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HomeMy WebLinkAbout09/04/73 Board of Public Works MinutesA REGULAR MEETING SEPTEMBER 4, 1973 A regular meeting of the Board of Public Works convened at 10:30 a.m. on Tuesday, September 4, 1973 with all members present. City Attorney James A. Roemer was also present. Minutes of the previous meeting were reviewed and approved. REQUEST FOR BIDS - POLICE DEPARTMENT UNIFORMS The Board received a request from Chief Robert J. Urban that bids be advertised for Police Department uniforms and uniform equipment. Upon motion made, seconded and carried, the Board approved the request and directed the Clerk to advertise for bids to be received on September 17th, 1973. REQUEST FROM THE HICKEY COMPANY TO ENCROACH ON MALL AREA Mr. Michael Browning of the Hickey Company was present. The Board received a letter from the Hickey Company and a drawing of a proposed building to be constructed at 1 Plaza Place just south of the St. Joseph Bank plaza. The letter requests permission to encroach on the mall approximately three feet. Mr. Browning explained that they wish to construct a landscaped area which would protrude over the sidewalk area. Mr. C. Wayne Brownell of the Department of Redevelopment was present and said that the Redevelopment Department has no objection to the planters being permitted. Mr. Roemer asked whether this request had been approved by the Redevelopment Commissioners and Mr. Brownell said that it had not been before the Commissioners but had been discussed by the staff of the Redevelopment Department. Upon motion made, seconded and carried, the Board approved the request to encroach on the mall area, subject to approval by the Redevelopment Commissioners. REQUEST FOR BIDS - STREET DEPARTMENT SALT The Board received a request from Donald Decker, Street Commissioner, to advertise for bids for salt for snow and ice control. Mr. Decker estimated there would be a need for 10,000 tons. Upon motion made, seconded and carried, the Board approved the request and directed that bids be advertised to be received on September 17, 1973. RIVERSIDE COURT STREET DEDICATION Mr. Bruce Bancroft, Attorney, was present and explained to the Board that he was presenting to them a DEED OF DEDICATION and an easement release. Mr. Bancroft said the Board was being asked to release an easement previously granted to the City of South Bend by Riverview Homes, Inc. and to accept the dedication of a new street which will connect Cushing and Rose Street and will be called Riverside Court. Mr. Bancroft said the documents have been reviewed by Gerald Sakaguchi of the Legal Department. An escrow agreement was also submitted to the Board whereby.$30,000 has been deposited for construction of the street in accordance with city specifi- cations. Mr. Roemer suggested to the Board that the escrow agreement be redrafted - with the City as a signer. Upon motion made, seconded and carried, the Board agreed that the City of South Bend would release the present easement- to Riverview Homes, I nc. in consideration of the issuance by Riverview Homes, Inc. to the City of a deed of dedication of a piece of property to be used as a public street to include pedestrian, vehicular traffic, sewerage and utilities, and that the Board of Public Works takes note of an escrow agreement between Riverview Homes, Inc. and the First Bank and Trust Company of South Bend which guarantees that the street will be con- structed in accordance with City specifications and that the contractor will not be fully paid until the City Engineer makes a final determination in writing that said construction has been made in accordance with the proper specifications. The escrow agreement shall also be signed by the City of South Bend to approve same. FINAL CONFIRMATION - IMPROVEMENT RESOLUTION NO. 3381, 1973 Upon motion made, seconded and carried, the Board adopted a resolution of final confirmation for Improvement Resolution No. 3381, 1973, for the improvement of the alley between Berkley Place, Beverly Place and Inglewood Place, from Oakwood Boulevard to Lathrop Street by constructing a concrete pavement. Said resolution was adopted July 9, 1973. No written remonstrances bearing the signatures of fifty-one of the resident property owners were received within the ten day period following the date and time of the hearing on said improvement. REGULAR MEETING SEPTEMBER 4, 1973 PLANS AND SPECIFICATIONS ADOPTED -IMPROVEMENT RESOLUTION NO. 3381, 1973 Upon motion made, seconded and carried, the Board adopted final plans and specifications and signed the title sheet for the improvement of the alley between Berkley, Beverly and Inglewood Place, from Oakwood Boulevard to Lathrop Street, by constructing a concrete pavement. The Clerk was directed to advertise for bids on September 7 and September 14, with bids to be received at 9:30 a.m, on September 17, 1973. PETITION TO CONSTRUCT BARRETT LAW SEWER - CAMBRIDGE DRIVE The Board received a petition to improve Cambridge Drive, from Miami Road East to Lot 175 by constructing -a sanitary sewer in the rear easement according to Barrett Law. The petition was signed by six resident property owners. Upon motion made, seconded and carried, the petition was referred to the Department of Public Works to .prepare preliminary plans and cost estimate. RECOMMENDATION ON PETITION TO VACATE ALLEY - BETWEEN CARROLL AND COLUMBIA STREETS The Board received a favorable recommendation from the Bureau of Engineering ® concerning the petition to vacate the alley between Carroll and Columbia Streets from Bronson Street to the first East-West alley. Upon motion made, seconded and carried, the petition was referred to the Area Plan Commission for investigation and recommendation. CJ REQUEST FOR TRANSFER OF TAXICAB LICENSE A request was received for the transfer of Courtesy Cab License No. 16 from Robert Tutorow to Phyllis Frazier. An affidavit, license and signed statement from both parties accompanied the request. Mr. James Roemer, City Attorney, recommended that a check be made by the Legal Department before the transfer is approved. Upon motion made, seconded and carried, the Board referred the request to the Legal Department for investigation and recommendation. REQUEST FOR STREET LIGHTS The Board received a request from Eugene Weiss, M.D. for a street light in the vicinity of 1605 E. Washington Street, a request for lighting in the 1500 and 1600 blocks of E. Washington from Francis Jones, and a request from several petitioners for street lights in the St. James Court and City Hall Court area. Upon motion made, seconded and carried, the Board referred the request to the Bureau of Traffic and Lighting for investigation and recommendation. COMPLAINT - BODY SHOP AT 401 N. OLIVE STREET The Board received a complaint from Jerome Jones, 2413 Kenwood Avenue, about the operation of a body shop at 401 N. Olive Street. Mr. Jones complained that the body shop operates at all hours of the night, that cars are parked in the alley and on the sidewalk and left for several days and that cars are driven at excessive speeds on the neighborhood streets. Upon motion made, seconded and carried, the complaint was referred to Mr. Forrest West, Building Commissioner, for investigation of any violations occurring and to the South Bend Police Department for investigation of cars parked in the alley and on the sidewalk. RECOMMENDATION FROM CITY ATTORNEY ON JAMES MC CANN TAXICAB REQUEST The following recommendation was received by the Board: To: Department of Public Works From: James A. Roemer Subject: James McCann Taxicab Company in Roseland Date: August 31, 1973 The situation surrounding Mr. James McCann's request to enter South Bend to pick up fares destined for Roseland involves the right and obligation of the City of South Bend to assure its citizens that the vehicles for hire in this City are safe. 1 Aso REGULAR MEETING SEPTEMBER 4, 1973 The South Bend Municipal Code requires that a standard of safety be met before a cab is allowed to solicit business in this City. The Town of Roseland, on the other hand, presently has no ordinance regulating taxicabs and thus South Bend can have no assurance that a taxi based in Roseland is safe. Because of South Bend's need to assure its citizens of a standard of safety, Mr. McCann should be required to meet all requirements set out in the City Code concerning taxicabs. This includes all safety permits, licensing of drivers and Certificate of Public Convenience and Necessity. s/ James A. Roemer City Attorney Upon motion made, seconded and carried, the Board accepted Mr. Roemer's recommendation and directed that Mr. McCann be notified of the Board's action. REPORT OF NON-COMPLIANCE OF STORE AT OLIVE AND ELWOOD - EDWARD SZCZESNIAK The Board received a request from Clem Hazinski, Manager of the Bureau of Traffic and Lighting, that action be initiated against a store operated by Edward Szczesniak at the corner of Elwood and Olive for non-compliance with the Municipal Code in regard to a paved parking lot and designated entrances to the business. This matter has been before the Board before and Mr. Roemer suggested that if the Legal Department received a.written report on the status of conditions at this location, he would follow through on the complaint. The Board directed that Mr. Hazinski and Mr. West give the Legal Department such a written report for further action. COMPLAINTS - VALLEY CABLEVISION There was a discussion about complaints received regarding workmen for Valley Cablevision, Inc., and debris left on easements, etc. Mr. Roemer recommended that any complaints be referred to the Legal Department for immediate trans- mittal to Mr. Robert Holmes of Valley Cablevision. APPROVAL OF TRAFFIC CONTROL DEVICES The Bureau of Traffic and Lighting recommended installation of the following traffic control devices: A. Yield Signs at Webster, Arnold and Oliver Streets at.their inter- section with Ewing Avenue. Upon motion made, seconded and carried, the Board approved the installation. B. Yield Signs Changed -to Stop Signs at Walton, Burbank and Concord at their intersection with Lombardy. Upon motion made, seconded and carried, the installation was approved. C. Stop Signs on DeMaude at Woodward Avenue. Upon motion made, seconded and carried, the installation was approved. D. Stop Signs at Brookfield, Morris, Walnut, Douglas, Catalpa, Chapin, Kendall, Scott, Taylor, William and Lafayette at their intersection with Ewing Avenue. Upon motion made, seconded and carried, the Board approved the installation. CERTIFICATES OF INSURANCE APPROVED The following Certificates of Insurance filed with the Board were approved to the dates listed, upon motion made, seconded and carried. A. Sollitt Construction Company to 4/2/74- B. Tonn & Blank to 4/1/74 C. South Bend Civic Theatre to 1/25/74 D. Howell Construction Company to 6/19/74 REGULAR MEETING SEPTEMBER 4, 1973 EXCAVATION AND CONTRACTOR'S BONDS APPROVED The Board received bonds from the following: Excavation Bond - Valley Cablevision, Inc. to 8/24/74 Contractor's Bond - Circle Lumber, Inc. to 8/31/74 Mr. Andrysiak,.B.ureau of Eng.ineering, recommended that the bonds be approved. 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 August 23 to August 30, 1973 was received and ordered filed. RECOMMENDATION FOR INSTALLATION OF STREET LIGHTS .The Board received recommendations from the Bureau of Traffic and Lighting for ® the installation of street lights as follows: i� A. Mid -block light on Kaley, North of Ford. 7,000L MV OH WP C@ $3.75/mo. or $45.00/yr. Upon motion made, seconded and carried, the.installation was approved. B. Street Light at St. James Court and City Hall Court 7,000L MV OH WP @ $3.75/mo. or $45.00/yr. Upon motion made, seconded and carried, the installation was approved. C. Mid -block light on Huron, East of Camden. 7,000L MV OH WP @ $3.75/mo. or $45.00/yr. Upon motion made, seconded and carried, the installation was approved. D. Modernization of lighting on Lincolnway East, from Sample to Twyckenham. Install 50 - 20,000L MV OH WP @ $5.50/mo. $275.00 Remove 16 - 6,000L INC OH WP C@ $3.20/mo. 51.20 Cost to City - $223.80/mo. or $2,685.60/yr. APPROVAL OF FINAL PLAT, HIGHLAND ESTATES, SECTION 6 The Board received the following letter: August 20, 1973 Board of Public Works 1306 County -City Building South Bend, Indiana 46601 Re: Highland Estates, Section 6 - Final Plat Gentlemen: The attached file covers the request for approval of a final plat by Hartman Builders, Inc. for the final plat of Highland Estates Section 6. Improvements have been placed in this subdivision with the exception of sidewalks. As -built plans have not been furnished. The standard practice of the Board of Public Works would be to require that all improvements be complete and as -built plans furnished. I direct your attention to the letter. from Hartman outlining their reasons for not constructing the sidewalks at this time, and the, letter from Tower Federal Savings & Loan Association indicating that they will finance the remaining construction and that funds will not be released except for these specific purposes. REGULAR MEETING SEPTEMBER 4, 1973 I would appreciate a determination by the Board as to whether or not this submittal will be acceptable, assurance of satisfactory compliance with Board requirements, and that it is sufficient documentation for me to advise the Area Plan Commission that the Board does not object to the final plat being approved as regards to site improvements. Very truly yours, s/ Rollin E. Farrand, P.E. City Engineer It was the feeling of the Board that, based on the information in Mr. Farrand's letter and the letter from Tower Federal Savings and Loan Association, the final plat could be approved, so moved, seconded and carried. Mr. Roemer suggested that a letter be sent to Mr. Long, Tower Federal Savings and Loan Association, informing him that the Board has accepted their commitment to finance the com- pletion of improvements and requesting that the funds not be finally disbursed to the contractor without the approva V of Rollin E. Farrand, Director of Public Works. Mr. Farrand requested that the Area Plan Commission be notified by letter that the Board has approved the final plat and accepted the performance guarantee. CHANGE ORDER - TOPICS PROJECT T6000(11) The Board received a Change Order for -Topics Project T6000(11), the Michigan Street -Main Street Connector. The Change Order is for furnishing and installing posts for signs and is increased by $3281.04. Upon motion made., seconded and carried, the Board approved the Change Order. CONTRACT -PROJECT R & S 48, CONTRACT 2, IRONWOOD ROAD-IRELAND ROAD IMPROVEMENTS The Board received the contract from Howell Construction Company for Contract 2 of the Ironwood -Ireland Road Improvements, R S 48. Upon motion made, seconded and carried, the Board signed the contract. Performance bonds were also presented to the Board for this contract. Mr. Farrand explained that the bonds were on insurance company forms, but city forms were being sent to the insurance company so that the bond would be on the accepted form. Upon motion made, seconded and carried, the Board approved the Performance Bond, subject to proper City forms being filed with the Board as soon as possible. REQUEST FOR WALK - CALVARY PENTECOSTAL CHURCH Mr. Carl McKellar, Pastor of the Calvary Pentecostal Church, appeared and asked the Board for permission to hold a Walk for Missions on Saturday, September 8, It was the feeling of the Board that there was not enough time available to get a check of the route and make arrangements with the Police Department and the Bureau of Traffic and Lighting to give approval for the Walk. Mr. McKellar was given a copy of the new Guidelines adopted by the Board of Public Works which require a six month notice for all walks. MEMORANDUM OF UNDERSTANDING - CITY OF SOUTH BEND AND RICHARD A. MUESSEL Mr. Gerald Sakaguchi, Deputy City Attorney, presented to the Board a Memorandum of Understanding between the City of South Bend and Richard A. Muessel for the use of 15 acres of land as a site for a water retention basin in the Ironwood - Inwood area, at a cost of $90,000. Presented with the memorandum was a letter from a real estate appraiser indicating that the property is appraised at $12,000 an acre. The City would have use of the land as long as it was used as a water retention basin but it could not be used for recreational purposes. There was a discussion as to whether this was a fair price for the use of the land, since the owner will be benefiting from the excavation and beautification of the land. Mr. Farrand commented that it would be difficult to get an appraisal for such a transaction. Mr. Robert Taylor, Fifth District Councilman, was present and told the Board that the people attending the public hearing on the Ironwood Road improvements were told that this retention basin would be constructed. REGULAR MEETING SEPTEMBER 4, 1973 Fil � 1 1 Mr. Roemer -suggested that the Board might contact Mr. Meussel for the purpose of negotiating the price. Mr. David Wells, Manager of the Bureau of Design and Administration, informed the Board that delaying this transaction will delay work on the Ironwood project since the Howell Construction Company is waiting to excavate dirt from this site to use to grade Ironwood Road. Upon motion made, seconded and carried, the Board directed that Mr. Barcome and Mr. Roemer meet with Mr. Muessel at the earliest possible time to see whether the price for the 15 acres can be negotiated more favorably for the City. There being no further business to come before the Board, upon motion made, seconded and carried, the meeting adjourned at 12:15 p.m. ATTEST: CLERK Rollin E. Farrand *v� mesBipfcome