HomeMy WebLinkAbout10/29/73 Board of Public Works MinutesREGULAR MEETING
OCTOBER 29, 1973
A regular meeting of the Board of Public Works was convened at 9:30 a.m. on
Monday, October 29, 1973 with all members present. Deputy City Attorney Arthur
Perry was also present. Minutes of the previous meeting were reviewed and approved.
APPROVAL OF SUNDAY HOURS FOR PARKING GARAGES
Mr. Stan ley Hull, Manager of the Municipal Parking Garages, was present and said
that he had been requested by the Downtown Council to open the garages on
Sunday, beginning on November 4, 1973 and continuing through the.Christmas
shopping season. The garages would open at 11:00 a.m. and close at 5:00 or
6:00 p.m. Upon motion made, seconded and carried, the Board approved the request.
HEARING ON VACATION RESOLUTION NO. 3383, 1.973
This being the date set, hearing was held on Vacation Resolution No. 3383, 1973
for the vacation of the alley between -'Colfax Avenue and Washington Street from
Notre Dame Avenue west to the east right-of-way line:of the north -south alley
lying between Lots No. 307 and 308 as shown on Cottrell's First Addition to the
Town of Lowell, now the City of South Bend. The Clerk tendered proofs of
publication of notice in the South Bend Tribune and the Tri-County News on
October 5 and 12, 1973.
Jack.,,C. Dunfee, Jr., Attorney representing the petitioner Dr. Ralph Ganser, spoke
to the Board. Mr. Dunfee said that Dr. Ganser could not be present today because
of the demands of his medical practice, but Mrs. Ganser was present. Mr. Dunfee
then displayed to the Board Exhibits A through H which were presented at the Area
Plan Commission hearing on this vacation. The exhibits included a drawing show-
ing the relation of the property owners to the proposed vacation and photographs
taken at three different times of the year to show that there is virtually no
usage of the alley. Mr. Dunfee said that this is a 10 foot alley which was deeded
to the City in about 1920. The Area Plan Commission unanimously approved the
petition to vacate the alley. Mr. Dunfee said Mr. Earl Wehr, one of the remon-
strators at the Area Plan Commission hearing, is represented at this hearing by
a realtor. Mr. Wehr is attempting to sell his property to Dr. Ganser, including
his.half of the alley, and any remonstrance on Mr. Wehr's behalf should be
viewed in that light. Mr. Dunfee said the other remonstrator, Mr. Ted Carlson,
has property which does not abut this alley. Mr. Dunfee said that Mr. & Mrs. Paul
Collins, property owners abutting the alley, are in favor of the vacation. They
have children who play in the alley, a swing set has been put up and there is
grass growing in the alley. They would like the alley closed to public use since
teen agers in cars park there late at night. Mr. Dunfee then informed the Board
that he had made a survey, with the help of local Volkswagen and Chevrolet dealers,
and his findings were that neither cars can negotiate the turn into the alley
without trespassing on the property of Dr. Ganser of Mr. Wehr. Mr. Dunfee then
said that, in an effort to resolve this matter to the satisfaction of the remon-
strators, the Board might want to consider just vacating a 40 foot portion of the
alley. This would accomplish the objective of the petitioners which is to
stop through traffic by the public. Mr. Dunfee then stated that, estimating the
total costs of all fees for this vacation, Dr. Ganser would be paying approxi-
mately $135,000 an acre for this real estate, in order to safeguard cars parking
in his lot from being damaged by cars trying to negotiate this alley.
Mr. Ted Carlson, 119 N. Notre Dame Avenue, then spoke against the vacation. Mr.
Carlson said he has lived in this residence for forty years, that the alley has-
been used and that he would like it to remain open. He then displayed four
photographs to the Board showing that the alley is used. He said access for
trash trucks would be denied if the alley is closed. He said a private alley
behind his home dead -ends into this alley and he would like to see it remain open.
Mr. Carlson then presented a letter signed by 10 property owners who oppose
the vacation. Mr. Seitz asked Mr. Carlson if he can drive his car down the
alley and Mr. Carlson said he does not use the alley for driving his car but
as a through way to walk from the private alley behind his home. Mr. Seitz then
asked Mr. Carlson if he would be in favor of vacating just the 40 foot portion
of the alley and Mr. Carlson said no.
Mr. George Patton, Attorney representing Miss Margaret Bergan, 828 E. Colfax,
said the question is should this alley be vacated or not. He said Miss Bergan
opposes any change in the alley but Mr. Patton said either all the alley should
be vacated or none of it.
1
1
REGULAR MEETING OCTOBER 29, 1973
Mr. Edward Ross, 122 N. St. Peter Street, said that this has been a public
alley since 1920 and said he opposes the vacation. Mr. B. Schuster, Realtor
representing Mr. Earl Wehr, said that Mr. Wehr has beemppaying real estate
taxes on five feet of this alley since 1956. Mr. Schuster displayed tax
receipts to the Board indicating'that this five feet was being taxed.
Mr. Milo Dugdale, 2200 E. Jefferson, told the Board that he owns 10 parcel,s
of land in this area and he is opposed to the vacation of the alley.
Mr. Dunfee then stated that Miss Bergan is the only abutting property owner
to remonstrate. He continued that no one using the alley can negotiate the
turn without trespassing on Dr. Ganser's property or Mr. Wehr's property.
Mr. Albert Brasseur, Jr. told the Board that he owns two properties abutting
the alley proposed to be vacated. He said he has owned the property for five
years and has not seen two cars drive down the alley in that°_'=period of time.
He said he cuts the grass in the alley because it grows high since the alley
is not used.
Mr. Patton then said the important thing here is good City planning. He
said the question the Board should ask is "Is it good City planning to have
half an alley?".
Upon motion made, seconded and carried, the Board took this matter under
advisement and referred it to the City Attorney to research the question of
the legal ownership of the alley. When the Legal Department has made a report
C7 to the Board, they will act on the vacation resolution.
Gi AUTHORIZATION OF CIVIC CENTER CLAIMS
L.Z '
V Mr. Charles F. Lennon, Jr., Director of the Department of Redevelopment,
presented to the Board the following claims for the Civic Center Authority
which have been approved by the Department of Redevelopment: Telephone and
Other Expense, $50.81; Architect's Services through September 30, 1973,
$2,877.40; and Fee for Schematic Design Phase, $34,875.00. Upon motion made,
seconded and carried, the Claims were approved.
BICENTENNIAL COMMITTEE LUNCHEON TRAFFIC CONTROL
Mr. Charles F. Lennon, Jr., Director of the Department of Redevelopment,
informed the Board that there will be a Bicentennial Committee Luncheon on
November 16, 1973 at the Indiana Club. They are requesting traffic control to
allow the guests to walk from the Indiana Club to the County -City Building for
a flag -raising ceremony following the luncheon. They are also requesting
permission to place a portable billboard west of the Indiana Club Parking Lot
across the sidewalk and into a small area of the street. Upon motion made,
seconded and carried, the Board referred the requests to the Bureau of Traffic
and Lighting for investigation and recommendation.
PUBLIC HEARING - CAMBRIDGE DRIVE SEWERS, IMPROVEMENT RESOLUTION NO. 3386, 1973
This was the date set for a public hearing on the proposed construction of
sanitary sewers in Crest Manor Subdivision, from Miami Road to Kindig Drive at
the rear of the North Side of Cambridge Drive, authorized by Improvement
Resolution No. 3386, 1973. The Clerk tendered proofs of publication of notice
of the hearing in the South Bend Tribune and the Tri-County News on October 19
and October 26, 1973.
Mr. & Mrs. Lucian Reygaert were the only affected property owners present.
Of the 10 resident property owners, six signed the petition to initiate the
action of the Improvement Resolution. Mr. Farrand explained that this would be
a standard Barret Law Project and that the City would pay 50% of the cost and
the property owners 50% of the cost of the sewer construction. Mrs. Reygaert
said that those property owners who did not sign the petition indicated that they
would go along with the project.
Mr. Farrand asked if there were any others present who would like to speak on this
matter and there were not. Upon motion made, seconded and carried, the Board
affirmed Improvement Resolution No. 3386, 1973.
PETITION TO VACATE ALLEY - EAST -WEST ALLEY FROM SCOTT STREET
Robert Freshley and Dorothy Freshley, by their Attorney Robert D. Lee, file
their petition to vacate the east and west alley running between Lots 5, 2, 3 and
4 in the Original Plat of South Bend, from the -East right-of-way line of Scott
Street in an Easterly direction to the first North and South cross alley, all in
the City of South Bend.
Upon motion made, seconded and carried, the petition was referred to the Bureau
of Engineering for preliminary investigation and report.
Ins
REGULAR MEETING OCTOBER 29, 1973
ADOPTION OF VACATION RESOLUTION NO. 3387, 1973
Upon motion made, seconded and carried, the following Resolution was adopted:
VACATION RESOLUTION NO. 3387, 1973
RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA
THAT it is desirable to vacate the following:
The east -west alley between Hill Street and St. Louis Avenue
from the east right-of-way line of Hill Street to the west
right-of-way line of the north -south alley between Colfax and
Washington Streets situated between Lots 147 and 148 as shown
on the Recorded Plat of the Town of Lowell, now part of the 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 147 and 148 of the Recorded Plat of the Town of Lowell, now
part of the City of South Bend.
Notice of this Resolution shall be published on the 2nd'and 9th day of November,
1973 in the South Bend Tribune and the Tri-County News.
This Board, at its office, on the 26th day of November, 1973 at 9:30 o'clock
A.M. will hear and receive remonstrances from all persons interested in or
affected by these proceedings.
Adopted this 29th day of October, 1973.
BOARD OF PUBLIC WORKS
s/ Rollin E. Farrand
s/ James R. Seitz
s/ James V. Barcome
ATTEST:
s/ Patricia DeClercq, Clerk
ADOPTION OF VACATION RESOLUTION NO. 3388, 1973
Upon motion made, seconded and carried, the Board adopted the following
resolution:
VACATION RESOLUTION NO. 3388, 1973
RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA,
That it is desirable to vacate the following:
Northwest -southeast alley between George Avenue and Marietta
Street north of the Cooper Bridge right=of-way from the bridge
northwest to the south right-of-way line of the first southwest -
northeast alley between Lots 14 and 15 of Frantz 2nd Addition and
Lot 13 of Frantz 3rd Addition, 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: Lot 13 of Frantz 3rd Addition and Lots 14 and 15 of Frantz 2nd
Addition to the City of South Bend.
1
1
o r.
REGULAR MEETING OCTOBER 29, 1973
Notice of this Resolution shall be published on the 2nd and 9th day of November,
1973 in the South Bend Tribune and in the Tri-County News.
This Board at its office on the 26th day of November, 1973, at 9:30 orclock
A.M., will hear and receive remonstrances from all persons interested in or
affected by these proceedings.
Adopted this 29th day of October, 1973.
BOARD or PUBL I C WORKS
S/ Rollin E. Farrand
S/ James R. Seitz
S1 James V. Barcome
ATTEST:
s/ Patricia DeClercq, Clerk
PETITION TO CHANGE THE NAME OF A PORTION OF ROSE STREET TO RIVERSIDE COURT
r-i The Board received a letter from Attorney Richard Morgan, representing
O Riverview Homes, Inc. Mr. Morgan was present and explained to the Board
that they are petitioning the Board to change the name of Rose Street and
A one-half block of Cushing Street, in the Riverside Court Development, to _
V
Riverside Court. Mr. Morgan explained that there is only_one resident on
Rose Street who would be involved and he has given his written consent to the
change. There are no residents on Cushing Street. The name change would
eliminate confusion resulting from some residents of the development having
a Rose Street address and other residents on the same street having a Cushing
Street address. Upon motion made, seconded and carried, the matter was referred
to the Bureau of Engineering for investigation and recommendation.
UNION CONTRACTS SIGNED - BUREAU OF WASTEWATER, OPERATORS AND MAINTENANCE
Upon motion made, seconded and carried, the Board approved and executed a
Memorandum of Understanding between the Board of Public Works on behalf of the
Civil City of South Bend and Teamsters, Chauffeurs, Warehousemen and Helpers
of America, Local Union No. 364 representing the members of the Bureau of
Wastewater, Operators and Maintenance. This Agreement shall be in effect to
and including April 30, 1976 and is on file in the Office of the Board of Public
Works.
PROJECT COMPLETION AFFIDAVIT - CREST MANOR, SECTION 10
The Board received the Project Completion Affidavit and Maintenance Bond for
streets, sidewalks and sewers in Crest Manor, Section 10. Upon motion made,
seconded and carried, the Board approved and signed the completion affidavit and
bond. Mr. Arthur Perry, Deputy City Attorney, questioned whether the standard
City form of Maintenance Bond should include a line for the Secretary's attestation
to the signature of the President of the firm and whether the City should require
a resolution from the Board of Directors of the Surety Company authorizing execution
of the bond. Upon motion made, seconded and carried, the Board directed that the
City Attorney review the standard form and report to the Board as to whether changes
are necessary.
TRASH COLLECTION SCHEDULES
The Board of Public Works received a letter from Rollin E. Farrand, P.E., City
Engineer listing trash collection schedules for the month of November, in view
of the holidays. Upon motion made, seconded and carried,'',the schedule was approved.
AGREEMENT - DEMOLITION AND PURCHASE OF STUDEBAKER POWER HOUSE
The Board received a letter from Robert M..Parker, Deputy City Attorney, transmitting
three copies of an Agreement between Robert W. Ham and the Civil City of South Bend
in regard to the old Studebaker Power House. The Agreement covers demolition of the
power house by Robert W. Ham for $32,000 and purchase of the property after the
demolition for $55,000. The Agreement and the appropriation of funds must be
approved by the Common Council. Upon motion made, seconded and carried, the Agreement
was approved and executed.
REGULAR MEETING
OCTOBER 29, 1973
LETTER RE: INTERSECTION OF MICHIGAN STREET AND NORTH SHORE DRIVE
The Board received a letter from Councilman Roger Parent regarding the inter-
section of Michigan Street and North Shore Drive. Councilman Parent was present
and expressed to the Board his concern and the concern of residents in the area
about dangerous conditions at'this intersection, which is used .by children going
to and from Madison School and Leeper Park. There have been accidents at this
intersection and Mr. Parent said he has received letters from citizens asking
that safety measures be taken. Mr. Parent said the Board might want to consider
lowering the speek limit, since heavy trucks go through this intersection. He
said he has discussed''this matter with Police Chief Urban and the Chief agrees
that it is a dangerous situation. Mr. Parent also said, since this is a State
Highway, the Board might want to pass a resolution recommending changes and
forward it to the Highway Commission. Upon motion made, seconded and carried,
the Board referred this matter to, -Clem Hazinski, Manager of the Bureau of Traffic
and Lighting for review and recommendation. When the Board has received this
report, they will pass a resolution incorporating any recommendations and submit
it to the Indiana State Highway Commission.
CHANGE ORDERS - NORTH BENDIX DRIVE IMPROVEMENT R & S 63
The Board received two change orders for the North Bendix Drive Improvements,
Project R & S 63. These are the final change orders on this project. The
first change order was an addition of items to the contract and was an increase
of $3,186.14. Upon motion made, seconded and carried, the Change Order was
approved. The second change order was an adjustment of plan quantities and was
a decrease of $13,379.74. Upon motion made, seconded and carried, the Change
Order was approved.
PROJECT COMPLETION AFFIDAVIT - BENDIX DRIVE IMPROVEMENT - R & S 49
The Board received the Project Completion Affidavit for the Bendix Drive
Improvement, Project R & S 49, the widening of pavement from two lanes to
four lanes, from Lincolnway West to the South Shore Railroad Spur. Upon motion
made, seconded and carried, the Board approved the completion affidavit.
PROJECT COMPLETION AFFIDAVIT - BENDIX DRIVE IMPROVEMENT - R & s 63
The Project Completion Affidavit for the Bendix Drive Improvement, Project
R & S 63, for the widening of pavement and installation -of curbs along Bendix
Drive from the South Shore Railroad north to Lathrop Drive was received by
the Board. Upon motion made, seconded and carried, the Board approved the
Completion Affidavit.
ACTION, INC. IN -KIND VOUCHERS FOR FIRE STATIONS #7, A, AND #10
The Board received In -Kind Vouchers from Action, Inc. for the use of Fire
Stations #7, A. and #10 from October, 1972 to September, 1973. The vouchers
were filed and the Clerk was directed to review the vouchers to see if this
brings them up to date.
REQUEST FOR STREET LIGHT
Councilman Walter Kopczynski sent a request to the Board for the installation
of a street light on Ford Street, at the 1st alley east of Olive Street.
Upon motion made, seconded and carried, the request was referred to the Bureau
of Traffic and Lighting for review and recommendation.
APPROVAL OF BONDS
Ray S. Andrysiak, Bureau of Engineering, reported to the Board that he had
reviewed the continuation certificates for the following bonds and -they -
could be approved:
Excavation Bond - Woodruff & Sons Inc. to 11/2/74
Contractor's Bond -Harry H.-Verkler, Inc. to 1/1/74
Upon motion made, seconded and carried-, the Board approved the bonds to the
dates listed.
1
I
REGULAR MEETING
OCTOBER 29, 1973
1
1
APPROVAL OF STREET LIGHT INSTALLATIONS
The Board received recommendations from the Bureau of Traffic and Lighting for
the following street light installations:
A. Portage Avenue, from Boland Drive to the Toll'Road
install.14 - 7,000L, WV OH WP @ $3.75.- $52.50/mo or $630.00/yr.
Upon motion made, seconded and carried, the Board approved the installation.
B. Boland Drive, from Portage to Riverside
Install 11 - 7,000L MV OH WP @ $3.75 - $41.25/mo. or $495.00/yr.
Upon motion made, seconded and carried, the Board approved the
installation.
C. G.btden Quarter Subdivision
Install 4 - 7,000L MV UG CP @ $10.00/mo - $40,00/mo. or $480.00/yr.
Upon motion made, seconded and carried, the Board approved the installation.
D. Ireland Road, from Miami to York
Install 25 - 20,000L MV OH WP @ $5/50 - $137.50
Remove 3 - 20,000L MV OH WP @ $5.50 - 16.50
Remove 1 - 4,000L INC OH WP @ $2.60 - 2.60
Cost - $118.40/mo. or $1,420.80/yr.
Upon motion made, seconded and carried, the Board approved the installation.
E. Miami Road, from Ireland to Jackson
Install 18 - 20,000L; MV OH WP @ $5.50/mo
Remove 5 - 20,000L MV OH WP @ $5.50/mo.
Cost - $71.50/mo. or $858.00/yr. -
Upon motion made, seconded and carried, the Board approved the installation.
F. Hirghland Estates Subdivision
Install 8 - 7,000L MV OH WP @ $3.75/mo. - $30.00/mo. or $360.00/yr.
Upon motion made, seconded and carried, the Board approved the installation.
G. Sample Street, from Mayflower to a point east of Lombardy
Install 16 - 20,000L MV OH WP @ $5.35 - $85.60
Remove 16 - 7,000L MV OH WP @ $3.50 $56.00
Cost - $29.60/mo. or $355.20/yr.
Upon motion made, seconded and carried, the Board approved the installation.
STREET LIGHT OUTAGE REPORT FILED
The Street Light Outage Report for the period of October 18 to October 23, 1973
was received and ordered filed.
APPROVAL OF TRAFFIC CONTROL DEVICES
The Board received a recommendation from the Bureau of Traffic and Lighting that
no parking signs be installed on Bendix Drive from Lincolnway West to Lathrop Dr.
Upon motion made, seconded and carried, the installation was approved.
INSPECTION REPORT - HIGHLAND ESTATES, SECTION 6
The Board received a report from Patrick McMahon, Manager, Bureau of Public Con-
struction, that he had inspected Highland Estates, Section 6 and found all work
has been completed in a satisfactory manner. Upon motion made, seconded and
carried, the report was ordered filed.
8
REGULAR MEETING
OCTOBER 29,1973
ESTABLISHING OF PROCEDURE FOR BILLING FOR CONNECTIONS MADE INTO CITY SEWERS
Paul E. Krueper,-Jr., Manager, Utilities Department, was present and discussed with
the Board the matter of matter of making sure that people who have connections to
City sewers where water is not furnished are being billed. Some of them are in the
City and some are not. Mr. Krueper said the problem is that the County Building
Department issues permits for such sewers in the County and the City is not advised
when such hook-ups are made to City sewers. Mr. Farrand made a motion that the
Board authorize Mr. Krueper and the Bureau of Engineering to work with the County
Building Department to determine where homes are connected to City Sewers and to
ask that the City be notified of any building permits issued in the County.
Every area of the City that has been annexed should be reviewed to make sure that
homes with city sewer connections are not being missed. Permit procedures should
be investigated whereby the City would be notified whenever a connection is made
to a City sewer. The motion was seconded and carried.
MONTHLY SEWAGE CHARGE FOR RESIDENTS WITH NON -METERED USE OF WATER
Paul E._Krueper, Jr., Manager, Utilities Department, discussed with the Board the
problem of determining the billing amount for homes using city sewers where there is
no means of making a measurement of water. He has checked with Clay Utilities
and they charge $6.90 a month for an individual residence. Upon motion made,
seconded and carried, the Board approved a flat rate of $6.90 a month for the sewage
charge for a residence with non -metered use of water.
PROPOSAL TO SELL WATER AND SEWER SYSTEM OF GREENLAND DEVELOPMENT CO. TO THE CITY
Paul E. Krueper, Jr., Manager, Utilities Department, presented to the Board a
letter from Louis Anderson proposing to sell the water and sewer system of the
Greenland Development Company to the City of South Bend. Mr. Krueper said that
Mr. Anderson's letter assumed that the City would pay the full amount for the water
system and one-half of the sewer system, plus 10%. Mr. Farrand said that, in a
subdivision, the City requires the developer to put in the sewers. The Board
then directed that Mr. Krueper contact Mr'. Anderson for discussions on this
matter and then make a recommendation to the Board. Mr. David Wells, Manager of
the Bureau of Design And Administration, suggested that Mr. Krueper took into
the capability of the water system to provide fire protection to the area.
There being no further business to come before the Board, upon motion made, seconded
and carried, the meeting adjourned at 11:25 a.m.
ATTEST: