would probably elapse between now and the construction, he would like to delay action for one week in order to review the agreement. Mr. Farrand said he had no objection to a week's delay in the matter. The contracts were referred to the City Attorney for his review and signature and will then be submitted to the Board for approval-. 1 REGULAR MEETING FEBRUARY 2, 1976 MEETING OF FEBRUARY 16 RESCHEDULED February 16, 1976 is a holiday offices will be closed. Upon by Mr. Mullen and carried, the for Tuesday, February 17, 1976 for City employees and all City motion made by Mr.Farr.and, seconded meeting of that date was rescheduled at 9:30 a.m. CERTIFICATES OF INSURANCE FILED Certificates of Insurance for Rieth Riley Construction Company, Inc., Cole Associates, Inc. and Cole Associates of.Michigan, Inc. and Morse Electric Company, Inc, were submitted to the Board. Deputy City Attorney Kathleen Cekanski reviewed the certificates and recommended that -they be filed with the Board. Upon motion made by Mr. Farrand, seconded by Mr. Mullen and carried, the Board . filed the certificates. STREET LIGHT OUTAGE REPORT FILED The Street Light Outage Report for the period of January 27 through,. 31 was received. Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the report was ordered filed. REPORT ON GASOLINE BIDS Deputy City Attorney Kathleen Cekanski reported to the Board that the Legal Department was researching the matter of the bids sought for gasoline and petroleum products in the light of the conflicting rulings that the City must seek bids since they require more than 85,000 gallons per year and the Federal Energy Controls which require that municipalities which require more than 85,000 gallons per year must stay with their present suppliers. Miss Cekanski said the Legal Department has requested a ruling from the Attorney General of the State of Indiana and will advise the Board when that ruling has been received. There being no further business to come before the Board, upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the meeting adjourned at 10:45 a.m. 4.o lE. in Farrand ATTEST: Patricia DeClercq, Cle