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HomeMy WebLinkAbout08/06/73 Board of Public Works MinutesREGULAR MEETING AUGUST 6, 1973 A regular meeting of the Board of Public Works was convened at 9:30 a.m. on Monday, August 6, 1973 with Mr. Farrand and Mr. Seitz present. Mr. Barcome is hospitalized for surgery. Minutes of the previous meeting were.reviewed and approved. OPENING OF BIDS - SALE OF CITY -OWNED REAL ESTATE This being the time set for receiving bids for the sale of city -owned real estate, the Clerk tendered proofs of publication in the South Bend Tribune and the Tri-County News which were found to be sufficient,. The following bid was opened and read For a parcel of land containing 1.89 Bid - $9,000.00 acres (near Super Auto Salvage property) Check for $800.00 submitted by Super Auto Salvage Company By: Attorney Joseph V. Simeri Uponmotionmade, seconded and carried, the Board referred the bid to the Legal Department for investigation and recommendation. HEARING ON ASSESSMENT ROLL - VACATION RESOLUTION NO. 3378, 1973 This being the date set for hearing on the Assessment Roll for Vacation Resolution No.' 3378, 1973, hearing was held for the vacation of the alley north of WesternAvenue, between Scott Street and Taylor Street (St. Patrick's Church). The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri-County News on July 6, 13 and 30, 1973 and they were found to be sufficient. 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. HEARING ON ASSESSMENT ROLL - VACATION RESOLUTION NO. 3379, 1973 This being the date set for hearing on the Assessment Roll of Vacation Resolution No. 3379, 1973, hearing was held for the vacation of the first east -west alley South of Prairie Avenue from Gertrude Street west to the first north -south alley west of Gertrude Street. The Clerk tendered proofs of. -publication in the South Bend Tribune and the Tri-County News on July 6, 13 and 20, 1973 and they were found to be sufficient. 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. REQUEST FROM DEPARTMENT OF REDEVELOPMENT FOR PARKING RESTRICTIONS-MICHIGAN STREET Mr. Charles F. Lennon, Jr., Director of the Department of Redevelopment, appeared before the Board. He requested that the Board order "No Parking" signs on the East side of the 100 Block of North Michigan Street and on both sides of the 100 Block of South Michigan Street because of the construction schedule. Mr. Lennon siad that the Board had installed temporary meters on the West side of the 100 block -of North Michigan at the request of the Department of Redevelop- ment. Cars are being parked across the street from the meters and in the next block and are left all day and, because it is necessary to keep fire lanes open and demolition is,scheduled to begin in the area, they are requesting that these parking restrictions be put into effect. Upon motion made, seconded and carried, the Board approved Mr. Lennon's request and directed that the Bureau of Traffic and Lighting and the Police Department be notified. Mr. Lennon also inquired about trees, plants and emply planters which are being removed from Michigan Street. Mr. Seitz said that live trees and plants should go to the Park Department nursery at Elbel Golf Course and that empty planters should be taken behind the old North Pumping Station at 828 North Michigan Street. REGULAR MEETING AUGUST 6, 1973 COMPLAINT - ABORTION ADVERTISEMENTS Mrs. Mary Hunt, 1102 N. Lafayette,, was present and asked Mr. Roemer what progress had been made in the investigation of the abortion advertisements on the trash containers placed by Panel -Ad on the City Streets. Mr. Roemer said that he would be making a recommendation to the Board in about a week and that, at this time, he felt the recommendation would be to advertise for bidders on a new contract for the trash containers, with the new contract providing that the City would determine the type of advertisements which could be used. NORTH IRONWOOD SIDEWALK IMPROVEMENT The Board received the Project Completion Affidavit from McIntyre and Jones Con- struction Company for the North Ironwood Sidewalk project and, upon motion made, seconded and carried, the completion affidavit was approved and signed. The Board received the Resolution of Final Estimate on the Ironwood Sidewalk project in the amount of $18,276.56. Upon motion made, seconded and carried, the resolution adopted. rl The Assessment Roll for the North Ironwood Sidewalk Project showing the amount of assessment to each property owner was filed. Upon.motion made, seconded and Q carried, the Board`adopted the Assessment Roll and set Monday, August 20, 1973 at 9:30 a.m. as the time for the public hearing on the Assessment Roll. PETITION TO VACATE THE NORTH -SOUTH ALLEY FROM BRONSON STREET TO EAST -WEST ALLEY Curtis Products, Inc. file their petition to vacate the north -south alley from East Bronson Street to the East-West alley between South Columbia and South Carroll Street. Upon motion made, seconded and carried, the Board referred the petition to the Bureau of Engineering for preliminary investigation and report. REQUEST FOR BIDS - BUREAU OF FIRE UNIFORMS The Board received a request from Assistant Chief Joseph V. Nagy, Bureau of Fire, to advertise for bids for clothing for the Bureau of Fire for 1974. Upon motion made, seconded and carried, the Board approved the request and directed the Clerk to advertise for bids to be received on August 20, 1973. TEMPORARY USE OF MOBILE OFFICE FOR UNITED WAY APPROVED The Board received a request from J. Thomas Laing, Executive Director of the United Way of St. Joseph County, Inc., for permission to use a temporary mobile office at 3517 E. Jefferson Boulevard for sixty days, beginning September 7, 1973. Attached to Mr. Laing's request was a favorable recommendation from Forrest R. West, Building Commissioner. The Board discussed this matter and, upon motion made, seconded and carried, approved the request subject to the condition that the trailer be located in the parking lot. EASEMENT AND RIGHT OF WAY AGREEMENT WITH RICHARD A. MUESSEL, JR. The Board received an easement and right of way agreement between the City of South Bend and Richard A. Muesset, Jr. Mr. David Wells, Manager of the Bureau of Design and Administration, explained that this is an area North of the present retention basin and is on the West Side of Ironwood Road. The agreement is in the amount of $7,000.00 and Mr. Wells said it has been reviewed by the Legal Department. Upon motion made, seconded and carried, the Board signed the agreement. ASSESSMENT ROLL FILED - VACATION RESOLUTION NO. 3380, 1973 Rollin E. Farrand, P. E., Civil City Engineer, files an Assessment Roll showing the award of damages and the assessment of benefits in Vacation Resolution No. 3380, 1973 for the vacation of the north -south alley between Sunnyside Avenue and Twyckenham Avenue from the south right of way line of East Wayne Street South to the north right of way line of the east -west alley between East Wayne Street South and Sunnymede Avenue, situated between Lots 164 and 165 in Sunnymede 1st Addition. 328 REGULAR MEETING AUGUST 6, 1973 The following property may be injuriously or beneficially affected by such vacation: Lots 164 and 165 of Sunnymede 1st Addition. Total Net Benefits $0.00 Total Net Damages $0.00 Upon motion made, seconded and carried, the Board adopted said Assessment Roll and set September 10, 1973 at 9:30 a.m., Room 1308 County -City Building as the date and place for hearing all persons interested in or affected by such vacation. REQUEST FOR APPROVAL OF TRAFFIC CONTROL DEVICES The Board received a recommendation from the Bureau of Traffic and Lighting that 30 minute parking signs be installed on the West side of Navarre Street at the Memorial Hospital Emergency Entrance. Upon motion made, seconded and carried, the Board approved the installation. MEMORANDUM FROM JAMES A. ROEMER REGARDING TENT SERVICES The Board received the following memorandum: To: Board of Public Works From: James A. Roemer Subject: Request from Emmanuel Church of Deliverance Date: August 2, 1973 The Rev. Will:i:e 0. Coates and the Emmanuel Church of Deliverance have furnished the City with a Certificate of Insurance, face value of $100,000, in,furtherance of their request for use of City -owned property on Washington Street between Camden and Liberty Streets, for the purpose of conducting religious tent services. Although such use is commendable, there are several considerations against approval of this request. First of all, approval of the request may violate the Establishment Clause of the First Amendment to the extent that it constitutes use of public property in furtherance of religion. Secondly, if such use does not contravene the -:Establishment Clause, it would be unconstitutional to grant use of such property to one group or denomination and deny it to others similarly situated. In other words, if permission is granted to one group or denomination, it must be granted to all similar groups making similar requests. Finally, the certificate of insurance does not protect the City from liability in that it fails to name the City as an additional insured or contain a hold harmless agreement. For -the above reasons, I recommend that the request be respectfully denied, and that Rev. Coates and the Emmanuel Church of Deliverance be notified of the reasons for this action. s/ James A. Roemer City Attorney Upon motion made, seconded and carried, the Board ordered the memorandum filed and directed that the request for the use of city -owned lots for -tent services be denied. APPROVAL OF CLOSING OF GREENLAWN AVENUE - AUGUST 18, 1973 The Board received a recommendation from Clem Hazinski, Manager of the Bureau of Traffic and Lighting, for approval of the request by the Youth Advocacy Program to close Greenlawn Avenue on Saturday, August 18th, 1973 from 1:30 to 2:00 p.m. for a bicycle race. Upon motion made, seconded and carried; the Board approved the request. APPROVAL OF BLOCK PARTY ON VERNERLEE LANE The Board received a request from residents to hold a block party on Vernerlee Lane, between Kettering and Rose Street, on Saturday, August 11, 1973 from, 3:00 p.m. to 9:00 p.m. Clem Hazinski, Manager of theBureau of Traffic and Light- ing, advised the Board that he would have no objection to the closing provided the City is indemnified and the Police Department notified. Upon motion made, seconded and carried, the Board approved the request, subject to indemnification and notification of the Police Department. 1 1 REGULAR MEETING AUGUST 6, 1973 CONTRACTOR'S BOND FILED The Board received a Contractor's Bond from South Bend Form Tool, Inc. and, upon motion made, seconded and carried, referred the bond to the Bureau of Engineering for investigation and report. REQUEST FOR BLOCK PARTY - PARKWAY STREET The Board received a request from Mrs. Betty Anastos to hold a block party on Parkway on Saturday, August 18, 1973 beginning at 3:00 p.m. The area they would like blocked is from Dogwood to Meadow Lane. Upon motion made, seconded and carried, the Board referred the request to the Bureau of Traffic and Lighting for investigation. STREET LIGHT OUTAGE REPORT FILED - 7/25/73 to 8/2/73 The Street Light Outage Report for the period of July 25 to August 2, 1973 was received and ordered filed. There being no further business to come before the Board, upon motion made, seconded and carried, the meeting adjourned at 10:20 a.m. U Rollin E. Farrand ATTEST: CLERK X�