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HomeMy WebLinkAbout08/26/74 Board of Public Works MinutesREGULAR MEETING AUGUST 26. 1974 A regular meeting of the Board of Public Works convened at 9:30 a.m. on Monday, August 26, 1974 with all members present. Deputy City Attorney Kathleen Cekanski was also present. Minutes of the previous meeting were reviewed and approved. PUBLIC HEARING ON ASSESSMENT ROLL - IMPROVEMENT RESOLUTION NO. 3400, 1974 - OAK PARK SEWERS This being the date set, hearing was held on the Assessment Roll for Improvement Resolution No. 3400, 1974 for the construction of the Oak Park Sewers. 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. C . O. Stephenson, 2009 Oak Park Drive, was present and asked the Board who determines the percentage the property owners pay in a sewer project, and he questioned the amount assessed against an apartment complex on Rosemary Lane. Mr. David Wells, Manager, Bureau of Design and Administration, explained that it was necessary to install a lift station at the time that sewer was installed and because the lift station will be used by other areas as well, it was determined that the City would pay the p share it did. Mr. Wells said, prior to this Administration, the C,O cost of sewer construction was assessed 100% against the property. cT owners. Mr. McMullin, 1814 Oak Park Drive, called the attention of the Board to the fact that he purchased 20 feet of property for a garage from the owner of the corner lot adjacent to his and he felt this 20 feet had been assessed for a previous sewer installation. Mr. Wells said he would look into this matter and he recommended that the Board delay final action on the Assessment Roll until he had the information regarding Mr. McMullin's property. Upon motion made, seconded and carried, -the Board delayed final action on the approval of the Assessment Roll until they receive Mr. Wells' report next Monday. PRELIMINARY PLANS, ASSESSMENT ROLL AND ENGINEER'S ESTIMATE FILED FOR HOMELAND ADDITION SEWERS The Board received the preliminary plans, preliminary assessment roll, engineer's estimate and improvement resolution for the construction of sanitary sewers in Homeland Addition. Upon motion made, seconded and carried, the preliminary plans, assessment roll and engineer's estimate were filed with the Board and action on the Improvement Resolution was delayed until the funding is available. ADOPTION OF IMPROVEMENT RESOLUTION NO. 3405, 1974 - SANITARY SEWERS CREST MANOR, SECTIONS 2 AND 3, AND FILING OF PRELIMINARY PLANS, ASSESSMENT ROLL' AND' ENGINEER'S' ESTIMATE' " An improvement resolution, preliminary plans, assessment roll and the engineer's estimate for construction of sanitary sewers in Crest Manor, Section 2 and 3, in the easements between Cambridge and Roelke Drives, between Roelke Drive and Matthews Lane and between Matthews Lane and Huffman Drive, were submitted to the Board. Upon motion made, seconded and carried, the following resolution was adopted: IMPROVEMENT RESOLUTION NO. 3405 BE IT RESOLVED by the Board of Public Works of the City of South Bend, Indiana, that it is deemed necessary to improve the Crest Manor Subdivision, Sections 2 and 3 by constructing sanitary sewers in the easements between Cambridge and Roelke Drives, between Roelke Drive and Matthews Lane and between Matthews Lane and Huffman Drive. The same to be done in accordance with the profiles, drawings, general details and specifications for such improvements 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. 11.1 8, 0 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 Sanitary Sewer, in accordance with applicable statutes. The said imp-ovement 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. The 9th day of September, 1974 at the hour of 9:30 a.m. o'clock, Local Time, is hereby fixed as the time and the Board of Works Hearing Room, 1308 County -City Building 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 hear- ing of this resolution. Adopted August 26, 1974. BOARD OF PUBLIC WORKS s/ Rollin E. Farrand s/ James R. Seitz s/ James V. Barcome Notice of Hearing Published on August 30 and September 6,.1974 s/ Patricia DeClercq, Clerk of the Board Upon motion made, seconded and carried, the preliminary plans, assess- ment roll and engineer's estimate were filed with the Board. APPROVAL OF TITLE SHEET AND REQUEST TO ADVERTISE FOR BIDS APPROVED FOR CREST MANOR SEWERS, IMPROVEMENT RESOLUTION NO. 3403, 1974 The Board received the title sheet approving the plans for the con- struction of Crest Manor Sewers, authorized under Improvement Resolution No. 3403, 1974. Upon motion made, seconded and carried, the Board signed the title sheet. The Bureau of Design and Administration requested that the Board adver- tise for bids for construction of the Crest Manor Sewers. Upon motion made, seconded and carried, the request was approved and the Clerk was directed to advertise on August 30 and September 6 with bids to be received at 9:30 a.m. on Monday, September 9, 1974. SEWER CONTRACT APPROVED - MR. AND MRS. THOMAS SEGEE The Board received a private sewer contract with Mr. and Mrs. Thomas A. Segee, 1328 Matthews Lane, and a recommendation from the Bureau of Design and Administration that the contract be approved. David Wells informed the Board that this is a standard private sewer contract. Upon motion made, seconded and carried, the Board approved the contract. REPORT ON REQUEST FOR ACCEPTANCE OF ROSE COURT APARTMENT SITE The Board received the following letter: Board of Public Works City of South Bend Gentlemen: Pursuant to your request, an inspection has been made of the REGULAR MEETING AUGUST 26, 1974 Rose Court Apartment Site. Our findings are as follows: 1. The improvements as originally proposed are not complete. The developer's request for acceptance should, therefore, be considered a request for partial acceptance. 2. To date, the roadway and curbing are completed from Riverside Drive to STA 3+58.44 (approximately 55% complete). This portion of the improvement is recommended for acceptance. 3. The sanitary sewer work is completed. These sewer lines, however, were found to be plugged and in need of cleaning. It is. recommended that acceptance of the sanitary sewers be conditioned upon said cleaning, to be performed by the developer. His attention should be directed toward sanitary manhole #3. 4. The storm sewer work has been completed. It is in acceptable condition, except for the following: a) Inlets I1 and I2 require cleaning. b) The concrete headwall and apron were not constructed in accordance with the original plan. It was located approximately 55 feet away from its original designation, which was at the edge of the water. The headwall and apron are very unsightly due to the poor workmanship employed in their construction. It is the recommendation of this office that rip -rap be placed at the headwall down to the low-water edge of the river. Said rip -rap should be some type of stone, as opposed to broken concrete. This rip -rap would serve to prevent any erosion of the river bank between the apron and the water's edge, as well as to serve to improve the appearance of the structure. c) The pavement replacement in Riverside Drive is not acceptable. This patch should be removed and replaced by the developer. 5. The sidewalks constructed along the South side of Rose Court, from Riverside Drive for a distance of 340 feet are acceptable. However, this length of sidewalk represents only 27% of the original plan quantity. To summarize, it is our recommendation that the completed improve- ments be accepted by the City of South Bend, given that: 1) The above listed conditions are met. 2) The developer furnish the Board of Public Works a Performance Bond or equivalent bond in the amount of 100% of the incompleted portion of the proposed site. This bond is estimated at $13,000.00. Very truly yours, s/ Rollin E. Farrand, P. E. Director s/ Patrick M. McMahon, Manager Bureau of Public Construction Upon motion nade, seconded and carried, the Board,approved the recommendation and referred it to the Bureau of Design and Adminis- tration for further action. REGULAR MEETING AUGUST 26, 1974 REPORT FROM AREA PLAN COMMISSION RE: DEDICATION OF A PART OF O'BRIEN STREET The following report was received from the Area Plan Commission: "Gentlemen: The Area Plan Commission has reviewed the proposed dedication of right-of-way for O'Brien Street at their regular meeting of August 20, 1974. This area is shown in gray on the attached survey. This proposed dedication can be broken into two separate and distinct issues: (1) the actual dedication of the right-of-way; and (2) the effectiveness of the proposed dedication in providing a utility right-of-way to the house under construction. Relative to the first issue, the Commission's attorney, David Weisman, is of the opinion that the acceptance or rejection of the proposed dedication is the sole jurisdiction of the Board of Public Works and does not need the approval of the Area Plan Commission. The Commission would like to point out, however, that with thie acceptance of the right-of-way, the City will also be accepting the maintenance responsibility for an unimproved street. The second issue is more complex. It is our understanding that one of the primary purposes of the dedication is to provide a utility right-of-way to the house under construction on one of the lots shown in yellow on the attached survey. The lots shown in yellow on the attached survey do not appear to have frontage or access to the existing portion of O'Brien Street. A review of various source material indicates a conflict between the actual width of this section of O'Brien Street. Some sources indicate that the right-of-way is thirty-three (33) feet while others indicate that it is fifty-three (53) feet. The Registered Land Surveyor for the developer who is building on one of the lots shown in yellow on the attached survey is of the opinion that the right-of-way is thirty-three (33) feet. There appears to be a strip of ground, shown in black on the attached survey, which is situated between the right-of-way and the lots on the east side of the street. The Surveyor has indicated that this strip varies in width from 15.9 feet on the south to 17.4 feet on the north. If this strip of ground is in fact not a legal part of the right-of-way of O'Brien Street, the lots shown in yellow do not have access via O'Brien. This, in turn, would raise the question of whether utilities could be placed in the strip of ground. The Area Plan Commission recommends that since one of the petitioners for the dedication of O'Brien Street also owns one of the lots which may not have access to O'Brien Street that the status of the questionable strip of ground, shown in black on the enclosed survey, be resolved prior to placing utilities within the area. Very truly yours, s/ Richard S. Johnson Executive Director Upon motion made, seconded and carried, the Board filed the report and referred the matter to the Bureau of Design and Administration with the request that Mr. Lang be contacted and a review of the problem made. 1 1 REPORT FROM AREA PLAN COMMISSION RE: PETITION TO VACATE A PART OF SUNNYMEDE AVENUE The Area Plan Commission sent a report to the Board in regard to a petition to vacate a portion of Sunnymede Avenue which was referred to them. At the public hearing held by the Commission on August 20, 1974, the petition was tabled at the request of the petitioner. Upon motion made, seconded and carried, the Board tabled the matter until it is reinstated by the petitioner, and the Area Plan Commission report was ordered filed. CHANGE ORDER FOR PORTAGE GARDENS SEWERS APPROVED The Board received a Change Order in the Portage Gardens Sewer Project, authorized under Improvement Resolution No. 3392, 1974. The Change Order was in the amount of $2500.00. Mr. Farrand noted that because of a high pressure gas line, the sewer had to be shifted across the street. Upon motion made, seconded and carried, the Change Order was approved. CHANGE ORDER - IMPROVEMENT RESOLUTION NO. 3381, 1974 CThe Board received a Change Order in the Barrett Law Alley Pavement project authorized under Improvement Resolution No. 3381, for the paving of the alley bounded by Oakwood, Berkley, Beverly and Lathrop. The Change Order was an increase in the amount of $1,219.55. Mr. W Farrand noted that the change is necessary because there is an access W problem to some private garages on the alley which was not readily apparent during design. Upon motion made, seconded and carried, the Board approved the Change Order. AMENDMENT TO CONTRACT - BUREAU OF STREETS, MUNICIPAL SERVICES, TRAFFIC AND CEMETERIES WITH TEAMSTERS The Board received an amendment to the contract between the Bureau of Streets, Municipal Services, Traffic and Cemeteries with the Teamsters Union. City Attorney James Roemer recommended to the Board that it was ready for their review. Upon motion made, seconded and carried, the matter was tabled for discussion with the Bureau heads. RECOMMENDATION FROM LEGAL DEPARTMENT RE: LATE BID, ABANDONED VEHICLES The Board received a recommendation from Kathleen Cekanski, Deputy City Attorney, in regard to the late bid received for the sale of abandoned vehicles. The recommendation stated that since the advertisement for bids called for sealed bids to be received by 9.:30 a.m. on August 15, 1974 and the bid from South Bend Auto Parts, Inc. came after the designated time, the Board has the right to reject the bid. Upon motion made, seconded and carried, the Board filed the recommendation and rejected the bid received from South Bend Auto Parts. INSTALLATION OF STREET LIGHTS APPROVED The Board received a recommendation from the Bureau of Traffic and Lighting that two 7,000L MV OH WP street lights be installed on the west side of 5400 and 5500 York Road. Upon motion made by Mr. Seitz, seconded by Mr. Farrand, and carried, the installation was approved. Mr. Barcome abstained. RELEASE - TOPICS PROJECT T6000(11) The Board received a letter from the Indiana State Highway Commission that they have accepted the completed construction of Contract TX-9378, Project T-6000(11) and have released the contractor from any further maintenance responsibility, as of July 23, 1974. Under terms of the agreement dated May 9, 1974, the city streets and improvements involved now revert to the City of South Bend for maintenance. Upon motion made, seconded and carried, the Board filed the letter. a 4' REGULAR MEETING AUGUST 26, 1974 TENT SALE APPROVED The Board received a request from J. E. Walz, Inc. to hold a Tent Sale in the 3400 block of South Main Street beginning September 6, 1974 and continuing until the middle of October. Forrest West, Building Commissioner, reviewed the request and recommended to the Board that permission be granted, provided the installation is subject to the approval and supervision of the Fire Prevention Bureau and that it conforms to the BOCA Basic Building Code and that electrical installations be accomplished by a licensed electrical contractor. REQUEST TO PAINT HOUSE NUMBERS: ON CURB'S APPROVED The Board received a request from Miss Kim Bleak, representing the Church of Jesus Christ of Latter Day Saints to allow teenagers to paint house numbers on -curbs for donations to raise money for a trip to Washington, D. C. Upon motion made, seconded and carried, the Board approved the request for one week, with the stipulation that property owners be contacted and asked for donations before the numbers are painted and that all money collected be disbursed through the church. RIVER BEND PLAZA APPLICATION RECEIVED The Board received an application from Bobby Bethany to operate a booth to sell eight -track tapes on the Plaza. It was noted that his insurance certificate lists the location of the booth at 211 S. Michigan Street. This is not consistent with the present policy to keep vendors booths in the supergraphic area. He does not have his city license as yet. Upon motion made, seconded and carried, the matter was tabled and will be referred to Deputy City Attorney Kathleen Cekanski and Louis Wilcox for review. STREET LIGHT OUTAGE REPORT The Street Light Outage report for the period of August 15 through August 21 was received. Upon motion made, seconded and carried, the report was ordered filed. CHANGE OF DATE OF NEXT MEETING Because of the Labor Day holiday, the meeting of the Board of Public Works for next week will be held on Tuesday, September 3 at 1:30 p.m. with the Water Works Board and Wastewater Board to follow immediately after Board of Works adjournment. CANCELLATION OF BOARD MEETING OF SEPTEMBER 16TH It was announced that members of the Board will be attending the Indiana Association of Cities and Towns in Indianapolis and the Conference of American Public Works Associations. Upon motion made, seconded and carried, the meeting scheduled for September 16th is cancelled. BID FOR SALE OF ABANDONED VEHICLES APPROVED The Board received a recommendation from Rollin E. Farrand, Director of Public Works, that the bid of Falo Auto Parts of $25.50 per car be accepted for the sale of 79 abandoned vehicles. Upon motion made, seconded and carried, the Board awarded the sale to Falo Auto Parts for a total price of $2014.50. BOND APPROVED - D-MARK CONSTRUCTION The Board received a recommendation from Ray S. Andrysiak, Bureau of Engineering, that the Contractor's Bond for D-Mark Construction could be approved. Upon motion made, seconded and carried, the bond was approved to August 26, 1975. 1 REGULAR MEETING AUGUST 26, 1974 PERFORMANCE BOND FILED -'FIRE STATION NO. 4 Ed Bauer of the Building Department presented to the Board a Performance Bond from the Muia Construction Company for the construction of the new Fire Station No.'4. Upon motion made, seconded and carried, the bond was ordered filed. Upon the authorization of the Board, Rollin E. Farrand signed a Certificate of Compliance to be filed with the Administrative Building Council of the State of Indiana. There being no further business to come before the Board, upon motion made, seconded and carried, the meeting adjourned at 10:45 a.m. 0/4a' Y J � s R. Sei z ATTES - 0 CLERK I