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HomeMy WebLinkAbout07/12/76 Board of Public Works Minutes35� REGULAR MEETING JULY 12, 1976 A regular meeting of the Board of Public Works was convened at 9:30 a.m, on Monday, July 12, 1976 by President Rollin Farrand. with Mr. Farrand, 11r. Brunner and Mr. Mullen present. Deputy City Attorney Georgia Luks was also present. MINUTES OF PREVIOUS MEETING APPROVED Mr. Brunner reported that the minutes of the meeting.of July 6 had been reviewed and he made a motion that they be approved as submitted. Mr. Farrand seconded the motion and it carried. HEARING ON FENCE ENCROACHMENT AT 807 NORTH OLIVE Mr. Farrand advised the Board that the matter of a fence encroaching on the city right-of-way at 807 N.,Olive Street was before the Board last fall. At that time, the Attorney for the petitioner submitted to the Board pictures of other alleged violations and asked that the Board allow the fence to remain. Mr. Farrand then noted that he had recommended to the Board on June 28, 1976 that the property owner, Benedict Leyba, and his Attorney, Jack C. Dunfee, Jr., be notified that the matter would be publicly discussed at the meeting today. Mr. Farrand reviewed the previous actions on this matter and said that the Board of Public Works had determined that there was an encroachment on the public right-of-way at 807 N. Olive Street and concurred with a complaint that the fence did restrict sight distance and impose a safety hazard at the intersection of Olive and Prast. Mr. Dunfee, Attorney for the: owner, had called the attention of the Board to other sites in the City where the same kind of encroachment was alleged to exist and the Board took: the matter.under advisement to investigate the charges. The City did investigate many of the sites pictured in Mr. Dunfee's petition and has determined that, in large part, these are sites where the property owner is, in fact, on his own property. Mr. Farrand said the City has sent seven letters to property owners with encroachment situations like this one asking them to remove encroachments. Mr. Farrand then noted that Attorney Jack Dunfee was present. Mr. Dunfee introduced himself and said that Mr. Benedict Leyba, owner of the property at 807 N. Olive, was also present. Mr. Dunfee said this matter was brought up in September, 1975. There was one complaint regarding the fence encroach- ing on the public right-of-way. Mr. Farrand wrote a letter to Mr. Leyba asking him to remove the fence. Mr. Leyba then retained Mr. Dunfee to represent him in this matter. Mr. Dunfee filed a petition with the Board on October 30, 1975 asking that the fence be allowed to remain and said it was his understanding that no action was taken on his petition pending further investigation. Mr. Dunfee said there is no indication that this fence is a_traff_ic problem. He said there are other such fences on the public right-of-way and he had assumed that the City would take a position on all such matters and a decision would be made. Mr. Dunfee said, to his knowledge, there is no one complaining about the fence now. The fence has been up for ten months and there have been no accidents. He said.there is no evidence that there is a safety hazard caused by the fence. Mr. Dunfee called the Board's attention to the fence constructed at Central High School, at the corner of William and Washington, which also extends out to the sidewalk line and asked if that fence was a safety hazard and why it has not been ordered removed. Mr. Dunfee told the Board that he had spent one hour driving around the City and had taken photographs of many fences and hedges on the right-of-way and up to the sidewalk line in various locations around the City. He said those photographs were submitted to the Board. Mr. Dunfee said there are only two reasons to order the fence removed; (1) if it is a safety hazard and (2) if it encroaches on the:City right-of-way. Mr. Dunfee said, if the City takes that position, it will have to order all fences, hedges, trees, etc. from parkways all over the City. Mr. Farrand said a permit from the Park Department is required both to plant or remove trees and shrubs from the parkway. Mr. Dunfee said he knows this is not done by most property owners. Mr. Farrand said the fact that it is not done 1 1 REGULAR MEETING JULY 12, 1976 by some individuals does not'tiean the City should not take enforcement action against a violation when it is brought to their attention. Mr. Dunfee said he would ask the Board to give him some evidence that the fence is a safety hazard and said the City cannot be selective in its enforcement of the ordinance. He said the property owner has the right of due process. Mr. Dunfee said the reason for the fence being installed was because Mr. Leyba operates a business and the area has a high crime and vandalism rate. Since the erection of the fence, the incidence of crime and vandalism has been zero. Mr. Dunfee then advised the Board that he had submitted a Petition to the City for considera- tion which would allow the fence to remain until such time as the City might have need for the property. They could then order the fence removed within fifteen days and Mr. Leyba would have to remove it. If Mr. Leyba did not remove the fence within fifteen days, the City could have the fence removed at Mr. Leyba's expense. Mr. Dunfee said Mr. Leyba obtained an estimate from the Calho Fence Company that the fence could be removed for $57.40. Mr. Leyba is willing to deposit $250.00 in a bank account, with the bank book to be retained by Mr. Dunfee. The money would remain on deposit and, should the City have to order the "fence removed, they could use this deposit for that purpose. Mr. Dunfee said there have been no property owners remonstrating and no objections to the fence. He said the photographs submitted indicate you can see right through the fence. He asked the Board to consider that this use by an adjacent property owner is not inconsistent with the public use. Mr. Brunner made a motion that the matter be referred to the Legal'Department for review with a report to be made in two weeks at which time final disposition of the matter will be made. Mr. Farrand seconded the motion and it carried. REQUEST FOR TENT SERVICES AT 1201 SOUTH BEND AVENUE DENIED Mr. Farrand noted that the Board had approved the request of the Berean Seventh Day Adventist Church to erect a tent at 215 N. Johnson Street for tent services. The church has erected the tent at 1201 South Bend Avenue and Pastor Roy Bellinger has submitted a letter requesting that permission'be given for the tent at that location. Mr. Farrand said the Bureau of Traffic and Lighting and the Police Department Traffic Detail have made a field investigation of the South Bend Avenue site and they concur that approval should not be given because there is no available parking in the area and traffic congestion from the services might cause problems. It was recommended that an alternate site be chosen. Mr. Bellinger was present and said the church had received permission in the past for the Johnson Street location but.they got permission from the property owner at 1201 South Bend Avenue to put the tent on that lot and they are asking the Board to approve that location. He said they have permission from the Fire Marshal. Chief Edward Szymkowiak of the Fire Inspection Bureau was present and advised the Board that the church does not have a permit from the Fire Marshal. He said his Bureau does not inspect a tent installation until it has been approved by the Board of Public Works, so no inspection has been made of this tent as yet. Mr. Bellinger said he does have a certificate that the tent is fireproof. He said he has contacted the owners of the E & L Super Market, which was the old A & P Super Market on Eddy Street, and might be able to put the tent in their parking lot. Mr. Farrand said the Board would be willing to consider that location. Mr. Brunner°asked Mr. Bellinger to provide the Board with a letter from the owners of the Super Market giving permission to erect the tent on their parking lot and said the Board would consider that request and have the Bureau of Traffic and Lighting and the Police Department conduct field investigations of the area. Mr. Owen Garner, 1228 South Bend Avenue, was present and said he objects to the location of the tent on South Bend Avenue. He said it is a small street and there is already heavy traffic in the area. He said there would be.a safety REGULAR MEETING JULY 12p 1976 problem with pedestrians crossing the street. Mr. Garner said the tent might be a safety hazard. He said signs were posted at the South Bend Avenue location even though the church did not have a permit to be there. He said property owners would have trouble - getting into their driveways if the tent is allowed to be there. Residents of the neighborhood are concerned that there might be loud noise and singing at night. He noted the heavy traffic from Notre Dame. Mr. Garner asked the Board to have the tent removed immediately. Mr. Bellinger said he did not think there would be traffic problems at the location and said the church will sponsor lectures on drug abuse, alcoholism and other topics of interest to the community. He said the services would begin at 7:30 p.m, and be over at 9:00 p.m. so there would not be a problem with noise at late hours. Mr. Brunner said the Board is agreed that the present location of the tent is unacceptable, and Mr. Bellinger should take steps to get -permission from the super market owners to move the tent. Mr. Bellinger said he would like a week to make arrangements to move the tent. -Mr. Farrand said the tent is unauthorized at its present location. Mr. Brunner asked Mr. Bellinger if the tent was being used at the present time. Mr. Bellinger said it had been used over the week end. He was asked what arrangements had been made for electricity and he said someone had -hooked up the electricity for them. Mr. Mullen made a motion that the Board table this matter until Mr. Bellinger provides a letter from the property owner of the lot where the tent will be moved. Mr. Brunner seconded the motion and it carried. POOL HALL LICENSE DENIED - JOSEPH DAVIS. 830 PORTAGE Peter H. Mullen, City Controller, submitted to the Board a written report that he had reviewed the application of Joseph Davis to operate a Pool Hall at 830 Portage Avenue and had received a recommendation from the Police Department that, following their investigation, the application be denied. Mr. Mullen said, on the, basis of the Police Department recommendation, he was recommending that the application be denied because the applical:t was not truthful on his application. Mr. Mullen then made a motion that the application of Joseph Davis to operate a pool hall at 830 Portage Avenue be denied. The motion was seconded by Mr. Brunner and carried. AGREEMENT WITH GOOD WILL INDUSTRIES APPROVED An agreertient with Goodwill Industries of Michiana, Inc. which provides for a payment of $100,000 from the City of South Bend was submitted to the Board. The agreement has been executed by officers of Goodwill Industries. Deputy City Attorney Georgia Luks advised the Board that she has reviewed the agreement and recommends approval. The appropriation has been approved by the State Board of Accounts. Upon motion made by Mr. Farrand, seconded by Mr. Mullen and carried, the agreement was approved, r PARKING APPROVED ON LINCOL1,1WAY EAST AUGUST 7 AND 8 The Board received a request from Mrs. Marie Leddy, owner of the Potpourri,_1244 Lincolnway East, to allow parking on Lincolnway East, from Miami to Ironwood, in connection with their 9th Annual Art and Import Fair. Mrs. Leddy has received permission from the Indiana State Highway Commission to allow the parking. Mr. Farrand noted that this affair has been held in the past and parking has been allowed. The event has been observed and no problems have developed in the past. Mr. Brunner asked how this parking situation was different from the South Bend Avenue situation. Mr. Farrand said South Bend Avenue is extremely narrow and allowing parking there would add to an already congested area. He said normally the State and City concur on such requests which involve State highways within the City. Mr. Brunner said with the pre-existing precedent which has been set in the past, he would voice no objection but he feels the situation is rather analagous to the South Bend Avenue site the Board turned down. Mr. Farrand said there is more traffic capacity REGULAR MEETING JULY 12 1976 on Lincolnway East.. Mr. Farr..and,made ,a;motion that the Board approve parking on Lincolnway`'East, U. S.`33, from Miami to Ironwood on August 7 and 8. Per. Mullen -seconded the motion and it carried. REQUEST FOR AMERICAN HEART ASSOCIATION CYCLETHON - OCTOBER 19 The Board received a request from the American Heart Association to hold a Cyclethon on Sunday, October 17, 1976. The Association had submitted an earlier request for the date of October 3, 1976 but that date has been reserved by the American Diabetes Association. Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the request was filed and referred to the Bureau of Traffic and Lighting, the Police Department and the Civil Defense Department for review and recommendation. REQUEST TO PURCHASE CITY -OWNED LOT AT 413 E. OHIO STREET The Board received a request from Red John Smith to purchase a city -owned lot at 413 E. Ohio Street. Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the request was filed and referred to the Department of Engineering, the Department of Redevelopment, the Department'of Public Parks and Dr. George Wing to determine if there is any need to retain the lot. REQUEST FOR CONTINUATION OF STREET SERVICES APPROVED Missionary Dora Lottie who received permission to conduct street t� services at Chapin and Napier Streets during the month has requested an extension to continue the services during the month of July on W Tuesday, Wednesday and Thursday each week from four to six p.m. Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the Board approved the request subject to the stipulation that there be no obstruction to vehicular or pedestrian traffic as a result of the services. REQUEST FOR ADDITIONAL STREET LIGHTS FILED Eugene S. Abrams, 2618 Evesham Court, requested that the Board consider additional street lighting in the Twyckenham Hills area, particularly on Evesham Court and Wexham Court. Upon motion made by Mr. Farrand, seconded by Mr. Mullen and carried, the request was filed and will be referred to the Bureau of Traffic and Lighting for review. REQUEST TO CLOSE ALLEYS'ADJACENT TO 1024 W. INDIANA AVENUE APPROVED The William Penn Association, 1024 W. Indiana Avenue, requested permission to block the alleys surrounding their building on the occasion of their annual picnic on Saturday, July 24, 1976, beginning at 12:00 noon. Upon motion made by Mr. Farrand, seconded by Mr. Mullen and carried, the request was approved, subject to coordination by the Bureau of Traffic and Lighting. RESOLUTIONS FOR STREET IMPROVEMENTS ADOPTED Mr. Farrand advised the Board that the Department of Public Works has prepared a number of resolutions authorizing street improvements. This is routine paper work to formalize some projects already underway. Upon motion made by Mr. Farrand, seconded by Mr. Mullen and carried, the following resolutions were adopted: RESOLUTION NO. 20, 1976 WHEREAS, the Board of Public Works has found it necessary in the best interest of the public safety and welfare to construct certain street improvements on Ironwood Road, from Edison Road to State Road 23, and REGULAR MEETING JULY 12. 1976 WHEREAS, the improvements to -the aforesaid Streets are compatible with the Urban Area Transportation Study, and WHEREAS, the costs for these certain improvements are to be financed from Federal Aid Urban Funds, the Local Road and Street Account, and/or the Cumulative Capital Improvement Fund, and WHEREAS, the Board of Public Works has the authority to make such improvementsas provided by the General Assembly, Therefore, BE IT RESOLVED, that the Board of Public Works orders the Department of Public Works to prepare the plans, specifications, cost estimates, secure the necessary rights -of -way, permits, appropriations and to seek bids for and to construct said street improvement on Ironwood Road, from Edison Road to State Road 23. BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND s/ Rollin E. Farrand, President s/ Peter H. Mullen, Member ATTEST: s/ .Patricia DeClercq,Clerk Dated this 12th day of July, 1976 RESOLUTION NO. 21. 1976 WHEREAS, the Board of Public Works has found it necessary in the best interest of the public safety and welfare to construct certain street improvements on Chapin Street, from Western Avenue to Washington Avenue, and WHEREAS, the improvements to the aforesaid streets are compatible with the Urban Area Transportation Study, and WHEREAS, the costs for these certain improvements are to be financed from Federal Aid Urban Funds, the Local Road and Street Account, and/ or the Cumulative Capital Improvement Fund, and WHEREAS, the Board of Public Works has the authority to make°such improvements as provided by the General Assembly, therefore, BE IT RESOLVED, that the Board of Public Works orders the Department of Public Works to prepare the plans, specifications, cost estimates, secure the necessary right-of-way, permits, approproations, and to seek bids:.for and to construct said street improvement on Chapin Street, from Western Avenue to Washington Avenue. BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA s/ Rollin E. Farrand, President s/ Peter H. Mullen, Member ATTEST: s/ Patricia DeClercq, Clerk Dated this 12th day of July, 1976. RESOLUTION NO. 22, 1976 WHEREAS the Board of Public Works has found it necessary in the best interest of the public safety and welfare to construct certain street improvements on Miami Street, from Kern Road to Jackson Road, and REGULAR MEETING JULY 12, 1976 (101 fib. - WHEREAS, the improvements on the _aforesaid streets are compatible with the Urban Area Transportation Study, and WHEREAS, the costs for these certain improvements are to be financed from Federal Aid Urban Funds, the Local Road and Street Account, and/or the Cumulative Capital Improvement Fund, and WHEREAS, the Board of Public Works has the authority to make such improvements as provided by the General Assembly, Therefore BE IT RESOLVED, that the Board of Public Works orders the Department of Public Works to prepare the plans, specifications, cost estimates, secure the necessary right-of-way, permits, appropriations, and to seek bids for and to construct said street improvements on Miami Street, from Kern Road to Jackson Road. BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA s/ Rollin E. Farrand, President s/ Peter H. Mullen, Member ATTEST: s/ Patricia DeClercq,Clerk Dated this 12th day of July, 1976. RESOLUTION NO 23, 1976 WHEREAS, the Board of Public Works has found it necessary in the best interest of the public safety and welfare to construct certain street improvements at the intersections of Fellows Street at Ireland Road and Miami Street at Ireland Road, and WHEREAS, the improvements to the aforesaid Streets are compatible with the Urban Area Transportation Study, and WHEREAS, the costs for these certain improvements are to be financed from Federal Aid Urban Funds, the Local Road and Street Account, and/or the Cumulative Capital Improvement Fund, and WHEREAS, the Board of Public Works has the authority to make such improvements as provided by the General Assembly, therefore, BE IT RESOLVED, that the Board of Public Works orders the Department of Public Works to prepare the plans, specifications, cost estimates, secure the necessary right-of-way, permits, appropriations, and to seek bids for and to construct said street improvements at Fellows Street at Ireland Road and Miami Street at Ireland Road, BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA s/ Rollin E. Farrand, President s/ Peter H. Mullen, Member ATTEST: s/ Patricia DeClercq, Clerk Dated this 12th day of July, 1976. REGULAR MEETI14G JULY 12, 1976 RE S.OLUTI ON NO < 24, 1976 WHEREAS, the Board of Public Works has found it necessary in the best interest of the public safety and welfare to construct certain street improvements at the intersections of William Street at Monroe Street, Western Avenue and Wayne Street, and WHEREAS, the improvements to the aforesaid Streets are compatible with the Urban Area Transportation Study, and WHEREAS, the costs for these certain improvements are to.be financed from Federal Aid Urban Funds, the Local Road and Street Account, and/or the Cumulative Capital Improvement Fund, and WHEREAS, the Board of Public Works has the authority to make such improvements as provided by the General Assembly, therefore, - BE IT RESOLVED, that the Board of Public Works orders the Department of Public Works to prepare the plans, specifications, cost estimates, secure the necessary right-of-way, permits, appropriations, and to seek bids for and to construct said street improvement at William Street at Monroe Street, Western Avenue and Wayne Street. BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA s/ Rollin E. Farrand, President s/ Peter H. Mullen, Member ATTEST: s/ Patricia DeClercq, Clerk Dated this 12th day of July, 1976. APPROVAL OF CONTRACT AND PERFORMANCE BOND - R & S 85..- SIGNALIZATION OF IRELAND & FELLOWS, IRELAND AND'MIAMI AND MIAP'II AND S:COTTSDALE MALL The contract and performance bond with Morse Electric Company for the signalization of Ireland and Fellows, Ireland and Miami and Miami and Scottsdale Mall were submitted to the Board. The contract is with the Morse Electric Company, successful low bidder on the project. Upon motion made by Mr. Farrand, seconded by Mr. Mullen and carried, the contract and performance bond were approved. ADOPTION OF VACATION RESOLUTION NO. 3429, 1976 Upon motion made by Mr. Farrand, seconded by Mr. Mullen and carried, the following resolution was adopted: VACATION RESOLUTION NO. 3429 RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, That it is desirable to vacate the following: A portion of.Bryan Street and portions of two alleys, as follows: part of the east -west alley south of Beale Street, running from the east right-of-way line of Cushing Street to the east line of the North -South alley between Beale and Roosevelt Streets, and part of the North -South alley east of Cushing Street, running north from the north right-of-way line of Roosevelt Street to the south line of the east -west alley between Cushing and Riverside Streets. Reserving the rights and easements of all Utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right of way, unless such rights are released by the individual Utilities. REGULAR MEETING JULY 12, 1976 3651 The following property may be,injuriously or beneficially affected by such vacation: Lots 238,` 239, 246, 247 and 264 of Part of Northwest Third'Plat nad Lot 262 of'Part of Northwest Fourth Plat Notice of this Resolution shall be published on the 16th and 23rd day of July, 1976 in the South Bend Tribune and the Tri- County News. This Board at its office on the 9th day of August, 1976, at 9:30 o'clock, A.M., will hear and receive remonstrances from all persons interested in or affected by these proceedings. Adopted this 12th day of July, 1976. BOARD OF PUBLIC WORKS s/ Rollin E. Farrand s/ Peter H. Mullen ATTEST: s/ Patricia DeClercq, Clerk TRAFFIC CONTROL DEVICE APPROVED The Bureau of Traffic and Lighting recommended to the Board that Yield Signs be installed on Sunnyside at Emerson and Wall. Upon motion made by Mr. Farrand, seconded by Mr. Mullen and carried, the installation was approved. RIVER BEND PLAZA ACTIVITIES APPROVED The following activities on River Bend Plaza for the week of July 12 were submitted to the Board for approval: July 13 - Playground Menagerie July 14 - City Frisbee Tournament July 15 - Summer Evening Theater July 16 - Recreation Department's "2-Bit Theater" July 17 - Sam Shapiro Chess Tournament Upon motion made by Mr. Farrand, seconded by Mr. Mullen and carried, the activities were approved, subject to any necessary insurance. RON BOCK, NEW DIRECTOR OF RIVER BE14D PLAZA, INTRODUCED Ron Bock:, new Director of River Bend Plaza, was present and was introduced to the Board. RIVER BEND PLAZA SIDEWALK DAYS APPLICATIO14S APPROVED The following applications for Sidewalk Days on July 23 and 24 were submitted to the Board with the favorable recommendation of Ron Bock, Director: Dainty Maid Bake Shop, Office Engineers, Hall of Cards and Books, C. E. Lee, Mueller's Jewelers, Carson's Shoes, Sonneborn's, Lerner's, Helen's Boutique, South Bend Sewing Center and Newman's. Upon motion made by Mr. Farrand, seconded by Mr. Mullen and carried, the applications were approved, subject to filing of the necessary insurance certificates and securing the proper licenses. Mr. Mullen asked whether attempts have been made to conduct craft fairs and boutique operations on the Plaza and said he felt this kind of activity would be appropriate and well -received. Mr. Bock was asked to explore the possibility of promoting these activities. CERTIFICATE OF INSURANCE FILED A Certificate of Insurance from Ritschard Brothers, Inc. was REGULAR MEETING JULY 12, 1976 submitted to the Board. Deputy City Attorney Georgia Luks reviewed the Certificate and recommended that it be accepted by the Board. Upon motion made by Mr. Farrand, seconded by Mr. Mullen and carried, the certificate was ordered filed. STREET LIGHT OUTAGE REPORT FILED The Street Light Outage Report for the period of July 6 through 9 was received. The report indicated 11 outages. Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the report was ordered filed. BLOCK PARTY APPROVED - 1300-1400 BLOCKS E. MONROE 014 JULY 17 The Board received a request from Thomas Becker, 1341 E. Monroe Street, to hold a Block Party in the 1300-1400 blocks East Monroe on Saturday, July 17 from 6:00 p.m. to midnight. The Bureau of Traffic and Lighting and the Police Department Traffic Detail have reviewed the request and recommend approval. Upon motion made by Mr. Farrand, seconded by Per. Brunner and carried, the block party was approved, subject to coordination by the Bureau of Traffic and Lighting and the filing of the necessary Certificate of Insurance. There being no further business to come before the Board, upon motion made by Mr. Farrand, seconded by Mr. Mullen and carried, the meeting adjourned at 10:55 a.m. 'Rollin-E. Farrand Thofn0sJ, r, Jr. 'j ete H. Mullen ATTEST: Patricia DeClercq, Olerk 1 1