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HomeMy WebLinkAbout08/19/74 Board of Public Works Minutes'REGULAR, MEETING AUGUST 19, 1974 A regular meeting of the Board of Public Works was convened at 9:30 a.m. on Monday, August 19, 1974 with all members present. Deputy City Attorney Kathleen Cekanski was also present. Minutes of the previous meet- ing were reviewed and approved. OPENING OF BIDS ABANDONED VEHICLES (SALE OF) This was the date set for receiving bids for the removal and disposal of approximately 79 abandoned vehicles. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri-County News which were found to be sufficient. The following bids were opened and publicly read: Falo Auto Parts Route No. 2, Box 310 Buchanan, Michigan Bid - $25.50 per car Bush Auto Parts 58505 Linden Road South Bend, Indiana Bid - $1,600.00 Bid was signed by Geo. L. Cole Bid was signed by L. Bush Upon motion made, seconded and carried, the Board referred the bids for the sale of approximately 79 abandoned vehicles to the Department of Public Works for review and recommendation. . PUBLIC HEARING - IMPROVEMENT RESOLUTION NO. 3404, 1974 ELWOOD AVENUE CURB AND SIDEWALK IMPROVEMENTS This was the date set for holding a public hearing on Improvement Resolution No. 3404, 1974 for the improvement of Elwood Curbs and Sidewalks. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri-County News which were found to be sufficient. The preliminary plans were available for inspection. There was no one present to speak on the Improvement Resolution. The following letter was presented to the Board and publicly read: August 16, 1974 Board of Public Works City of South Bend County -City Building South Bend, Indiana 46601 Re: Resolution No. 3404 - 1974 Sidewalk and Curb Improvements Elwood Avenue and Muessel Park Gentlemen: In your regular meeting on August 5, 1974, you adopted Resolution No. 3404-1974 and set a public hearing on the resolution for August 19, 1974. As your consultants on this project we would like to alert you to two problems with respect to this hearing. Chapter 317, of the Acts of 1969 (Street, Alley and other Public Improvements Act of 1969; 1971 I.C. 19-8-16) requires: ..that on a day named, not less than ten days from the date of the last publi- cation (of the notice), the Board will hear all persons interested or whose property is liable to be assessed for the proposed improvement..." (Sec. 5) and also requires: "A like notice shall be sent by mail to each property owner affected by the proposed improvement..." (Sec. 5) P� REGULAR MEETING AUGUST 19, 1974 The notice for this hearing was published August 9, 1974 and August 16, 1974. Therefore, the hearing is to be held only three days from the date of the last publication. Also, we have been informed that no notices have been mailed. Although this procedure is proper for construction of sewers (1971 I.C. 19-2-7) it is not proper for side- walk and curb projects. It is our recommendation that the Board conduct a hearing on the res- olution on August 19, 1974, as stated in the published notice, and conduct a second hearing no earlier than September 9, 1974, with notice published August 23, 1974 and August 30, 1974, and copies mailed to the property owners affected. The property affected is listed in our letter addressed to Mr. Farrand dated July 31, 1974. Very truly yours, s/ Gerald R. Phipps Upon motion made, seconded and carried, the Board moved that the public hearing on -Improvement Resolution No. 3404, 1974 be re - advertised and that notices be mailed to each property owner affected by'the proposed improvement. all LETTER REGARDING VACATION RESOLUTION NO. 3380, 1974 W The following letter was received by the Board of Public Works and publicly read: Mr. Rollin E. Farrand, Sr., P.E. Director Department of Public Works City of South Bend South Bend, Indiana 46601 Dear Mr. Farrand: We received your letter regarding the petition which was presented to the Department of Public Works by our neighbors supposedly affected by the vacation of the alley. Mr. Farrand, if proceedings are recalled correctly, there were thirty days from date of vacation for public remonstrance which, to our knowledge, did not take place. It has been roughly one year since the alley was vacated and during that time, city and other trash re- moval services have been using our drive for the benefit of the res- idents who signed the petition. It was not until several weeks ago when the fence was erected that we had any indication of neighbor problems. At the time we petitioned the city to vacate the alley, we made it very clear that a fence would be erected to prohibit both through motor vehicle and pedestrian traffic both of which were the source of our problems. Further, it was pointed out at the original hear- ing that once the fence was constructed, trucks would no longer be able to proceed down the driveway which admittedly caused comment at the hearing. We specifically suggested that the trucks back down the alley and drive out or vice versa. Also, we recently made certain suggestions to neighbors (copy of letter attached) regarding other sources of trash removal which would accommodate their needs. Mr. Farrand, our original purpose of vacating the alley and in the construction of the fence remain unchanged; namely: the safety of ours and other children in the neighborhood and the security of our property. Specifically, you asked that we respond to two suggestions which were made at the July 29 hearing: 1. "That any barricades in this vacated alley be placed to permit solid waste pick-up trucks to turn around, and I J 7 REGULAR MEETING AUGUST 19, 1974 2. If the alley is to .'be.barricaded, it be barricaded so as to permit pedestrian traffic to the open east -west alley." Mr. Farrand, the fence was erected precisely on the property line and if it were to be moved even the slightest, it would prohibit out get- ting in and out of the garage. Also, we aer not willing to open it to pedestrian traffic inasmuch as that would defeat one of the principal reasons for our petition to vacate the alley. We honestly want to be good neighbors and have tried to demonstrate that by recommending alternatives to their petition; however, com- pliance with either of these requests would totally negate the purpose of the petition. We genuinely hope the Board of Public Works and our neighbors understand and we regret the action taken. Kindest regards. s/ Robert Hamilton s/ Beverly Hamilton s/ Jerome B. Kearns s/ Judith L. Kearns CHANGE ORDER - AIRPORT INDUSTRIAL PARK A Change Order was submitted to the Board for the Airport Industrial Park. The Change Order increased the contract by $49,980.75. Upon motion made, seconded and carried, the Board approved the Change Order. PARKING PROHIBITED ON McKINLEY BETWEEN MANCHESTER AND HICKORY The Board received a recommendation from Clem Hazinski, Manager of the Bureau of Traffic and Lighting, that parking be prohibited on McKinley (US 20) on both sides between Manchester and Hickory. It is presently being improved by widening and paving. Upon motion made, seconded and carried, the Board approved the recommendation and moved that a resolution recommending it be sent to the Indiana State Highway Commission. U.S. 31-ANGELA BOULEVARD INTERSECTION RIETH-RILEY COMMENDED Mr. Barcome commended the Rieth-Riley Construction Company for the expediency in which they did the job at the Angela Boulevard - U.S. 31 intersection. LATE BID ON SALE OF ABANDONED VEHICLES At 9:53 a.m. the Board received an unsealed bid for the sale of abandoned vehicles from South Bend Auto Parts, Inc. The Board did not review the bid and upon motion made, seconded and carried, re- ferred the bid to the City Attorney's office for a recommendation as to the legality of the bid. CLOSING OF WASHINGTON STREET FOR CONCERT The Board received a recommendation from the Bureau of Traffic and Lighting to approve the request of the LaSalle Athletic and Action Program, Inc. to close W. Washington Street for a concert, between Kaley and Falcon, on Sunday August 25, 1974. It was further recom- mended that the following provisions be followed: 1. Police, Fire and Park Departments be notified. 2. That Washington be closed between Dundee and Falcon. REGULAR MEETING AUGUST 19, 1974 3. Special requirements of the Board are met. Upon motion made, seconded and carried, the Board approved the recom- mendation of the Bureau of Traffic and Lighting. APPROVAL OF APPLICATIONS FOR RIVER BEND PLAZA The following applications were received for booths on River Bend Plaza: Office Education Association Alumni, South Bend Park Department and the Indiana Air National Guard. Upon motion made, seconded and carried, the applications were approved. PHOTO HUT - RIVER BEND PLAZA Deputy City Attorney Kathleen Cekanski brought to the attention of the Board the matter of the Photo Hut on River Bead Plaza. She noted that the River Bend Plaza Advisory Committee adopted rules that would allow small food or craft items that are not in direct competition with the merchants. The Legal Department offered a compromise that the Photo Hut be moved down by the River Bend Plaza Office as an alternate to their leaving the Plaza. Upon motion made, seconded and carried, the Board authorized the Legal Department to continue the negotiatons. LETTER COMMENDING TRASH PICK-UP ON THE PLAZA The Board of Public Works received a letter from Mr. Bill G. Wagoner stating that he was pleased to hear that the problem with the trash receptacles on River Bend Plaza has been solved. Upon motion made, seconded and carried, the Board filed the letter. APPROVAL OF TRAFFIC CONTROL DEVICE The Board of Public Works received a recommendation from the Bureau of Traffic and Lighting for a stop sign on Marquette at Elmer, northeast corner. Because of lack of adequate visability, warrants no longer exist for a Yield sign at this location. Upon motion made, seconded and carried, the Board approved the recommendation. STREET LIGHT REQUEST - AREA OF 5435 YORK ROAD A petiton signed by four property owners for the installation of street lights in the area of 5435 York Road was received by the Board of Public Works. Upon motion made, seconded and carried, the petition was referred to the Bureau of Traffic and Lighting for re- view and recommendation. STREET DEPARTMENT VEHICLE BEING SCRAPED FOR SALVAGE PARTS The Board received a letter from Donald L. Decker, Director of the Division of Transportation, stating that the following vehicle was destroyed by fire and is being scraped for salvage parts: Unit #9A 1971 International 1 Ton Dump Model #1310 Serial #113301H126583 Mr. Farrand stated that this happened about two months ago and Mr. Decker has already gotten the insurance settlement. Upon motion made, seconded and carried, the Board authorized Mr. Decker to scrap the vehicle and to notify the Board when he is ready to sell it. MICHIANA WALK FOR DEVELOPMENT - WALKATHON CANCELLED Michiana Walk for Development submitted a letter to the Board stating that since April when they requested Sepember 21, 1974 as a Walkathon date, a number of personal conflicts have arisen, making it unfeasible to have another Michiana Walk for Development at this time. Upon motion made, seconded and carried, the Board filed the letter. 1 REGULAR MEETING AUGUST 19-, 1974 BONDS APPROVED Raymond S. Andrysiak, Bureau of Engineering, reported• to the Board the following bonds were properly executed and could be approved: Excavation bond for Thomas Klinedinst d/b/a Michiana Lawn Sprinklers to 8/19/75. Excavation bond for Norman Harry Wiseman to 6/18/75. Contractor's bond for Raymond C. Rance d/b/a Rance Construction to 8/14/75. Upon motion made, seconded and carried, the bonds were approved to the dates listed. MADISON STREET BRIDGE - PRELIMINARY DRAFT OF AGREEMENT A Preliminary Draft Agreement between the City and the County for the Madison Street bridge was filed with the Board. Upon motion made, seconded and carried, the Board authorized the Department of Public Works and the City Attorneyto negotiate the agreement to its final form. REQUEST TO ENCROACH ON CITY PROPERTY - 214 W. JEFFERSON Mr. Rene Van Overberghe, Van Overberghe Builders, appeared before the Board to seek permission to encroach 4" on the City property. A new brick frontwill be put on Milt's Grill, 214 W. Jefferson. Mr. Forrest West, Building Commission, appeared before the Board and said he recommended approval of the 4" encorachment, provided the sign they have be removed and replaced with a sign that is in accordance with the sign ordinance. Upon motion made, seconded and carried, the Board moved to allow Mr. West to release the permit, subject to the signage being in accordance with the sign ordinance. STREET LIGHT OUTAGE REPORT The Street Light Outage Report for the period of August 7 through August 15, 1974 was received and upon motion made, seconded and carried, was ordered filed. There being no futher business to come before the Board, upon motion made, seconded and carried, the meeting adjourned at 10:30 a.m. ATTEST: CLERK I 1