Loading...
HomeMy WebLinkAbout09/07/76 Board of Public Works Minutes405 REGULAR MEETING SEPTEMBER 7, 1976 A regular meeting of the Board of Public Works was convened at 9:30 a.m, on Tuesday, September 7, 1976 by President Rollin Farrand with Mr. Farrand and Mr. Mullen present. Deputy City Attorney Georgia Luks was also present. MINUTES OF PREVIOUS MEETING APPROVED Mr. Farrand noted that the minutes of the August 30 meeting had been reviewed and he made a motion that the minutes be approved as submitted. Mr. Mullen seconded the motion.and it carried. Mr. Farrand said a special meeting was called on Thursday, September 2 to approve a Block Party request which came in after the Board meeting. He reviewed the minutes of .the special meeting and made a motion that they be approved as submitted. Mr. Mullen seconded the motion and.it carried. PUBLIC HEARING ON ASSESS14ENT ROLL - HOMELAND SANITARY SEWERS This being the date set, hearing was held on the Assessment Roll for the Homeland Addition No. 2 Sanitary Sewers, authorized under Improvement Resolution No. .3415. 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 noted that the purpose of this hearing was to hear any property owners who might wish to discuss the amount of their assessment with the Board. He noted that the City of South Bend is paying one-half the cost of the sewer construction. He said the Board would now hear any property owners present who wished to speak. Mr. George Radman, 2413 Prairie Avenue, said he did not receive any notice of the hearing held before the sewers were constructed. He said he owns three lots which are assessed on this assessment roll and said the lots are idle land which will probably never be used as building.lots. He said the assessments are entirely.too high for such land. He then inquired about the rate charged per foot for the sewer construction. Mr. Farrand said the charge is about $7.00 per foot for.sewer construction. He said such a project is put out for competitive bids and the Board is bound by the bid price which is the actual construction cost. Mr. Daniel Radman also spoke to the Board about the three lots owned by George Radman and said he feels the assessment of $300 per lot is too high. Mr. Farrand said the Indiana State Statutes provide for the manner in which property is assessed under Barrett Law construction and the Board has no option in the matter. Mr. George Radman-said that taps were installed for the lots and he is. assessed for the taps. He said there is no need for the taps and he was not consulted before they were installed. David A. Wells, Manager of the Bureau of Public Construction, said the Contractor and the Engineering Department attempted to contact each property owner in regard to placement of the taps. Mr. Farrand then noted that notices were mailed to Mr. Radman in regard to the public hearing before the project was authorized in June of 1975, as well as the notice of the assessment roll hearing. Those notices were not returned by the Post Office and the Board assumes they were delivered. Mr. Radman said his house number was changed to a four - digit number after the area was annexed..He said -for some time the Post Office was delivering mail addressed to the five -digit address but it now goes to the dead letter office. Per. Radman asked the ,Board what recourse he now has. Mr. Farrand said Mr. Radman could have his lots appraised and if the appraisal indicates the value of the lots is less than the improvement, the Board can review the assessment. Mr. Radman asked who could make such appraisals. Mr. Farrand said. there is no one on the City Engineer's staff who could appraise the property. Mr. Radman asked who appraises City -owned real estate which is sold and was ,advised that the City hires independent real estate appraisers. Mr. Radman then asked how long he would .have to get this appraisal information. He was advised that he should submit any additional information regarding the lots and any appraisals to the Board office within two weeks for further consideration. Mr. Donald 46 REGULAR MEETING SEPTEMBER 7, 1976 Galbreath, 2420 W. Ewing, said he has been paying sewage charges for more than twenty years and asked why he is now being assessed for sewer construction. Mr. Wells said Mr. Galbreath is hooked up ,to a bootleg sewer which was put in without a permit and without City inspection. He said Mr. Galbreath is paying a sewage charge but has never paid a sewer assessment. He said the private sewer was put in to service a trailer court without the approval or knowledge of the City. The City has the option, if it wishes, to disconnect the sewer. Mr. Daniel Radman said this sewer was put in some years ago and that a health officer, Pat Burns, was contacted and told them it could be put in and that the City was aware of it. He said if the City was never told about the sewer, it is not his fault. Mr. Wells said the City has no record of any permits, inspection or approval of this private sewer. Emma Sanders,. owner of Lot 47, asked if she would have to pay a sewage charge if she does not hook up to the sewer. Mr. Farrand advised her that she would receive an initial bill from the Water Works when the assessment roll is sent to them but she should contact them and advise them that she does not intend to hook up at the present time. Mr. Radman asked if this also applied to his lots - and was told that it did. Mr. Farrand then made a motion that Assess- ment Roll 2979 for the Homeland Addition. No..2 Sanitary Sewers be approved, with the exception of the assessments for Lots 8 and 9, owned by Donald Galbreath and Lots 11, 12 and 13, owned by George Radman, subject to further investigation of those properties. Mr. Mullen seconded the motion and it carried. Mr. Radman then asked how the sewer assessments would have to be paid. Mr. Farrand explained that the property owners will receive a notice of the total amount due from the County Treasurer's Office. They will then have a thirty - day period to pay the assessment in full in cash or to sign a waiver allowing the assessment to be split into five installments, to be paid over a five-year period, at 6% interest, to be billed at the same time tax statements are sent. REQUEST FOR CALLIOPE ON WEDNESDAY, SEPTEMBER 8 Dr. George Wing was present and advised the Board that in working with Mayor Nemeth and the Downtown Business Men's Council it has been noted that fifteen to twenty businesses have located in South Bend or have enlarged their facilities in the past several months, since the first of this year. To call attention to this fact, they are requesting permission to use a calliope in the locations where new or expanded businesses are located. The calliope would be used on Wednesday, September 8 from 9:30 a.m. to 1:30 p.m. Upon motion made by Mr. Farrand, seconded by Mr. Mullen and carried, the request was approved, subject to coordination with the Traffic Department. REQUEST TO -DISPOSE OF VEHICLE APPROVED Chief Michael Borkowski requested permission from the Board to dispose of Mechanical Unit 7309, a 1960 Mercury, as salvage, with any money received to be used toward acquisition of a replacement vehicle. Upon motion made by Mr. Farrand, seconded by Mr. Mullen and carried, the Board approved the request, subject to the preparation of a resolution authorizing disposition of the vehicle to be coun.tersigned by the Mayor. REQUEST TO DISPOSE OF MOBILE RADIOS APPROVED Chief Michael Borkowski requested permission from the Board to dispose of two mobile radios not needed by the Department. The North Liberty Police Department has offered to purchase the radios for $100. Upon motion made by Mr. Farrand, seconded by Mr. Mullen and carried, the Board approved the request, subject to the preparation of a resolution authorizing disposition of the radios to be counter- signed by the Mayor. 1 REGULAR MEETING SEPTEMBER 7, 1976 ADOPTION OF VACATION RESOLUTION 140. 3432 Upon motion made by Mr. Farrand, seconded by Mr. Mullen and carried, the following resolution was adopted by the Board: VACATION RESOLUTION NO. 3432, 1976 RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE, CITY OF SOUTH BEND, INDIANA, That it is desirable to vacate the following: The north -south alley west of Main Street, running south of Calvert Street from the south right-of-way of Calvert Street south to the south line of Lot 22 in Stover and Witmer's Addition. Also being the north line of said alley vacated under Resolution No. 3396. 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. The following property may be injuriously or beneficially affected rv*' by such vacation: C Lots 18, 19, 20, 21 and 22 of Stover and Witmer's Addition. Notice of this Resolution shall be published on the loth and 17th day of September, 1976 in the South Bend Tribune and in the Tri-County News. This Board, at its office, on the 4th day of October, 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 7th day of September, 1976. BOARD OF PUBLIC WORKS s/ Rollin E. Farrand_ s/ Peter H. Mullen ATTEST: s/ Patricia DeClercq, Clerk FILING OF ASSESSMENT ROLL VACATION RESOLUTION NO. 3430 Rollin E. Farrand, City Engineer, files with the Board an Assessment Poll for Vacation Resolution No. 3430 for the vacation of the 18' East-West alley between Kenmore Street and Falcon Street, North of Washington Street, being the center 18' of former Colfax Avenue which was vacated under Resolution No. 2610, excepting from the vacation the alley intersection. The Assessment Roll shows $0.00 net damages and $0.00 net benefits to the abutting property owners. Upon motion made by Mr. Farrand, seconded by Mr. Mullen and carried, the assessment roll was filed and a public hearing was set for Monday, October 11, 1976 at 9:30 a.m, at the regular meeting of the Board. APPROVAL OF CONTRACT WITH COMET CAR WASH A contract with Comet Car Wash, covering car washes for City vehicles for which the Board accepted a bid, was prepared by Deputy City Attorney Georgia Luks and signed by the President of Comet Car Wash. The contract is now ready for execution by the Board. Upon motion made by Mr. Farrand, seconded by Mr. Mullen and carried, the contract was approved and -signed. 408 REGULAP. MEETING SEPTET DER 7, 1976 CHANGE ORDER APPROVED - AIRPORT' INDUSTRIAL PARK. PHASE FOUR A Change Order in the: contract with Ritschard Brothers, Inc. for the Airport Industrial Park, Phase IV was submitted to the Board with the favorable recommendation of Patrick M. McMahon, Manager of the Bureau of Public Construction. The Change Order increases the contract by $16,753.95.and covers some additional pipe and adjustment of quantities to actual construction. Upon motion made by Mr. Farrand, seconded by Mr. Mullen and carried, the Change Order was approved. MR. BRUNNER JOINS MEETING Thomas J. Brunner, Jr., City Attorney, arrived at the meeting ,at 10:15 a.m. REQUEST FOR KIWANIS NEWSPAPER SALE ON SEPTEMBER 25 FILED The Board received a request from Dr. A. E. Teves to hold the annual Kiwanis Newspaper Sale on Saturday, September 25 from 11:00 a.m, to 1:00 p.m. at various intersections in South Bend. Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the request was referred to the Bureau of Traffic and Lighting and the Police Department for review and recommendation. WARRANTY DEED FROM KUERT CONCRETE ACCEPTED A Warranty Deed from Kuert Concrete, Inc. for a strip of land on the west side of Eclipse Place running from Keller Street north to the north right-of-way line of Marquette Street was submitted to the Board. David A. Wells, Manager of the Bureau of :Design and Administration, advised the Board that this deed allows for an additional thirty feet of right-of-way for Eclipse Place to provide for a full sixty -foot street right-of-way and is in lieu of an easement. Mr. Wells said, in his opinion, it is in the best interests of the City to accept the deed and have it recorded. Upon motion made by Mr. Farrand, seconded by Mr. Mullen and carried, the Board accepted the Warranty Deed. OSCAR VA14 WIELE, FIRE CHIEF, INTRODUCED Mr,. Farrand noted that the newly appointed Fire Chief, Oscar Van Wiele, was present. Mr. Van Wiele was introduced to the members of the Board and was welcomed by them. CLOSING OF PARALLEL STREET APPROVED The Board received a request from G & N Warehouse, Inc. to close Parallel Street, from College Street to Jackson Street, by erecting a fence to provide for security of equipment during the construction of the Model Cities Sewer Separation Project. The Company has also petitioned for the vacation of this portion of street and that proceeding is now underway. The Board received reports from the Bureau of Fire and Bureau of Police that those Departments had made a field check of the area and found no objection to the closing of that portion of Parallel Street. Upon motion made by Mr. Farrand, seconded by Mr. Mullen and carried, the Board approved the request of G & N Warehouse, Inc. to close Parallel Street, from Jackson to College, by erecting a fence, with the street to remain closed pending the completion of the vacation proceedings or the completion of the sewer construction project. REQUESTS FOR STREET LIGHTS The Board received a request from Ann Sipocz for installation of a street light at 408 S. 30th Street and from several residents of the York Road area requesting installation of a light at the intersection of Watford Lane and York Road. Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the requests were filed and referred to the Bureau of Traffic and Lighting for review' -- and possible inclusion on a chronological list of new installations when additional funds are available. 409 REGULAR MEETING SEPTEMBER 7, 1976 REQUESTS TO PURCHASE CITY -OWNED LOTS FILED The Board received a request from Solomon Simmons to purchase a,city-owned lot at 936 Sorin Street and from Mary Louise Kurowski to purchasea city -owned lot at 1540.Dunham Street. Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the requests were filed and referred to the Bureau of Engineering, Parks and Redevelopment to determine whether the lots should be retained for any purpose. APPROVAL OF CONTRACT'FOR PIGEON CONTROL SERVICE ON RIVER BEND PLAZA Mr. Farrand submitted to the Board a contract with Terminex, Inc. for pigeon control on River Bend Plaza. Mr.'Farrand noted that they had the contract for pigeon control -last year and it was effective. This contract calls for a $200 fee, and a charge of $28.00 per month, with coverage to be extended to the top of the canopy on the Plaza. The term of the contract is September 1, 1976 through August 31, 1977. Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried,_the contract was approved. RIVER BEND PLAZA APPLICATIONS APPROVED Ronald Bock, Director of River Bend Plaza submitted.the following d- applications to the Board with his favorable recommendation: ,--� 1. Armed Forces Caravan - Display on October 7 and 8. Four trailers trucks to be parked in the 100 block South Michigan with exhibits. There will be no parking allowed in the block on these two days. 2. League of United Latin American Citizens, Dance Display September 11 from 11:00 a.m. to 12:00 noon. 3. Jessie Newburn, Booth on River Bend Plaza on September 11, 13, 17 and 18 to sell tickets for a benefit for Policeman Maurice Woods. Mr. Farrand, based on,the favorable recommendation of Ronald Bock, made a motion that the applications be approved. Mr. Brunner seconded the motion and it carried. It was noted that there have been complaints received regarding bicycles on the sidewalk on the Plaza causing problems for pedestrians. Chief Terry was asked to relay this information to the officers patrolling the Plaza. APPROVAL OF TITLE SHEET - STREET AND SEWER, BEVERLY PLACE SUBDIVISION The title sheet approving the plans for street and sewer construction in the Beverly Place Subdivision were submitted to the Board. Per. Wells explained that this work will be done at the cost of the private developer, Ryder Trucking Company, and is in the Airport Industrial Park area, off Bendix Drive near Boland Drive. The work will be inspected by the City upon completion. Upon motion made. by Mr. Farrand, seconded by Mr. Brunner and carried, the title sheet approving the plans was signed. BONDS APPROVED Ray S. Andrysiak, Bureau of Engineering, reported to the Board that Richard D. Sanders had submitted a Contractor's Bond and an Excavation Bond which have been properly executed and can be approved. Effective date of the bonds is August 27, 1976. Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the bonds were approved. REGULAR MEETING SEPTEMBER 7 1976 STREET LIGHT OUTAGE REPORT FILED The Street Light Outage report for the period of August 30 through September 3 was received. The report indicated 24 outages. Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the report was ordered filed. TRAFFIC CONTROL DEVICES APPROVED Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, recommended the following installations to the Board: 1. Stop Sign on Washington at Logan 2. Speed Limit 20 Signs when Children Present in the Marshall School area, on Byron from Woodvale to Kennedy and..on Springbrook from 150` south of Woodmont to Byron. Upon motion ,made by Mr. Farrand, seconded by Mr. Brunner and carried, the installations were approved. CENTURY CENTER CHANGE ORDERS APPROVED Patrick M. McMahon, Manager of the Bureau of Public Construction, submitted to the Board the following Century Center ©.ontract change orders: Contract 003 - Concrete. Increase of $437.00 to modify the electrical transformer vault to meet requirements. Contract 039 - Heating, Ventilating and Air Conditioning. Increase of $24,493.00 to incorporate additional fire dampers, grilles, silencers and volume dampers as required per the Code. These changes were made as the result of reviews made of the plans during permit applications which took place after bidding. Contract 038 - Heating, Ventilating and Air Conditioning. -Increase of $465.00 to reflect the addition of thermostatic controlled fans to the ventilator ducts in the elevator shafts. Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the change orders were approved. ESCROW AGREEMENTS APPROVED Escrow Agreements with Interior Finishes for Contract 022 Tile, Flooring & Carpets:-, for Century Century were submitted to the Board. These are standard escrow agreements as approved by the Board for other contractors and provide that the City put the retainage from the contracts into an escrow account so it draws interest. Upon motion made by Mr. Farrand, seconded by Mr. Mullen and carried, the escrow agreements were approved. 0 G REGULAR MEETING SEPTEMBER 7, 1976 REOUEST FOR BLOCK PARTY FILED A request from Mr. Ed Buczek to hold a block party on Dunham Street from'.!.Camden Street to the first alley east of Camden on Saturday, September 11, 1976 from 6:OO p.m. to midnight. The request was referred to the Bureau of Traffic and Lighting for review and recommendation, upon motion made by Mr. Farrand, seconded by Mr. Mullen and carried. 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 10:45 a.m. _nl 1 ire F R!3rr-nrMrl P Fi ATTES Patricia DeClercq, Clerk