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HomeMy WebLinkAbout12/02/74 Board of Public Works Minutesi REGULAR MEETING DECEMBEP 1974 A regular meeting of the Board of Public Works was convened at 9:30 a.m. on Monday, December 2, 1974 with Mr. Farrand and Mr. Seitz present. Deputy City Attorney Kathleen Cekanski was also present. Minutes of the previous meeting were reviewed and approved._ PORTAGE GARDENS SEWER ASSESSMENT ROLL APPROVED The following report was received from David A. Wells, Manager, Bureau of Design and Construction, in regard to the remonstrance of the First Community Development Corporation against their sewer assessment for the Portage Gardens Sewer assessment: "In evaluating the original project of installing sewers in Portage Gardens, two things became apparent: 1. A trunk sewer down Linden Avenue was required to do the job properly, and 2. As much property as possible had to be assessed in order to get this project underway. As a result, the trunk sewer and the local sewers were lumped into one project for assessment purposes but with the further understanding that the City would pay all the costs of the trunk sewer and half of the local sewer costs. The remainder of the local sewer costs were distributed among the total assessable area. The total area included not only the areas served by the local sewers but also those areas abutting the trunk sewer and which, in addition, did not now have sewer service: This resulted in assessments for the focal residents about as low as we could possibly make them. This further resulted in areas being assessed which may or may not ever use the new sewer. As Mr. Brademas pointed out at the Board meeting, he currently has plans to develop in the future an area which is assessed and also wauld probably be sewered in some other manner. His situation is not unique. Colpaert Realty is in a very similar situation. The State of Indiana has an area which may never be developed. North American Van Lines and Mohawk Flush Doors have sewer service to their buildings but were assessed on the basis that underdeveloped areas of their properties had a substantial benefit from the new sewer. What all of these firms have in common is that whatever rationale might be developed to lower the assessment for First Community and Mr. Baademas will also be applicable to all of the others which are mentioned above. In addition, the reduction can only be absorbed by further City participation which is already a major part of the total cost of the project. It is our opinion that all the assessments meet all the statutory requirements and are reasonable. Further, the Barrett Law procedure was followed in a legal manner and all proper notices were made. It should be noted that even though the Assessment Roll is effectively closed, recourse in court is still available to any person who believes he has been subjected to arbitrary, capricious or discriminatory treatment. Based on the above, it is our recommendation that the Portage Gardens assessment roll be approved as submitted. s/ David A. Wells, P. E. 45 REGULAR MEETING DECEMBER 2, 1974 Mr. Farrand noted that a letter was sent to the First Community Development Company, Attention of Mr. Brademas, advising that this matter would be discussed at this meeting. Mr. Farrand also said there is always a question as to whether land will be developed in the manner originally proposed. Upon motion made, seconded and carried, the Board approved the Assessment Roll for the Portage Gardens Sewer as it was filed with them. BID ADVERTISING APPROVED - JANITORIAL SERVICES, M.S.F. The Board received a request from Stanley Przybylinski, Manager of the Municipal Services Facility, that bids be advertised for janitorial services for the Municipal Services Facility from February 1, 1975 to January 31, 1976. Specifications were attached to the request. Upon motion made, seconded and carried, the Board approved the request and directed the Clerk to advertise for bids on December 6 and 13 with bids to be received on December 16, 1974. RECOMMENDATION RE: PETITION TO VACATE PORTIONS OF DONALD, FOX AND RUSH STREETS AND THREE ALLEYS The Board received a recommendation from the Bureau of Design and O' Administration that they had reviewed the petition of the South Bend Community School Corporation to vacate portions of Donald, Fox and Rush Streets and three alleys in connection with the construction of the Riley High School parking lot. The recommendation indicated that there was no objection to the vacation, subject to exist"ing utilities. Upon motion made, seconded and carried, the recommendation was filed and the petition was referred to the Area Plan Commission for investigation and recommendation. CHANGE ORDER AND PROJECT COMPLETION AFFIDAVIT APPROVED - IRELAND- IRONWOOD SIDEWALKS A Change Order in the Contract with McIntyre & Jones for the construction of the Ireland -Ironwood Sidewalks was submitted to the Board. The Change Order decreased the contract by $195.2.3 and was to adjust to as -built quantities. The Project Completion Affidavit was also. submitted to the Board. Upon motion made, seconded and carried, the Board approved the Change Order and the Project Completion Affidavit. ADOPTION OF VACATION RESOLUTION NO. 3407, 1974 Upon motion made, seconded and carried, the following resolution was adopted by the Board: VACATION RESOLUTION NO. 3407, 1974 RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, That it is desirable to vacate the following: The alley between St. Louis and St. Peter Streets, from Madison Street, south 198 feet, 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 204, 205, 210, 211 and 212 in Samuel Cottrell's First Addition to Lowell Notice of this Resolution shall be published on the 6th and 13th day of December, 1974 in the South Bend Tribune and the Tri-County News. r REGULAR MEETING DECEMBER 2, 1974 This Board, at its office, on the 30th day of December, 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 2nd day of December, 1974. BOARD OF PUBLIC WORKS S/ Rollin E. Farrand S/ James R: Seitz ATTEST: s/ Patricia DeClercq, Clerk ADOPTION OF VACATION RESOLUTION NO. 3408, 1974 Upon motion made, seconded and ca-ried, the following resolution was adopted by the Board: VACATION RESOLUTION NO 3408, 1974 RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA,`That it is desirable to vacate the following: A portion of Colfax Avenue west of Jackson Street and the north -south alley from Washington Street to Colfax Avenue, 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 Numbered One (1), Two (2) and Three (3) as shown on the recorded plat of Hosinski's Subdivision of Lot Numbered Forty- three (43) in College Grove Addition to the City of South Bend. Also, Lots Numbered Twenty-eight (28), Thirty-three (33) and Forty-four (44) as shown on the recorded plat of College Grove, as platted by Benjamin Winans, now a part of the City of South Bend. Notice of this Resolution shall be published on the 6th and 13th day of December, 1974 in the South Bend Tribune and in the Tri-County News. This Board, at its office, on the 30th day of December, 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 2nd day of December, 1974. BOARD OF PUBLIC WORKS ATTEST: s/ Patricia DeClercq, Clerk s/ Rollin E. Farrand s/ James R. Seitz REGULAR MEETING DECEMBER 2, 1974 FILING OF ASSESSMENT ROLL - VACATION RESOLUTION NO. 3406, 1974 Rollin E. Farrand; P. E., City Engineer, files with the Board an Assessment Roll for Vacation Resolution No. 3406, 1974, for the vacation of Sunnymede Avenue from the west right-of-way line of 35th Street to the west line of Lots 7 and 18 of Jerome First Addition, City of South Bend, as amended. The Board finds that each of said lots have benefited in the amount of $0.00 and have been damaged in the amount of $0.00. Upon motion made, seconded and carried, the Board filed the Assessment Roll and set Monday, January 6, 1974 at 9:30 a.m, as the time and the Board of Public Works Hearing Room as the place where all persons interested in or affected by this vacation may be heard. BONDS APPROVED Ray S. Andrysiak, Bureau of Engineering, recommended to the Board that the following bonds were in order and could.be approved: Excavation Bond for Taylor Construction Company to 12/31/75 ® Contractor's Bond for Taylor Construction Company to 12/31/75 Od Upon motion made, seconded and carried, the bonds were approved to the dates listed. STREET LIGHT OUTAGE REPORT The Street Light Outage Report for the period of November 20 through November 26 was received. Upon motion made, seconded and carried, the report was ordered filed. RESOLUTION AUTHORIZING SALE OF REAL ESTATE TO THE DEPART14ENT OF REDEVELOPMENT TABLED The Board received a Resolution authorizing the sale of parcels of real estate to the Department of Redevelopment and a memorandum from Deputy City Attorney Robert Parker indicating that the properties had been acquired by the City through foreclosure of demolition liens. The properties have all been appraised and the terms of the sale have been reviewed with Kevin Butler, Attorney for the Department of Redevelopment. The land is to be used for park purposes. Mr. Seitz indicated that he would like some time to review the resolution. Upon motion made, seconded and carried, the Board tabled the resolution until the meeting of December 9, 1974. 14EMORANDUM OF AGREEMENT AMENDMENT - TEAMSTERS AND BUREAU OF SOLID WASTE AND BUREAU OF SANITATION The Board received an Amendment to the Memorandum of Agreement between the Teamsters and the Bureau of Solid Waste and Bureau of Sanitation. The amendment involves vacation schedules and salaries. A recommendation was received from James A. Roemer, City Attorney, that the amendments be approved by the Board. Upon motion made, seconded and casried, the amendments were approved. OFFER TO PURCHASE RIGHT OF -WAY FROM STATE HIGHWAY COMMISSION APPROVED Mr. Farrand presented to the Board an offer from the Indiana State Highway Commission to purchase land and improvements and relocate some facilities on Miami Street, South of Ireland Road and West of Ironwood. The land is involved in the proposed Bypass of U. S. 20 East. 1.78 acres of land are involved. The total offering price for the land, the improvements and relocation is $14,191.00. Upon motion made, seconded and carried, the Board approved the offer. 256 REGULAR MEETING DECEMBER 2, 1974 There being no further business to come before the Board, upon motion made, seconded and carried, the meeting adjourned at 10:06 a.m. The meeting reconvened at 10:25 a.m, with Mr. Farrand and Mr. Seitz present. AMENDMENT TO MEMORANDUM OF AGREEMENT - TEAMSTERS AND BUREAU OF WATER, CONSTRUCTION AND MAINTENANCE DIVISION APPROVED An Amendment to the Memorandum of Agreement between the Teamsters Union and the Bureau of Water, Construction and Maintenance Division, was submitted to the Board, with the recommendation of City Attorney James A. Roemer that the amendment be approved. Upon motion made, seconded and carried, the Board approved the amendment as transmitted by the City Attorney. There being no further business to come before the Board, upon motion made, seconded and carried, the meeting adjourned at 10:30 a.m. 201�o*AA f�. . Seitz ATTES CLERK L _J 1