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HomeMy WebLinkAbout06/28/76 Board of Public Works Minutes3 REGULAR MEETING JUNE 28, 1976 A regular meeting of the Board of Public Works was convened at 9:30 a.m, on Monday, June 28, 1976 by President Rollin Farrand with Mr. Farrand and Mr. -Brunner present.. Deputy City Attorney Georgia Luks was also present. MINUTES OF PREVIOUS MEETING -APPROVED Mr. Brunner reported that the minutes of the previous meeting of June 21 had been reviewed and he made a motion that they be approved as submitted. Mr. Farrand seconded the motion and it carried. Mr. Farrand noted that the application of the Right to Life Group for the Ethnic Festival was tabled at the regular Board meeting pending a review of the application. A special meeting was held on June 24 to approve that application. Mr. Farrand made a motion that the minutes of -the special meeting be approved as submitted. The motion was seconded by Mr. Brunner and carried. OPENING OF BIDS - SALE OF BOMB DISPOSAL TRUCK This was the date set for receiving bids for the sale of the Bomb Disposal Truck by the South Bend Police Department. The Clerk tendered proofs of publication of notice in the South Bend Tribune and Tri-County News which were found to be sufficient. The following bids were -opened and publicly read: Bid of Michael Bennett - $151.50 53648 Kennedy Granger, Indiana This was the only bid received. Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the bid was referred to the Bureau of Police for review and recommendation. NOTICE OF RATE CHANGE SOUTH BEND PAP.KING COMPANY The South Bend Parking Company not:ifi_ed the Board that they are changing the rate charged:at the lot located at 306 South Michigan Street, with the following rate's to go into effect: Up to 1 hour - $.50 Two Hours .70 Three Hours .90 All Day 1.00 Evening Rate .60 (after 5:30 p.m.) Mr. Brunner requested that the rate change notification be referred to the Legal Department for their review as to the responsibility of the•City in this area. Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the notification was filed and referred to the Legal Department for review and recommendation. REPORT - ANGELA BOULEVARD DESIGN Rollin E. Farrand, Director, Department of Public Works, submitted to the Board a report on the study made on the Angela Boulevard problem. The Board has received numerous complaints regarding the condition of the Angela Hill, the steep grade and sharp curve, which. has resulted in vehicles jumping the guardrail placed by the property owner at the bottom of the hill. The Department of Public Works prepared a design that would provide a positive solution to the problem. The design would involve the taking of the property on the inside of the curve. The estimate for this design, including right-of-way acquisition, is approximately $210,000. Mr. Farrand's report con- cluded that if this proposal is accepted, the Department of Public Works will include this project in the next Capital Improvement Program. Construction is not anticipated before 1978 or 1979. Design will be accomplished by the Bureau of Public Construction and the REGULAR MEETING JUNE 28, 1976 Bureau of Design and Administration. Mr. Farrand was asked if consideration had been given to moving the street west of the existing hill to existing right of way there and making a link with the street at the bottom of the.curve. Mr. Farrand said there had not. He said that right-of-way is partly railroad right-of-way, lie also indicated that the necessary right-of-way acquisition is included in the estimated cost. Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the Board approved the recommendation. REPORT - ENCROACHMENT AT 807 N OLIVE Rollin E. Farrand, Director, Department of Public Works; advised the Board by letter that the matter of a fence encroachment at 807 N. Olive Street, on property owned by Benedict Leyba, had been before the Board last fall. The Board, at that time, determined that this was an encroachment and concurred with a complaint that the fence did restrict sight distance and impose a safety hazard at the intersection of Olive and Prast. The attorney for the owner had called attention to other sites in the city where the same situation was alleged to exist and the Board took the matter under advisement. The City has investigated many of the sites and determined that, in large part, these are sites where the property owner is, in fact, on his own property. Mr. Farrand recommended that the Board notify the property owner that this matter will be discussed at a public hearing and that the Board consider requiring.the property owner to relocate the fence away from the sidewalk line, so that r" visibility will not be impaired and the fence will not pose a potential hazard to pedestrians. Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the recommendation was approved and the Board set the matter of the fence encroachment at 807 N. Olive Street for a hearing on Monday, July 12 at the regular meeting of the Board. REQUEST TO BLOCK ASSUMPTION DRIVE RECEIVED The Board received a request from Ted Cichos to block a portion of Assumption Drive on August 15 for a Festival. Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the request was referred to the Bureau of Traffic and Lighting for review and recommendation. TENT SERVICES APPROVED - 215 N. JOHNSON The Bureau of Traffic and Lighting and the Building Department reviewed the request of the Berean Seventh Day Adventist Church to conduct tent services at their property through July and August. Both Departments recommended approval subject to the tent meeting all requirements of the Building Department and Fire Inspection Bureau. Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the Board approved the tent services, subject to compliance with all regulations of the Building Department and Fire Inspection Bureau. HANSEL CENTER PARADE APPROVED The Bureau of Traffic and Lighting reported to the Board that the request of Hansei Center to stage a parade on July 3 from Hansel Center to the River Bend Plaza had been reviewed. Mr. Wadzinski recommended that approval be given subject to the time and route of the parade being determined by Captain Sweitzer of the Traffic Detail. The Certificate of Insurance has been filed. Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the Board approved the parade, subject to approval of the route and the time by the Police Department Traffic Bureau. REGULAR MEETING J NE 28 1976 REPORT - PRAIRIE AVENUE SPEEb'LIMITS Ralph Wadzinski, Manager of the Bureau of Traffic and Lighting, submitted the following report to the Board "During the week.of June 21, both volume coup s and speed checks were taken. The volume counts, due to malfunctioning equipment, were inconclusive nd will be recounted this week. A 313 vehicle speed check was taken. It rev, below: 85 percantile speed of 55 MPH Average speed of 48 MPH 10 MPH pace of 44-53 MPH The posted limit is 45 MPH It appears that enforcement by the County or is suggested. led the State Police The request for a reduced speed limit from 4 MPH to 30 14PH will be forwarded, accompanied by the fi dings of this Bureau, to the LaPorte Indiana State Highway Commission for possible further action. It appears, howeve , that a 30 MPH limit would be unreasonably low based upon the 85th.percentile speeds shown.. s/ Ralph Wadzinski) " Upon motion made by Mr. Farrand, seconded by Mr. Erunner and carried, the report was ordered filed. BLOCK PARTY APPROVED - SUNNYMEDE AVENUE Ralph Wadzinski, Manager of the Bureau of Traffic and Lighting, reported to the Board that he had reviewed the request to block the 1300-1400 blocks of Sunnymede Avenue on July 9 from 5:00 p.m. to 12:00 p.m. for a block party. A rain date of June 10 was requested. Mr. Wadzinski said he had conferred with Captain Sweitzer of the Police Department Traffic Detail d thev concur that approval can be given. Upon motion made by Nr. Farrand, seconded by Mr. Brunner and carried, the block party was approved, subject to the filing of the necessary Certificate of Insurance. REPORT - TARKINGTON PARK Ralph Wadzinski, Manager of the Bureau of Traffic and Lighting, reported to the Board that he had reviewed the co laints received regarding vehicles and motorcycles cutting throug the Tarkington Park area on the sidewalk. He said it appears thi3 traffic is short cutting from Cabot to the driveway behind th school. Mr. Wadzinski said signage is not the answer and r commended that a barrier of 4" pipe with an opening wide enough f r bicycles be erected at each end of the sidewalk in question Captain Kolber of the Police Department was present and said offi ers were assigned to the area every night last week. He sa d reports have been filed by the officers and he will present the reports to the Board. Captain Kolber said on Monday there were e even tickets issued and it appeared that some people living in he area were ticketed. The following day, three tickets were i sued and one individual on.a. motorcycle and one boy on a minibi e were warned that they were violating the law and should not be using the sidewalk. The third day there was one ticket issu d. Some cars were observed parked on the grass. Captain Kolber said the officers REGULAR MEETING JUNE 28. 1976 would continue to give the_.area..attention to try to keep the violations down. Mr. Farrand said it appeared that enforcement had been effective in'reducing the problem. Residents of the area were present'and suggested that the slow down in the number of tickets issued was due to the weather, because of the rain during the latter part of the week. They also indicated that people tend to observe the law while the police are around and then continue to break the law when the police leave. Mr. Farrand said he would suggest that enforcement procedures be continued and Mr. Wadzinski will be directed to work with the Park Department and Community School Corporation toward the end of putting up some barricades to reduce the motorists ability to get onto the sidewalk. Mr. Farrand-assured the citizens present that the Board would continue to work toward a solution to the problem, through the Police and Park Departments and the Bureau of Traffic and Lighting. There was a discussion regarding the posting of signs "Motor Vehicles Prohibited". Mr. Farrand said such signs have not proven to be that effective. Upon motion made by PZr. Farrand, seconded by Mr. Brunner and carried, the reports were ordered filed and Mr. Wadzinski was directed to work with the Park Department and/or School Corporation to get barricades of some kind installed at the ends of the sidewalk. SOLID WASTE PICK UP SCHEDULE ANNOUNCED FOR,TJEEK OF JULY 5 Mr. Farrand announced the following schedule for solid waste pick-up for the week of July 5th. The Bureau of Solid Waste will not operate on Monday, July 5, 1976. Each route will be picked up AO one day late during the week; i.e., Monday will be picked up on Tuesday, and so on, until Friday's route is picked up on Saturday. Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the schedule was ordered filed. RIVER BEND PLAZA APPLICATIONS APPROVED The following River Bend Plaza applications were submitted to the Board with the favorable recommendation of Douglas Simpson, Director: A. St. Joseph Bank & Trust Compajy - Display of Declaration of Independence on the Plaza from June 28 through July 5. Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the application was approved. B. Ethnic Festival - July 3, 4 and 5. 1. Chamber of Commerce - Display Booth with petition forms for Airport Expansion Project. 2. Nan Barkdull, Sales Booth - Photo Buttons 3. East Side Little League - Orange Drink 4. John Van Dyke, Wood Carver - Sales Booth Mr. Brunner said the Legal Department has formulated some guidelines for the Ethnic Festival. Some of these groups would not be able to qualify under the guidelines. In light of the lateness with which the Board is adopting guidelines, Mr. Brunner said he would think it inappropriate to promulgate them now. He said he would have no objection to applications which have a theme in keeping with the Ethnic Festival. Next year guidelines will have been adopted so that only those groups who can meet the criteria of the guidelines will have booths for the Ethnic Festival. Upon motion made by Per. Farrand, seconded by Mr. Brunner and carried, the applications listed above were approved for the Ethnic Festival, subject to the filing of the necessary Certificates of Insurance. Vince Phillips was present and asked the Board why the application of Betty DeVoe was denied by the Board last week. He said she wanted a booth for the Ethnic Festival and was going to register REGULAR MEETING JUNE 28, 19 7 6 voters and sell cotton candy from the booth. Mr. Brunner said it was the understanding ofthe'Board that the application was for a booth for political fund raising purposes and,'for that reason, it was denied. It was pointed out that the application was for Sunday, June 27 and the product mentioned was balloons. SIGNING OF CONTRACT - CONTRACT 1, CURB AND SIDEWALK IMPROVEMENTS The contract with Rieth Riley Construction Company, successful bidder for Contract 1, Curb and Sidewalk Improvements, was sub- mitted to the Board, along with the performance bond. Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the Board approved and signed the contract and the performance bond. ADOPTION OF RESOLUTION NO. 19 Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the following resolution was adopted: RESOLUTION NO. 19 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 it now finds that certain of the parcels of real estate now owned by the City are not necessary to the public use and 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 it possible 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 Deed Number 217 N. Walnut 817 923 E. Bowman 823 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 28th day of June; 1976. BOARD OF PUBLIC WORKS s/ Rollin E. Farrand s/ Thomas J. Brunner, Jr. ATTEST: s/ Patricia DeClercq Clerk REGULAR MEETING JUNE 28, 1976 LJ' i REQUEST TO PURCHASE CITY-OWNED,LOT AT 748 DIAMOND The Board received a letter from Robert Pallas expressing an interest in purchasing the city -owned lot at 748 Diamond Avenue. The letter was, upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, filed and referred to the Department of Public Works, the Department of.Redevelopment and the Park Department for their review,as to any need by the City to retain the lot. VACATION RESOLUTION NO. 3388, 1973 CONFIRMED The hearing on Vacation Resolution No. 3388, 1973 for the vacation of the northwest -southeast alley between George Avenue and Marietta Street north of the Cooper Bridge right-of-way from.the bridge northwest to the south right-of-way line of the first southwest -northeast alley between Lots 14 and 15 of Frantz 2nd Addition and Lot 15 of Frantz 3rd Addition,,City of South Bend, had been tabled. Petitioner Roland Goheen had agreed, at the Board's reauest to furnish Isaiah Steed. a property owner who had questioned whether t him access to his garage, with a letter permi Goheen's property. Mr. Goheen did write suer transmitted to Mr. Steed on May 7, 1976, wits Steed advise the Board if the letter satisfie response was received to the letter. On June letter was sent to Mr. Steed, again transmitt Goheen and advising him that if the Board hac Steed within fifteen days, they would assume was satisfactory. The letter was sent to Mr. and a receipt for delivery of the letter has Upon motion made by Mr. Farrand, seconded by the Board confirmed Vacation Resolution No. 3 to the Department of Engineering for preparat Roll. STREET LIGHT OUTAGE REPORT FILED he vacation would leave tting him to use Mr. a letter and it was the request that Mr. d his objections. No .7, 1976 a certified ing the letter from Mr. no response from Mr. that Mr. Goheen's,letter Steed by certified mail been received by the Board. Kr. Brunner and carried, 388, 1973 and referred it ion of the Assessment - The Street Light Outage report for the period of June 21 through 25 was received. The report indicated 15 outages. Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the report was ordered filed. ESCROW AGREEMENTS - CENTURY CENTER Escrow Agreements with contractors doing work on Century Center were submitted to the Board. Mr. Farrand explained that the agreements are similar to agreements approved recently by the Board and provide that the City put retainage from the contracts into an escrow account so it draws interest. Escrow agreements with the following contractors were submitted for approval: The Hickey Company, Roper IBG, O'Hara Decorating Service and Overhead Door Company. Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the escrow agreements were approved. CHANGE OF DATE - JULY 5 MEETING City offices will be closed on Monday, July 5, a legal holiday. Mr. Farrand made a motion that the meeting scheduled for that day be held on Tuesday, July 6 at 9:30 a.m. Mr. Brunner seconded the motion and it carried. BOND RELEASED - LEONARD GEANS The Surety Company underwriting the Contractor's Bond for Leonard Geans requested that the bond be released.. David A. Wells, Manager of the Bureau of Design and Administration, advised the Board that the bond could be released as of this date, inasmuch as the contractor has filed a new bond. Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the Board released the bond of Leonard Geans, effective June 28, 1976. 10 t REGULAR MEETING JUNE 28, 1976 REQUEST FOR TENT SALE ESLINGER'S Forrest R. West, Building Commissioner; submitted to the Board the request of Eslinger to hold•a tent sale from July 12 through 26 in their parking lot at the corner of Main and Eckman, and his recommendation that it be approved, subject to the regulations of the Building Department and Fire Prevention Bureau. Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the request was referred to the Bureau of Traffic and Lighting for . review and recommendation. CURB REPAIR OR REPLACEMENT REQUESTS Mr. Farrand advised the Board that the City had contacted Leonard Lucas, District Engineer for the Indiana State Highway Commission, regarding curb repairs on state highways within the City. The State has agreed to provide 100 cubic yards of concrete if the City will do the work. The Department of Public Works has prepared a list of priority curb repairs which will use up the 100 yards and Mr. Farrand said repair work could easily exceed.300 yards of concrete. The Department has listed eight locations on U. S. 20 and two on U. S. 33, after conferring with Joseph Gawrysiak, Street Commissioner. Mr. Farrand asked that the Board approve the list of curb repairs for transmittal to the District Engineer. Upon -motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the curb -repair locations submitted by the Department of Public Works were approved. BROKEN CURB IN FRONT OF FIRST BANK BUILDING NOTED Mr. Brunner noted that the curb in front of the First Bank Building Jefferson Street entrance has deteriorated and asked that, because of its immediate downtown location, it be considered for repairs. Mr. Wells explained the procedure for effecting curb repairs and noted it is the responsibility of the private property owner to make such repairs. Mr. Brunner suggested that the standard procedure be implemented in this matter in regard to the curb repair. REQUEST FOR BLOCK PARTY F. Gerard Feeney was present and asked the Board for permission to barricade S. St. Joseph Street, between Dean St. and Jennings, for a Block Party on July 11. Mr. Feeney was advised of the procedure required to block a street and was asked to contact the Clerk of the Board to determine the requirements. TRAFFIC CONTROL DEVICE APPROVED Ralph S. Wadzinski, Manager of the Bureau of Traffic and Lighting, requested that the Board approve the removal of a 30 Minute Parking Zone at 702 South Michigan Street, the former location of Goodwill Industries. Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the request was approved. OPEN AIR STANDS APPROVED Steve Crane submitted to the Board applications to operate stands for the sale of fireworks at 2301 E. Mishawaka Avenue, 1346 N. Ironwood, and 3245 Lincolnway West. All locations are on private property, commercially zoned, and the permission of the private property owners was attached. Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the applications were approved, subject to securing the necessary licenses. REGULAR MEETING JUNE 28, 1976 GCa 1 REPORT OF INVESTIGATION OF ZONING VIOLATIONS Mr. Farrand noted that the Board had referred to Forrest-R. West a number of locations where shrubbery and fences are impairing sight distance at intersections. Mr. West submitted to the Board copies of letters sent to six property owners calling attention to violations and asking for their compliance in removing the obstacles. The locations were: 903 S. Edison, 934 Mayflower Circle, 4322 W. Sample, 963 Sylvan Lane, 1014 Greenview, 901 Garden Lane and 4415 Silver Lane. Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the letters were ordered filed and Mr. West will be asked to make a follow-up report. 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'1035 a.m. ATTEST: o' Patricia DeClercq, Clerk