Loading...
HomeMy WebLinkAbout02/04/1980 Board of Public Works Minutes332 REGULAR MEETING FEBRUARY 4, 1980 A regular meeting of the Board of Public Works was convened at 9:30 a.m. on Monday, February 4, 1980, by President Patrick M. McMahon, with Mr. McMahon and Mr. Richard L. Hill present. Deputy City Attorney Terry A. Crone was also present. MINUTES OF PREVIOUS MEETING APPROVED Upon a motion made by Mr. Hill, seconded by Mr. McMahon and carried, the minutes of the January 28, 1980, meeting of the Board were approved as submitted. PUBLIC HEARING ON ASSESSMENT ROLL - VACATION RESOLUTION NO. 3483 (EAST -WEST ALLEY SOUTH OF NAPIER) This being the date set, hearing was held on the Assessment Poll with respect to Vacation Resolution No. 3483 for the vacation of 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 & 39 of Knoblocks Sub. of B.O.L. 84 for a distance of 114'. 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 Assessment Roll lists $0.00 net benefits and $0.00 net damages to abutting property. No remonstrators were present and no written remonstrances were filed with the Board. Upon motion made by Mr. McMahon, seconded by Mr. Hill and carried, the Assessment Roll was approved and said resolution is in all things ratified and confirmed and said proceedings closed. NOTICE OF ASSIGNMENT OF POLICE VEHICLE NUMBER Police Chief Michael C. Borkowski advised the Board of the assign- ment of a city vehicle number to the recently donated automobile of Mayor Roger 0. Parent to S.O.S. The vehicle is described as a 1972 4 -door Pontiac Lemans and has been assigned Vehicle No. 733. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the notification was ordered filed. ADOPTION OF RESOLUTION NO. 2 -1980 - RENEWAL OF SCRAP DEALERS' LICENSES RESOLUTION NO. 2, 1980 WHEREAS, license renewal applications for scrap and junk dealers for the year 1980 have been received by the Board of Public Works; and WHEREAS, inspections of the properties have been completed by the Environmental Protection Office and the Fire Prevention Bureau as required by Ordinance No. 6621 -79; and WHEREAS, the Environmental Protection Office and the Fire Prevention Bureau have found that no code violations exist on the properties; and WHEREAS, Ordinance No. 6621 -79 required approval of a Resolution of the Board of Public Works authorizing the renewal of the license application. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend, Indiana, that the license renewal applications for the following scrap and junk dealers be approved based upon the favorable review of the properties by the Environmental Protection Office and the Fire Prevention Bureau: REGULAR MEETING Steve & Gene's Auto Truck Salvage 3109 South Gertrude Bremen Iron & Metal Co. 3113 South Gertrude South Bend Waste Paper Company 1519 South Franklin North Side Iron & Paper Co. 3123 South Gertrude Western Avenue Iron & Metal Co. 3123 South Gertrude Hurwich Iron Company, Inc. 2016 West Washington Hurwich Iron Company, Inc. 1610 Circle Avenue South Bend Baling & Iron Co. 1420 South Walnut Kowalski Bros. Auto Parts, Inc. 2014 South Lafayette EM FEBRUARY 4, 1980 Super Auto Salvage, Inc. 3300 South Main Albert Mickelson /Leonard Bush 1147 Prairie Avenue Albert Mickelson 307 West Calvert Indiana Iron & Metal 1602 South Lafayette Hurwich Iron Company, Inca 1700 South Lafayette Max Schneider Company, Inc. 429 West Indiana South Bend Iron & Metal Company 429 West Indiana South Bend Auto Parts 1819 South Main BE IT FURTHER RESOLVED, that this Resolution shall be subject to approval and ratification by the Common Council. Approved: February 4, 1980 BOARD OF PUBLIC WORKS s/ Patrick M. McMahon, President s/ Richard L. Hill ATTEST: s/ Barbara J. Byers, Clerk Mr. McMahon indicated that inspectors were present from the Fire Prevention Bureau and the Environmental Control Office, and he asked them if they had encountered any serious problems over the past year with the scrap dealers regarding compliance with the city code. Mr. Ed Szymkowiak, Fire Prevention Bureau, indicated that he felt he had received good cooperation from all the dealers and, if any problems existed, he had found them corrected within a matter of a few weeks. Mr. John Gish, Environmental Protection Office, also indicated that he has received excellent cooperation from the dealers. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the resolution was adopted. HOUSE MOVE - 750 SOUTH OLIVE TO 222 SOUTH DUNDEE The Board received a request for a house move by Lykowski Construction Company of a house owned by Charlotte Bridges of 822 South Sheridan. The structure is a single -story wood /frame house presently located at 750 South Olive which would be moved to the lot directly south of 212 Dundee. The Certificate of Insurance was filed with the Board. Mr. James Markle, Building Commissioner, presented an unfavorable recommendation to the Board concerning the house move because the neighbors were upset about the architectural style of the home and the devaluation of their properties should the move take place. He indicated that he concluded that the architectural style of the home might have an adverse effect on the surrounding properties; however, he indicated that he could not comment on the property values of the surrounding homes. 334 REGULAR MEETING FEBRUARY 4, 1980 Mr. Thomas Walz, the attorney representing the surrounding property owners, presented a petition to the Board signed by the residents in the area opposing the house move. He stated that he was specifically representing Mr. and Mrs. Blake, 303 Camden who owned a house one block east of the property in question. He asked that the permit be denied. Deputy City Attorney Terry Crone indicated that the Board has the authority to hear evidence pertaining to the move and how the move may affect public health, safety and welfare of the area or if there would be phusical damage to streets, sidewalks or other properties. Mr. McMahon wondered if that only related to city streets or would it address the neighborhood itself. Mr. Crone felt the public health, safety and welfare could affect the move upon the neighborhood. Mr. Walz indicated that most of the homes were tri -level or bi- level. He concluded that the physical location of the lot and the proposed move would cause physical damage to the city streets and the neighborhood in general. Mr. McMahon felt that, in order to provide the petitioner an opportunity to respond to the question raised and to also provide the Board with the opportunity of taking a look at the neighborhood in question, the matter should be tabled until the next meeting of the Board. He so moved, seconded by Mr. Hill and carried. FILING OF ASSESSMENT ROLL - VACATION RESOLUTION NO. 3485 Patrick M. McMahon, P.E., Civil City Engineer, filed an Assessment Roll with respect to Vacation Resolution No. 3485 for the vacation of a 14' north -south alley between Main and Lafayette, starting at Navarre, thence south for a distance of 99'; and the 14' east -west alley between Navarre and Marion, starting at Lafayette; thence east for a distance of 165' to the intersection of the north -south alley. The following property may be injuriously or beneficially affected by such vacation: Lots 187, 188, 196, 197 and 198 in the Original Plat of South Bend. The Assessment Roll lists $0.00 net damages and $0.00 net benefits to the abutting properties. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the Assessment Roll was filed and set for public hearing on March 3, 1980. APPROVAL OF ESCROW AGREEMENT - FIRST BANK CENTER PROJECT The Board received an Escrow Agreement with H. G. Christman Company for the First Bank Center Project. The agreement provides that interest will be paid on retainage funds. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the agreement was approved. CHANGE ORDER NO. 2 APPROVED - FIRST BANK CENTER PROJECT - CONCRETE FOUNDATIONS The Board received Change Order No. 2 from Henry- Williams, Inc., for concrete foundation work on the First Bank Center Project, which change order increased the contract by $16,433.00 bringing the total for construction to $502.553.00. The change order was necessitated due to the costs involved in providing labor, equipment and material to complete the changes to the foundations of the First Bank Center. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the change order was approved. The Board received Change Order No. 2 from Thatcher Engineering Corporation for piling work on the First Bank Center Project, which change order increased the contract by $6,000.00 bringing the total for construction to $190,646.62. The change order was necessitated due to the cost of sheet piling along Colfax to protect the roadway and utilities under the sidewalk. Because of the I & M vault on Colfax, it was recommended that the sheet piling remain in place; however, the balance of the sheet piling along Colfax will be or has been removed. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the change order was approved. 1 3 REGULAR MEETING APPROVAL OF LEASE AGREEMENT - GATES -WAY LEASING FEBRUARY 4, 1980 A Lease Agreement was submitted to the Board for the lease of a 1977 Chevrolet Nova for the Bureau of Employment and Training. It was indicated that, although the lease format had been changed, the agreement was simply a renewal of the current lease which had been approved in 1978, at the lease rental of $100 per month. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the lease agreement was approved. APPROVAL OF CETA SUBGRANT MODIFICATION NO. 2 - HOUSING AUTHORITY A modification was submitted to the Board concerning the Subgrant Agreement with the South Bend Housing Authority which modified the budget by adding the amount of $24,147 to cover funding of four additional maintenance trainee positions and for the addition of the amount of $1,405 for agency costs. The program narrative was changed to reflect the addition of the four maintenance trainee positions and the deletion reference to the maintenance trainee activity as a project. All other assurances, program narrative and provisions covered in the initial Agreement in Modification No. 1 of the initial Agreement remained unchanged. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the modification was approved. APPROVAL OF OPEN AIR STAND - RIVER BEND PLAZA - PRETZEL PALACE An application of Robert N. DeGraff for an open air stand on River Bend Plaza was submitted to the Board. A Certificate of Insurance was in effect until June 27, 1980. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the application was approved subject to the following: License renewal is issued to May 1, 1980. Thereafter, the license can be renewed on a monthly basis as long as the area is available. The city reserves the right to cancel the license at any time upon two weeks' written notice to Mr. DeGraff. REQUEST TO HOLD ROAD RUN - BROOKS SHOE COMPANY A request to hold a road run on September 21, 1980, was referred by the Board, which road run was to be sponsored by the Brooks Shoe Company in cooperation with Senator Richard Lugar. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the request was referred to the Traffic Division of the Police Department and the Bureau of Traffic and Lighting for review and recommendation. FILING OF CORRESPONDENCE - NEAP. WEST SIDE NEIGHBORHOOD ORGANIZATION - ORANGE- COLFAX CONNECTOR CONSTRUCTION Mr. McMahon acknowledged Mr. Dennis Moran, President of the Near West Side Neighborhood Organization. Mr. Moran indicated that, at a recent meeting of the association, several residents had complained about the hazardous conditions in the neighborhood relating to the holes and mud in the streets. He indicated that there were also large ditches at the curbs which had never been taken care of after the removal of the trees. Mr. McMahon indicated that any amount of construction was an inconvenience to everyone, especially during the winter months. He stated that the contractor has been asked to weekly check the project and make any necessary and needed repairs. He 336 REGULAR MEETING FEBRUARY 4. 1980 stated that it was his understanding that the contractor would be on the site on Tuesday, and he asked that, if anyone had specific problems at designated locations, they should be referred to John Leszczynski and they would be discussed with the contractor. He indicated that, if future complaints arose, they should be reported to the Board early Monday mornings. In that way, they could be referred to the contractor immediately for proper action. Mr. Floyd Carter, Vice - President of the association, pointed out specific problems at Birdsell and at College. He wondered if the area could be hot - surfaced in an effort to solve the problem of mud in the area. Mr. Moran wondered why it had been so scheduled that the work started and stopped at that point. Mr. McMahon indicated that the bulk of the sewer work was done before the road construction. He explained that work of this nature usually always exceeded over one winter because of the extent of the work. Mr. LeszczynskiL indicated that the completion date was the end of August. Mr. McMahon stated that the state allowed contractors to work over the winter months; however, there could be no way of knowing whether or not the weather would be mild enough to continue construction. He stated that the contractor would follow through on the complaints received in an effort to resolve them, and he indicated that he took exception with Mr. Moran's letter and the comment therein that if the work had been done in some other area of the city, something would have been done to protect the citizens. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the correspondence was filed. FILING OF STATE HIGHWAY COMMISSION RESOLUTION - S.R. 23 AND IRONWOOD The resolution of the State Highway Commission established preferentiality at the intersection of S.R. 23 and Ironwood and was approved by the State on January 18, 1980. The inter- section is signalized and, in the event of need for a flashing operation of the signals, this signal shall flash red to all approaches. All traffic on all approaches shall stop before entering the intersection of S.R. 23 (South Bend Avenue) and Ironwood Avenue during the flashing operation of the traffic signal. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the resolution was filed. APPROVAL OF TRAFFIC CONTROL DEVICES Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, submitted to the Board the following recommendations for traffic control: Revise to all red emergency flash - S.R. 23 and Ironwood (in accordance with resolution of the State Highway Commission previously filed) Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the recommendation was approved. Install stop sign - Brookfield at Dunham Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the recommendation was approved. Install stop sign - Warren at Dunham Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the recommendation was approved. n 337 REGULAR MEETING Install stop sign - Phillipa at Dunham FEBRUARY 4, 1980 Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the recommendation was approved. Install stop sign - Parkview at Woodlawn Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the recommendation was approved. Install stop sign - Hollywood at Woodlawn Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the recommendation was approved. APPROVE REQUEST FOR MARATHON RACE_- INDIANA STATE BAR ASSOCIATION Mr. McMahon indicated that the State Bar Association was request- ing permission to hold a 5,000 meter race on April 26, 1980, to be held in conjunction with its annual spring meeting being held in South Bend, April 23 through April 26. He indicated that the Bureau of Traffic and Lighting and the Traffic Division concurred and recommended approval of the race. It was noted that extra manpower would need to be provided at North Side Boulevard and Sample Street which runs adjacent to the Farmers' Market. It was recommended that the race start no later than 9:00 a.m., with 8:00 a.m, a preferable starting time. The petitioner was requested to contact Captain James Sweitzer of the Traffic Division no less than 2 months in advance of the run date to arrange for necessary manpower. Mr. McMahon noted that the request of the Bar Associatio-a did not follow the Board's guidelines regarding the six month lead time needed for activities of this nature. 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. APPROVAL OF HANDICAPPED PARKING PERMIT Upon a 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: Edward W. Shelton 913 Leland Avenue South Bend, Indiana APPROVAL OF CLAIMS Chief Deputy Controller Michael L. Vance submitted to the Board Claim Docket Numbers 1591 through 1842 and recommended approval. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the claims were approved and the report filed. HEARING - DENIAL OF TAXI LICENSE - GEORGE STRATTON The Board had received the application of George Stratton, 1826 Silver Leaf Court, Mishawaka, Indiana, for a taxi cab license and had, at its meeting on January 21, 1980, denied the applica- tion upon the recommendation of City Controller Joseph E. Kernan. Mr. Stratton had been advised of the Board's decision and of his right for a hearing on the matter. He was present to answer the Board's questions. Mr. McMahon indicated that he had received a letter from Ms. Betty J. Mann, U. S. Probation Officer, who indicated that Mr. Stratton had cooperated fully with her office by keeping regular appointments and fulfilling all the required conditions of probation. She stated in her OR REGULAR MEETING FEBRUARY 4, 1980 letter that he was presently employed at Mishawaka Plating Company, but has found it necessary to seek a second job in order to support his family. She indicated that it was her impression that he has performed his job in a responsible and satisfactory manner. Mr. Stratton's extensive prior record was referred to by Ms. Mann, but she pointed out that the majority of the traffic offenses occurred prior to 1971. It was noted that Ms. Mann had been present at the start of the Board meeting but had been called back to her office. Deputy City Attorney Terry Crone indicated that the Board did not want to embarrass Mr. Stratton but felt it was necessary to question him concerning the several convictions listed on his application form. He stated that the most recent conviction was conspiracy for theft. He asked about the conviction, and Mr. Stratton indicated that he had purchased three television sets and re -sold them and had been under the impression that they were from a bankruptcy sale. He had been found guilty but had pleaded to the lesser charge. Mr. Crone asked about the reckless driving charge. Mr. Stratton indicated that he had not been operating the vehicle. Mr. Crone asked about any other traffic - related charges or offenses, and Mr. Stratton indicated that, in 1955, he had been convicted of involuntary manslaughter and had pleaded guilty to negligent homicide. The incident involved an automobile accident, and Mr. Stratton indicated that he had not been drinking but had gone through an amber light and hit a vehicle which was turning at that intersection. Mr. Crone asked about the armed robbery charge, and Mr. Stratton indicated that he had robbed a service station in Elkhart. He stated that he had not used a gun. Mr. Crone asked about the three counts of burglary, and Mr. Stratton indicated that he had been found guilty of all three counts. He admitted burglarizing three business establishments. Mr. Crone referred to the firearms violation, and Mr. Stratton explained that he had been operating a service station in Indianapolis and had been carrying a gun. He stated that he had not used it, but was hitchhiking one evening and was stopped by policemen and the gun was discovered. Mr. Crone asked if there were any other charges or convictions, and Mr. Stratton indicated that there were not. Mr. Hill indicated that the letter from Ms. Mann was very supportive of Mr. Stratton, and it appeared that he was performing well in his present employment. He stated that there were a number of serious offenses which involved the use of automobiles. He indicated that, although there was a period of time without additional offenses, the most recent offense occured in 1979, and he felt he would be somewhat reluctant to approve the taxi license in view of that. He stated that, although his probation officer felt Mr. Stratton would avoid future problems, he was hesitant to approve the license at this time. He asked Mr. Stratton to consider re- applying after some additional time had passed in light of his recent conviction. He felt he would like to see Mr. Stratton complete his period of probation, and he felt the Board should not grant the license at this time in view of that. Mr. Crone asked if Mr. Stratton had any comments to make on his behalf, and Mr. Stratton indicated that he did not. Upon a motion made by Mr. Hill, seconded by Mr. McMahon and carried, the application was denied. 1 REGULAR MEETING STREET LIGHT OUTAGE REPORT FEBRUARY 4. 1980 The report indicated 18 outages from the period January 22, 1980, through January 31, 1980. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the report was ordered filed. There being no further business to come before the Board, Mr. Hill made a motion to adjourn the meeting, seconded by Mr. McMahon and carried. The meeting adj�xned at 10:20 a.m. `Frick M. McMahon,- President Richard L. Hill ATTEST: 6 0-t 61-9-- Barbara J. Byers, Clerk 339