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HomeMy WebLinkAbout04/22/74 Board of Public Works MinutesREGULAR MEETING APRIL 22, 1974 A regular meeting of the Board of Public Works was convened at 9:30 a.m. on Monday, April 22, 1974 with all members present. City Attorney James A. Roemer was also present. Minutes of the previous meeting were reviewed and approved. APPROVAL OF CIVIC CENTER CLAIMS Mr. Charles F. Lennon, Jr., Director of the Department of Redevelopment, was present and submitted to the Board claims for the Civic Center as follows: Architects Fee, Design Development Phase - $31,000; Landscaping, $3875; Architects Programming Services, $680.80; Architects Expenses, $1464.44. The claims have been approved by the Civic Center Authority and Mr. Lennon. Upon motion made, seconded and carried, the Board approved the claims. REQUEST TO USE LAGOON K FOR LITTLE LEAGUE ACTIVITIES The Board received a request from Charles Lennon, Jr., Director of the East Side Little League, for permission to use Lagoon K for little league and girls softball activities on a three year lease basis. Mr. Lennon said they would furnish the City with a "Hold Harmless" clause. Mr. Roemer asked how the lease agreement would be terminated. Mr. Lennon said they would request that Q the City notify them in December if they wanted the lease terminated. Mr. Seitz C�3 asked if any backstops or other equipment installed would be left there when the lease was terminated and Mr. Lennon said that it would. Upon motion made, seconded and carried, the Board referred the request to the Legal Department for the preparation of a lease agreement containing a $1.00 per year rental, a "Hold Harmless" indemnifying the City, and a clause stating that the lease can be terminated upon thirty days notice by the City of South Bend. BILL FOR TRASH REMOVAL AT 1601 PRAIRIE AVENUE SUBMITTED Mr. Donald Decker, Director, Division of Transportation, was present and informed the Board that, at the request of the St. Joseph County Health Department, he had ordered a crew to remove trash at 1601 Prairie Avenue. A bill was then submitted to the Health Department for the clean-up. The Health Department has returned the bill to Mr. Decker noting that they have no funds for clearing of trash. There was a discussion about procedures to be followed on such trash complaints. It was agreed that responsibility for the bill should be the property owner's. Upon motion made, seconded and carried, the bill was referred to the Legal Department with the request that the property owner be contacted and asked::to pay for the trash removal. HEARING ON ASSESSMENT ROLL, VACATION RESOLUTION NO. 3394 This being the date set for holding a hearing on the Assessment Roll for Vacation Resolution No. 3394, 1974, hearing was held on the Assessment Roll 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 north -south alley east of Michigan Street, being the east -west alley between Lots No. 139 and 138 in the Original Plat of South Bend. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri-County News which were found to be sufficient. Notice was published on March 22, March 29 and April 5, 1974. Notice was received from the Northern Indiana Public Service Company that they are presently occupying and using a portion of the alley and they do not waive the rights therein granted to occupy said alley. No remonstrators appeared and no written remonstrances having been received, upon motion made, seconded and carried, the Assessment Roll showing no net damages and no net benefits was approved as adopted and said resolution is in all things ratified and confirmed and said proceedings closed. AGREEMENT - FRANCHISE REALTY CORPORATION (McDONALD'S) AND CITY OF SOUTH BEND The Board received an Agreement from the Franchise Realty Corporation, which operates McDonald's, releasing their lease -hold interest in the property they are leasing at their present location near the proposed right-of-way for the Madison Street Bridge to the City of South Bend. Upon motion made, seconded and carried, the Board signed the agreement. 72 REGULAR MEETING APRIL 22, 1974 RECOMMENDATION TO AWARD BID - VACUUM ,L:EAF LOADERS The Board received a recommendation from Donald Decker, Director, Division of Transportation, that the bid of Korte Brothers for four vacuum leaf loaders at a total bid price of $20,375 be accepted, subject to approval of funds by the Common Council from the Federal Revenue Sharing Assistance Grant. Upon motion made, seconded and carried, the Board accepted Mr. Decker's recommendation to award the bid, subject to Common Council appropriation of the funds. AWARDING OF BID - MEADOWVIEW SEWER PROJECT The matter of the bids for the Meadowview Sewer Project was taken under advisement at last week's meeting for a determination from the Legal Department. The low bidder, Dye Plumbing & Heating Company, had qualified their bid to say that it did not include relocation of utility poles. Mr. Harold Bennitt, representing Dye Plumbing & Heating Company, was present last week and told the Board that his Company would complete all the work at the total bid price quoted. Three of the four bidders qualified their bids to reflect the cost of relocating utility poles. The second lowest bidder did not qualify his bid. Mr. Bennitt was present and he assured the Board that his Company would complete the construction for the bid price quoted. Mr. James A. Roemer, City Attorney, said, in his opinion, the bid from Dye Plumbing & Heating Company could be accepted as the lowest and best bid, since the Board would be accepting the bid as being responsive and the qualification would be rejected. On the advice of counsel, the Board, upon motion made, seconded and carried, accepted the low bid of Dye Plumbing & Heating Company, Inc. for construction of the Meadowview Sewers at a total bid price of $55,812.00, and they rejected the qualification which accompanied the bid. LEASE AGREEMENT - RIVER BEND PLAZA AUTHORITY AND DEPARTMENT OF REDEVELOPMENT The Board received a lease agreement between the Department of Redevelopment and the River Bend Plaza Authority for the leasing of an office at 112 S. Michigan Street for an office for the Director of the River Bend Plaza at a rental of $200.00 per month. The lease agreement was taken under advisement until such time as the matter of a financial authority for the River Bend Authority has been established. REQUEST FOR PARADE - ST. JOSEPH VALLEY MEMORIAL DAY COMMITTEE The Board received a request from the St. Joseph Valley Memorial Day Committee to hold a parade on Monday, May 27. The request outlined the route proposed. Upon motion made, seconded and carried, the request was referred to the Bureau of Traffic and Lighting for review and recommendation. REQUEST FOR TRAFFIC SIGNAL - MIAMI AT RIDGEDALE A petition for a traffic signal at the intersection of Miami and Ridgedale was received from William A. Carleton, representing the Stanley Clark School. The letter called attention to dangerous conditions at the intersection because of increased traffic. Mr. Farrand noted that this signal installation was included in an ordinance filed with the Common Council to appropriate funds. The ordinance will have first reading on April 22, 1974. Upon motion made, seconded and carried, the letter was ordered filed and a copy sent to Council President Peter J. Nemeth and Councilman Frank Horvath. A letter was directed to be sent to Mr. Carleton telling him that the ordinance has been filed and requesting that all persons interested in the signal installation attend the public hearing on May 13, 1974 before the Common Council. APPROVAL OF TITLE SHEET - OAK PARK SEWERS The title sheet approving plans for the construction of Oak Park Sewers, authorized under Improvement Resolution No. 3400, 1974, was presented to the Board. Upon motion made, seconded and carried, the Board signed the title sheet approving the plans. 1 1 7 REGULAR MEETING APRIL 22, 1974 REQUEST TO ADVERTISE FOR BIDS - OAK PARK SEWERS The Department of Public Works requested that bids be advertised for the Oak Park Sewer project, authorized under Improvement Resolution No. 3400, 1974. Upon motion made, seconded and carried, the Board approved the request and the Clerk was directed to advertise for bids on April 26 and May.3, with bids to be opened at 9:30 a.m. on May 6, 1974. ADOPTION OF IMPROVEMENT RESOLUTION NO. 3402, 1974 Upon motion made, seconded and carried, the following resolution was adopted: IMPROVEMENT RESOLUTION NO. 3402 BE IT RESOLVED by the Board of Public Works of the City of South Bend, Indiana, that it is deemed necessary to improve the certain streets in the far northwest area of the City of South Bend, Indiana by constructing local sanitary sewers 8" and 10" in diameter. 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. W W The total cost of said improvement, including all incidental costs such as advertising and engineering shall be assessed upon the real estate abutting on such streets, 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 six (6) per cent per annum. [1 The 22nd day of May, 1974 at the hour of 7:30 p.m. o'clock, Local Time, is hereby fixed as the time, and the LaSalle High School 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 April 22, 1974. BOARD OF PUBLIC WORKS s/ Rollin E. Farrand s/ James R. Seitz s/ James V. Barcome Notice of Hearing Published on April 26 and May 3, 1974 s/ Patricia DeClercq, Clerk Mr. David Wells, Manager, Bureau of Design and Administration, explained that the Resolution involves the unsewere d portions of Eclipse, Kaley, Meade, Fremont, Olive, Elmer and Huey Streets, between Lathrop and Bulla Streets. REQUEST TO TOW ADVERTISING BANNERS OVER THE CITY OF SOUTH BEND The Board received a request from Ronald J. Ellis of Coloma, Michigan requesting written permission to tow advertising banners over the City of South Bend from April 2, 1974 to April 2, 1975. Mr. Ellis has F.A.A. approval for the flights. Mr. Roemer said that he would recommendt hat the Board request from Mr. Ellis a schedule of such flights and notice of what kind of advertising material would be towed before the Board gave any approval. Upon motion made, seconded and carried, the request was filed and Mr. Ellis will be contacted to ask for a schedule and a list of advertising material. 7 4 REGULAR MEETING CERTIFICATE OF INSURANCE FILED APRIL 22, 1974 The Board received a Certificate of Insurance from the Continental Water Conditioning Corporation. Upon motion made, seconded and carried, the Certificate was ordered filed. STREET LIGHT OUTAGE REPORT FILED The Street Light Outage report for the period of April 8 through 16 was received and, upon motion made, seconded and carried, was ordered filed. COMPLAINT - FLOWER VENDORS A group of citizens representing local florists appeared before the Board in regard to flower vendors at various intersections in South Bend. Mr. Joseph Czarnecki, Mrs. Dorothy DeClerck, Mr. Del Powers and Mr. John Bruce spoke to the Board. They complained that a Chicago florist has been bringing truckloads of flowers into South Bend and getting people to sell them from stands at various intersections. It is their understanding that the people do not have proper licenses. There was a discussion of the Municipal Code requirements for permits and licenses. City Attorney James Roemer said it would appear that no person could sell flowers at any location without a license. He said the Board of Public Works could notify the Chief of Police to advise him that police officers should inquire of any flower vendors whether they have a license. If they have no license, they are subject to arrest and can be made to leave the location. Mr. Roemer continued that, in the event they do have a license, it should specify the location approved, and it should be on private property. If they are operating on a sidewalk or public right-of-way, approval is needed from the Board of Public Works. This Board has not granted approval for anyone to sell flowers on public property and the Police Chief should be so notified. Mr. Roemer then recommended to the Board that the Chief of Police should be advised that all such flower stands be investigated. If they do not have the proper license and permit, appropriate action should be taken to enforce the Municipal Code. The citizens who were present were advised to check with the Board of Public Works in the City of Mishawaka and the County Commissioners in regard to locations outside the City of South Bend. The Board was presented with a list of locations where the flower stands are operating. Mr. Roemer noted that if any of the flower vendors have a proper location for a particular location, they cannot be asked to leave and he commented that the City cannot deny anyone a license if they apply in the proper manner for the license which is applicable. It was noted that some of these locations near intersections could create traffic hazards. Upon motion made, seconded and carried, the Board directed that the Chief of Police be advised that all flower stands operating in the City of South Bend be investigated and, if they do not have the proper license and permit for the location in which they are operating, appropriate action be taken to have them leave the location and cease selling the flowers. LOOSE DOGS Mr. Seitz commented on the unfortunate incident at Storyland Zoo where pet deer were attacked by a pack of dogs and said loose dogs in the parks will be dealt with strongly. Mr. Roemer said that police officers are within their authority to shoot loose dogs in the public parks. There being no further business to come before the meeting, upon motion made, seconded and carried, the meeting adjourned at 10:45 a.m. 1