HomeMy WebLinkAbout05/07/1979 Board of Public Works Minutes42
REGULAR MEETING
MAY 7, 1979
A regular meeting of the Board of Public Works was convened at
9:40 a.m. on Monday, May 7, 1979 by Chairman.Pro -Tem Peter H.
Mullen with Mr. Mullen and Mr. Brunner in attendance. Deputy
City Attorney Terry Crone was also present.
MINUTES OF APRIL 30 MEETING APPROVED
Mr. Brunner reported that the minutes of the April 30 meeting of
the Board had been reviewed and he made a motion that the minutes
be approved as submitted. Mr. Mullen seconded the motion and it '
carried.
AGENDA ITEM ADDED
Mr. Mullen noted receipt of a request for the sale of poppies after
the meeting agenda was posted and he made a motion that the request
be added to the agenda at this time. Mr. Brunner seconded the
motion and it carried.
Patrick M. McMahon, President of the Board, arrived at 9:45 a.m.
and conducted the balance of the meeting.
OPENING OF BIDS - SALE OF PLAZA PARK
This was the date set for receiving bids for the sale of Plaza
Park. The Clerk tendered proofs of publication of the notice in
the South Bend Tribune and the Tri- County News which were found
to be sufficient. There were no bids received. Mr. Brunner advised
the Board that the language of the ordinance governing the sale of
city property now requires that the property be re- advertised for
sale on credit terms over a period of not more than three years
with quarterly installment payments at not less than the offering
price. Any bids received for the sale of the property on credit
would be reviewed with the Park Department before an award was made.
Upon motion made by Mr. McMahon, seconded by Mr. Brunner and
carried, the Board approved re- advertising the Plaza Park property
for sale on credit terms.
APPROVAL OF CETA AUDIT CONTRACT
Elroy Kelzenberg, Director of the Bureau of Employment and Training,
advised the Board that, in accordance with federal regulations,
the Bureau solicited bids for Auditing Services on CETA Subgrants
for the period October 1, 1976 through September 30, 1978. Five
proposals were received and reviewed. Following review of the
bids, Mr. Kelzenberg recommended acceptance of the low bid of
McGladry Hendrickson at the rate of $6.97 per thousand dollars to
be audited. The total amount to be audited will exceed two million
dollars and the approximate cost of the audit will be fourteen
thousand dollars. Upon motion made by Mr. McMahon, seconded by
Mr. Mullen and carried, the audit contract was approved.
APPROVAL OF START-UP COSTS FOR OLDER ADULT LOCK PROGRAM
John Cimino, Director of the Criminal Justice Planning Bureau,
submitted to the Board a request for approval of start -up costs
for the Older Adult Lock Program in accordance with the contracts
between the City and REAL Services and Seifer Safe and Lock Company.
Costs are to be as follows:
April 30, 1979 $17,392 Start -up Costs - Title III Funds
May 30, 1979 $ 7,608 Labor Costs - Title III Funds
June 30, 1979 $ 2,777.00 South Bend Police Services
Upon motion made by Mr. McMahon, seconded by Mr. Brunner and
carried the Board approved the start -up costs and filed the material
submitted.
REGULAR MEETING MAY 7, 1979 43
BID AWARDED - IRONWOOD AND PLEASANT ITIPROVE14ENTS
John E. Leszczynski, Manager of the Bureau of Public Construction,
submitted to the Board a tabulation of bids received for the Ironwood -
Pleasant intersection, Project R & S 7904. Based on the review
of the bids received, Mr. LeszczynskCrecommended that the bid be
awarded to the low bidder, Rieth Riley Construction Company,
in the amount of $89,450.25. Upon motion made by Mr, McMahon,
seconded by Mr, Brunner and carried, the Board approved the
recommendation and awarded the bid.
TITLE SHEET APPROVED - MONROE STREET IMPROVEMENTS
The Title Sheet approving the plans for Project R & S 7902,
pavement widening and storm sewer construction on Monroe Street,
between Main and Lafayette, was submitted to the Board by John E.
Leszczynski, Manager of the Bureau of Public Construction.
Upon motion made by 11r, McMahon, seconded by Mr. Mullen and carried,
the title sheet approving the plans was signed.
TITLE SHEET APPROVED AND BID ADVERTISING APPROVED - CLEVELAND ROAD SEWER
David A. Wells, Manager of the Bureau of Design and Administration,
submitted to the Board the title sheet approving the plans for the
Cleveland Road Trunk Sewer and requested permission to advertise
for bids.. Mr. McMahon noted that the project covers construction
to extend the trunk sewer from the intersection of Cleveland and
Portage to the intersection of Cleveland and the U. S. 31 North Bypass.
Funds for the project have been appropriated. Upon motion made by
Mr. McMahon, seconded by Mr, Brunner and carried, the title sheet
was signed and the Board authorized advertising for bids.
FILING OF PETITION FOR STREET IMPROVEMENT AND SPEED CONTROL ON WOODMONT
A petition signed by residents of Woodmont Street and surrounding
streets was submitted to the Board requesting that Woodmont Street
be resurfaced between Altgeld and Greenwood and that speed bumps
be installed along with "Slow- Children at Play" signs. Upon motion
made by Mr. McMahon., seconded by Mr. Brunner and carried, the petition
was filed and referred to the Bureau of Traffic and Lighting and the
Police Department for review and recommendation.
ADOPTION OF RESOLUTION NO. 11 - SALE OF CITY - -OWNED PROPERTY
Mr. McMahon noted that a number of properties for which requests to
purchase have been filed were reviewed by various city departments
and cleared for sale. A resolution authorizing the sale has been
prepared for adoption by the Board and referral to the Common Council
for approval. Upon motion made by Mr. McMahon, seconded by Mr. Mullen
and carried, the following resolution was adopted;
RESOLUTION NO. 11, 1979
WHEREAS, the Board of Public Works of the City of South Bend has
compiled a current detailed inventory of all real property owned
by the City of South Bend, Indiana pursuant to Chapter 14.5 of the
Municipal Code of the City of South Bend; and
WHEREAS, the Board of Public Works has reviewed said inventory of
real property and it now finds that certain of the parcels of
real estate now owned by the City are not necessary to the public
use and are not set aside by state or city law for public
purposes, pursuant to Chapter 14.5 of the Municipal Code of the
City of South Bend; and
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REGULAR MEETING
MAY 7. 1979
WHEREAS, the Board of Public Works now wishes to take the necessary
action to make it possible for the Board, in the future, to
sell said parcels of real estate pursuant to Chapter 14.5
of the Municipal Code of the City of South Bend.
NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works
of the City of South Bend, Indiana:
1. That the parcels of real estate owned by the City
contained in the following list are not necessary
to the public use and are not set aside by state
or city law for public purposes:
Street Address
Deed Number
2530
Bertrand Street
918
329
North Cushing
1054
331
North Cushing
1019
230
Embell Court
660
2005
W. Indiana
1065
416
S. Kenmore
775
420
S. Kenmore
926
1320
W. Jefferson
1015
677
LaPorte
1113
1316
Liston
877
2. That this resolution shall immediately upon its'
adoption be submitted to the Common Council of
the City of South Bend pursuant to Chapter 14.5
of the Municipal Code of the City of South Bend.
Adopted this 7th day of May, 1979.
BOARD OF PUBLIC WORKS
s/ Patrick M. McMahon
s/ Thomas J. Brunner, Jr.
s/ Peter H. Mullen
ATTEST:
s/ Patricia DeClercq, Clerk
MUSCULAR DYSTROPHY BED RACE CANCELLED
The Board was advised by Dennis Chandler, District Director of
the Muscular Dystrophy Association, that the Bed Race planned
for June 2 has been cancelled because of lack of interest of
the business community. Upon motion made by Mr. McMahon, seconded
by Mr. Mullen and carried, the notice was filed and City Departments
are to be notified.
REQUEST FOR HANDICAPPED PARKING SPACES FILED
The Board received a request from Allen E. Schrager, on behalf of
AGA Realty Company, to consider designating one or two handicapped
parking spaces in front of the J.M.S.Building because of doctor's
offices located in the building. Upon motion made by Mr. McMahon,
seconded by Mr. Brunner and carried, the request was filed and
referred to the Bureau of Traffic and Lighting for review and
recommendation.
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REGULAR MEETING MAY 7, 1979
AWARDING OF BALANCE OF STREET MATERIALS BIDS FOR 1979
Patrick M. McMahon, Director of Public Works, submitted to the
Board a recommendation for the balance of Street materials for
1979 to be awarded as follows:
Item #11 Emulsified Asphalt to Emulsified Asphalts, Inc.
at 41.99 per gallon
Item #T2 Mineral Aggregate #2 to The Levy Company at
$5.50 per ton
Item #13 Coarse Aggregate # 9 to Medusa Aggregates at
$2.45 per ton.
These were the low bidders in each classification. Upon motion
made by Mr. McMahon., seconded by Mr. Mullen and carried, the
recommendation was approved and the bids awarded.
REQUESTS TO PURCHASE CITY. -OWNED LOTS FILED
The Board received the following requests for information regarding
the purchase of city -owned lots:
A. 2005 W. Indiana Avenue - Request from Mr, & Mrs. Bill Surguy
B. 1125 and 1129 S. Lafayette - Request from Edward Bogart, Jr.
C. 802 S. Kaley - Request from William D. Marvin
Upon motion made by Mr, McMahon, seconded by Mr. Mullen and carried,
the requests were filed and referred to the Mayor's Office, Engineering
Department, Community Development Department, Park.Department
for review and a determination as to whether the lots should be
retained for any purpose.
STREET LIGHT INSTALLATION APPROVED
Joseph J. Pluta, Assistant Manager of the Bureau of Traffic and
Lighting, submitted to the Board the following street light
installation recommendation:
4900 Block Greenleaf 7000L MV OH - $4.80 /mo.
Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried,
the recommendation was approved.
BID ADVERTISING APPROVED - CONSTRUCTION OF FENCE AT CITY CEMETERY
Michael L. Vance, Deputy City Controller, submitted to the Board
a request to advertise for bids for construction of a fence at City
Cemetery. Specifications are being prepared and will be filed with
the Board. Mr. Mullen noted that funds for the project are available
in the Perpetual Care Fund. Upon motion made by Mr. McMahon,
seconded by Mr. Mullen and carried, the Board approved advertising
for bids for the project.
REQUEST TO REMOVE PARKING BAN ON JOHNSON STREET DENIED
Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting
reported to the Board that he had reviewed the request of Councilman
Joseph Serge that the parking ban on the east side of Johnson Street
be removed and that Johnson Street, from Lincolnway West to Hamilton
Street be made one -way. Mr. Wadzinski noted that to reinstate
parking on the east side of Johnson Street would result in a nine -
foot driving lane for two -way traffic. The existing situation with
parking removed on one side is an obvious benefit to motorists.
Designation of Johnson Street as one -way southbound would prohibit
turning movements from Lincolnway West onto Johnson. These movements
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REGULAR MEETING MAY 7, 1979
would be transferred to O'Brien Street and Brookfield Street and
add to the congestion on Lincolnway West. The problem of turning
vehicles would be transferred to two locations instead of one.
There have been six accidents at the intersection of Lincolnway
West and Brookfield during 1979. Designation of Johnson Street
as one -way northbound would still transfer turning movements
to O'Brien and Brookfield. In this case, those vehicles that
normally exit at the light at Johnson would be forced to exit
onto Lincolnway West at the other two intersections, which are
not signalized. Mr. Wadzinski recommended that the parking ban
on Johnson Street remain and that the street remain two -way.
Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried,
the recommendation was approved and the requests denied, The
Board requested that the Councilman be notified of this action.
APPROVAL OF AGREEMENTS WITH CONRAIL FOR VIADUCT LIGHTING
Mr. McMahon advised the Board that Conrail was advised when
projects for viaduct lighting at several locations were proposed.
Plans were submitted to Conrail and they have now approved the
installations. Copies of the agreements with Conrail were submitted
to the Board. Upon motion made by Mr. McMahon, seconded by Mr.
Brunner and carried, the agreements were approved.
RIVER BEND PLAZA REQUESTS APPROVED
Michele Dobski, Director of River Bend Plaza, submitted the
following requests for consideration:
A. Navarre School Musical Presentation on the Plaza on Friday,
May 25 from 12:00 to 1:00 p.m. It is requested that a
school bus be permitted to park on the Supergraphic area.
Upon motion made by Mr. McMahon, seconded by Mr. Brunner.
and carried the request was approved.
B. Cat Show sponsored by the Chamber of Commerce, on Saturday,
May 19 from Noon to 5:00 p.m. A Certificate of Insurance
will be submitted. Food vending booths are also to be
included. Upon motion made by Mr, McMahon, seconded by Mr.
Mullen and carried, the request was approved, subject to the
food vendor's filing Certificates of Insurance and purchasing
the necessary vending licenses.
REPORT ON REQUEST FOR BANNER ACROSS JEFFERSON STREET
The Board had requested that Deputy City Attorney Terry Crone
review the request of River Bend Plaza to string a banner across
Jefferson Boulevard at the Plaza to promote the Ethnic Festival.
Mr. Crone advised the Board that he had reviewed the Municipal
Code with regard to a banner and the only requirement is that
a banner is prohibited from being attached to a utility pole.
Mr. McMahon made a motion that the request be referred to the
Building Commissioner for his review and recommendation. Mr.
Brunner seconded the motion and it carried.
OPEN AIR STAND APPROVED -,MAY 10
Michael Elliott, operator of a Hot Dog Stand on the Marycrest
Parking Lot, submitted a request to operate a one -day open air
stand in another location on the Marycrest Parking Lot on
Thursday, May 10. The stand application is at the request
of Jerry Hammes in connection with an auction to be held on that
day. Upon motion made by Mr. McMahon, seconded by Mr. Mullen
and carried, the request was approved, subject to the purchase
of a vending license.
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REGULAR MEETING
MAY 7. 1979
4'7
ADOPTION OF RESOLUTION NO. 12,.1979 - TRANSFER OF MERRY AVENUE PROPERTY
A Resolution for transfer of real estate from the Board of Public
Works to the Department of Redevelopment was submitted to the Board.
The resolution was prepared by the Legal Department. Mr. Brunner
noted that the resolution is required because the property, part
of the Merry Avenue property, was sold to a Mr. Hepler. The
title insurance company has raised a question regarding the ability of
the City to pass title to the purchaser without competitive bidding.
In order td cure this problem raised by the title insurance company
the propetty'isnow being passed back to the City and then to the
Redevelopment Department where it will be bid and transferred over
to the purchaser. Upon motion made by Mr. McMahon, seconded by Mr.
Brunner and carried, the following resolution was adopted:
RESOLUTION NO. 12, 1979
A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE
CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE TRANSFER
OF CERTAIN PARCELS OF REAL ESTATE, COMMONLY KNOWN AS
THE MERRY AVENUE PROPERTIES, TO THE DEPATMENT OF
REDEVELOPMENT OF THE CITY OF SOUTH BEND
WHEREAS, the City of South Bend, Indiana by and through its Board
of Public Works has received a deed for certain parcels of real
estate along Merry Avenue, South Bend, from the South Bend
Model Cities Economic Development Corporation, an Indiana not -for-
profit corporation, In Liquidation, in conjunction with the dissolution
of said corporation; and
WHEREAS, the Department of Redevelopment of the City of South Bend,
by and through its Redevelopment Commission, proposes to offer said
parcels of real estate to the public through public bidding procedures
in conjunction with an urban redevelopment project; and
WHEREAS, the parcels of real estate along Merry Avenue now under the
control of the Board of Public Works may be put to best use by the
Department of Redevelopment for a public purpose in conjunction with
an urban redevelopment project;
NOW, THEREFORE, BE IT RESOLVED by the.Board of Public Works of the
City of South Bend, Indiana as follows:
SECTION 1. The Board of Public Works hereby authorizes and directs
the conveyance by Quit -Claim Deed to the Department of Redevelopment
of the City of South Bend certain parcels of real estate located in
the City of South Bend, St, Joseph County, State of Indiana, commonly
known as the Merry Avenue properties, and more particularly described as:
Parcel 1
Lots Thirty -five (35) to Forty -four (44) inclusive as
shown on the Recorded Plat of Arnold's First Addition
to the City of South Bend, Indiana. Also a vacated
alley running from Merry Avenue to Grant Street. Also
the South one -half (1/2) of vacated Merry Avenue.
Parcel 2
An irregular parcel of land situated in the Northeast
Quarter (NE 1/4) of Section Ten (10), Township Thirty -
Seven (37) North, Range Two (2) East, in the City of
South Bend, St. Joseph County, State of Indiana, more
particularly described as follows, to -wit:
Beginning at the intersection of the northerly right
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REGULAR MEETING
MAY 7, 1979
of way line of the New York Central Railroad Company and
the east line of Grant Street, thence North along the
east line of Grant Street, a distance of One Hundred Eighty -
one and Forty -one Hundredths (181.41) feet more or less to
a point on said line, which point is Three Hundred Sixty -one
and Thirty -nine Hundredths (361.39) feet more or less south
of the south line of Washington Street, measured along the
east line of Grant Street, the place of beginning; thence
eastwardly a distance of Eighty -four (84) feet more or less
to a point Three Hundred Sixty -one and Thirty -one and
Thirty -nine hundredths (361.39) feet more or less south of
the south line of Washington Street; thence northeasterly,
a distance of Thirty -two (32) feet more or less to a -point
Three Hundred Forty -eight and Twenty -eight Hundredths (348.28)
feet more or less south of the south line of Washington
Street, thence easterly a distance of Thirty -seven (37) feet.
more or less to a point Three Hundred Forty -eight and
Twenty -eight Hundredths (348.28) feet more or less south of
the south line of Washington Street, thence southerly a
distance of Forty -five (45)feet more or less to a point
Three Hundred Ninety -three and Twenty -eight Hundredths (393.28)
feet more or less south of the south line of Washington Street,
thence easterly along a line parallel to and Three Hundred
Ninety -three and Twenty - eight Hundredths (393.28) feet more
or less south of the south line of Washington Street, a distance
of Seven Hundred Thirth -eight and Fifty -nine Hundredths (738.59)
feet more or less to a point Seven and Fifty -eight Hundredths
(7.58) feet more or less west of the west line of College Street
extended; thence northerly along a line parallel to and Seven
and Fifty -eight Hundredths (7.58) feet more or less west of
the west line of College Street extended, a distance of One
Hundred Seventy -six and Seventy -five Hundredths (176.75) feet
more or less to a point; thence easterly a distance of ten (10)
feet more or less, thence southerly a distance of Seventy -six
and Fifteen Hundredths (76.15) feet more or less to a point; thence
easterly a distance of Ten and Thirteen Hundredths (10.13) feet
more or less to a point Twenty -six and Seventy -nine Hundredths
(26.79) feet more or less west of the centerline of College
Street extended, thence southerly along the said line, a
distance of Two Hundred Two (202) feet more or less to a
point on the west line of Circle Avenue vacated, thence
southerly along a radial line to the centerline of Circle
Avenue a distance of Thirty -three (33) feet more or less, to a
point thence north - easterly along the centerline of vacated
Circle Avenue a distance of Twenty and Sixty -two Hundredths
(20.62) feet more or less to a point; thence southerly along
a radial line to the east line of Circle Avenue vacated and
the centerline of College Street Extended, thence southerly
along the centerline of College Street extended a distance of
Four Hundred Twenty -one and Eighty -three Hundredths (421.83)
feet more or less to a point on the northerly right of way
of the New York Central Railroad Company, thence northwesterly
along the northerly right of way line of the New York Central
Railroad Company a distance of Five Hundred Sixty (560) feet
more or less to a point; thence northeasterly along a line
measured at right angles with the northerly right of way line
of the New York Central Railroad Company a distance of One
Hundred Fifteen (115) feetmor -:or less to a point, thence
northwesterly measured at right angles a distance of
Seventy -two (72) feet to a point, thence northerly along a line
perpendicular to the northerly right of way line of the New
REGULAR MEETING
MAY 7. 1979
York Central Railroad Company a distance of Two and Five -
tenths (2.5) feet more or less, thence northwesterly a
distance of Seventy (70) feet more or less to a point One
Hundred Eleven (111) feet more or less from the northerly
right of way line of the New York Central Railroad Company
measured at right angles, thence northwesterly_ along a
line parallel to and One Hundred Eleven (111) feet distance
from the northerly right of way line of the New York
Central Railroad Company a distance of Three Hundred
Eighty -seven and four tenths (387.4) feet more or less to a
point on the east line of Grant Street, which point is
Four Hundred Nineteen and Three - tenths (419.3) feet south
of the south line of Washington Street, thence northerly
along the east line of Grant Street a distance of Fifty -seven
and Fifty -one Hundredths (57.51) feet more or less to the
point of beginning and containing Six and Sixty -five Hundredths
(6.65) acres more or less.
Adopted this seventh day of May, 1979.
BOARD OF PUBLIC WORKS
s/ Patrick M. McMahon
s/ Thomas J. Brunner, "Jr.
S/, Peter H. Mullen
ATTEST _._
s/ Patricia DeClercq
APPROVAL OF CLAIMS
Michael L. Vance, Chief Deputy Controller, submitted to the Board
Claim Docket Numbers 8395 to 8871 and recommended approval.
Upon motion made by Mr. McMahon, seconded by Mr. Brunner and
carried, the Board approved Claim Docket Numbers 8395 to 8871
and directed that checks for payment be issued.
STREET LIGHT OUTAGE REPORT FILED
The Street Light Outage Report for the period April 23 to May 8
was submitted to the Board. The report indicated eighty -eight
outages. Upon motion made by Mr. McMahon, seconded by Mr. Mullen
and carried, the report was filed,
POPPY SALE APPROVED
The American Legion Auxiliary, Unit No. 50, requested permission
to sell veteran -made poppies on the public sidewalks on May 18
and 19. Upon motion made by Mr, McMahon, seconded by Mr. Brunner
and carried, the request was approved.
There being
motion made
the meeting
no further business to come
by Mr. McMahon, seconded by
adjourned at 10:1:
ATTEST:
GI,K.It -c-u-a
Patricia DeClercq, C rk
before the Board, upon
Mr. Mullen and carried,
Am