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HomeMy WebLinkAbout03/11/74 Board of Public Works MinutesREGULAR MEETING MARCH 11, 1974 A regular meeting of the Board of Public Works was convened at 9:30 a.m. on Monday, March 11, 1974 with all members present. City Attorney James A. Roemer was also present. Minutes of the previous meeting were reviewed and approved. NELSON WORDEN - REQUEST TO DISTRIBUTE HANDBILLS Mr. Nelson Worden was present and requested permission to distribute handbills in the downtown area regarding a lecture series to be sponsored by the Gospel Center Missionary Church, They would like to pass out the handbills in the vicinity of the State Theatre, where the movie "The Exorcist" is playing. Mr. James A. Roemer, City Attorney, commented that he had reviewed the Municipal Code in regard to this matter and it appeared that the Board of Public Works would not have the right to approve or disapprove such a request. He then read from the Code, Chapter 3, Section 3-3, which stipulates that no advertising material can be distributed on the City streets or sidewalks. He read further that such material may be distributed if it is handed in at a residence or office or securely fastened to the door. Mr. Roemer noted that this was a City Ordinance passed by the Common Council. Mr. Barcome advised Mr. Worden to contact the State Theatre management to inquire whether these handbills could be passed out inside the theatre. �+ WELCOME EXTENDED TO GENE EVANS, DIRECTOR, CIVIC PLANNING ASSOCIATION n Mr. Barcome extended a welcome to Gene Evans, new Executive Director of the Civic Planning Association. The other Board members and Mr. Roemer also welcomed Mr. Evans V and wished him well as he assumes his duties. Mr. Barcome commented that Miss Virginia Guthrie would be missed and that he appreciated all the help she had given to him. PUBLIC HEARING ON VACATION RESOLUTION NO. 3394, 1974 This being the date set hearing was held on Vacation Resolution No. 3394, 1974 for the vacation of the east -west alley between Madison and Marion Streets, running from the east right of way line of Michigan Street to west right of way line of the first norty-south alley east of Michigan Street. The east -west alley between Lots No. 139 and 139 in the original plat of South Bend. Timothy Woods, Attorney, 1800 American National Bank Building, was present representing the Milton Home, owners of property behind this alley. Mr. Woods did not want to be heard as remonstrating against the alley vacation. He merely wanted to point out that this alley vacation, if approved, would limit .the access to the Milton Home property by the general public. Mr. Woods also inquired whether this alley vacation would affect any future plans for the Madison Street Bridge. He said the Milton Home had petitioned for the vacation of another alley in this area some years ago and they were turned down because plans for the exact location of the bridge were not final. Mr. Barcome said vacation of this alley would have no effect on the proposed Madison Street Bridge and said that it was a previous Board which turned down the Milton Home petition. Mr. Steve Lilly, representing McDonalds, said that the alley, as it is vacated, would not be closed off. They are considering moving the present curb cut further north, but the alley vacation would not appreciably affect ingress and egress to the Milton Home property. Mr. Charles Spiher, 2603 S. Twyckenham, owner of the Mar Main Pharmacy at 426 N. Michigan Street, spoke in favor of the vacation. Mr. Spiher said that the McDonald Corporation has a reputation as a high class fast food operation and the addition of a new building in the area would be a favorable one for the adjacent property owners. Mr. Roemer then informed the Board that he has an agreement from the FRC Corporation releasing any lease -hold interests they have, in the property they are now leasing, to the City of South Bend. Mr. Roemer asked Mr. Lilly if the FRC Corporation and McDonald's are the same. Mr. Lilly replied that in the State of Indiana McDonald's operates as the Franchise Realty Corporation. Mr. Roemer then noted that the agreement calls for the City to issue a quitclaim deed to the property if it is vacated. This is not standard procedure in an alley vacation and he requested that Mr. Lilly have that wording deleted from the agreement and present it to the Board for approval at the time the Assessment Roll hearing on the vacation is held: Upon motion made, seconded and carried, the Board ratified and confirmed Vacation Resolution No. 3394, 1974 and said alley is vacated. The City Engineer is directed to prepare an assessment roll showing the award of damages and the assessment of benefits to the surrounding properties. REGULAR MEETING MARCH 11, 1974 REPORT FROM JAMES A. ROEMER ON INVESTIGATION OF VACATION PROCEDURES Mr. Roemer made an interim report to the Board on his office's investigation of vacated property and whether it has been put on the tax bill of the affected property owner. He said he has assigned two internes to work on this matter and they have been putting in 15 to 20 hours a week on this job. They have received excellent cooperation from Thomas McFadden, Bureau of Engineering, in the matter of abstracting the vacated property and providing legal descriptions, and from Ideal Baldoni Portage Township Assessor, and S. J. Vitale, Deputy Portage Township Assessor, in researching the Assessor's records. They have been studying all vacations from 1960 through 1971. Results of the investigation so far have indicated 10 cases where vacated property was not put on the property tax rolls. Mr. Roemer said it was apparent that it would be five or six months before his investigation would be complete, but said he would submit interim reports. JAMES V. BARCOME ON VEHICLE BIDS Mr. Barcome said he wanted to comment on the bids accepted by the Board for vehicles. He said the Police Department cars were ordered with air conditioning and one car for the Communications Department was ordered with air conditioning. He said he was not aware that a vehicle under the Bureau of Water had specified air conditioning. He then requested that Mr. Farrand see that the vehicle be purchased without air conditioning. Mr. Barcome noted that vehicles for the Police Department were ordered with air conditioning because the officers spend long hours in the cars, as does the Communications Director. BUREAU OF STREETS TRUCK BIDS Awarding of the bid for four trucks for the Bureau of Streets was delayed for one week. FILING OF ASSESSMENT ROLL - VACATION RESOLUTION NO. 3391 1974 1 Rollin E. Farrand, City Engineer, files an assessment roll showing damages and assessment of benefits in Vacation Resolution No. 3391, the award of 1974, for the vacation of the east -west alley running between Lots 2, 3, 4 and 5 in Kuntsman'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. The following property may be injuriously or beneficially affected by such vacation: Lots 2, 3, 4 and 5 in Kuntsman's 2nd Addition. Total Net Benefits $0.00 Total Net Damages $0.00 Upon motion made, seconded and carried, the Board adopted the assessment roll and set 9:30 a.m., April 15th, 1974, Room 1308 County -City Building, South Bend, Indiana as the date and place of hearing all persons interested in or affected by such vacation. REQUEST FROM V.F.W. POST 1167 TO SELL POPPIES The Board received a request from the U.F.W. Post 1167 to sell poppies on the Streets on May 17 and 18, 1974. They have applied to the Charitable Solicitations Commission for a permit. Upon motion made, seconded and carried, the Board approved the request, subject to approval by the Commission. REQUEST FROM 150TH FIELD ARTILLERY FOR EASTER SEAL DRIVE The Board received a request from the 150th Field Artillery to hold their Annual Easter Seal Drive on April 6 and 7 at various intersections in the City. Upon motion made, seconded and carried, the Board referred the request to the Bureau of Traffic and Lighting for investigation and recommendation. REGULAR MEETING MARCH 11, 1974 CONTRACTOR'S BOND FOR GEORGE SAFF'RELEASED The Board received a recommendation from Ray S. Andrysiak, Bureau of Engineering, that the Contractor's Bond for George T. Saff could be released. Upon motion made, seconded and carried, the Contractor's Bond for George T. Saff, d/b/a Saff Construction Company, was released for all work done on or after March 11, 1974. BONDS APPROVED Ray S. Andrysiak, Bureau of Engineering, recommended that the Board approve the . following bonds: CONTRACTOR'S EXCAVATION Nandor Mago to 12/31/75 Three Way Construction Co. to 12/31/74 Charles Kopsea and William Ipe to l/l/75 Asher Construction Co. to 1/l/75 Upon motion made, seconded and carried, the Board approved the bonds to the dates listed above. NEWS VENDING STANDS ORDERED REMOVED The Board received a letter from Rollin E. Farrand, Director of Public Works, informing them that a news vending stand at the southwest corner of Main Street and Washington Street is in violation of the Municipal Code. Mr. Farrand said that he had also been informed that there is such a news vending stand at the southeast corner of Main and Wayne Streets, in front of the Public Library. Upon motion made, seconded and carried, the Board ordered that the Police Department be directed to remove the news vending stands. STREET LIGHT OUTAGE REPORT The Street Light Outage report for the period of February 27 through March 3, 1974 was received and, upon motion- made, seconded and carried, ordered filed. MR. HERBERT DE CROES RE: MEADOWVIEW SEWERS Mr. Herbert DeCroes, 1917 E. Denslow Drive, appeared before the Board and inquired about the status of the Meadowview Sewer Project. Mr. DeCroes said that he has a sewer problem and will have to have his septic tank pumped out. Mr. Farrand explained that the Engineering Department is in the process of obtaining the required easements for the project. As soon as they have the easements, they can advertise for bids. He said property owners will be contacted this week about the easements. Mr. DeCroes asked whether the City could not pump his septic tank and charge -him at a more favorable rate than a private contractor would charge. He said: since they are in the City and since sewers will be installed soon, he felt this would be reasonable. Mr. Barcome and Mr. Roemer agreed that this was a worthwhile question and said that the matter would be investigated. There being no further business to come before the Board, upon motion made, seconded and carried, the meeting adjourned at 10:45 a.m. es R. Seitz ATTEST: OCR CLERK