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HomeMy WebLinkAbout03/29/76 Board of Public Works MinuitesREGULAR MEETING MARCH 29, 1976 I1 A regular meeting of the Board of Public Works was convened at 9:30 a.m, on Monday, March 29, 1976 by President Rollin Farrand with Mr. Farrand, Mr. Brunner and Mr. Mullen present. Deputy City Attorney William-P. Stanley was also present. 14INUTES OF PREVIOUS MEETINGS APPROVED Mr.. Farrand noted that the minutes of the meeting of March 15 had been corrected regarding the maximum charge to be made for parking in the Jefferson Street garage and he made a motion that the minutes be approved as corrected. The motion was seconded by Mr. Brunner and was carried. Mr. Farrand reported that the minutes of the March 22 meeting had been reviewed and he made a motion that the minutes be approved as submitted. The motion was seconded by Mr. Mullen and carried. RECOMMENDATION TO AWARD BID FOR STREET MATERIALS TABLED The Board received a recommendation from John Baumgartner, Assistant Street Superintendent, that all bids for the Bureau of Streets Materials for 1976, as received last Monday, be accepted. Mr. Farrand noted that this is the policy which has been followed by the Board in past years and allows the Bureau of Streets to go to the second low bidder, in the event they cannot get delivery from the low bidder. Mr. Farrand said in the past there has been a very small difference between the low and second low bidder. However, there is more of a difference this year between Walsh and Kelly, the low bidder for patching material, and Rieth-Riley Construction Company, the second low bidder. Mr. Farrand pointed out that Rieth-Riley has two plants and might be able to provide material in the event Walsh and Kelly could not. Mr. Mullen suggested that the purpose of competitive bidding might be defeated if this procedure were adopted and all bids accepted. Mr. Brunner suggested that the Board review all the bids and look into the matter of the differences between the low and second low bidders. Mr. Farrand made a motion that the Board table the recommendation to accept bids and refer the bids to the Division of Engineering for preparation of a bid tabulation and review. Mr. Mullen seconded the motion and it was carried. Gene Evans, Civic Planning Association, was present and informed the Board that he had prepared a bid tabulation and he provided them with a copy. PUBLIC HEARING - VACATION RESOLUTION NO. 3426 This being the date set, hearing was held on Vacation Resolution No. 3426 for the vacation of the east -west alley west of Lafayette Boulevard, between Navarre and Marion Streets, from the west right-of-way line of Lafayette Blvd. west 165 feet to the east right-of-way line of the north -south alley west of Lafayette Blvd. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri-County News which were found to be sufficient. Mr. Farrand informed the Board that a public hearing on this vacation was held by the Area Plan Commission on February 17, 1976. Ile read the following excerpt from the minutes of that meeting: "Upon a motion by June Stratton, being seconded by Daniel Chrzan and carried, with Joseph Serge, Paul Klein and Thomas Allen voting "Nay", the petition to vacate the east -west alley lying between Lots 363 and 364 as shown on the original plat of the Town now City of South Bend, extending west from the west line of Lafayette Boulevard, to the east line of the first north -south alley west of Lafayette Boulevard, City of South Bend, is returned to the Board of Public Works with a favorable recommendation by the Area Plan Commission". Attorney Bruce Bancroft spoke in favor of the vacation, representing the petitioners, the Houser Medical Corporation. Mr. Bancroft said the petitioners own the property on both sides of the alley for which they are petitioning vacation. The property is owned by three physicians. Mr. Bancroft said Dr. Houser was present this morning. Mr. Bancroft submitted to the Board, as Exhibit A, the consent of the property owners who own the property on both sides of the alley for this vacation, and, as Exhibit B, a copy of the Sidwell map showing the alley to be vacated. Mr. Bancroft noted that if this REGULAR MEETING MARCH '29, 1976 alley is vacated, it will eliminate a "T"'alley intersection,. Mr. Bancroft said it.should be noted that there was a public° hearing held on this vacation before the Area Plan Commission and the Commission approved the petition by a nine to three vote. He said there were four property owners present at the Area Plan Commission hearing who spoke against the vacation. One of the objections being r:aks-:ed was that the alley is presently being used.. He said anyone driving a Ford LTD or station wagon or even a Volkswagen could not make the turn from this alley into the north -south alley without trespassing on private property. Mr. Bancroft said another objection noted was that there are garages on the alley. He displayed photos to the Board which indicate that only the sides of garages face this alley, there are no garage entrances off this alley. Mr. Bancroft displayed a site plan of the building constructed on the premises. He said the vacated alley would be used to provide access to parking spaces. He said the petitioners are providing eighty per cent more parking spaces than are required. Mr. Bancroft said the site plan has been approved by the Traffic Department and Drainage Department of the City. He said the construction of this building and the demolition of other structures in the area will do much to enhance the tax base of the City and will generate as much as three times more tax revenue. Mr. Bancroft said, since Lafayette Street is a one-way street going north, some people like to use this alley to go to Marion Street or Navarre Street. They are using the alley as, a public thoroughfare and this is not a good condition. Mr. Bancroft said it is the position of the petitioners that the vacation of this alley is in the public benefit and that it should be granted. He said the. petitioners are willing to allow the people to use the alley provided they do not abuse the privilege. He said a school bus stops at this alley to let children off and they are willing to allow the bus to load and unload children there. Mr. Bancroft said Dr. Houser would be glad to answer any questions. Mr. Brunner asked Mr. Bancroft if the alley could still be used by vehicular traffic if it was vacated. Mr. Bancraft said the petitioners are willing to allow the neighbors to continue using it. Mr. Brunner asked if the shielding of the parking area would be in conformity with all zoning regulations. Mr. Bancroft displayed landscape plans for the site and said there would be a five-foot hedge to shield the parking area. Mr. Brunner asked if the Board had Mr. Bancroft's assurance that all aspects of the zoning regula- tions would be complied with.. Mr. Bancroft answered "Yes". Mr. Mullen asked Mr. Bancroft if cars from the parking area would drive directly out to the north -south alley. Mr. Bancroft said exit from the parking spaces would be to the alley to be vacated and they anticipate that entrance to the parking spaces will be from Lafayette Street. Mr. Farrand asked if there were any other persons present who wished to speak in favor of the petition. There were none. Mr. Farrand asked if there was anyone present who wished to speak against the proposed vacation. Mr. Patrick Brennan, 215 W. Marion Street, identified himself as a property owner in the area. Mr. Brennan said property owners appeared at the Area Plan Commission hearing and presented a petition with thirty-four signatures against the vacation. He said they now have forty signatures on the remonstrance petition. Mr. Brennan said this is just a land grab. He said these people have acquired the property on both sides of this alley and now they want to close it to the people who use it and need it. Mr. Brennan said this would be the same as if the people on the north -south alley would ask to close it. He said the north -south alley is known as Sharon Place and is used a great deal. Mr. Brennan said Dr. Houser spoke to some area residents and painted a picture of REGULAR MEETING MARCH 29, 1976 beautiful landscaping; and soe'forth.` Mr; Brennan said there was a large shade tree in the back of the property and Dr. Houser had said that tree would remain. The tree is now gone. Mr. Brennan said Dr. Houser might tell the people now that they could continue to use the alley, but he could change his mind after it was vacated. Mr. Brennan said he felt that this alley was worth eight to ten thousand dollars. Mr. Brennan displayed to the Board an abstract prepared by Dan Warren in 1962 which included a survey of the area around this alley. Mr. Brennan said, at the Area Plan Commission hearing, Mr. Molnar had said there were no utilities in the alley and that the staff of the Area Plan Commission could see no problems with the vacation. Mr. Brennan said there are high tension wires in the area'and he displayed photographs of these wires to the Board. Mr. Brennan said that some Councilmen had been contacted and that Councilman - at -Large. Richard Dombrowski is out of the City today but has submitted the following letter: "The Board of Public Works Gentlemen: As a member at large of the Council, I toured the Lafayette, Marion, Navarre and Sharon Place neighbor- hood where there is.a petition to close the east -west r„a alley. In my opinion the vacation of this alley will only W complicate the traffic pattern, will certainly enrich the petitioners to the detriment of the City and neighbors, and can in no way benefit the public. Therefore, I most respectfully suggest that the alley in question be kept open for everyone to use. I shall be away for the next few days, otherwise I would have presented this view to you in person. Very truly yours, s/ Richard C. Dombrowski if Mr. Brennan then noted that Mr. Wilborn, a property owner who conducts a business in the area, had purchased property in order to provide parking for his customers. Mr. Brennan said it was his feeling that, when earlier alleys were vacated in the area, they had not considered there would be one-way streets in.the area He said without using this alley residents will have to go down to Madison Street or to Navarre Street. He said that he drove the area this morning and the alley was blocked. Mr. Brunner asked how it was blocked. Mr. Brennan said there was a back hoe and a dump truck in the alley. Mr. Brennan noted that other.property owners in the.area oppose the closing but are not able to be present this morning, including Mr. Wilborn, Mr. Stratigos and Mr. Horan. Deputy City Attorney William Stanley asked Mr. Brennan how many residents use this alley on a regular basis. Mr. Brennan said he could not give an exact number but he mentioned several residents who use the alley and who own more than one car. Mr. Brennan•.. said he felt that the alley should stay open for the use of the people. Fred Allin, 319 W. Navarre Street, spoke to the Board and said he would like to know why the petitioners did not have the alley vacated before they built their building. Mr. Allin said his son owns property near this alley and uses the alley, as do other people in the area. He said this is nothing but a land steal and should not be permitted. Mr. Brennan said, in regard to the statement that people driving an LTD could not make the turn from this alley, he knows of at least one property owner who drives a Cadillac who does make that turn. REGULAR MEETING MARCH 29, 1976 Velma Miller, 319 W. Marion Stre,et,= said 4.he owns a boat which is kept in a garage in the area and if this alley is closed she does not know how they will get the boat out of the garage and onto the street. Mr. Farrand asked Mr. Bancroft if he wished to make any additional comments. Mr. Bancroft said, in answer to the statements that this is a land grab, the petitioners will be paying taxes on the property when it is no longer a public alley. He said it will increase the.tax base in the area. He said the petitioners are willing to allow the neighbors to use the alley. In reference to the electrical lines, Mr. Bancroft said there are no lines in the alley. There are some lines running parallel to the alley on the petitioner's property. The I & PZ Electric Company ,wanted $7,000 to move those lines and the petitioners chose not ,to have them moved. He said the I & M Electric Company does have a utility easement in the alley and that will remain. Mr. Bancroft said, if the neighbors abused the use of the alley, the petitioner might then restrict the use of it. He said residents who use the alley can continue to make use of it in a responsible manner. Mr. Bancroft said the petitioner's building is already constructed. They feel that this alley should be vacated and that the benefits far outweigh any detriment to the closing. Ile noted that the Area Plan Commission did recommend the petition favorably to the Board of Public works by a nine to three vote. Mr. Farrand submitted the following written comments from Councilman Joseph Serge to be entered into the record: "There are two power lines going over the alley they are trying to vacate. Pictures were taken yesterday to show this. This is a valuable piece of property and the petitioner should purchase the alley from the City and should not be given the piece of property free of charge for his own purpose. The building does not match the area in architecture. The area is a historical preservation area and the building is of modern -design. The builder of the new building should have taken all of this into consideration before beginning construction. Residents have a petition in - that area for the alley not to be closed and I feel we should go along with the people. Joseph Serge, 1st District Councilman " Mr. Farrand said he would like to clarify several statements made. He said this petition was, as a routine procedure, reviewed by the Engineering Department to determine utility easements in the area. The petition was- then reported back to the Board so that it could be referred to the Area Plan Commission for a hearing. Any action taken by the Board to vacate this alley would be subject to the existing utility easements in the area. In regard to the use of the alley, Mr. Farrand said the petitioners have indicated the residents will still have use of the alley if the vacation is granted. However, the petitioners would have the right to close the alley if it is vacated. Mr. Farrand said he has driven the alley and there is no question that to make the turnat the alley intersection, you cannot stay on the alley right-of-ways, but must encroach on private property. Mr,. Farrand noted that a vacated alley does go on the property tax rolls and is assessed against the abutting property. Mr. Mullen said, in view of the information brought out in this hearing, he would like to take a look: at the alley in question and review the materials furnished to the Board. Mr. Brunner made a motion that the Board table the matter for two weeks to allow Board members to check the area, to review the minutes of the.Area Plan Commission hearing and to review the comments made this morning and to evaluate all the information before acting on the vacation. The motion was seconded by Mr. Mullen and carried. 1 REGULAR MEETING MARCH 29, 1976 TITLE SHEET SIGNED AND BID ADVERTISING APPROVED MODEL CITIES SEWER SEPARATION PROJECT The Title'Sheet approving the plans for the Model Cities Sewer Separation Project was submitted to the Board. Mr. Farrand informed the Board members that this project covers an area roughly bounded by Johnson Street, Orange Street, Bendix Drive, Walnut Street and Washington Street. The Council has approved a resolution authorizing the City to accept a grant from HUD covering 25G of each dollar cost, with the remaining money to come from the Cumulative Capital Improvement Fund. Mr. Farrand said the total project cost is on the order of 2.3 million dollars. Mr. Farrand then made a motion that the Board sign the Title Sheet approving the plans for the Model Cities Sewer Separation Project and authorize the advertising for bids for the project, with sealed bids to be received on April 26, 1976. The motion was seconded by Mr. Mullen and carried. ADOPTION OF IMPROVEMENT RESOLUTION NO. 3427 Preliminary plans, an engineer's estimate and the improvement resolution for the construction of sidewalks on Miami Road, the east side, from Kensington Farms to Jackson Road. Mr. Farrand said the Board had received a petition requesting that sidewalks be'constructed in the area and had initiated -preliminary work. The estimated cost of the project is $44,505.00. The project would be a Barrett Law project, with the cost of construction to be borne by abutting property owners. Mr. Farrand said that if one more than fifty per cent of the property owners remonstrate against the project, they can stop it. Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the Board filed the preliminary plans and engineer's estimate and adopted the following resolution: IMPROVEMENT RESOLUTION NO. 3427 BE IT RESOLVED, by the Board of Public Works of the City of South Bend, Indiana, that it is deemed necessary to improve Miami Road, from the south property line of Lot 11, Kensington Farms Subdivision, lst Section, to Jackson Road by constructing sidewalks on the east side, and such improvement is now ordered. The same to be done in accordance with the drawings, general details and specifications for such improvement placed on file in the office of the Board of Public Works on March 29, 1976 and to be adopted by the Board of Public Works of the City of South Bend, Indiana, immediately upon the final adoption and confirmation of this resolution. The total cost of said improvement, including all incidental costs such as advertising, right-of-way acquisition, and engineering, shall be assessed upon the real estate abutting on said sidewalk to be constructed, in accordance with applicable statutes. The said improvement is to be financed and paid for as provided in Chapter 40, of the Acts of 1952 as amended (1971 I.C. 18-6-3). Assessments, if deferred, are to be paid in five (5) equal install- ments, with interest at the rate of six (6) per cent per annum. The 26th day of April, 1976 at the hour of 9:30 o'clock, A.M. Local Time, is hereby fixed as the time, and the office of the Board in said City as the place, when and where all persons whose property may be affected by such proposed improvement may be heard as to the necessity for the same, and all petitions and remonstrances received. The Board will, on said day, decide whether the benefits accruing to abutting and adjacent property and to the City of South Bend, Indiana, will be equal to or exceed the estimated cost of said 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. REGULAR NEETING Adopted March 29, 1976 MARCH 29, 1976 s / Rollin E , Farrand s/ Thomas J. Brunner, Jr. s/ Peter H. Mullen Notice of Hearing Published on April 2, 1976 and April 9, 1976 s/ Patricia DeClercq, Clerk STREET SERVICES APPROVED The Board received a recommendation from Deputy City Attorney William Stanley that the request of Clarence Hardin to conduct street services at Washington and Walnut Streets had been reviewed and could be approved, provided the services are conducted on a private lot and that they cause no obstruction to traffic. Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, The Board approved the request'of Clarence Hardin to conduct street services at 12:00 noon, Tuesday through Saturday, from P-larch 29 through November 22, 1976, on a private lot at the corner of Washington and Walnut Streets. This approval is subject to there being no"obstruction to vehicular or pedestrian traffic in the area. Should problems arise, the approval will be rescinded. GARAGE SALE APPROVED-- JUNE 5 - COLFAX PARKING GARAGE Deputy City Attorney William P. Stanley reported to the Board that he had reviewed the request of Douglas Simpson, Director of River Bend Plaza, to hold a'Garage Sale in the Colfax Parking Garage on June 5. Mr. Stanley recommended approval of the request with the stipulation that a reasonable amount be paid to the City for the use of the garage, in compliance with the bond ordinance. Mr. Farrand noted that they will be charged $50.00 for the use of the garage. Mr. Simpson was present and advised the Board that they plan to use the first three floors for parking, with the sale to be conducted on the upper floors. He said participants will be charged a fee'to cover the cost of liability insurance and he is presently working with Ralph Muszynski regarding this coverage. Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the Board approved the garage sale with the stipulation that a $50.00 fee be charged for the use of the garage and that sufficient liability insurance be obtained. HORSE DRAWN WAGON RIDES APPROVED FOR ETHNIC FESTIVAL The Board had under advisement a request to provide free horse drawn wagon rides during the Ethnic Festival, June 3," 4 and 5. Deputy City Attorney William Stanley reported that he had reviewed the request and recommended approval, providing the owner of the wagon provides sufficient liability insurance coverage. Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the Board approved the request, subject to approval of the route to be used by the Bureau of Traffic and Lighting and to the filing of liability insurance. PETITION FOR SIDEWALKS ON NORTHSIDE BOULEVARD FILED A number of petition forms were submitted to the Board by Professor Thomas Cassidy of Indiana University at South Bend. The petitions request the construction of sidewalks on the north side of Northside Boulevard, from Greenlawn Avenue to the Farmer's Market. Upon motion made by Mr. Farrand, seconded by Mr. Mullen and carried, the petitions were filed and referred to the Legal Department for a review of the petition signatures, and since there are no addresses listed, to see if this is a valid petition. 1 249 REGULAR MEETING 14ARCH 29, 1976 RIVER BEND PLAZA APPLICATIONS APPROVED Douglas Simpson, Director of River Bend Plaza, submitted to the Board the following applications for Spring Celebration Week on the Plaza, April to 10, with his favorable recommendation: A. Spring Celebration Week, April 5 to 10, including various displays of golf, tennis, a style show, musical events. B. Coquillard Woods Garden Club, Display only, April 10 C. Samuel Shapiro Chess Exhibition, Display only, April 10 D. Sonneborn's Sport Shop, Display only, April 10 E. Outpost Trading Company, Display only, April 10 F. County Extension Agent, Display only, April 10 G. City of South Bend Recreation Department, Display only, April 10 H. The Plant Market, Non -Food Merchandise, April 10 Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, Items A through G were approved and the application of The Plant Market was approved, subject to securing the proper vendor's license and securing liability insurance. REQUEST TO DISPLAY STEAM ENGINE ON RIVER BEND PLAZA APPROVED Douglas Simpson, Director of River Bend Plaza, submitted a request Cto the Board from Larry Mitchell who would like to drive his L, restored steam engine from 24805 State Road #2 to the Plaza on CC Saturday, July 3 and to leave it on display through July 4. Giz 'The vehicle is equipped with rubber tires. Mr. Mitchell noted that he would require water on Saturday and asked whether the South Bend Fire Department could supply water to him on the Plaza. Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the request was approved, subject to the owner furnishing liability insurance and to all state and local regulations regarding such vehicles on public thoroughfares. Mr. Mitchell is to be advised that he should contact the Fire Department in regard to the request for water. AMENDED LEGAL DESCRIPTION FILED - PETITION TO VACATE A PORTION OF BRYAN STREET - SOUTH BEND COMMUNITY SCHOOL CORPORATION Attorney Bruce Bancroft, who filed with the Board the petition of the South Bend Community School Corporation for the vacation of a portion of Bryan Street and certain alleys, submitted an amended legal description for the petition to correct an error in the original description. Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the amended legal description was filed and will be forwarded to the Division of Engineering. COMMUNITY GARDENS APPROVED The Board received requests from Mrs. J. Amador to use the city - owned lot at 1318 S. Rush Street for a garden and from Mr. I. J. Crandall to use the city -owned lot at 922 W. Calvert Street for a garden. Both applicants have signed the garden form agreeing to all provisions and releasing the City from any liability. It was noted that approval for gardening was subject to revocation if the lots were offered for sale this summer. Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the requests were approved. BOND APPROVED Ray S. Andrysiak, Bureau of Engineering, reported to the Board that a Continuation Certificate for the Contractor's Bond of D & L Construction Company was in order and could be approved to May 19, 1979. Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the bond was approved to the date listed. 5U REGULAR MEETING MARCH 29, 1976 BOND RELEASED - N APTD S CONSTRUCTION COMPANY Ray S. Andrysiak, Bureau of Engineering, reported to the Board that the Surety Company had requested cancellation of the bond filed by N and S Construction Company. Mr. Andrysiak said he had reviewed the bond and recommended it be released. Upon motion made.by Mr. Farrand, seconded by Mr. Mullen and carried, the Board released the bond of N and S Construction Company, effective March 29, 1976.. STREET LIGHT OUTAGE REPORT FILED The Street Light Outage Report for the period of March 22 through 26 was received. There were 19 outages reported. Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the report was ordered filed. 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 11:10 a.m. Rollin E. Farrand ATTEST: ,Z)-t- Patricia DeClercq, Clerk