Loading...
HomeMy WebLinkAbout01/28/1980 Board of Public Works MinutesREGULAR MEETING JANUARY 28, 1980 A regular meeting of the Board of Public Works was convened at 9:30 a.m. on Monday, January 28, 1980, by President Patrick M. McMahon, with Mr. McMahon, Mr. Richard L. Hill and Mr. Joseph E. Kernan present. Deputy City Attorney Terry A. Crone was also present. AGENDA ITEM ADDED Mr. McMahon noted receipt of the recommendation regarding gasoline and fuel oil bids, and he made a motion that the item be added to the agenda after the adoption of the Board resolutions. Mr. Hill seconded the motion and it carried. MINUTES OF PREVIOUS MEETING APPROVED Mr. McMahon reported that the minutes of the regular meeting held on January 21, 1980, had been reviewed, and he made a motion that the minutes be approved as submitted. Mr. Hill seconded the motion and it carried.. OPENING OF BIDS - POLICE VEHICLES This was the date set for receiving bids for six detective vehicles and thirty -five patrol vehicles. 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 bids were opened and publicly read: Basney Ford of South Bend, Inc. 1980 Ford Fairmont, 2 -door Sedan (Detective cars) $5,209.45 Alternate Bids: 1980 Ford Granada, 2 -door Sedan (Detective cars) $5,655.96 1980 Ford LTD "S ", 4 -door Sedan (Patrol cars) $6,621.41 Don Medow Motors, Inc. 1980 A.M.C. Concord, 2 -door Sedan (Detective cars) $5,432.17 Gates Chevrolet Corporation 1980 Malibu, 2 -door Sedan (Detective cars) $5,693.97 323 Bid was signed by James A. Basney, non - collusion affidavit was in order, and a 10% bid bond was submitted. Bid was signed by Jamed E. Kizer, non - collusion affidavit was in order, and a 10% bid bond was submitted. Bid was signed by Denis J. Suh, non - collusion affidavit was in order, and a 10% bid bond was submitted. 1980 Malibu, 4 -door Sedan (Patrol cars) $6,528.02 Note: Rustproofing at $80.00 each Harold Medow, Inc. Bid was signed by Richard G. Widmar, 1980 Dodge Aspen or 1980 non - collusion affidavit was in Plymouth Volare, 2 -door order, and a 10% bid bond was Sedan (Detective cars) submitted. $5,156.60 REGULAR MEETING 1980 Dodge Aspen or 1980 Plymouth Volare, 4 -door Sedan (Patrol cars) $5,941.72 Note: Undercoating at $25.00 each Manuals - Repair (3) at $15.00 Parts (2) at $75.00 JANUARY 28. 1980 Deputy City Attorney Terry Crone indicated that the bid received from Gurley -Leep Buick, Inc., contained no bid security, and Mr. McMahon made a motion to reject the bid on that basis, seconded by Mr. Kernan and carried. Mr. McMahon then made a motion to refer the bids to the Police Chief and Controller's Office for review and recommendation, seconded by Mr. Hill and carried. VACATION RESOLUTION NO. 3485 - CONFIRMED Mr. McMahon indicated that the public hearing on the proposed vacation by the South Bend Medical Foundation had been continued to this date in order for the Board members to take a tour of the area in question. Filed with the Board were five letters in opposition to the alley vacation from Irene Gergacz, 216 W. Madison Street, Helen M. Nelson, 125 West Marion Street, Velma Walter, 125 West Marion Street, Mrs. Ralph Eades, 125 West Marion Street and Sharon Spartz, 506 North Lafayette. Mr. McMahon made a motion to file the remonstrances, seconded by Mr. Hill and carried. Mrs. Janet Allen, 125 West Marion Street, also opposed the alley vacation, and Councilman Joseph T. Serge objected on behalf of the residents in the area. Ruth Geran, representing the Northwest Area Neighborhood Association, also spoke in opposition to the vacation. Mr. Edward Kalamaros, with law offices in the Tower Building, indicated that he was representing the petitioner in the proposed vacation proceedings, the South Bend Medical Foundation. In reference to the letters which were filed, and the reference to the Mar -Main parking lot, Mr. Kalamaros indicated that the parking lot utilized by the apartments is totally surrounded by a cyclone fence that abuts the area in question. There was no exit to that area involving that particular parking lot. Ms. Ann Helmen, Circle of Mercy Day Care Center, objected to the closing saying that the parents of the children at the center utilized the alley for dropping off their children, and she felt the closing would inconvenience the patrons of the center. Mr. Hill indicated that, in the Board's tour of the area, they had questioned how the day care center used the alley. Ms. Helmen indicated that there was a great deal of traffic in the alley and both alleys were constantly being utilized. Mr. Hill asked if people drove across Lafayette to the alley, and Ms. Helmen indicated that they did. Mr. Hill indicated that they would be restricted from going south only. Mr. Kalamaros presented a map to the Board outlining the dedicated alley and the proposed alleys to be vacated in order to get a more clear view of what was being proposed and how it would affect the residents in the area. Mrs. Joseph Stratigos, 527 N. Lafayette Boulevard, indicated that she lived across the street from the Foundation and she opposed the vacation because of the numerous times she and her family used the alley to reach their home. She stressed that it was a gas saver and a time saver for her family. Mr. Patrick Brennan, 215 West Marion Street, presented a map illustrating the alleys, and Mr. McMahon pointed out that the dedicated alley was not shown on the map which he felt would help to ease some of the inconvenience the area residents felt they would be faced with. Mr. Hill also pointed out that there would be two access points from Lafayette. Mrs. Stratigos felt there was a great deal of traffic on Lafayette, and the dedicated alley which Mr. McMahon referred to would be directly across from and in front of her home. Mr. Kalamaros indicated that the area in question would be beautified and landscaped and he tried to assure Mrs. Stratigos of this. He thought the dedicated alley would be I� LJ REGULAR MEETING JANUARY 28, 1980 across from the doctor's office more so than directly in front of her home. He indicated that the Foundation would have no objection to the residents using the parking lot and driveways for access. Mrs. Margaret Martin, 525 North Main, wondered if the traffic using the alley could be metered to see just how much use it is given. Mr. McMahon indicated that the Board must look at how much traffic there is in the area to service the properties. He explained that the alleys are there to service adjacent property owners, and concern has been expressed by the general public as to the use of the alley. He indicated that he had more of a concern for the individual property owners on that block and access to Mrs. Martin's property. He felt the dedicated alley would help in that respect and that had been a condition should the vacation be approved. Mrs. Allen talked about the many large trucks trying to turn from the alley and having to end up going around the block because of the narrowness. Mr. McMahon talked about the traffic on the next block and indicated that if a problem developed there, there would be efforts to resolve it. Mrs. Allen mentioned the landscaping, and Mr. McMahon indicated that the landscaping was required as a condition for the rezoning which had already been approved by the Area Plan Commission and Common Council. Mr. Hill expressed concern for Mrs. Martin and indicated that the dedicated easement would provide her necessary access. He indicated that access would be lost from the north to the south; however, the alley vacation would not modify the rezoning which had already taken place. He stated that Mr. Brennan may be slightly inconvenienced by having to drive a half block further; however, the rezoning for the Foundation had been approved and now a solution to the traffic must be settled, and he felt this was the best approach. He concluded that a refusal at this point would not resolve the problem. Mr. Kernan indicated that there would be additional parking provided by the Foundation so that on- street parking could be alleviated. Regarding the designation of the Park Avenue Neighborhood Association, which had been discussed at the last meeting, he stressed that the Board was concerned about that status but felt the point, at this stage of the game, would not adversely affect that designation but would be the best approach to handling the matter. Mr. Marchmont Kovas, 608 Park Avenue, indicated that the Park Avenue Neighborhood Association had protested the five story building proposal also, but the rezoning had been approved. He, too, asked about landscaping, and Mr. Kernan indicated that the area facing the west would be landscaped. Mr. McMahon again stated that the landscaping was a condition of the rezoning already approved. Upon motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the Board confirmed the Vacation Resolution. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, preparation of the Assessment Roll was ordered. PETITION FOR RESTRICTED RESIDENTIAL PARKING A petition was received by the Board signed by 39 residents in the area of the 500 and 600 block of North Lafayette and the 300.and 400 block of West Navarre Street, requesting the establishment of restricted parking in that area. Councilman Joseph T. Serge felt the Board should conduct a survey of the area, and he indicated that the residents had been hopeful the parking problem would be alleviated when the hospital's parking garage had been constructed; however, patrons and employees still continued to park along the streets thereby prohibiting the property owners from parking in front of their own homes. There was a brief discussion on the stipulations contained in the recently adopted ordinance of the Common Council allowing for the parking restriction designation in those neighborhoods petitioning for it. It was indicated that, at this point, it would be difficult to ascertain just how much 326 REGULAR MEETING JANUARY 28, 1980 would be involved in a study and research of the matter. It was pointed out that this was the first petition received for the residential parking restriction. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the petition was filed and referred to the Bureau of Traffic and Lighting for a study to be conducted in conjunction with the ordinance. Councilman Joseph T. Serge asked about the removal of stop signs on Angela Boulevard which had been previously approved by the Board. He stated that they had not as yet been removed. Mr. McMahon indicated that the Board had received some response to the removal of the stop signs, and a traffic signal at both ends of the bridge was being considered in an effort to take care of the problem. APPROVAL OF CONTRACT NORTHWEST INDIANA TOXICOLOGY LABORATORY. INC. It was indicated that the agreement with the Northwest Indiana Criminal and Toxicology Laboratory, Inc. was for a period running from January 1, 1980, through December 31, 1980 and was in the amount of $15,000 to be paid in quarterly payments. The services to be provided by the laboratory included complete toxicological laboratory services; tissue, blood and body fluid analysis; analysis and identification of suspected illicit preparations and compounds; analysis of firearms; preparation of written reports on analysis results and providing court testimony with respect to the analysis results. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried,the contract was approved. RESOLUTION NO. 2 -1980 TABLED RENEWAL OF SCRAP DEALERS' LICENSES A resolution that would authorize the renewal of scrap dealers' licenses was presented to the Board. Mr. McMahon requested the inspectors from the Fire Prevention Bureau and the Environmental Protection Office to come before the Board at its next meeting to discuss the applications prior to the Board taking action on the renewals. He stated that, even though the applications were approved just recently, there may have been problems during the past dealing with code violations which he felt the Board should be aware of. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the resolution was tabled until the February 4th meeting of the Board. Mr. Hill indicated that the residents in the area should be given opportunity to speak concerning the scrap dealers and junk yards, and Mr. McMahon indicated that the Council would act upon the Board's recommendation and an opportunity for a public hearing would be heard and come before that body at that time. ADOPTION OF RESOLUTION NO. 3 -1980 - CHICAGO SOUTH SHORE AND SOUTH BEND RAILROAD RESOLUTION NO. 3 -1980 Whereas, the Board of Public Works of the City of South Bend (City) and Chicago South Shore and South Bend Railroad (South Shore) have entered into a Land Exchange Agreement dated November 6, 1978, and Whereas, South Shore has executed and delivered a Quit Claim Deed to right of way between LaPorte Avenue and West Colfax Avenue in the City of South Bend, dated December 14, 1978, to City as provided for in the Land Exchange Agreement, and Whereas, the parties have determined the location of the 21 foot wide railroad easement in Bendix Drive from a point approxi- mately 200 feet south of the centerline of Prast Boulevard northward to the south side of Lincoln Way West Crossing, a distance of approximately 1900 feet, in the City of South Bend, for the future relocation of South Shore, and Whereas, the Board of Public Works of the City of South Bend, desires to repave and install new curbs and gutters along Bendix REGULAR MEETING NJ JANUARY 28. 1980 Drive between Westmoor Street and Ardmore Trail, and Whereas, the Chicago South Shore and South Bend Railroad desires to relocate its railroad track from the traveled right - of -way of Bendix Drive to a right -of -way 21 feet in width along the east side of said street extending from a point approximately 200 feet south of Prast Boulevard to Lincoln Way West, and Whereas, it will be necessary for the Chicago South Shore and South Bend Railroad to reconstruct its track crossings across Prast Boulevard, Hartzer Street, Bonds Avenue, Green Street and Ardmore Trail. Now, Therefore, Be It Resolved that the Board of Public Works of the City of South Bend, hereby grants its written permission to the Chicago South Shore and South Bend Railroad to construct new track crossings across Prast Boulevard, Hartzer Street, Bonds. Avenue, Green Street and Ardmore Trail, in the City of South Bend, Indiana as closed track crossings in a right -of -way 21 feet in width along the east side of Bendix Drive from a point of approximately 200 feet south of Prast Boulevard to a point at the intersection of Lincoln Way West and Bendix Drive. Adopted this 28th day of January, 1980. BOARD OF PUBLIC WORKS s/ Patrick M. McMahon s/ Richard L. Hill s/ Joseph E. Kernan Mr. McMahon indicated that the South Shore has abandoned certain right -of -way in the past so that the city could use it for public purposes. The city then grants an easement to the railroad. In this case, the railroad had agreed to relocate tracks to the side so that the street could be reconstructed. Mr. McMahon indicated that this would be the second resolution in that regard, and, if approved,-it would be attached to the ordinance to be considered by the Common Council. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, Resolution No. 3 -1980 was adopted. BID AWARDED - GASOLINE AND FUEL OIL Mr. McMahon indicated that the following bids had been recommended for award: nenco Oil Tank Wagon Tank Wagon Tank Wagon Transport Tank Wagon Transport - Regular - Unleaded - No. 1 Diesel No. 1 Diesel - No. 2 Diesel No. 2 Diesel $.824/gal. $.862/gal. $.856/gal. $.816 /gal. $.806 /gal. $.766/gal. Pierceton Equipment Company No. 4 Diesel Fuel $.6003 /gal 70,000 gal. as required 2,500 gal. 14,000 gal. 30,000 gal. 213,500 gal. 200,000 gal. or less Mr. McMahon indicated that no bids were received for transport oil and was a serious problem which faced the City of South Bend. He indicated that the city was negotiating with its supplier, Smith Petroleum, to provide the city with its allocation, and he stated that this was a result of .the Federal Allocation Program. During the base period which ran from November, 1977, to October of 1978, the City was supplied gasoline by Amoco Oil Company (November, December of 1978) and Smith Petroleum (January through October, 1978) He indicated that this overlapped two fiscal periods for the City of South Bend and the same two suppliers are responsible for the city's allocation in the same ratio as was supplied during the base period. Mr. Kernan indicated that the above bids included taxes, and Mr. McMahon indicated that the city was exempt from the 4% tax but did pay the 8% State Road Tax. Mr. Kernan indicated that the price had increased by nine cents per gallon just since the flm REGULAR MEETING time of receiving the seconded by Mr. Kerna as recommended. JANUARY 28, 1980 bids. Upon a motion made by Mr. McMahon, n and carried, the Board awarded the bids APPROVED REQUEST TO ADVERTISE FOR BIDS - JANITORIAL SERVICES. POLICE DEPARTMENT Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the request to advertise for bids for janitorial services at the Police Department was approved. It was indicated that bids would be received and opened by the Board at its meeting on February 11, 1980. APPROVE REQUEST FOR 10TH ANNUAL ST. JOSEPH RIVER RUN - MICHIANA WATERSHED A request was received by the Board for the 10th Annual St. Joseph River Run, the canoe rac which is traditionally held every year which would again run 13 miles from Veterans and Leeper Park to the French Paper Company Dam in Niles, Michigan. The race was proposed to be held on Saturday, May 10, 1980. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the request: was approved subject to the filing of the appropriate Certificate of Insurance, and was also referred to the Park Department for its review. PETITION TO VACATE ALLEY - EAST -WEST ALLEY NORTH OF WESTERN AVENUE; Mr. McMahon indicated that Frank Bilello, 3801 Western Avenue, was petitioning for the vacation of the first 14' east -west alley north of Western Avenue, running West from Illinois to the east line of the intersection of the North -South alley for a distance of 129', LaSalle Park, 2nd Subdivision. Upon motion made by Per. McMahon, seconded by Mr. Hill and carried, the petition was referred to the Engineering Department, the Area Plan Commission and Community Development for review. FILING OF REPORTS AND ADOPTION OF VACATION RESOLUTION NO. 3486 - IRELAND WOODS SUBDIVISION. SECTION 1 VACATION RESOLUTION NO. 3486, 1980 RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, That it is desirable to vacate the following: A 15' easement, being TV (Measured at right angles) on either side of the Easterly line of Lot 6 (being also the Westerly line of Lot 5) as shown on the recorded Plat of Ireland Woods Subdivision, Section One as recorded.in the Office of the Recorder of St. Joseph County, Indiana and being document numbered 7709157. Said 15' easement extends from the Southeasterly right -of -way line of Galway Drive along said property line, which bears South 360- 34' -17" East, to the Northerly line of a fifteen foot drainage and utility easement located along the Southerly lines of said Lots 5 and 6. 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. 1 �1 FSMIW IMAM REGULAR MEETING JANUARY 28, 1980 The following property may be injuriously or beneficially affected by such vacation: Lots 5 & 6, Ireland Woods Subdivision, Section One Notice of this Resolution shall be published on the lst & 8th day of February, 1980, in the South Bend Tribune and in the Tri- County News. This Board, at its office, on the 18th day of February, 1980, at 9:30 o'clock, A.M., will hear and receive remonstrances from all persons interested in or affected by these proceedings. Adopted this 28th day of January, 1980. BOARD OF PUBLIC WORKS s/ Patrick M. McMahon s/ Richard L. Hill s/ Joseph E. Kernan ATTEST: s/ Barbara J. Byers, Clerk Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the Board filed the reports, adopted the above Resolution and set a public hearing on the Resolution for February 18, 1980. It was noted that the following utilities had no objection to the proposed vacation: Indiana & Michigan Electric Company Indiana Cablevision Corporation Indiana Bell Telephone Company Northern Indiana Public Service Company APPROVAL OF TRAFFIC CONTROL DEVICE Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, submitted to the Board the following recommendation for traffic control: Install handicapped parking - West side of 900 South Franklin, first two spaces south of Sample. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the recommendation was approved. APPROVAL OF STREET LIGHT RECOMMENDATIONS Mr. Joe Pluta, Assistant Manager of the Bureau of Traffic and Lighting, submitted to the Board the following recommendations for the removal and installation of street lights: Remove: Two lights on Sample east of Lafayette Four lingts on Bendix Drive between Washington and Bertrand Install: Two lights on Sample east of Lafayette Four lights on Bendix Drive between Washington and Bertrand Type to be installed: 20,000L MV OH WP 20 , OOOL MV OH WP BE REGULAR MEETING JANUARY 28, 1980 Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the recommendations were approved. APPROVAL OF HANDICAPPED PARKING PERMIT Upon motion made by Mr. McMahon, seconded by Mr. Hill and carried, the following permit was approved and referred to the Controller's Office for issuance: Charles David Edwards (renewal) 522 Preston Drive South Bend, Indiana AGREEMENT - FARGO COMPANY The agreement was referred to the Board for approval based on the priorities recommended by the Private Industry Council of the South Bend CETA program. It was indicated that the Fargo Company had been selected to conduct a feasibility study for South Bend and St. Joseph County on the matter of a CETA Consortium. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the agreement was referred to the Legal Department for review and recommendation. APPROVAL OF CETA SUBGRANT MODIFICATIONS The Board received a request for approval of Modification No. 1 to the agreement with Hansel Neighborhood Center, Inc. for the addition of a job description and statement of work /training for two Neighborhood Agent positions; providing an extra $13,470 for funding two positions; and changed complaint procedure. All other provisions, assurances and program narrative from the initial agreement remained unchanged. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, approval was granted. The Board received a request for approval of Modification No. 2 to the agreement with the American Heart Association for the addition of a position title, Secretary to Fund Raising Co- ordinator; the incorporation of an Agency Training Plan designed specifically for the position; and changed agreement number from 80 -910 to 80 -553. All other provisions of the existing agreement remained unchanged. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, approval was granted. There was a brief discussion on Board subgrant modifications and agreements not involved, and Mr. Elroy Kelzenberg instances, an agency could not put the payroll even though his office tried t agency payroll. APPROVAL OF CLAIMS approval of the CETA if dollar figures were explained that, in some CETA worker on its own o put these people on the Chief Deputy City Controller Michael L. Vance submitted to the Board Claim Docket Numbers 937 to 1,590 and recommended approval. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the claims were approved and the report filed. C �J REGULAR MEETING STREET LIGHT OUTAGE REPORT JANUARY 28, 1980 The report indicated 100 outages from the period November 21, 1979, through January 22, 1980. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the report was ordered filed. Mrs. Janet Allen, 125 West Marion Street, reported a light out in the 100 block of West Marion on the north side of the street. She indicated that it had been reported numerous times, and she wondered if there was a problem with that particular light. Mr. McMahon indicated that the Board would check into the matter and report in to I & M's attention. There being no further business to come before the Board, upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the meeting adjourned at 10:50 a.m. atrick M. TTcMa n, resident ATTEST: Barbara J. Byer g, Cle 331