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HomeMy WebLinkAbout03/13/1978 Board of Public Works MinutesR- REGULAR 11EETING MARCH 13, 1978 A regular meeting of the Board of Public Works was convened at 9:30 a.m. on Monday, March 13, 1978 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. Mullen reported that the minutes of the March 6, 1978 meeting had been reviewed and he made a motion that the minutes be approved as submitted. Mr. Brunner seconded the motion and it carried. OPENING OF BIDS - SIGNALIZATION OF NORTH SHORE- MICHIGAN INTERSECTION This was the date set for receiving bids for the signalization of the intersection at North Shore and.Michigan. The Clerk tendered proofs of publication of notice.in the South Bend Tribune and in the Tri- County News, which were found.to.be sufficient. The following bids were opened and publicly read: Morse Electric Company South Bend, Indiana Bid - $46,928.50 Arrow Electric Company South Bend, Indiana Bid - $50,720.80 Bid was signed by Edward Morse, non - collusion affidavit was in order and a 5% bid bond was submitted. Bid was signed by Harold Markward, non - collusion affidavit was in order and a 5% bid bond was submitted. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the bids were referred to the Bureau of Traffic and Lighting for review and recommendation. ADOPTION OF RULES AND REGULATIONS CONCERNING SOLICITATIONS _Mr. Brunner advised the Board that, in view of new developments in the law regarding religious solicitations, brought to the attention of the City Attorney's Office, the Legal Department has drafted rules and regulations and guidelines for such exempt organizations. Deputy City Attorney Terry Crone said that the federal courts have consistently held that religious organizations which qualify for a tax exemption from the Internal Revenue Service are exempt from.the requirement for obtaining a permit or license to conduct charitable solicitations. In the past, the Unification Church has applied for a permit and the City has asked them for information concerning their religious status and whether or not the money collected is actually being used for religious purposes. Several recent federal court decisions indicate that the City can no longer require this but must take the certification from the Internal Revenue Service as.conclusive. Rules and Regulations have been drafted for solicitations by an exempt organization and are ready for the Board's action. The courts have said that the only thing the Board can do is adopt reasonable regulations but cannot otherwise interfere with first amendment rights. Mr. Crone then reviewed the Rules and Regulations and said the Board can adopt them and ask the Police Department to take a firm stand with respect to dealing with violations of the regulations. The question of such solicitation at shopping centers was discussed and it was pointed out that these centers are private property and the solicitors can be viewed as 45 REGULAR MEETING MARCH 13, 1978 trespassers if the private property owners do not wish such solicitation to take place on their property. Mr. Crone pointed out that some recent cases have found cities liable in considerable amounts of money for trying to enforce this type of ordinance against an exempt religious organization. Mr. Brunner noted that, in the City of Chicago, the Corporate Counsel and the Chief of Police were fined $18,000 in their individual capacities for not recognizing the recent case law which the courts have handed down on this subject. Mr. Brunner made a motion that the Rules and Regulations be adopted. Mr. Mullen seconded the motion and it carried. RULES AND REGULATIONS CONCERNING SOLICITATIONS BY EXEMPT ORGANIZATIONS. The South Bend Board of Public Works, pursuant to its authority to adopt reasonable rules and regulations concerning the usage of public property, hereby adopts the following rules and regulations for solicitation on public property by those groups which are exempted from the City of South Bend's Charitable Solicitation Ordinance. 1. The organization desiring to solicit on public Property within the City of South Bend shall provide the Board of Public Works with a list of those people who will be soliciting on behalf of the organization along with the addresses of these individuals prior to commencing their solicitation. 2. All individuals soliciting on behalf of an exempt organization shall wear an identification tag on their outer garment identifying their organization and their name. 3. All individuals soliciting for exempt organizations shall limit their solicitations to sidewalks and shall not enter streets or intersections or in any way interfere with vehicular or pedestrian traffic. 4. All individuals soliciting on behalf of exempt organizations shall not touch nor harass members of the public in attempting to solicit. 5. Exempt organizations to which these rules are applicable are those organizations which are not required to obtain a charitable solicitation permit pursuant to the South Bend Municipal Code because they have been determined by the federal government to be religious organizations. The adoption of these guidelines by the Board of Public Works shall in no way constitute an endorsement or approval of exempt organizations which wish to solicit on public property within the City of South Bend and shall in no way authorize those individuals to enter upon private property within the City of South Bend without permission from the property owner. AGENDA ITEMS ADDED Mr. McMahon reported that three items were received after the posting of the agenda. He made a motion that a recommendation for bid award for a cab, chassis and packer for the Solid Waste Department, the announcement of Neighborhood Clean -up Day and a request for a fund solicitation by the Knights of Columbus be added to the agenda. Mr. Brunner seconded the motion and it carried. REGULAR MEETING ADOPTION OF RESOLUTION NO. 2, 1978 MARCH 13, 1978 Mr. McMahon submitted to the Board a resolution regarding the proposed street improvements to Angela Hill from the intersection of Michigan Street to a point below the hill. He noted that the project will include improvement of the railroad crossing west of Michigan and will smooth the curve :somewhat:! and( relieve the :steepness of the hill. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the resolution was adopted: RESOLUTION NO. 2, 1978 WHEREAS, the Board of Public Works has found it necessary in the best interest of the public safety and welfare to construct certain street improvements at the Angela Hill Curve, and WHEREAS, the Board of Public Works has the authority to make such improvements as provided by Acts of the General Assembly, NOW, THEREFORE, BE IT RESOLVED: 1. That the Board of Public Works orders the Department of Public Works to prepare plans, specifications, cost estimates, secure the necessary right -of -way and easements, by the doing of all acts necessary and desirable to the acquisition by gift, purchase or condemnation. 2. Secure permits, appropriations and to construct certain street improvements at the Angela Hill curve. BOARD OF PUBLIC WORKS s/ Patrick M. McMahon s/ Thomas J. Brunner, Jr. s/ Peter H. Mullen ATTEST: s/• Patricia DeClercq, Clerk ADOPTED THIS 13TH DAY OF MARCH, 1978. APPROVAL OF CONTRACT FOR ENGINEERING - ANGELA HILL IMPROVEMENTS A contract with Kent Kaser and Associates for engineering services in connection with the reconstruction of Angela Boulevard from approximately 500 feet west of the centerline of U. S. 31 to a point approximately 200 feet west of the centerline of Lafayette Street was submitted to the Board. Mr'. McMahon noted that the contract was a standard engineering contract, in an amount not to exceed $12,000 and is subject to approval of the funding. It is estimated that the total cost of the improvement will be in excess of $160,000. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the contract with Kent Kaser and Associates for engineering services in connection with the reconstruction of Angela Boulevard was approved, subject to approval of the funding. 1 4`iq REGULAR MEETING MARCH 13, 1978 RECOMMENDATION FOR CITY CEMETERY ANNUAL CARE ACCOUNTS APPROVED City Controller Peter H. Mullen submitted a memorandum to the Board pointing out that there are some sixty accounts for annual care in City Cemetery. The accounts are billed each year for an amount of approximately $4.50. This is an unnecessary administrative procedure and Mr. Mullen recommended that these accounts be given the option of converting to Perpetual Care Accounts at this time, at a cost of $.40 per square foot instead of the usual $.75 per foot for perpetual care. This will put about ninety -eight per cent of the accounts at the cemetery on perpetual care. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the recommendation was approved. MUSCULAR DYSTROPHY BED RACE APPROVED Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, reported to the Board that he had reviewed the request of the Muscular Dystrophy Association to hold a Bed Race on May 6, 1978. Mr. Wadzinski reviewed the request with the Chamber of Commerce and others involved in Downtown Days and recommended that the Board approve the Bed Race, to be held on Jefferson Boulevard, from Main to St. Joseph Street, from 10:00 a.m. to 1:00 p.m., with the Suuergraphic block, from Jefferson to Washington to be used for the vehicles carrying the race vehicles and for an assembly point. Mr. Wadzinski recommended that the suggested rain date of May 13 be denied as that is the date of the St. Joseph River Run. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the recommendation to approve the Bed Race was accepted. ST. JOSEPH RIVER RUN APPROVED Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, reported to the Board that he had reviewed the request of the Michiana Watershed to hold the 8th Annual St. Joseph River Run on Saturday, May 13, 1978. The Police Department and Civil Defense Police concur that arrangements have been made and approval can be given. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the recommendation was approved, subject to the filing of insurance and the filing by participants of Waivers of Liability. STREET LIGHT RECOMMENDATION APPROVED J. J. Pluta, Assistant Manager of the Bureau of Traffic and Lighting, recommended removal of three 50,000L DIV street lights at Century Center at a reduction of $44.94 a month. Mr. McMahon reported that the permanent lights have now been installed. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the recommendation was approved. POPPY SALE APPROVED - AMERICAN LEGION AUXILIARY, UNIT NO. 284 The Board received a request from the American Legion Auxiliary, Bendix Unit No. 284 to approve the sale of veteran -made poppies on the public sidewalks on Friday and Saturday, May 19 and 20. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board approved the request. n_ • REGULAR MEETING TITLE SHEET APPROVED - COLFAX BRIDGE PROJECT MARCH 13, 1978 The Title Sheet approving the plans for the Colfax Bridge Project was submitted to the Board. Mr. McMahon advised the Board that this involves reconstruction of the Bridge and plans have been prepared by Cole Associates. The City had applied to the Economic Development Administration for funding for the project but the request was not approved. The City will continue to pursue sources of funding from federal, state and county funds. If funding is obtained,. the plans to proceed will be available. The total project cost is estimated at $900,000. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the title sheet was approved. RIVER BEND PLAZA REQUEST Mikki Dobski, River Bend Plaza coordinator, submitted to the Board a request to display an F -4 aircraft on River Bend Plaza in the Supergraphic Block from June 21 to 26, in cooperation . with the United States Air Force. The display will require the removal of parking in that block. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the request was referred to Mr. Paszli, Municipal Parking Director, and Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, for a review and recommendation on the required removal of parking. REPORT ON ALLEY BETWEEN CITY PARKING LOT AND JEFFERSON BLVD. John DeLee, Building Commissioner, reported to the Board that he has been advised by L. H. Garatoni, President of Centurion Fire and Safety Equipment Corporation, that arrangements have been made for a permanent repair so that no substance drains into the public alley adjacent to their building. A reinspection will be made to determine the progress of repairs. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the letter was filed and the Board requested a reinspection report from Mr. DeLee in thirty days. CLAI14S APPROVED Michael L. Vance, Deputy City Controller, submitted to the Board Claim Docket Numbers 3536 through 4249 and recommended that the claims be approved. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board approved Claim Docket Numbers 3536 through 4249 and directed that checks for payment be issued. STREET LIGHT OUTAGE REPORT FILED The Street Light Outage report for the period of March 2 through 8 was submitted to the Board. The report indicated eleven outages. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the report was filed and the Clerk was directed to request that the Police Department give additional attention to the reporting of street light outages. BID AWARDED - CAB, CHASSIS AND PACKER FOR SOLID WASTE DEPARTMENT John Stancati, Director of Utilities, submitted the following recommendation: "We recommend the International Harvester which meets all specifications ($30,668.00) with the recommended options .. 1 lJ REGULAR MEETING MARCH 13, 1978 International DT -466 turbocharged 6 cylinder in line sleeved type diesel engine 210 HP 487 ft lbs. torque at 1800 RPM, engine hour meter. Clutch fan not required to meet 83 DBA noise level. Engine has 100,000 mile, 3000 hour or two year warranty (- $300.00) We further recommend the Leach 18 Yd. Packmaster body which meets or exceeds all specifications furnished by Ries Equipment. ( $1,250.00). This includes the front mounted PTO. With these options, it is still the lowest bid with a net price of $31,618.00. if Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board approved the recommendation to accept the low bid of International Harvester of $31,618.00;, ANNOUNCEMENT OF APRIL 22 AS NEIGHBORHOOD CLEAN -UP DAY Patrick M. McMahon, Director of Public Works, reported to the Board that for the past several years the City has cooperated with neighborhood organizations in a Neighborhood Clean -Up Day. He announced the date of Saturday, April 22 for this year's clean -up and stressed that this must be done as a coordinated group effort, with the organization collecting the materials and providing the manpower to load the trucks. Guidelines for the clean -up were submitted to the Board. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the following guidelines were approved: GUIDELINES FOR NEIGHBORHOOD CLEAN -UP DAY 1. Saturday, April 22, 1978 has been designated as Neighborhood Clean -Up Day, with Saturday, April 29 as the rain date. 2. Clean -up will start at 8:00 a.m. 3. Participation must be through a neighborhood group or association. The group must be responsible for collecting the material and must provide the manpower to load materials on the trucks. , 4. The City of South Bend will provide the trucks for removal of the materials and will pay the fee for dumping at the landfill. 5. Trucks will pick up materials at designated locations in the neighborhoods as determined by the participating organization. Pick -up can be made on the street or in the alley. 6. Participating groups are asked to have manpower to meet the trucks at the time specified to direct the trucks to the pick -up sites. 7. Appliance pick -up will be made if possible, However, some appliance pick -un may have to be made on a follow -up day. 49 50 REGULAR MEETING MARCH 13, 1978 a REQUEST FOR KNIGHTS OF COLUMBUS FUND SOLICITATION APPROVED The Board received a request from Arthur Diamond, on behalf of the Knights of Columbus, to hold a Tootsie Roll Sale on April 7, 8 and 9 on downtown sidewalks. Proceeds of the sale are to go to Mental Health groups in St. Joseph County. Mr. Brunner suggested that, in light of the guidelines adopted today for exempt groups soliciting, the Legal Department should review the request to determine whether this group is required to seek permission for the sale. Mr. McMahon made a motion to approve the request and to refer it to the Legal Department for review and a determination as to whether or not the group is required to request permission for the sale. Mr. Brunner seconded the motion and it carried. REPORT ON CHUCKHOLE REPAIR ON STATE ROUTES Mr. McMahon reported that a letter was sent to the Indiana State Highway Commission requesting immediate action on chuckhole repair on state routes in the City. He noted that a crew of state workmen was in South Bend last Tuesday to begin repairs. A list of specific locations was submitted to the state and an inspector from the Engineering Department has been assigned to drive the routes each Monday and report on progress made. Any areas not covered by the state repair crew will be submitted to the state in subsequent letters. QUESTION REGARDING STREETS AND PARKING IN WEST SIDE AREA Christian Elser, 602 S. Warren, raised the question of a number of narrow residential streets in an area bounded by Walnut and Olive and Western Avenue and the Railroad tracks. He asked if the Board had considered making these streets one way. Mr. McMahon ppointed out that in residential areas, property owners can petition the Board for changes in parking and traffic. The request is then reviewed by the Bureau of Traffic and Lighting and the Police and Fire Departments. A determination is then made based on the wishes of a majority of the residents. Mr. Elser also called attention to residential lots in the vicinity of the West Side Democratic Club, Ford and Warren Streets, which have been plowed and are used for parking. He expressed concern because the lots are unpaved and are not fenced and cars using these lots may cause damage to cars parked on the street. The Board referred Mr. Elser to the Building Commissioner for investigation of any ordinance violations in the use of these lots for parking. 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 10:30 a.m. ATTEST: Patricia DeClercq, Cler