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HomeMy WebLinkAbout01/23/1978 Board of Public Works Minutes15 REGULAR MEETING JANUARY 23, 1978 A regular meeting of the Board of Public Works was convened at 9:30 a.m. on Monday, January 23, 1978 by President Patrick McMahon with Mr. McMahon, Mr. Brunner and Mr. Mullen present. Deputy City Attorney Terry Crone was also present. AGENDA ITEM ADDED - REPORT ON 816 S. PHILLIPA STREET Mr. McMahon made a motion that the property at 816 S. Phillipa Street be added to the agenda in order to allow City Attorney Thomas J. Brunner, Jr. and Councilman Richard Dombrowski to report to the Board on the condition of the property. Mr. Mullen seconded the motion and it carried. Mr. Brunner advised the Board that he and Councilman Dombrowski made an inspection of the property at 816 S. Phillipa, owned by Albert G. Mickelson, this morning. There has been no attempt made by the owner to comply with the consent decree he entered into with the City on September 23, 1977. That consent decree provided that all trucks, trailers and paraphernalia related to the business conducted on the premises would be removed by January 16, 1978. Mr. Mickelson has not complied with the consent decree. Mr. Brunner said it is now the intention of the City to file a rule to show cause why Mr. Mickelson should not be found in contempt of court and the City hopes that a hearing on the rule can be scheduled for this week. Councilman Dombrowski stated that January 16 was the date Mr. Mickelson was to vacate the property and he has received numerous calls from residents of the area who are aware that Mr. Mickelson has not done so. He noted that the inspection this morning indicated 20 trucks, 18 trailers, 21 trash bins and other miscellaneous equipment is strewn about the property. Still on the lot are weeds, truck parts, cement, metal objects and debris which was there over a year ago. Mr. Dombrowski noted that he has worked with Mr. Brunner and Georgia Luks of the Legal Department on this matter and understands that it takes time to get court action but he urged the Board to take whatever steps are necessary to get compliance from Mr. Mickelson. Mr. Brunner said he considered this to be a flagrant and blatant attempt by Mr. Mickelson to circumvent the consent decree and said the City will take positive action to see that the issue is cleared up within one week. Mr. McMahon said the Board notes the report of the Legal Department to seek corrective action in this matter and asked that a report be made next week. OPENING OF BIDS - POLICE DEPARTMENT VEHICLES This was the date set for receiving bids for vehicles for the Police Department. The Clerk tendered proofs of publication of notice in the South Bend Tribune and Tri- County News which were found to be sufficient. The following bids were opened and publicly read: Don Medow Motors, Inc. Bid was signed by Donald B. Medow, non - collusion affidavit was in order and a 10% bid bond was submitted. Thirty 1978 Pontiac Phoenix four -door sedans (patrol division) Unit Price - $5,174.62 - $155,238.60 Trade ins 50,100.00 - Net $105,138.60 Twelve Pontiac Phoenix four -.door sedans (detective bureau) Unit Price - $4,825.20 - $57,902.40 Trade -ins 9,075.00 - Net $48,827.40 Thirty 1978 Pontiac Catalina four -door sedans (patrol division) Unit Price - $5,784.34 - $173,530.20 Trade ins 50,100.00 - Net $123,430.20 Twelve AMC Matador four -door sedans (detective bureau) Unit Price - $4,723.23 - $56,679.96 Trade -ins 9,075.00 - Net $47,604.96 16 REGULAR MEETING JANUARY 23, 1978 Basney Ford of South Bend Bid was signed by Milt Dabagia, non - collusion affidavit was in order and a 10% bid bond was submitted. Thirty 1978 Ford LTD II Four -door sedans (Patrol Division) Unit Price - $5,332.95 - $115,988.50 Trade -ins 49,050.00 - Net - $110,938.50 Twelve 1978 Ford LTD II four -door sedans (Detective Bureau) Unit Price - $4,979.76 - $59,757.12 Trade -ins 12,500.00 - Net - $47,257.12 Mr. McMahon noted that Gates Chevrolet Company came in with a bid after the 9 :30 a.m. deadline. Bids were to be received before 9:30 a.m. today and a notice to that effect was included with the bid invitation. The Board set this policy and has adhered to it in the past and has not accepted bids received after the stated deadline. For that reason, the bid of the Gates Chevrolet Company could not be opened. Mr. McMahon made a motion that the bids be referred to the Police Department and the Bureau of Vehicle Maintenance for review and recommendation. Mr. Brunner seconded the motion and it carried. FILING OF REPORT - CHARITABLE SOLICITATIONS COMMISSION The report of the Charitable Solicitations Commission for 1976 and 1977 was submitted to the Board by Edwin T. Smith, Chairman of the Commission. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the report was ordered filed and the Board directed that a letter of thanks be sent to Mr. Smith. CHANGE ORDER NO. 4 APPROVED MODEL CITIES SEWER Change Order No. 4 in the Model Cities Sewer Project with Loitz Brothers Construction Company was submitted to the Board. The Change Order is an increase of $76,288.00 and is to cover reconstruction of Johnson Street and Fassnacht Street. The total contract price is $2,449,099.69. Mr. McMahon noted that the total amount of sewer work is now known and change orders will be used to cover work on repair of the streets in the area, giving attention to those in the worst condition. Mr. McMahon made a motion that the Change Order be approved. Mr, Mullen seconded the motion and it carried. REPORT ON PETITION OF GURLEY LEEP TO VACATE EAST -WEST ALLEY The Department of Engineering reported that it had reviewed the petition of Gurley -Leep ffuick to vacate the east -west alley between Wayne and Jefferson Streets, running west from Lafayette to the first north -south alley. The Depart - ment has no objection to the vacation subject to utility easements. However, the report of the Fire Department indicated that they recommend the alley not be vacated because the alley space affords an effective separation between two fairly high hazard occupancies and would be extremely useful in fire fighting operations involving buildings on either side of the alley. Mr. McMahon made a motion that this matter be tabled until the Board receives a report from the Fire Department and Gurley Leep regarding any resolution of this problem. Mr. Brunner seconded the motion and it carried. REPORT - PETITION TO VACATE RIGHT-OF -WAY ON MARION STREET The Department of Engineering reported that it had reviewed the proposed vacation of a portion of the north right -of -way of Marion Street 16.5 feet wide, running from Madison to Taylor and has no objection to the vacation subject to existing utility easements. Mr. McMahon noted that a house on this property is encroaching on the public right -of -way. In researching the records, it was found that a vacation petition was filed to correct this encroachment in 1916 but was never completed. The property owner now wishes to sell the property and cannot get clear title unless this right-of -way is vacated. It is anticipated that other property owners between Madison and Taylor will, at some time, petition for similar vacations. They have been notified of this action but have not contacted the Board at this time. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the report was filed and referred to the Area Plan Commission for review and recommendation. �L all REGULAR MEETING ADOPTION OF VACATION RESOLUTION NO. 3453 JANUARY 23, 1978 Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the following resolution was adopted: VACATION RESOLUTION NO. 3453 RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, That it is desirable to vacate the following: the east -west alley between Calvert Street and Delaware Street, running west from the west right -of -way line of Carlisle.Street to the east right -of -way line of Phillipa'Street, not including the intersection with the north -south alley, all located within Highland Park 2nd Addition. 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: Lot Nos. 211 through 234, Highland Park 2nd Addition Notice of this Resolution shall be published on the 27th day of January and 3rd day of February, 1978 in the South Bend Tribune and in the Tri- County News. This Board, at its office, on the 13th day of February, 1978 at 9:30 o'clock A.M. will hear and receive remonstrances from all persons interested in or affected by these proceedings. Adopted this 23rd day of January, 1978. BOARD OF PUBLIC WORKS s/ Patrick M. McMahon s/ Thomas J. Brunner, Jr. s/ Peter H. Mullen ATTEST: s/ Patricia DeClercq, Clerk REQUEST TO PURCHASE CITY -OWNED LOT AT 216 E. MILTON STREET The Board received a request from James Fozo for information about the purchase of a city -owned lot at 216 E. Milton Street. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the request was filed and referred to the Park Department, Engineering Department and Redevelopment Department for review and a determination as to whether or not the lot should be retained for any purpose. SUB -GRANT AGREEMENT WITH INDIANA EMPLOYMENT SECURITY DIVISION APPROVED Elroy Kelzenberg, Director of Manpower and Training, submitted to the Board a Subgrant Agreement with the Indiana Employment Security Division in the amount of $21,740.00 The agreement provides onecfull -time employee at the employment office to provide client services. This is a mandatory subgrant and it was necessary to get approval from the Department of Labor. That approval has now been received. The subgrant was reviewed by Deputy City Attorney Charles Leone. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the agreement was approved. 1( im REGULAR MEETING JANUARY 23, 1978 STREET LIGHT RECOMMENDATIONS APPROVED Joseph Pluta, Assistant Manager of the Bureau of Traffic and Lighting, recommended the following: Installation of a 50,000L MV midblock light at 100 E. Washington Removal of a 7,000L MV at 100 E. Oakside. Total increase - $9.98 per month Upon motion made bylMr. McMahon, seconded by Mr. Brunner and carried, the recommendation was (approved. TRAFFIC CONTROL DEVICES APPROVED Ralph J. Wadzinski,IManager of the Bureau of Traffic and Lighting, recommended the following traffic control devices: A. Revise yield sign to stop sign on southwest corner of Calhoun at Fremont. The north approach is currently controlled by a stop sign and foliage on the property has reduced sight distances. Upon motion made by Mr. McMahon, seconded by Mr.'Mullen and carried, the recommendation was approved. B. Install No Parking, Standing or Stopping, Tow Zone, on Beale Street at the driveways to Brown Middle School and the approaches to Cushing Street. At the request of the school because areas are continuously blocked by parents picking up their children. School buses are also blocked at the driveways. This will still allow an area for parents to pick up children. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the recommendation was approved. C. Installation of Stop Sign on Irvington at Woodmont at an uncontrolled tee intersection. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the recommendation was approved. REQUEST TO REMOVE PARKING ON WEST POLAND STREET RESCINDED The following report was filed with the Board regarding a study made of a request to remove parking from the 1300 block West Poland Street and petitions from residents asking that parking be retained: "This Bureau has plotted the recent petitions for retaining parking on both sides of 1300 W. Poland and find that 24 of the 27 homes are represented. On -site investigations at varied times of day revealed: vehicles parked part way on sidewalk, vehicles parked on wrong side of street, vehicles parking too close to and infringing on alleys and the fire hydrant,. and vehicles parking too close to the intersection It is recommended that: A. The Department of Public Works be notified about the vehicles parking on the sidewalks reference future sidewalk condition complaints. B. Police Department be notified of illegally parked vehicles. C. This Bureau will install, as per State law, the standard parking restrictions in advance of intersection (20' exit side, 30' entrance side) and 15' each side of the fire hydrant and by traffic engineering practices, 5' minimum each side of alley entrances. 'i1 19 REGULAR MEETING JANUARY 23, 1978 Since none of the recommendations require the Board's action, it is suggested that this report, which has been discussed with the original petitioner, be filed. s/ Ralph J. Wadzinski, Manager Bureau of Traffic and Lighting. Mr. McMahon noted that he has talked with Councilman Kopczynski, who submitted the original request for removal of parking, and that request has now been rescinded. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the report of the Bureau of Traffic and Lighting was filed and the request to remove parking in the 1300 block West Poland Street was rescinded. SIGNING OF TITLE SHEET - KENSINGTON FARMS, SECTION FOUR, PART 2B The Bureau of Design and Administration submitted to the Board a title sheet for Kensington Farms, Section Four, Part 2B. Mr. McMahon noted that this was a private development and has been approved by the Area Plan Commission. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the title sheet approving the plans was approved. STREET DEPARTMENT CLEAN -UP CREW REPORT FILED The report of the Environmental Clean -up Crew for December, 1977 was submitted to the Board. The report indicated seven properties cleaned, two environmental complaints serviced and the balance of the time spent on snow control, including plowing of city -owned lots and the cleaning of crosswalks in the downtown area. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the report was filed. BOND RELEASED - PHILLIP F. ALBERT Ray S. Andrysiak and Thomas Niemier of the Engineering Department reported to the Board that a request to release the contractor's bond of Phillip Albert has been reviewed. There are no outstanding claims or permits against this contractor and release is recommended. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board released the bond, effective January 23, 1978• CLAIMS APPROVED Michael L. Vance, Deputy City Controller, submitted to the Board Claim Docket Numbers 454 through 1212 and recommended their approval. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Board approved Claim Docket Numbers 454 through 1212 and directed that checks for payment be issued. STREET LIGHT OUTAGE REPORT FILED The Street Light Outage Report for the period December 12 through 19 was received. The report indicated fifty -seven outages. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the report was ordered filed. There being no by Mr. McMahon, at 10:17 a.m. ATTEST: Patricia DeClercq, Clerk further business to come before the Board, upon motion made seconded by Mr. Brunner and carried, the meeting adjourned