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HomeMy WebLinkAbout02/04/74 Board of Public Works MinutesLEI REGULAR MEETING FEBRUARY 4, 1974 A regular meeting of the Board of Public Works convened at 9:30 a.m. on Monday, February 4, 1974 with Mr. Farrand and Mr. Seitz present. City.Attorney James A. Roemer was also present. Minutes of the previous meeting were reviewed and approved. ADOPTION OF VACATION RESOLUTION NO. 3391, 1974 Upon motion made, seconded and carried, the following resolution was adopted: VACATION RESOLUTION NO. 3391, 1974 RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA THAT it is desirable to vacate the following: The east -west alley running between Lots, 2, 3, 4 and 5 in Kunstman's 2nd Addition in the Original Plat of South Bend, from the East right-of- way line of Scott Street east to the first north -south cross alley, City of South Bend. 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 by such vacation: Lots 2, 3, 4 and 5 in Kunstman's 2nd Addition. Notice of this resolution shall be published on the 8th and 15th day of February, 1974 in the South Bend Tribune and in the Tri-County News. This Board, at its office, on the 4th day of March, 1974, at 9:30 o'clock, A.M. will hear and receive remonstrances from all persons interested in or affected by these proceedings. Adopted this 4th day of February, 1974. BOARD OF PUBLIC WORKS s/ Rollin E. Farrand s/ James R. Seitz ATTEST: s/ Patricia DeClercq, Clerk AMENDMENT TO CONTRACT Ffl R CONSTRUCTION OF NORTH IRONWOOD SEWER EXTENSION (NEW LONDON LAKES CONDOMINIUMS) The Board received an amendment to an Agreement between the Board of Public Works and Safety of the City of South Bend and Portage Realty Corporation entered nto on December 20, 1971. The original agreement was a contract for construction of the North Ironwood Sewer Extension. A sewage lift station has now been installed and this amendment would allow people using the lift station to be charged. Upon motion made, seconded and carried, the Board approved the amendment. CONTRACT AND PERFORMANCE BOND - CAMBRIDGE DRIVE SEWER CONSTRUCTION The Contract and Performance Bond for construction of the Cambridge Drive Sewers, authorized under Improvement Resolution No. 3386, 1973, were received by the Board. Upon motion made, seconded and carried, the Board signed the contract and the Performance Bond. APPROVAL FOR USE OF FIRE STATIONS IN HEART FUND DRIVE The Board received a request from Fire Chief Jack Bland that Fire Stations be used as drop off points for collection kits for the Heart Fund Drive. The Drive has been issued a permit by the Charitable Solicitations Commission. Upon motion made, seconded and carried, the Board approved the use of the fire stations. REGULAR MEETING - FEBRUARY 4, 1974 APPROVAL FOR ANNUAL FIREMEN'S BALL The Board received a request from Fire Chief Jack R. Bland for permission to hold.the Annual Firemen,"s Ball'on March 30, 1974 at the University of Notre Dame Athletic and Convocation Center. Upon motion made, seconded and carried, the Board approved the request. ADOPTION OF IMPROVEMENT RESOLUTION NO. 3392, 1974 Upon motion made, seconded and carried, the following Resolution was adopted: IMPROVEMENT RESOLUTION NO. 3392, 1974 BE IT RESOLVED by the Board of Public Works of the City of South Bend, Indiana, that it is deemed necessary to improve Portage Gardens, a subdivision in the southeast one -quarter of Section 5, Twp. 37 North, Range 2 East, Portage Twp., St. Joseph County, Indiana by the construction of a local sewer, intended and adapted only for local use by the property owners whose property abuts thereon and not intended or adapted for receiving sewage from collateral drains. Said sewer to be 8", 10" & 12" & 21" in diameter, and said sewer, with all its appurtenances, to be constructed in accordance with the profiles, drawings, Q plans, general details and specifications of such improvements approved and Ci3 adopted herewith, and placed on file in the office of the Board of Public Works of said City, and such improvement is now ordered. The total cost of said improvement, including all incidental costs, such as advertising, abstracting, inspection and engineering, shall be assessed upon the real estate abutting on said street in accordance with applicable statutes. The said improvement is to be finances and paid for as provided in Chapter 40 of the Acts of 1953, as amended (1971 I.C. 18-6-3). Assessments, if deferred, are to be paid in 5 equal installments, with interest at the rate of six (6) per cent per annum. The 12th day of March, 1974, at the hour of 7:30 p.m. o'clock, local time, is hereby fixed as the time and Lafayette School, 245 N. Lombardy Drive, South Bend, Indiana as the place when and where the Board will hear all persons interested or whose property is or will be affected by the proposed improvement. on the question as to whether the special benefits that will accrue to the property will be assessed, abutting on the line of proposed sewer or drain, will be equal to the estimated cost of the improvements. On the day named, any and all interested persons who may appear before the Board shall have a full hearing on the question, and on any matter pertaining to the proposed improvement. The Clerk of the Board is hereby ordered to give notice by two weekly publications of the time and place of hearing of this resolution, in two newspapers representing the two major political parties, the first publication to be not less than ten (10) days before the date of hearing. Adopted this 4th day of February, 1974. BOARD OF PUBLIC WORKS s/ Rollin E. Farrand s/ James R. Seitz ATTEST: s/ Patricia DeClercq REPORT ON PETITION FOR TRAFFIC SIGNAL AT FELLOW AND IRELAND The Board received the following report from Clem F. Hazinski, Manager, Bureau of Traffic and Lighting: A petition for traffic signals at Fellow and Ireland Road was sent to this Bureau for investigation and report. Signalization, with semi -actuation, is warranted and recommended for this intersection. Preliminary construction such as hand holes and conduit was completed when Ireland Road was widened and improved at that location. U41 REGULAR MEETING FEBRUARY 4, 1974 Presently the Engineering Firm of Cole and Associates is conducting a. study for further improvement of Ireland Road from Fellow to Michigan and such signalization as requested is included. s/ Clem Hazinski Upon motion made, seconded and carried, the Board ordered the report filed. APPROVAL GIVEN TO WALKATHONS The Board received a recommendation from Clem F. Hazinski, Manager, Bureau of Traffic and Lighting,,that approval be given to the following walks: March of Dimes - Saturday, April 6, 1974 Council for the Retarded Ride a Bike - Sunday, April 28, 1974 Youth Coalition - Saturday, May 4, 1974 Mr. Hazinski recommended that the groups be notified of Board approval and asked to submit their routes as soon as possible. Upon motion made, seconded and carried, the Board approved the Walkathons as recommended by Mr. Hazinski. LETTER FROM COUNCILMAN PARENT RE: SNOW REMOVAL AND PROHIBITION OF PEDESTRIANS ON COOPER BRIDGE A letter from Councilman Roger Parent addressed to the Board of Public Safety was referred to the Board of Public Works. The letter asked for enforcement of the ordinances prohibiting pedestrians on the Cooper Bridge and requiring that property owners shovel snow from sidewalks. Mr. Roemer said that there is an ordinance requiring that snow be removed from sidewalks. When an owner does not comply, the Board of Public Works can have the snow removed and bill the owner. There have been several complaints received this year in regard to sidewalks not being shoveled, but the Legal Department has been able to get compliance by telephoning the owners. In regard to the matter of keeping pedestrians off the Cooper Bridge, Mr. Farrand explained that this is a limited - access State Highway and is so marked and pedestrians are prohibited. This is difficult to enforce. School children do walk on the bridge and a part of the fence has been taken down. Mr. Farrand said he has written the Division Super- intendent of the Highway Department in LaPorte advising him of this problem and asking that the fence be repaired. Mr. Roemer suggested that the Police Department be notifiedthat there is a problem with pedestrians on the bridge. Mr. Farrand said that he would respond to Mr. Parent in regard to the snow removal problem and Mr. Roemer said that he would write Mr. Parent in regard to the problem of pedestrians on the bridge. APPROVAL OF BOND - ROSELAND CONSTRUCTION COMPANY The Board received a recommendation from Ray S. Andrysiak, Bureau of Engineering, that the Contractor's Bond for Roseland Construction could be approved to 12/31/74. Upon motion made, seconded and carried, the Board approved the bond. STREET LIGHT OUTAGE REPORT The Street Light Outage Report for the period of January 21 to January 30, 1974 was received and ordered filed. APPROVAL OF TRAFFIC CONTROL DEVICES The Board received a recommendation from Clem F. Hazinski, Manager, Bureau of Traffic and Lighting, for the installation of a 30 minute time limit on parking at 1321, 1325 and 1327 S. Michigan Street to provide turnover of parking for three retail establishments. Upon motion made, seconded and carried, the Board approved the installation. L_J 1 REGULAR MEETING FEBRUARY 4, 1974 PETITION TO VACATE A PORTION OF CHIPPEWA AVENUE First Community Development Corporation files its petition to vacate a portion of Chippewa Avenue between the west line of the recorded plat of Miami Hills Addition and the east boundary of the Southmore Community Housing Development for the purpose of constructing multifamily housing. Upon motion made, seconded and carried, the petition was referred to the Division of Engineering for preliminary investigation and report. REQUEST TO REMOVE PARKING LIMIT SIGNS ON WILLIAM STREET The Board received a letter from the South Bend Civic Planning Association suggesting that parking limit signs at 315 N. William Street can be removed since the doctor's office has been moved and the need for restricted parking eliminated. Upon motion made, seconded and carried, the letter was referred to the Bureau of Traffic and Lighting for appropriate action. ADOPTION OF IMPROVEMENT RESOLUTION NO. 3393, 1974 Upon motion made, seconded and carried, the following resolution was adopted: IMPROVEMENT RESOLUTION NO. 3393, 1974 BE 1T RESOLVED, by the Board of Public Works of the City of South Bend, Indiana [] that it is deemed necessary to improve South Main Street from Chippewa Avenue to Ireland Road by constructing local Water Mains. The same to be done in accordance with the profiles, drawings, general details and specifications for such improvement approved and to be adopted by the Board of Public Works of the City of South Bend, Indiana, immediately upon the final adoption and confirmation of this resolution, and placed on file in the office of the Board of Public Works of said City, and such improvement is now ordered. The total cost of said improvement, including all incidental costs such as advertising and engineering shall be assessed upon the real estate abutting on said South Main Street, in accordance with applicable statutes. The said improvement is to be financed and paid for as provided in Chapter 40, of the Acts of 1953, as amended (1971 I.C. 18-6-3). Assessments, if deferred, are to be paid in five (5) equal installments, with interest at the rate of xix (6) per cent per annum. The 26th day of February, 1974 at the hour of 7:30 p.m. o'clock, Local Time, is hereby fixed as the time and the Board of Works Hearing Room as the place, when and where all persons whose property may be affected by such proposed improvement, may be heard as to the necessity for the same, and all petitions and remonstrances received. The Board will, on said day, decide whether the benefits accruing to abutting and adjacent property and to the City of South Bend, Indiana will be equal to or exceed the estimated cost of said improvement. The Clerk of the Board is hereby ordered to give notice by two weekly publications, of the time and place of hearing of this resolution. Adopted February 4, 1974. BOARD OF PUBLIC WORKS s/ Rollin E. Farrand s/ James R. Seitz ATTEST: s/ Patricia DeClercq Notice of Hearing Published on February 8 and February 15, 1974. LIM REGULAR MEETING FEBRUARY 4, 1974 REPORT ON MC DONALD'S PETITION TO VACATE ALLEY Mr. James A. Roemer, City Attorney, reported to the Board that he had investigated the Board's request that consideration be given to assessing benefits in the proposed vacation of an alley petitioned by McDonald's Restaurant. Mr. Roemer said it would be his recommendation that the Board not do this since it is not normally done in a vacation procedure and this might be setting a precedent. He said in a vacation procedure where there are several property owners, it might be difficult to get them all to agree to pay for the property they would get. He also said the purpose of vacating property is to get it back on the tax rolls. Assessing benefits in a vacation procedure would be difficult administratively and would require a tremendous amount of negotiating. He said he would favor the Board asking McDonald's for quitclaim deed to their least; -hold interest in the property they are leasing where the Madison Street bridge approach is needed, in the event of any eminent domain proceeding in regard to obtaining the right-of-way. Mr. Steve Lilly of McDonald's was present. He said he has con- tacted his company's legal department and they feel it would be difficult to give a quitclaim deed for the property in question. If there was a condemnation suit on that parcel, it was felt that giving a quitclaim deed to the City might alienate the fee holder's interest and put a cloud on their title. He said they would consider giving the City a release in the amount of $10,000 of any condemnation award that might be made. McDonald's lease expires in 1982. Mr. Roemer then asked if Mr. Lilly would present a written proposal for the Board's consideration. Mr. Lilly said that he would. Mr. Roemer recommended that the Board proceed with the normal procedure in the vacation of the alley McDonald's is petitioning to vacate. Upon motion made, seconded and carried, the'Board referred the petition to the Division of Engineering for the preparation of the Vacation Resolution. There being no further business to come before the Board, upon motion made, seconded and carried, the meeting adjourned at 10:25 a.m. Rollin E. Farrand s R. Seitz