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HomeMy WebLinkAbout12/03/1979 Board of Public Works MinutesREGULAR MEETING DECEMBER 3, 1979 A regular meeting of the Board of Public Works was convened at 9:30 a.m. on Monday, December 3, 1979 by President Patrick M. McMahon, with Mr. McMahon, Mr. Brunner and Mr, Mullen present. Deputy City Attorney Terry A. Crone was also present. MINUTES OF PREVIOUS MEETING APPROVED Mr. Brunner reported that the minutes of the regular_ meeting held on November 26 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 Humane Society Contract and a report on the Soluble Oil Facility and he made a motion that the items be added to the agenda at this time. ;ir. Brunner seconded the motion and it carried. OPENING OF INSURANCE PROPOSALS This was the date set for receipt of insurance proposals for the City of South Bend. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri- County News which were found to be sufficient. The following proposals were received and opened: Arthur J. Gallagher Rolling Meadows, Illinois Bruner Cassady Neeser Agency South Bend, Indiana Allied Agency South Bend, Indiana Jerry J. Miller Insurance Agency South Bend, Indiana Muszynski Insurance Agency South Bend, Indiana Mr. McMahon noted that the proposals would be available for inspection by any interested persons in the office of the Controller. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the proposals were referred to the Controller's office for review and recommendation. ADOPTION OF VACATION RESOLUTION NO. 3483 Mr. McMahon noted receipt of reports from City Departments regarding the review of the petition of Masterbilt,:Inc. to vacate the alley south of Napier Street. The Area Plan Commission had recommended the petition unfavorably, unless right of way was made available for turning into the alley intersection and for access from Chestnut Street. The Bureau of Traffic and Lighting also requested the dedication of turning radius. The petitioner has provided a deed of dedication for the turning radius and it has now been recorded. The Engineering Department reported it has no objection to the vacation since the turning radius has been provided and the Area Plan Commission staff now concurs. The Community Development Department has no objection to the vacation. Upon motion made by Mr. McMahon, seconded by Mr. Brunnerand carried, the reports were ordered filed and the following resolution was adopted: 268 REGULAR MEETING DECEMBER 3. 1979 VACATION RESOLUTION NO. 3483, 1979 RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, That it is desirable to vacate the following: the first east -west alley south of Napier Street, running west from Walnut Street to 6' east of the north -south alley between Lots 34 and 39 of Knoblock's Sub of B.O.L.84 for a distance of 114' 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 34 and 39 of Knoblocks Sub. of B.O.L. 84 Notice of this Resolution shall be published on the 7th and 14th day of December, 1979 in the South Bend.Tribune and in the Tri- County News. This Board at its office on the 31st day of December, 1979 at 9:30 o'clock, A.M., will hear and receive remonstrances from all persons interested in or affected by these proceedings. Adopted this 3rd day of December, 1979. s/ Patrick M. McMahon s/ Thomas J. Brunner, Jr. s/ Peter H. Mullen ATTEST: s/ Patricia DeClercq, Clerk FILING OF CORRESPONDENCE REGARDING HOUSE MOVE FROM OLIVE STREET TO LOCUST ROAD - MOVE APPROVED Mr. McMahon noted the Board had been advised of a situation which occurred when Lykowski House Movers moved a house on Olive Street on November 26 without a permit and without notification to any City departments. A police report was filed with the Board indicated that the house was stuck on Olive Street causing a traffic problem and that there were no permits issued for the move. James Lykowski was present and submitted a letter of apology to the Board, stating that the house had to be moved or it would be demolished and that because it was being moved only a very short distance, they did not anticipate it would cause any problems. It was pointed out that moving a structure without a permit is a violation of the Municipal Code. Mr. Brunner advised Mr. Lykowski that the Board would not be inclined to grant any additional permits to his company if such a situation were to occur again. He noted the Board appreciated the letter of apology in this case and might be willing to overlook this violation, but would not be willing to overlook a second violation. Mr. Lykowski assured the Board this would not happen again. Mr. McMahon us REGULAR MEETING DECEMBER 3, 1979 advised the Board that Mr. Lykowski has requested approval of a permit to move the house from the 800 block South Olive Street to 2718 S. Locust Road. James Markle, Building Commissioner_, has reviewed the request with the Bureau of Traffic and Lighting and the route submitted has been approved. Mr. Markle indicated that adjacent property owners have been notified of the proposed move. There was no one Dresent to speak on the house move. Mr. McMahon stated that the Board would require that twenty -four hours advance notice of any house move be provided to the Board office and to the Police Department after any permit has been approved. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board approved the house move, subject to securing the necessary permit from the Building Department and providing the Board with twenty -four hours advance notice of the date of the move. FILING OF CORRESPONDENCE RE: VACATION RESOLUTION NO. 3482 The Board received the following correspondence from John Peddycord, Attorney for LaSalle Square Associates, regarding Vacation Resolution No. 3482: "Board of Public Works 1308 County -City Building South Bend, Indiana Re: Public Hearing - Vacation Resolution No. 3482 LaSalle Square Gentlemen: A public hearing on the above entitled vacation resolution was held on Monday, November 28, 1979. As attorney for the petitioner, the LaSalle Square Associates, an Indiana General Partnership, I advised you that I would have to provide the Board with a consent to the petition executed by the Bendix Corporation whereby they would consent to the vacation of "all covenants and restrictions and building requirements" of the Westchester Second Unit Subdivision inasmuch as it is the owner of the remaining lots in said subdivision. However, I have since obtained a copy of the original Plat for the Westchester Second Unit Subdivision and there are no covenants, restrictions and /or building requirements of any sort indicated on the Plat. Therefore, that portion of our petition requesting the vacation of "all covenants and restrictions and building requirements of said residential subdivision as pertained to Lots Numbered '43' through and including Lot Numbered '176' of said subdivision" is superfluous. Thus, there simply is no consent needed from the Bendix Corporation nor any other legal entity. Secondly, we are in agreement with the position of the Board outlined by the City Engineer during the hearing, to the effect that there is no need for a public hearing for assessment purposes inasmuch as we are not seeking the vacation of any public streets or alleys or other right -of- ways. Therefore, the transcript of the vacation resolution may now be executed by the Board of Public Works and recorded with the St. Joseph County Recorder. W REGULAR MEETING DECEMBER 3, 1979 By a copy of this letter to Mrs. Patricia DeClercq, Clerk of the Board of Public Works, I am requesting her to mail to me a copy of the vacation resolution as soon as the same is prepared and executed by the Board. Thank you for your cooperation with reference to this matter. Sincerely, s/ John H. Peddycord Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the correspondence was ordered filed. REQUEST FOR BIDS FOR GASOLINE AND FUEL OIL APPROVED Mary Ellen Rusinek, Fiscal Officer for the Department of Public Works, submitted to the Board specifications for gasoline and fuel oil for the calendar year 1980 and requested permission to advertise for bids. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the request was approved and sealed bids are to be requested onJanuary 7, 1979. APPROVAL OF DEDICATIONS The Board received requests for approval of the dedications of Commerce Drive, Bowen Street -High Street and the Laurel Woods Subdivision. Mr. McMahon submitted the following reports, based on review of the status of the improvements by the Engineering Department: With respect to the Commerce Drive dedication, the Engineering Department inspection indicates everything is in order and recommends approval. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the dedication was approved. With respect to Bowen St. -High St., the Engineering Department notes the project has not had final inspection and a Project Completion Affidavit and Performance Bond must be submitted. The Board was advised that an agreement between Dr. Allen and the City of South Bend with reference to the circular portion at the intersection of Bowen and High was prepared by Attorney Stephen Seall. Deputy City Attorney Terry Crone reported to the Board that he had reviewed the agreement, which covers maintenance and con• - veyance to the City of the circular parkway, and he recommended approval. The agreement provides that the City will acquire title to the parkway if Dr. Allen defaults in the requirement to landscape and maintain the property. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Board approved the agreement regarding the circular parkway and approved the dedication of Bowen St. -High St., subject to final inspection, a Project Completion Affidavit and the required bond. With respect to Laurel Woods, Section II, the Engineering Department reports that a Letter of Credit or Surety Bond in the amount of $48,000 must be submitted to cover the cost of improvements which must be made. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Board approved Laurel Woods, Section II subject to the filing of a Letter of Credit to cover the cost of improvements to be made. REGULAR MEETING TRAFFIC CONTROL DEVICES APPROVED DECEMBER 3. 1979 Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, submitted to the Board the following recommendations for traffic control: A. Install Handicapped Designated Parking on the north side of 200 W. Wayne, in the west one -half block, two spaces at the west end of the parking lane at the request of Indiana Rehabilitation Services, 221 W. Wayne Street. B. Install No Parking, South side of McKinley, from Eddy Street East approximately 100'. C. Install 15 Minute Parking, 6 AM to 6 PM, from 906 Portage to 908 Portage. D. Install Stop Sign on Council Oaks at Corpus Christi Drive E. Install Yield Sign on Council Oaks at Ribourde F. Revise to 30 Minute Parking -6AM to 6 PM, 404 W. Western G. Install Stop Sign on Dunham at Kaley H. Install Stop Sign on Springbrook and Woodmont I. Revise to 15 Minute Parking 6 AM to 6 PM, 1326 Miami Street Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the recommendations were approved, SIGNING OF TITLE SHEET - McKINLEY- MANCHESTER SIGNALIZATION The title sheet approving.the plans for the McKinley- Manchester Signalization was submitted to the Board. The project is presently out for bids. Upon motion made by Mr, McMahon, seconded by Mr. Brunner and carried, the title sheet approving the plans was signed. SIGNING OF TITLE SHEET - HIGH COURT The title sheet approving the plans for street, sewer and water on High Court was submitted to the Bord. This is a private development, east of High Street extending 318.67 feet and is designated as High Court. The city has inspected the plans and recommends approval of the title sheet. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the title sheet approving the plans was signed. HANDICAPPED PARKING PERMITS APPROVED The Board received applications for Handicapped Parking Permits from Sara J. Allison, Flavie DeClercq and Bert Nowakowski. Doctor's statements were attached or are on file and the requests were for 1980 permits. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Board approved the applications and referred them to the Deputy Controller's Office for issuance. NO REGULAR MEETING DECEMBER 3. 1979 CETA SUBGRANTS APPROVED Elroy J. Kelzenberg, Director of the Bureau of Employment and Training, submitted to the Board Subgrant Agreements as follows:. Circle of Mercy - 10/1/79 to 9/20/80 - $1,091.00 First United Methodist Day Care, Inc. 10/1/79 to 9/20/80 Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the agreements were approved. SALE OF TOURNAMENT OF ROSES PARADE PROGRAMS APPROVED Mr. John Sherbun, Director of .Big Brothers /Big Sisters submitted to the Board a request to sell Tournament of Roses Parade Programs on River Bend Plaza on December 15 from 10:00 a.m. to 4:00 p.m. This is an annual event to raise funds for the Big Brothers /Big Sisters organization and the group has a current permit from the Charitable Solicitations Commission. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the request was approved. CLAIMS APPROVED Deputy City Controller Michael L. Vance submitted to the Board Claim Docket Numbers 23102 to 23383 and recommended approval. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board approved Claim Docket Numbers 23102 to 23383 and directed that checks for payment be. issued. STREET LIGHT OUTAGE REPORT FILED The Street Light Outage Report for the period November 16 to November 28 was submitted to the Board. The report indicated twelve outages. Mr. McMahon made a motion that the report be filed. Mr. Mullen seconded the motion and it carried. PROJECT COMPLETION AFFIDAVIT APPROVED CONDITIONALLY - SUGAR MAPLE LANE The Project Completion Affidavit and Maintenance Bond for Sugar Maple Lane were submitted to the Board. It was noted that the project has not had final inspection and approval by the Engineering Department. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Project Completion Affidavit was approved, subject to final inspection and approval and filing of the bond. HUMANE SOCIETY CONTRACT APPROVED Peter H. Mullen reported to the Board that a new contract between the City of South Bend and the Humane Society had been prepared. The contract is in the amount of $100,000 for a period of one year and provides that the Society will take all calls after 5:00 p.m. on weekdays and on Saturdays, Sundays and holidays. Mr. Mullen noted that the present dog warden staff will be reduced from four to two. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the contract was approved, subject to approval of the funding by the new Council. 1 REGULAR MEETING FILING OF REPORT ON SOLUBLE OIL FACILITY The following report was submitted to the Board: "Gentlemen: DECEMBER 3, 1979 RE: Soluble Oil Facility In response to the petition Public Works by the Council and as a result of the requ this office has conducted a past and proposed operation located at the intersection Drive. submitted to the Board of Oaks Addition Civic Association, ast of the Board of Public Works, rather intensive survey of the of the Soluble Oil Facility of Riverside Drive and Boland WE At the request of this office, various organizations have made an inspection of the facility. Since the 19th of November, this facility has been reviewed by the following individuals: Battalion Chief Edward Szymkowiak of the Fire Department; State Fire Marshall Richard Polley; Ralph Petty of the Administrative Building Council; James Markle of the Building Department; David Wells of the Engineering Department; Mr. Paul Trost of the St. Joseph County Board of Health; Mr. Jim Hunt of the State Board of Health (Waste Division); Mr. Kent Kerny of the State Board of Health (Air Quality Division). As a result of these inspections, it has been determined by these agencies that the existing burner and storage facilities constructed by the City of South Bend and improved upon by the Prenco organization were found to be in proper working order and within compliance of all requirements of these agencies. It was established by the local Health Authorities that once the scrubber facility was installed and in operating order that the existing facility could be placed back into operation. The Health Department found that was the case on the 28th of November and that office gave Mr. John Brophy permission to restart the existing unit that afternoon. (The unit was restarted Thursday, November 29.) It was determined that allnew equipment and new facilities under construction by the Prenco organization must be submitted to the Administrative Building Council and the State Fire Marshall for their review and approval prior to the issuan.c.e of any permits with respect to these items. Contrary to suggestions made to the Board of Public Works, it was found that the State Board of Health, the local Health Agency, and the Region 5 Office of the Environmental Protection Agency have been monitoring the Prenco operation over the last year. The most recent inspection by the EPA was conducted in November of this year. At this most recent inspection, the EPA took back totheir Chicago office split samples of every load delivered to that date for the purpose of analyzing these samples. There have been no adverse reports written to date by the EPA with respect to Mr. Brophy's operation. With respect to the proposed future operation of these facilities, please be informed that the Health Department has prepared a license for Mr. Brophy which restricts his operation to the basic classification of wastes for which this facility was originally designed by the City of South Bend. Classifications of waste which are considered extremely hazardous in their handling or disposal have been restricted, such as PCB wastes; radioactive wastes, toname but two. 'oleo REGULAR MEETING DECEMBER 3, 1979 A review of the Prenco organization's operation to date (as well as the future operation of the existing facility);, has shown that he has been capable of processing approximately three- quarters of one truck per day through the unit. A review of all wastes treated to date reveals that approximately 50 per cent of said wastes have been paint related sludges, and the other 50 per cent have been pharmaceutical related watery wastes. Review of these records also show that 95 per cent of all wastes treated at the facility to date have originated within the State of Indiana. The drainage for the site and the facilities available to contain spills have been reviewed. All drainage at the site ties directly into the Prenco storage units and should any spills occur these facilities are capable of pumping all spilled materials directly into the adjacent storage tanks. This is true of any wash water which may be used for cleaning equipment at the site. I would also like to note that the Prenco facilities are eauipped to prevent the release of vapors into the air from their storage tanks. All vapors from the tanks are burned in the unit in the same manner that the wastes themselves are handled. All trucks delivering to this site remain sealed prior to, during and at the time of completion of all transfer operations. The Engineering Department's review of the site, drainage and storage facilities indicates that adequate steps have been taken and adequate facilities are available to prevent the loss of any waste at the site. In order to provide an additional back -up, this office will pursue the installation of ground water monitoring facilities - within this area. I would like to note, however, that the aquifer which the City of South Bend's Water Works facilities are utilizing for City water is not, to the knowledge of the Water Works, directly, tied to any aquifer which may be contaminated at this site. All vehicles delivering waste to this site are subject to all of the rules and regulations of the FCC and the Indiana State Commerce Commission. The ingress toand egress from the site shall be restricted to utilizing Riverside Drive between Cleveland and Boland. I would also like to advise the Board that the Prenco organization is required to furnish all insurances and bonds required by the City of South Bend. In order to provide the tightest possible control over the types of waste and their handling, the City will require that Prenco provide an additional sample from every load received at the Plant for the City of South Bend. This sample can then be tested and analyzed at our laboratory facilities located at the Wastewater Treatment Plant. The City of South Bend will then be in a position to evaluate all materials received for processing at the Soluble Oil Facility, thereby confirming the laboratory techniques and analysis performed by the Prenco operators. 0 275 REGULAR MEETING DECEMBER 3, 1979 Questions have also arisen with regard to the continued compliance of this operation with all air and water pollution laws and regulations. All Health Department agencies have indicated, as has the Prenco organization, that this operation has been and will continue to be required to be in conformance with all present and future regulations. Based upon representations made to this office, it is my understanding that the Council Oaks Addition Civic Association is opposed to the continued operation of this facility at this site irrespective of the facility's ability to meet all Health Department, EPA and FCC rules and regulations. Their concern addresses soley the question of the siting of this facility. While this is not a new facility and has, in fact, been at this location since 1974, I do feel that the Board should be advised to review the general siting question. The Prenco organization has agreed to refrain from making any further improvements on their new facilities located at this site until the siting question has been reviewed and decided. I do not feel, however, that it would be appropriate for the Board to intervene in the Health Department's decision which allows him to operate the existing unit during the interim period. Very truly yours, s/ Patrick M. McMahon, P. E. Director IM Mr. McMahon discussed the report with the Board. He noted it has been suggested that there was an oil spill into Pinhook Lagoon but that was not found to be the case. There may have been a wash off of oily material that was used when Boland Drive was paved. We have eliminated any such street treatment from Boland Street and the subdivision in the area. He noted there is no hazard as found by inspections of the Health Department and EPA. The area is isolated and is one - quarter mile from any houses. The operation can be monitored and is not in the heart of a residential area. Mr. McMahon said based on the investigations and reports made by various agencies, it isnot felt the operation is hazardous and would warrant closing it down. There will be continuous monitoring of the operation. Split samples from every load received will be tested at the treatment plant. As an additional check, Prenco has been asked to install a laboratory at their site. Mr. Brunner asked if the Board had received copies of Health Department reports. Mr. McMahon said Paul Trost would be asked to provide copies of all reports and inspections to the Board. Mr. McMahon made a motion to file the report on the soluble oil facility as presented. Mr. Brunner seconded the motion and it carried. There being no further business to come before-the Board, upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the meeting adjourned at 10:40 a.m. I__7_Y_I D