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'
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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
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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