HomeMy WebLinkAbout04/03/1978 Board of Public Works MinutesREGULAR MEETING
APRIL 3, 1978
A regular meeting of the Board of Public Works was convened at
9:30 a.m. on Monday, April 3, 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 MARCH 27 MEETING APPROVED
Mr. McMahon reported that he had reviewed the minutes of the
March 27 meeting of the Board and he made a motion that the minutes
be approved as submitted. Mr. Brunner seconded the motion and
it carried.
OPENING OF BIDS - CONTRACTUAL STREET SWEEPING - BIDS REJECTED
This was the date set for receiving bids for contractual street
sweeping. 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 bid was opened:
Ries Equipment Company
Indianapolis, Indiana
Deputy City Attorney Terry A. Crone reviewed the bid and advised
the Board that the bid form was unsigned and this is a fatal defect
in the bid. This was the only bid received. Upon motion made by
Mr. McMahon, seconded by Mr. Brunner and carried, the Board rejected
the bid of Ries Equipment Company as being defective because the
bid form was unsigned and authorized readvertising for bids with
sealed bids to be received on April 17, 1978. Councilman diary
Christine Adams was present and asked the Board a number of questions
regarding the condition of present street sweeping equipment and
the reason for seeking a contractual agreement. Mr. McMahon responded
that the City has ten pieces of equipment, with five units on the
streets now. Some of the equipment in the garage needs repair but
those units are planned as trade -ins on new equipment out for bid
now so repairs have not been made. He pointed out that the City of
Indianapolis contracts for sweeping of all main.routes. It is honed
that the contractual agreement can cover street sweeping twenty -four
hours a day and allow the City equipment to be used to sweep residential
streets during the day. The City's present- equipment runs twenty -four
hours a day, making the life of the equipment only five to six years.
If a contractual street sweeping agreement is entered into, it will
add to the life of new equipment purchased.
PETITION FOR ANNEXATION AND ANNEXATION AGREEMENT TABLED
A Petition for Annexation and Annexation Agreement with Americana
Realty, Inc, for property located in Kensington Farms, east of York
Road and north of Kern Road, was filed with the Board on 111arch 27 and
was referred to the Legal Department for review. Deputy City Attorney
Terry A. Crone reported that he has reviewed the terms of the agreement
with Mr. Dunfee, Attorney for Americana Realty, but there are still
some points to be clarified. He requested that the Board continue
the matter. Mr. Brunner noted that the agreement provides that if
the zoning does not occur, the property does not have to be annexed
but it could be annexed involuntarily at the initiation of the City.
There is some question regarding the precise language that has been
drafted by Mr. Dunfee and the Legal Department would like to discuss
the effect of that language before the City proceeds. Upon motion
made by Mr. McMahon, seconded by Mr. Brunner and carried, action on the
agreement was continued for one week.
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REGULAR MEETING
NOTICE OF ACQUISITION OF VEHICLE TABLED
APRIL 3, 1978
The Board received notification from Chief Michael Borkowski that
the Police Department has acquired a 1978 Chevrolet at a cost
of $4,987.45. The Chief requested that the vehicle be added to the
City inventory and that City Vehicle No. 715 be assigned to it.
The Board discussed the purchase and proposed use of the vehicle.
Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried,
the notice was tabled for one week and Chief Borkowski will be
requested to furnish information regarding this purchase and the
intended use of the vehicle.
SUBGRANT AGREEMENTS APPROVED
Elroy Kelzenberg, Director of Manpower and Training, submitted to
the Board subgrant agreements with the YMCA, the Urban League and
the YWCA. The Agreements are in connection with the summer youth
program. The Agreements provide for advisory staff members and
job coaches for the summer work site programs and cover staff salaries
and related benefits. The Agreement with the YMCA is in the amount
of $29,560, with the Urban League in the amount.of $30,363 and with
the YWCA in the amount of $21,811. Mr. Mullen asked how many staff
members are involved and Mr. Kelzenberg said there is a ratio of
one staff member for each ten participants. Mr. Mullen asked the
total dollar amount of the summer program and Mr. Kelzenberg responded
that the total amount is approximately $705,000. Councilman Mary
Christine Adams asked if the participants would.be required to be
City residents. Mr. Kelzenberg said the present City ordinance
requires an employee of the City to reside in the City or move in
within six months. He has discussed this matter with the Legal
Department and has been advised that the residency requirement cannot
be enforced for participants in the summer program. Upon motion
made by Mr. McMahon, seconded b_y Mr. Mullen and carried, the
Sub -Grant Agreements with the YMCA, the Urban League and the YWCA
were approved.
ADOPTION OF RESOLUTIONS 3, 4, 5 and 6 RE: NORTH IRONWOOD IMPROVEMENTS
Patrick M. McMahon, Director of Public Works, submitted to the Board
four resolutions concerning the proposed North Ironwood Drive
improvements. He noted that the Department of Public Works has been
negotiating for acquisition of real estate at Edison and Ironwood
and at State Road 23 and Ironwood. They have not been able to
reach an agreement with the property owners involved and have now
notified the owners, by means of a ten -day letter, of the City's
final offer following appraisal of the real estate. These
resolutions provide for the acquisition of property by condemnation
if an agreement cannot be reached. Mr. McMahon pointed out that the
parcels of property involved are small and are owned by Arco,
Marathon and Sunoco Oil Companies and the Capri Restaurant. Upon
motion made by Mr. McMahon, seconded by Mr. Brunner and carried,
the following resolutions were adopted:
RESOLUTION NO. 3, 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 and drainage improvements on Ironwood Drive
from a point 150 feet south of Edison Road to South Bend
Avenue (INdiana Route 23); and
WHEREAS, the Board of Public Works, on July 12, 1976 by Resolution,
authorized the preparation of necessary design plans for such
construction; and
WHEREAS, it has now become necessary to proceed by condemnation of
the real estate herein described.
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REGULAR MEETING
APRIL 3, 1978
BE IT RESOLVED that the Board of Public Works hereby directs and
authorizes the doing of all acts necessary and desirable to the
acquisition by gift, purchase or condemnation of the following
described real estate:
Beginning at the point of intersection of the centerline
of South Bend Avenue (State Road 23) and the centerline
of North Ironwood Drive; thence southerly along the said
centerline of Ironwood Drive a distance of 100.0 feet;
thence westerly perpendicular to the centerline of said
Ironwood Drive a distance of 40 feet to the west right -
of -way line and the true point of beginning; thence
continuing westerly perpendicular to the centerline of
said Ironwood Drive a distance of 40.0 feet more or less
to the present southeasterly right --of -way line of South
Bend Avenue (State Road 23); thence northeasterly along
the present southeasterly right- of- wav_.line of South Bend
Avenue (State Road 23) a distance of 48.8 feet more or less
to the west right -of -way line of Ironwood Drive; thence
southerly along the west right -of -way line, a distance of
28.0 feet more or less to the true point of beginning, being
a triangular shaped parcel of land taken off of the
northeastern -most corner of Lot No. 1 in 14olfe`s South
Bend Avenue Addition (proposed), all in Section 31, Townshin
38, North, Range 3 East, Clay Township, St. Joseph County,
Indiana containing 560 square feet or 0.013 acres more or
less.
BE IT, FURTHER, RESOLVED that if proceeding is brought by condemnation
for the acquisition of such real estate, such proceedings shall
be brought pursuant to the provisions of the Acts of the 1905
Indiana General Assembly, Chapter 48, being I.C. 32- 11 -1 -1 to
32-11-1-13, as amended.
BOARD OF PUBLIC WORKS
s/ Patrick M. McMahon
s/ Thomas J. Brunner, Jr.
s/ Peter H. Mullen
ATTEST:
s/ Patricia DeClercq
Clerk
Dated this 3rd day of April, 1978.
RESOLUTION NO. 4, 1978
WHEREAS, the.Board of_ Public Works has found it <recessary in the
best interest of the public safety and welfare to construct
certain street and drainage improvements on Ironwood Drive
from a point 150 feet south of Edison Road to South
Bend Avenue (Indiana Route.23); and
WHEREAS, the Board of Public Works, on July 13, 1976 by resolution,
authorized the preparation of necessary design plans for
such construction; and
WHEREAS, it has now become necessary to proceed by condemnation
of the real estate herein described.
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REGULAR MEETING APRIL 3, 1978
BE IT RESOLVED that the Board of - Public Works hereby directs
and authorizes the doing of all acts necessary and
desirable to the acquisition by gift, purchase or
condemnation of the following described real estate:
Beginning at the point of intersection of the west right-
of-way line of North Ironwood Drive and the south right-
of-way line of East Edison Road; thence due west along the
said south right -of -way line of East Edison Road a distance
of 30.00 feet; thence along a straight line in a southeasterly
direction to a point 30.00 feet due south of the point
of beginning,.and in the said west right -of -way line of
North Ironwood Drive; thence due north along said west right -
of -way line of North Ironwood Drive, a distance of 30.00 feet
to the point of beginning, being a triangular parcel of land
taken off of and from the northeast corner of Lot Number
seven (7) in "Wooded Estates ", a subdivision in South Bend,
Indiana, as recorded in Book 16, Page W, August 11, 1947 in
the office of the St. Joseph,County Recorder, all in Section 6,
Township 37 North, Range 3 East,.Portage Township, St. Joseph
County, Indiana, containing 450.square feet or 0.01033 acres.
BE IT,. FURTHER,.RESOLVED that if proceeding.is brought by condemnation
for the acquisition of such real estate, such proceedings
shall be brought pursuant to the-,provisions of the Acts of
the 1905 General Assembly, Chapter 38, being I.C. 32- 11 -1 -1
to 32- 11 -1 -13; as amended..
BOARD OF PUBLIC WORKS
sl Patrick M. McMahon
s/ Thomas J. Brunner, Jr.
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s/ Peter H.- Mullen
ATTEST:
s/ Patricia DeClercq
Clerk
Dated this 3rd day of April,, 1978.
RESOLUTION NO. 5, 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 and drainage improvements on Ironwood Drive
from a point 150 feet south of Edison Road to South Bend
Avenue (Indiana Route 23); and
WHEREAS, the Board of Public Works, on July 12, 1976 by Resolution,
authorized the preparation of necessary design plans for
.such construction; and
WHEREAS, it has now become necessary to proceed by condemnation of
the real estate herein described.
BE IT RESOLVED that the Board of Public Works hereby directs and
authorizes the doing of all.acts necessary and desirable
to the acquisition by gift, purchase or condemnation of
the following described real estate:
Beginning at the point of intersection of the east right-
of-way line of North Ironwood Drive and the south right -
of -way line of East Edison Road; thence due east along the
said south right -of -way line of East Edison Road a distance
REGULAR MEETING
APRIL 3, 197E
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of 27.00 feet; thence along a straight line in a south-
westerly direction a distance of 38.18.feet more or less
to a point 27.00 feet due south of the point of beginning
and in the said east right -of -way line of North Ironwood
Road; thence due north along the said east right -of -way
line of North Ironwood a distance of 27.00 feet to the
point of beginning; being a triangular parcel of land
taken off of and from the northwest corner of Lot Lettered
"A" in "Edison Park ", a subdivision in South Bend, Indiana
as recorded in Book 17, Page E, March 24th, 1948 in the
office of the St. Joseph County Recorder, all in Section 5,
Township 37 North, Range 3 East, Portage Township, St. Joseph
County, Indiana, containing 364.50 feet or 0.0084 acres.
BE IT FURTHER RESOLVED that if proceeding is brought by condemnation
for the acquisition of such real estate, such proceedings
shall be brought pursuant to the provisions of the Acts of
the 1905 Indiana General Assembly, Chapter 48, being I.C.
32- 11 -1 -1 to 32- 11 -1 -13, as amended.
BOARD OF PUBLIC WORKS
s/ Patrick P?. McMahon
s/ Thomas J. Brunner, Jr.
s/ Peter H. Mullen
ATTEST:
sVPatricia DeClercq, Clerk
Dated this:.3rd day of April, 1978. ..
RESOLUTION NO. 6, 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 and drainage improvements on Ironwood Drive
from a point 150 feet south of Edison Road to South Bend
Avenue (Indiana Route 23); and
WHEREAS, the Board of Public Works, on July 12, 1976 by Resolution,
authorized the preparation of necessary design plans
for such construction; and
WHEREAS, it has now become necessary to proceed by condemnation of
the real estate herein described.
BE IT RESOLVED that the Board of Public Works hereby directs and
authorizes the doing of all acts necessary and desirable to
the acquisition by gift, purchase or condemnation of the
following described real estate:.
Beginning at the point of intersection of the west right -of -way
line of North Ironwood Drive and the north right -of -way
line of-East Edison Road; thence due.,north; along said west
right -•of-way line-of North Ironwood Drive a distance of
29.00 feet; thence along a straight line-in a,southwesterly
direction ,a distance of ?•1.73 feet more or less to a point
30.00 west of the point of beginning, which point is also in
the said north right -of -way line of East Edison Road; thence
due east along said north right --of -way line of East Edison
Road a distance of 30.00 feet to the place of beginning, all
taken off of and from the southeast corner of Lot Number
Five (5) in Robinwood.Place Addition "., as recorded in
Book 14, Page R5, on November 15, 1940 in the office of tthe
St. Joseph County Recorder, all in Section 31, Township 38
North, Range 3 East, Clay Township, St. Joseph County, Indiana,
containing 435.00 square feet or 0.01 acres more or less.
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REGULAR MEETING' APRIL 3, 1978
BE IT FURTHER RESOLVED that if proceeding is brought by condemnation
for the acquisition of such real estate, such proceedings
shall be brought pursuant to the.provisions of the Acts
of the 19.05 Indiana General Assembly, Chapter 48, being
I.C. 32- 11 -1 -1 to 32- 11 -1 -13 as'amended.
BOARD OF PUBLIC WORKS
s/ Patrick M. McMahon
s/ Thomas J. Brunner, Jr.
s/ Peter H. Mullen
ATTEST:
s/ Patricia DeClercq, Clerk
Dated this 3rd day of April, 1978.
REQUESTS TO PURCHASE CITY -OWNED REAL ESTATE FILED
The Board received requests from Jack S. Cook regarding possible
purchase of a city -owned lot at 1038 N. Blaine and Mrs. Tim Miller
regarding possible purchase -of,a' city -owned lot at 655 N. Lawndale.
Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried,
the requests were filed and referred to the Department of Engineering,
Parks and Redevelopment for review and a determination as to whether
the lots should be retained for any purpose.
CONTRACT FOR REHABILITATION OF NORTHEAST NEIGHBORHOOD CENTER
A contract with Tom Ford Home Improvement Company for the rehabilitation
of the Northeast Neighborhood Center was submitted to the Board. The
bid for this project was accepted by the Board on March 6, 1978
in the total amount of $19,338.20. Mr. McMahon noted that the
performance and labor and material payment bonds were not submitted
with the contract. Upon motion made by Mr. McMahon', seconded by
Mr. Brunner and carried, the Board tabled action on the contract
until the bonds are submitted.
REQUEST FOR PARADE FILED - HOPE CHAPEL CHURCH OF GOD
The Board received 'a request from Pastor Edward D. Bender, Hope
Chapel Church of God, to hold an Annual Vacation Bible School Parade
on Saturday, June 10. The route involved would be Indiana Avenue,
Dayton Street, Dubail, Randolph, Calvert, Bowman, Haney;- Donald and
Fox Streets. Insurance will be provided and they request a police
escort. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and
carried, the request was filed and referred to the Bureau of Traffic
and Lighting and the Police Department for review and recommendation.
REQUEST FOR BIKE- A -THON FILED
The Council for the Retarded submitted a request for an annual
Bike -A -Thon to beheld in cooperation with the Indiana State Teachers
Association and the Indiana Association for Retarded Citizens.
Because this is.a. state -wide event, the organization has asked for
approval of a Sunday date., The date requested is Sunday, October
8, with =a raindate of October -15. The route and insurance certificate
will be submitted. Upon motion made by klr. McMahon, seconded by
Mr. Mullen and carried, the request was filed and the date will be
reserved for the group, pending receipt of the necessary documents
and route. The Bureau of Traffic and Lighting, the Police Department
and Civil Defense will be advised to reserve the date requested for
the Bike -A -Thon and will make a recommendation on the proposed route
when it is received.
GULAR MEETING
APRIL 3, 1978
OF POPPIES APPROVED - MAY 12 AND 13 AND MAY 19 AND 20
The Board received a request from the V.F.W. Post 1167 to hold their
Annual Poppy Sale on the public sidewalks,on May 12 and 13 and from the
American Legion Auxiliary, Unit 50 to hold their Annual Poppy Sale
on the public sidewalks on•May 19 and 20. Upon motion made by
Mr. McMahon, seconded by Mr. Brunner and carried, the Board approved
the request subject to approval of the Charitable Solicitations
Commission if required.
LETTER RE: TRUCK TRAFFIC IN NORTHEAST NEIGHBOORHOOD FILED
The Board received a letter from the Northeast Neighborhood Association
regarding truck traffic on Niles Avenue, between Corby and Angela,
and on Corby and Howard, between Niles and Notre Dame. The
Association requested that "Through Trucks Prohibited" signs be
posted at four locations in the area and that the Police Department
be instructed to issue a shift order to stop violators of the truck
route ordinance. Mr. McMahon noted that this ?problem has come
before the Board in other locations. The truck routes are established
by ordinance but trucks making local deliveries are permitted to use
streets not on the truck route. It is difficult to determine if
the trucks are making deliveries. Upon motion made by Mr. McMahon,
seconded by Per. Brunner and carried, the letter was referred to the
Bureau of Traffic and Lighting for review of the request for the
posting of signs and to the Police Department Traffic Detail for
stepped up efforts in the area with regard to trucks not using the
truck route and for notification to the Trucking Association that
the ordinance will be enforced. Mr. Quigley and the Board of Public
Safety are to be advised of the Board's action.
APPROVAL OF APPRAISAL AND PURCHASE NEGOTIATION CONTRACTS
MICHIGAN -MAIN CONNECTOR _
Patrick M. McMahon, Director of Public Works, submitted to the Board
letter proposals he had requested from Jack Harris for appraisal
of real estate and from John G. Pence for negotiation of the purchase
of real estate in connection with the Michigan -Main connector.
Mr. Harris has agreed to complete appraisal of nine parcels of real
estate at a total cost of $4,800 to $5,200. Mr. Pence has agreed
to negotiate the purchase of nine parcels of real estate at a total
cost of $4,200 to $4,500. This work is to be completed within
ninety days of acceptance of the proposals. Mr. McMahon noted that
these are agreements for professional services and the money has
already been appropriated by the Council. Mr. Brunner asked how
these individuals were selected and Mr. McMahon explained that the
Board has a list--of-`appra secs used on a rotating basis. Both Mr.
Harris and.Mr. Pence have provided services to the City in the past
in a dependable and acceptable manner and both are familiar with
federal guidelines which must be followed if federal funding is sought
for the project. Mr. Brunner then requested that the documents be
reviewed by the Legal Department. Councilman Mary Christine Adams
asked Mr. McMahon if the connector was to be built at LaSalle Street
and Mr. McMahon explained that the City was proceeding with the
connector at.Marion Street. Upon motion made by Mr. McMahon,
seconded by Mr. Brunner and carried, the proposals from Jack Harris
and John G. Pence Associates were approved, subject to`review and
approval of the documents by the Legal Department:
APPROVAL OF CLAIMS
Michael L. Vance, Deputy City Controller, submitted to the Board
Claim Docket Numbers 5545 to 5996 and recommended approval. Upon
motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the
Board approved Claim Docket Numbers 5545 to 5996 and directed that
checks for payment be issued.
REGULAR MEETING
BOND APPROVED - GEORGE BERNATH
APRIL 3, 1978
Ray S. Andrysiak, Consultant with the Department of Engineering,
reported to the Board that an Excavation Bond submitted by George
Bernath was in proper form and could be approved. Upon motion made
by Mr. McMahon, seconded by Mr. Mullen and carried, the bond of
George Bernath was approved, effective April 3, 1978.
STREET LIGHT OUTAGE REPORT FILED
The Street Light Outage Report for the period March 24 through
March 31 was submitted to the Board. The report indicated eighty -
three outages. Upon motion made by Mr. McMahon, seconded by
Mr. Brunner and carried, the report was ordered filed.
SIGNING OF TITLE.SHEET - LAUREL WOODS
The title sheet approving the plans for.the development of Laurel
Woods was submitted to the Board This is a recently annexed area
but the annexation is in litigation.- However, sewers and water
are being provided in the area. Plans for the development have
been reviewed by the.Department of Public Works and they recommend
approval. The improvements are being made by the developer. Upon
motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the
title sheet approving the plans was signed.
TRAFFIC CONTROL DEVICE APPROVED
Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting,
recommended that the Board approve the revision of a Yield Sign
to a Stop Sign on Wall Street at 36th Street at the request of
the Bureau. Upon motion made by Mr. McMahon, seconded by Mr. Brunner
and carried, the recommendation was approved.
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 10:35 a.m.
ATTEST:
Patricia DeClercq, Clerk
Peter H. Mullen
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