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HomeMy WebLinkAbout11/13/1979 Board of Public Works Minutes250 REGULAR MEETING A regular meeting of the Board 9:30 a.m. on Tuesday, November McMahon, with Mr. McMahon and absent. Deputy City Attorney NOVEMBER 13, 1979 of Public Works was convened at 13, 1979 by President Patrick M. Mr. Mullen present and Mr. Brunner Terry A. Crone was also present. MINUTES OF PREVIOUS MEETING APPROVED Mr. Mullen reported that the minutes of the November 5 meeting had been reviewed and he made a motion that the minutes be approved as submitted. Mr. McMahon seconded the motion and it carried. AGENDA ITEMS ADDED Mr. McMahon noted receipt of a a Contract with CANCO, a request for an encroachment and a petition and complaint regarding the Soluble Oil Disposal Facility after the posting of the meeting agenda. He made a motion that the items be added to the agenda. Mr. Mullen seconded the motion and it carried. VACATION RESOLUTION NO. 3481 CONFIRMED This was the date set­.for.holding a-- hearing on Vacation Resolution No. 3481 for the vacation of;Lafayette Street, from Indiana Avenue south to the dead end, a distance of approximately 271 feet. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Enterprise- Record which were found to be sufficient. Mr. McMahon noted receipt of a Notice of Public Utility Use of the alley from the Northern Indiana Public Service Company. The notice was ordered filed. Mr. Howard Goodhew was present on behalf of the petitioner, The Ridge Company. He said the petition filed- sets forth the vacation request and he would be happy to answer any questions of the Board. Mr. McMahon noted the petition was given public hearing by the Area Plan Commission and no remonstrances were received. Harold Brueseke, Attorney, was present on behalf of the Indiana Iron and Metal Company and advised the Board that they have joined the Ridge Company in the vacation petition. There were no remonstrators present and no written remonstrances were filed with the Board. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Board confirmed the Vacation Resolution and directed the preparation of an Assessment Roll HOUSE MOVE APPROVED - 524 N. LAFAYETTE TO 920 W. WASHINGTON The Board received a request from Lykowski House Movers to move a structure from 524 N. Lafayette to 920 W. Washington. The request has been reviewed by the Building Commissioner and the Bureau of Traffic and Lighting. Adjacent property owners have been advised of the house move and of this public hearing. Approval of the house move is recommended by the Bureau of Traffic and Lighting, subject to a contract with a qualified signal contractor, a state highway permit and to the stipulation that the move be made on Thursday, November 15. There was no one present to speak on the matter. Upon motion made by Mr, McMahon, seconded by Mr. Mullen and carried, the house move was approved, subject to the stipulations of the Bureau of Traffic and Lighting. GRADY THOMPSON PRESENT RE: INDEPENDENT CAB COMPANY The Board had requested that Grady Thompson, operator of the Independent Cab Company, appear today to- answer questions concerning allegations made that Mr. Thompson is using two vehicles as taxis, that one was unlicensed and unmarked and had no meter. The Board also noted that there was no telephone listing for the Independent Cab Company as required by ordinance. Mr, Thompson was present and advised the Board n 251 REGULAR MEETING NOVEMBER 13, 1979 that the telephone was temporarily disconnected, but he was having it connected today at 137 N. Birdsell Street. He stated he has only one cab, Cab No. ll. His personal vehicle is being driven by Mr. Herb Singleton. Mr. Singleton was present and said he is driving Mr. Thompson`s vehicle to Notre Dame University where he is employed. The Board asked Mr. Singleton if he charges people to ride in the vehicle and Mr. Singleton said he did not. Mr. Thompson was asked if his Cab was marked. He said he was installing a top piece today and that the magnetic signs on the taxi have been stolen and he had to get assistance from the Police Department to recover them. Mr. Mullen noted that the name of the cab company and the number should be painted on the vehicle, as a permanent means of identification, and that this is a requirement of the Municipal Code for all taxicabs. Mr. Thompson said he would have the painting done. Mr. Mullen then said it appeared that Mr. Thompson had not complied with Code requirements for the taxicab and asked that the cab be brought up to Code standards within fourteen days. When the work has been done, Mr. Thompson is to take the cab to the Police Department for an inspection and the Police Department will notify the Board if the inspection is satisfactory. If the vehicle does not meet code requirements at the end of the fourteen -day period, the Board will consider revoking the taxicab license. Mr. Crone asked Mr. Thompson if his office was open twenty -four hours a day, as required by the Code and Mr. Thompson said that it was. Mr. Thompson said he had some complaints about other cab companies which he had not brought up and would send a letter to the Board in regard to them. PETITION AND COMPLAINT RE: SOLUBLE OIL DISPOSAL FACILITY Dr. Joseph Peyser, 1820 Ribourde Drive, and other residents of the area were present and submitted to the Board a petition and complaint regarding the buring of liquid wastes at the soluble oil disposal facility Dr. Peyser submitted the following list of questions to the Board: 1. Is it true the City.leased this property to a private contractor, PRENCO, of Detroit, Michigan, for one dollar ($1.00) a year for the next ten years? 2. Is it true that they bring in tankers ofliquid wastes from industries from Kokomo, Gary, Michigan and-even from as far away as southeastern Ohio? 3. Given the cost of transportation today, what is in those tankers that makes it worth that kind of cost to0hio industries to export their wasts to South Bend? 4. Of what possible benefit can this be to South Bend and its residents? 5. Has there been any study done of the long -range effects of this operation on.air pollution in this area? 6. What effect could all of this type of waste - burning be having on the ozone levels in the area which have already been cited by the Environmental Protection Agency as exceeding the allowable level? 7. Who are the industires sending their liquid wastes here? Where are they located? 8. What is the chemical content and toxicity of ,the waste and the fumes? 9. What caused the chemical content and toxicity of the waste and the fumes? 10. How big is this operation becoming? More stacks and even storage tanks have already been added. 11. What is the 1.1 million- dollar Federal grant for expansion of the sewage treatment plant for? Isn't it true this plant is already large enough to serve a population of 450,000, larger than this area will ever need? Is the grant for the stacks? 252 REGULAR MEETING NOVEMBER 13, 1979 12. What consideration has been given to the effects this all will have on the residential climate of the area? on the aesthetic aspects of the Pinhook Park site? on the fact that this is an historic site? 13. What if there is spillage or leaks, or an overturned tanker? What would this do to the water in the Pinhook Park Lagoon. (There was an oil leak into the lagoon in 1976 and the deposits are still there? This couldrender the park unusable. 14. Why was there no compliance with the Air Pollution Ordinance? Why are there no filters or scrubbers on the stacks? What about zoning ordinances? Dr. Peyser then commented on 'questions, expressing the concern of the residents because of the odor, the flames, the recent fire and the bringing into the area of waste from other areas. Mr. McMahon responded to Dr. Peyser's comments by stating that the City will investigate the matter. He said the Soluble Oil Disposal Facility was built in 1974 to handle liquid wastes. It was felt better for the community to handle the material in this manner rather than in deep wells in the ground. It was considered one of the best means of disposal of these types of waste by the Environmental Protection Agency for industries in the community. It was also felt that better control of the handling of these wastes was needed. However, there was a volume of waste needed in order to keep that facility operating and that volume was not being met, so the City ceased the operation of the facility. The manufacturer made a proposal to operate the facility on a dollar a year basis with the understanding that it would be operated in full compliance with the air pollution standards. That is what prompted the Board to enter into the lease with Prenco. He pointed out that this action was taken only after a series of public meetings of the Board and the Council, with the news media covering these meetings and it was felt that the information was made available to the community through television, radio and newspaper coverage. With regard to the fire last week, Mr. McMahon said the Board would refer the matter, to the Fire Chief and ask that an inspection be made both by the South Bend Fire Department and the State Fire Marshal to see that the operation is being conducted in compliance with the applicable codes. With regard to air pollution, Mr. McMahon said Prenco was advised when the lease was entered into that they would be required to meet the air pollution standards set by the County Health Department, the agency charged with monitoring such matters. The Health Department may have established a schedule for Prenco with regard to meeting those standards. The Board has not heard anything from the Health Department regarding any problem with Prenco not meeting the air pollution standards. The Board will request that Paul Troost of the Health Department make an inspection of the facility for compliance with Health Department regulations. If the Health Department feels that action is necessary, they will advise the Board. In addition, the Board will ask,.-,the Building Department to make an inspection of the facility for any Code violations. Mrs. Schaum, 1834 Ribourde Drive, asked about the possibility of an oilleak in the area. Mr. McMahon said there are large sumps capable of handling any problems in that regard and there is no reason to believe a leak would occur. Residents noted there was a leak some years ago and evidence of it is still visible in the Pinhook Lagoon, Mr. McMahon advised residents to confer with David Wells, of the Engineering Department Staff, regarding steps that would be taken to prevent any leaks. Mrs. Schaum then asked the Board to take immediate action in this matter because of the air pollution, the obnoxious odor, the large flames and the fire which occurred last week. She also expressed concern about the reason for REGULAR MEETING NOVEMBER 13. 1979 253 entering into a dollar a year ,lease with a company to bring in waste from other areas to be disposed of. Mr. McMahon said the Board's intention is to request various Departments of the City and state to investigate the facility for any violations that may be occurring and to take appropriate action for immediate correction. Dr. Peyser said this lease was not of benefit to South Bend and he felt that disposal of out -of -state waste materials was not intended and not in the best interest. Mr, McMahon noted the City was aware of the fact that there was not the volume of waste needed from local industries to keep it operating and that the facility was capable of handling additional waste. Prenco agreed to operate the facility and to comply with all requirements for such an operation. The Board has the authority to require complete compliance with all Code requirements and will request that all affected City Departments make investigations and report to the Board. Following receipt of those reports, the Board will determine what action is required. WYVERN CONTRACT FOR POLICE MERIT PLAN APPROVED John V. Cimino, Coordinator for the Police Merit Plan, submitted to the Board a contract with Wyvern Research Associates. The merit plan, as adopted by the Board of Public Safety, calls for two performance evaluations a year. One has been conducted this year with funding through revenue sharing. The second evaluation is now ready to go and the contract is in the amount of $5900 to be paid for from the Police budget. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the contract was approved. FIRE TRUCK IN HOLIDAY PARADE APPROVED Fire Chief Oscar Van Wiele advised the Board that he had been requested to allow the use of a fire truck for the Annual Holiday Parade on November 17 and he recommended that the request be approved. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the request was approved, DESIGNATION OF PROJECT ENGINEER FOR TWYCKENHAM BRIDGE PROJECT Mr. McMahon advised the Board that St. Joseph County and the State Highway Department will be.reconstructing and widening the Twyckenham Drive bridge. Included in the project will be the improvement of the Twyckenham Drive- Lincolnway East intersection. He submitted to the Board a letter to the Indiana State Highway Commission designating Patrick M. McMahon as Project Engineer for the intersection improvements, with responsibility for all inspections. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Board designated Patrick M. McMahon as Project Engineer for the Twyckenham Bridge project intersection improvements. APPROVAL OF CONTRACTS - GARAGE PORTION', FIRST BANK CENTER Contracts for the Garage Portion of the First Bank Center were submitted to the Board for approval. The contracts are in accordance with the bids awarded by the Board. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the following contracts were approved, subject to the filing of the necessary insurance certificates and bonds: Contract 106 -107 - Structural Concrete and Masonry, H. G. Christman Construction Company - $2,464.000.00 Contract 109 - Carpentry - Harry H. Verkley Contractors - $9,400.00 Contract 110 - Standard Steel Doors and Frames J.W. Werntz & Son - $7,250.00 REGULAR MEETING Contract 111 - Finish Hardware J. W. Werntz & Son - $2,650.00 Contract 113 .- Plumbing Dye Plumbing &:Heating, Inc.- $83,000.00 NOVEMBER 13, 1979 CHANGE ORDER APPROVED - RUNAWAY SHELTER REHABILITATION A Change Order in the contract with Plaia Construction Co. for rehabilitation of the Runaway Shelter at 1322 Lincolnway East was submitted to the Board. The Change Order does not change the dollar amount of the contract but provides for the deletion of the installation of a two -bowl vanity in the bathroom and adds the installation of a one -bow.l vanity and the installation of a permanent hot water line for a dishwasher. The change order is recommended for approval by Bonnie Strycker, Director of the Youth Services Bureau, and C. Thane Wilson, Bureau of Housing monitor for the project, Upon motion made by Mr, McMahon, seconded by Mr. Mullen and carried, the change order was approved. REQUEST TO ATTEND CONFERENCE APPROVED James Markle, Building Commissioner,. requested permission to attend a Uniform Building Code Hearing in Indianapolis on Wednesday, November 14. Upon.motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the request was approved,. OFFER TO PURCHASE MICHIGAN /MAIN PROPERTY FILED The Board received an offer from James Conboy, Jr., Michigan Marion Street Joint Venture, for Parcel B of residual property acquired for the Michigan /Main Connector for $12,850.00. The Board had advertised the property for sale on two occasions, as required by the Municipal Code, and received no bids. Upon motion made by Mr. McMahon, seconded by Mr. Mullen =and carried, the offer was filed and the Board directed that a resolution be prepared for the Common Council requesting authorization to negotiate the sale of the parcel. REQUEST TO PURCHASE CITY -OWNED LOT AT 718 S.BENDIX FILED The Board received a request from Mrs. Manuel Navarro to purchase a city -owned lot at 718,S. Bendix. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the request was filed and referred to the,Mayor's Office, Park Department, Engineering Department, Community Development Department and Redevelopment Department for review and a determination as to whether the lot should be retained for any purpose. REQUEST FOR MARATHON FILED , The Board received a request from.St. Adalbert's Parish to hold a Marathon Race on July 27, 1980. In accordance with the Board's guidelines, the request is being submitted six months in advance. The proposed route was submitted and the marathon is to begin at 6:00 p.m, Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the request was referred to the Bureau of Traffic and Lighting and the Police Department to establish the date and to request a review and recommendation. 0 n 255 REGULAR MEETING NOVEMBER 13, 1979 TRAFFIC CONTROL DEVICES APPROVED Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, submitted to the Board the following recommendations for traffic control devices: A. Installation of Stop Sign on Monroe at Sunnyside B. Installation of Stop Sign on Monroe at Twyckenham C. Remove One Hour Parking and revise to No Parking North 2 block East side of 500 N. Michigan D. Install No Parking Zone South Side of 300 W. LaMonte Terrace Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the recommendations were approved. HANDICAPPED PARKING PERMITS APPROVED The Board received applications for Handicapped Parking Permits from Mary Patricia Leyes, 1311 E. Wayne St. North, and Sandra S. Biddle, 930 Beale Street. Doctor's statements were attached to each application. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the applications were approved and referred to the Controller's Office for issuance. REQUEST FOR DESIGNATED HANDICAPPED PARKING SPACES The Board received a request from the Indiana Vocational Rehabitational Division and Services to the Blind to designate two or three parking spaces for the handicapped in front of their building at 221 W. Wayne Street. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the request was referred to the Bureau of Traffic and Lighting for review and recommendation. BOND APPROVED Ray S. Andrysiak, Bureau of Engineering, reported to the Board that the Contractor's Bond submitted by Herschel Willis had been properly executed and could be approved. Upon motion made by Mr. McMahon, seconded by Mr, Mullen and carried, the bond was approved. CETA SUBGRANTS APPROVED Elroy J. Kelzenberg, Director of the Bureau of Manpower and Training, submitted to the Board the following subgrant and worksite training agreements for approval: Y.W.C.A. - 10/1/79 to 9/30/80 - $41,906.00 Community. Coordinated Child Care - 11/1.79 to 9/30/80 - $7,840.00 Justice and Peace Center — 10/1/79 to 9/30/80 Midwest Pops Orchestra - 10/1/79 to 0/30/80 St. Joseph County Head Start - 10/1/79 to 8/20/80 Portage Township Assessor;s Office - 10/1/79 to 4/4/80 Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the agreements were approved. CLAIMS APPROVED Chief Deputy Controller Michael L. Vance submitted to the Board Claim Docket Numbers 21834 to 22362 and recommended approval. Upon motion made by Mr. McMahon, seconded by Mr, Mullen and carried, the Board approved Claim Docket Numbers 21834 to 22362 and directed thst checks for payment be issued. 256 REGULAR MEETING NOVEMBER 13, 1979 CERTIFICATE OF INSURANCE FILED A Certificate of Insurance written on behalf of the Ziolkowski Construction Company was submitted to the Board. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Certificate was ordered filed. STREET LIGHT OUTAGE REPORT FILED The Street Light Outage Report for the period November l to November 7 was submitted to the Board. The report indicated four outages. Upon motion made by Mr.. McMahon, seconded by Mr. Mullen and carried, the report was ordered filed. ENCROACHMENT APPROVED The Shannon Development Company requested an encroachment over the public sidewalk at 515 -521 E. Jefferson, by the installation of bay windows extending over the public right -of -way by nine inches. The Building Commissioner has reviewed the request and recommended approval. A certificate of insurance was submitted with the request. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the encroachment was approved and the certificate filed. AGREEMENT WITH CANCO APPROVED An Agreement between the City of South Bend and the Child Abuse and Neglect Coordinating Organization of St, Joseph County was submitted to the Board. The agreement provides for services to be rendered and reports submitted to the Board and is in the amount of $10,000.00, to be paid in installments of $2,500.00 quarterly. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the contract was approved, subject to funding. There being motion made the meeting ATTEST: no further busin by Mr. McMahon, adjourned at l" Patricia DeC ercq, Clerk ess to come before the Board, upon seconded by Mr. Mullen and carried, U i�