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HomeMy WebLinkAbout05/08/1978 Board of Public Works MinutesREGULAR MEETING MAY 8, 1978 10 4 A regular meeting of the Board of Public Works was convened at 9:30 a.m. on Monday, May 8, 1978 by President Patrick PR. McMahon, with Mr. McMahon, Mr. Brunner and Mr. Mullen present. Deputy City Attorney Terry A. Crone was also present. MINUTES OF PREVIOUS MEETINGS APPROVED Mr. McMahon reported that the minutes of the May 1, 1978 meeting of the Board had been reviewed and he made a motion that they be approved as submitted. Mr. Brunner seconded the motion and it carried. Mr. McMahon reported that the minutes of a Special Meeting held on May 8, 1978 to authorize advertising for a revenue sharing appropriation public hearing had been reviewed and he made a motion that the minutes be approved as submitted. Mr. Mullen seconded the motion and it carried. OPENING OF BIDS - NORTH IRONWOOD DRIVE IMPROVEMENTS This was the date set for receiving bids for the North Ironwood Drive Improvements, from U. S. 23 to Edison Road. 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: Arco Engineering Construction Co. Bid - $598,002.85 Rieth Riley Construction Co. Bid - $612,193.20 Bid was signed by William Zirkle, non - collusion affidavit was in order and a 5% bid bond was submitted. Bid was signed by Chester Skwarcan, 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 Design and Administration and the Bureau of Public Construction for review and recommendation. OPENING OF BIDS - VEHICLES, BUREAU OF TRAFFIC AND LIGHTING This was the date set for receiving bids for three pick -up trucks for the Bureau of Traffic and Lighting. 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: Harold Medow, Inc. Bid was signed by Robert H. Ristau, Jr. non - collusion affidavit was in order and a 10% bid bond was submitted. Bid - Per Unit - 1978 Dodge Pick -up Truck - $6,875.16 Less Trade -In 1,570.29 Net Unit Price 5,304.87 Total Bid Three Units - $15,914.60 Gates Chevrolet Company Bid was signed by A. G. Irwin, non - collusion affidavit was in order and a 5% bid bond was submitted. Bid - 3 1978 Chevrolet Pick -up Trucks - Net - $16,384.00 Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the bids were referred to the Bureau of Traffic and Lighting for review and recommendation. HE REGULAR MEETING MAY 8, 1978 REQUEST FOR CARNIVAL SPONSORED BY F.O.P. MISHAWAKA LODGE 91 DENIED The Board had taken under advisement a request from the Fraternal Order of Police, Mishawaka Lodge 91, to hold a carnival at the Ayr -Way Parking Lot, 3500 McKinley, from May 25 through June 4. The following opinion from the City Legal Department was submitted to the Board: "This Office has reviewed the request of the Fraternal Order of Police. Mishawaka Lodge No. 91, for permission to hold its annual carnival on the grounds adjacent to the Ayr -Way Store at 3500 East McKinley, South Bend, and has prepared the following opinion as a guide to your decision. The Municipal Code of the City of South Bend, Section 4 -10, provides that: No person shall exhibit or participate in exhibiting in the City any circus, sideshow, carnival, street fair or any other display or performance of the same general description for which an admission fee is charged or received, either directly or indirectly, without having first obtained a license from the Controller. (Emphasis added) . Municipal Code Section 4 -11 provides that the license fee for a carnival shall be three hundred dollars for the first day, and one hundred and fifty dollars for each additional day thereafter. In addition, a fee of fifty dollars per day must be paid for each individual sideshow and amusement device included in or connected with the carnival. The Municipal Code, Section 4 -12, further provides that an applicant for a carnival license "shall at all times be subject to this Code and other ordinances of the City and laws of the State ". The Controller, may, in his discretion, refuse to grant a license when he has reasonable cause to believe that holding the proposed exhibition or carnival would be in violation of any ordinance, Code, or law. A refusal to issue a license must be done after a hearing on the matter, pursuant to Municipal Code Section 1 -18. I should also note that Municipal Code Section 1 -19 provides that a refusal to issue any license shall be for "just cause" after notice and a hearing. The consideration of matter by the Board of Public Works fulfills the hearing requirement of the Municipal Code. It is the opinion of this Office, based upon our review of the law and facts pertinent to this request, that reasonable cause may exist to justify the Board's denial of the carnival permit. As you may know, in the past the Mishawaka Fraternal Order of Police carnival has been held in the Town and Country Shopping Center parking lot. The location of this carnival in the vicinity of several residential neighborhoods of South-Bend has caused these citizens to be subjected to disturbances from excessive noise, traffic congestion, increased pedestrian traffic, litter, and dust pollution, as generated by the carnival. As a result, the citizens in the surrounding neighborhoods have been denied the peaceful enjoyment of their residential premises. In short, the past operation of the carnival has created a general nuisance to the citizens of our City. To permit this carnival to operate within the South Bend City limits, in view of its past history of operation, may in fact sanction the violation of the numerous ordinances which are designed to protect our citizens from such disturbances. 1 REGULAR MEETING MAY 8, 1978 109 As you are aware, it has been the purpose of this Office, in conjunction with all other City departments and agencies under the leadership of Mayor Peter J. Nemeth, to vigorously enforce our City ordinances in the effort to safeguard the integrity of our residential areas. We must respectfully request, therefore, that if after weighing all evidence and testimony which may be presented at the public hearing on this matter, the Board agrees that substantial evidence exists as to the great inconvenience and disruption of the City's neighborhoods that the proposed carnival will create, it deny the Mishawaka Fraternal Order of Police request for permission to hold its carnival at this location within the South Bend City limits.. Very truly yours, s/ Thomas J. Brunner, Jr. City Attorney s/ Terry A. Crone Deputy City Attorney IF Mayor Peter J. Nemeth was present and addressed the Board. Mayor Nemeth said he was aware that this request had prompted a lot of response from the people directly involved. He pointed out that, during the past couple of years, this Administration has established the policy of trying to improve the quality of life in the neighborhoods. An Adult Business Establishment Ordinance has been enacted to keep_ out certain establishments which would lower the quality of life in neighborhoods. A Hearing Officer hasbeen established to deal with the problems of homes in,need of repair and the procedure has provided a means of getting property owners to repair the structures rather than resorting to demolition in such cases. Mayor Nemeth noted that this request is in a high commercial area with Town and Country to the east of the Ayr -Way development, but directly north of Ayr -Way is a very fine residential neighborhood and it would be out of place to have a carnival operating so close to the neighborhood. The Mayor said he strongly recommended that the Board turn down the application. Councilman Roger Parent was present and submitted a letter opposing the location to the Board. Councilman Parent said he felt the Board could have denied the request at the meeting at which it was presented. He said a number of residents contacted him in the belief that he would be making the decision on the carnival. He then submitted to the Board petitions signed by approximately 500 residents who oppose the carnival. He said it should be obvious to the Board that the people do not want the carnival in that location. It would create noise and additional traffic and would be a nuisance. Councilman'-Parent said the objectives of the F.O.P. are worthy and he would like to seem them find another suitable site for their carnival. However, he said he strongly opposes the site at the Ayr -Way Parking Lot. Councilman Terry Miller was present and advised the Board that he concurs with Mayor Nemeth and Councilman Parent. He said he has been contacted by residents in the area who oppose the carnival. He also noted that the carnival might require additional police officers from South Bend and that would be an expense to the City. He said he is .against approving the carnival application. James Ward, 215 Sylvan Glen Drive, spoke as a resident of the area involved and registered his strong objection to the carnival. He noted that problems with noise late at night, traffic congestion and a general nuisance occurred when the carnival was located at the Town and Country Shopping Center. He said he did not think the Mishawaka F.O.P. should be holding their carnival in South Bend. He said the carnival would definitely disturb the quality of life in the neighborhood and he asked the Board to note his strong objection. Mr. McMahon noted that correspondence opposing the carnival location was received from: Edward Nugent, 209 Sylvan Glen; Mr. & 110 REGULAR MEETING MAY 8, 1978 Mrs. R. Wayne DeVere, 3321 Windingwood Drive; Mr. & Mrs. John Phelan, 3322 Windingwood Drive; Mr. & Mrs. Charles Plank, 3622 Sorin Street; Mrs. Harry Vogt, 3616 Oakcrest Drive; and Hilbert Mueller, M. D., 3525 Windingwood Drive. Mr. Mullen stated that as City Controller and a member of the Board of Public Works he was opposed to this application and he made a motion that the application be denied. Mr. McMahon seconded the motion and it carried. REPORT OF POLICE DEPARTMENT VEHICLE ACQUISITION Chief Michael Borkowski advised the Board that the Police Depart- ment has acquired two vehicles. Vehicle No. 720 is a 1972 Chevrolet Nova, acquired for a price of $600.00. Vehicle No. 742 is a 1964 Oldsmobile acquired for a price of $75.00. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the notification was filed. ADOPTION OF VACATION RESOLUTION NO. 3457, 1978. MAY 30 MEETING APPROVED The Department of Engineering submitted to the Board a report indicating that they had reviewed the petition of the St. Joseph Bank & Trust Company to vacate the north - south alley between Miami and Dale, from Donald Street south to the first east -west alley. The Engineering Department has no objection to the proposed vacation, subject to existing utility easements. The Area Plan Commission Staff reported to the Board that they had reviewed the petition and recommend it favorably to the Board. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the reports were ordered filed. Mr. McMahon moved that the regular meeting of the Board scheduled for Monday, May 29 be changed to Tuesday, May 30 at 9:30 a.m., because of the Memorial Day Holiday. Mr. Brunner seconded the motion and it carried. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the following ■ resolution was adopted: VACATION RESOLUTION NO. 3457 RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, That it is desirable to vacate the following: the north -south alley located between Lots 4, 5 and 6 and 103 of Oak Park 4th Addition, between Miami Street and Dale, from Donald Street south to the first east -west alley, a distance of 128 feet. 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. 4, 5 and 6 and 103 of Oak Park 4th Addition. Notice of this Resolution shall be published "on the 12th and 19th day of May, 1978 in the South Bend Tribune and the Tri- County News. This Board, at its office on the 30th day of May, 1978, at 9:30 o'clock, A.M., will hear and receive remonstrances from all persons interested in or affected by these proceedings. it REGULAR MEETING Adopted this 8th day of May, 1978. BOARD OF PUBLIC WORKS MAY 8, 1978 s/ Patrick M. McMahon s/ Thomas J. Brunner, Jr. s/ Peter H. Mullen ATTEST: s/ Patricia DeClercq, Clerk SUB -GRANT MODIFICATIONS APPROVED - BUREAU OF EMPLOYMENT AND TRAINING AND CHAMBER OF COMMERCE AND ALCOHOL AND DRUG ABUSE CENTER Elroy Kelzenberg, Director of the Bureau of Employment and Training, submitted to the Board modifications in the sub -grant agreements with the Chamber of Commerce and the Alcohol and Drug Abuse Prevention and Treatment Center. Thomas Becker was present representing Mr. Kelzenberg. The Chamber of Commerce modification increases the subgrant by $90,000 in training reimbursement funds to reimburse private sector employers in the area of extraordinary costs associated with the on- the -job training of skilled and long -term unemployed South Bend residents. The Alcohol and Drug Abuse Prevention and Treatment Center subgrant modification increases the funds to $61,900.00 and extends the duration of the subgrant to 12/31/78 and is to provide two additional counsellors. Funds for the program have been secured through a grant from the Indiana Office of Manpower Development and the program is now extended to a twenty -two month period. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the modified subgrants were approved. LEASE VEHICLE BID ACCEPTED FROM HAROLD MEDOW. Elroy J. Kelzenberg, Director of the Bureau of Employment and Training, reported to the Board that he had reviewed the only bid received for the leasing of a station wagon from Medow Leasing, Inc. Mr. Kelzenberg recommended that the Board accept the bid and he submitted a lease agreement for one 1978 Dodge Aspen Station Wagon at a cost of $155.00 per month for one year, with an excess mileage charge of 5� per mile over the annual mileage allowance of 10,000 miles. The lease can be extended for an additional twelve -month period for a payment of $110.00 per month. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Board accepted the bid and approved the lease agreement with Medow Leasing, Inc. LEASE RENTAL AGREEMENT FOR COPIER II APPROVED - I.B.M. Elroy J. Kelzenberg, Director of the Bureau of Employment and Training, submitted to the Board a lease agreement with I. B. M. for a Copier II to be located in the Bureau of Employment and Training office. The agreement is in accordance with the bid awarded to I.B.M. and calls for a monthly lease payment of $232.80. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board approved the lease agreement with I.B.M. REQUESTS TO PURCHASE CITY -OWNED PROPERTY FILED The Board received inquiries regarding purchase of the following city -owned properties: 1113 W. Grace St. - Inquiry received from Frank Wantuch 228 Embell Court - Inquiry received from William Hines Upon motion made by Mr. McMahon, seconded by Mr. Mullen 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. 112 REGULAR MEETING MAY 8, 1978 _ POPPY SALE APPROVED - MAY 19 AND 20 The Board received a request from the American Legion Auxiliary, River Park Unit 303, for permission to sell veteran -made poppies on the public sidewalks on May 19 and 20, 1978. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the request was approved. STREET LIGHT RECOMMENDATION APPROVED Joseph J. Pluta, Assistant Manager of the Bureau of Traffic and Lighting, submitted to the Board the following street light recommendation: Recommend removal: On Westmore 300 ft. east of Eclipse 7,OOOL rlG' $4.80 /mo. Recommend installation: On Westmore at Eclipse 7,OOOL MV $4.80 /mo. On Westmore midway between Eclipse and Meade 7,000L MV $4.80 /mo. Total Increase $4.80 /mo. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the recommendation was approved. TRAFFIC CONTROL DEVICES APPROVED The Bureau of Traffic and Lighting recommended the following traffic control devices: A. Revise No Parking 7 -8 3 -4 to No Parking This Side, on Bertrand, South Side, from Meade to first alley west. B. Install Speed Limit Signs - 30 MPH Urban and 40 MPH Rural on Gertrude from Ewing to Ireland, urban area to 2633 Gertrude rural area thereafter. C. Install Stop Sign on Kalorama at Hill Street. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the recommendations were approved. REQUEST FOR PARADE FOR MAURICE MATTHYS LITTLE LEAGUE FILED The Board received a request from the Maurice Matthys Little League to hold a parade on Saturday, May 20, 1978 beginning at 9:00 a.m. A route for the parade was submitted and the request indicated they were anticipating participation by sixty vehicles. 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 Traffic Detail for review and recommendation. LETTER RE: TRAFFIC CONTROL SIGNS ON FAR WEST SIDE FILED The Board received a letter from Mrs. Frank Butiste, 810 S. Lombardy Drive, regarding the approved installation of speed control signs and other traffic controls in the Lombardy Drive, Scenic Drive and Ford Street area. Mrs. Butiste also called attention to a sewer problem at her address. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the letter was filed and referred to the Bureau of Traffic and Lighting and the Bureau of Public Construction for review and recommendation. 1 REGULAR MEETING REQUEST FOR STREET LIGHTS FILED MAY 8, 1978 �1 Councilman Joseph Serge submitted to the Board a request for additional street lighting in the business area on Portage Avenue and Kinyon. Councilman Serge noted that two armed robberies have occurred in this area and he asked that additional lighting be installed from Anderson to Portage and from Kinyon to Elwood and Angela. 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 for review and recommendation. REQUEST FOR BLOCK PARTY RECEIVED William Michalski submitted to the Board a request to hold a Block Party on Saturday, August 19, 1978 on Meade Street, from Ford to Grace Street. Hours of the Block Party are from Noon to 11:00 p.m. and they would like to have a live band. The request was signed by ten residents of the 600 block Meade Street. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the request was referred to the Bureau of Traffic and Lighting and the Police Department Traffic Detail for review and recommendation. RIVER BEND PLAZA REQUESTS APPROVED Mikki Dobski, Director of River Bend Plaza, submitted a request to hold noon hour concerts on the Robertson's Stage on May llth and May 19th., Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the request was approved. CLAIMS APPROVED Michael L. Vance, Deputy City Controller, submitted to the Board Claim Docket Numbers 8109 through 8560 and recommended approval. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Board approved Claim Docket Numbers P109 through 8560 and directed that checks for payment be issued. BOND APPROVED Ray S. Andrysiak, Consultant in the Bureau of Engineering, reported to the bond that a Contractor's Bond submitted by The Hickey Company, Inc. has been properly executed and can be approved. Upon motion made by Mr. McMahon, seconded by Pair. Mullen and carried, the bond was approved. STREET LIGHT OUTAGE REPORT FILED The Street Light Outage Report for the 4 was submitted. The report indicated motion made by Mr. McMahon, seconded by report was ordered filed. There being motion made the meeting no further business to come by Mr. McMahon, seconded by adjourned at 10:20 -� period April 28 through May thirty -seven outages. Upon Mr. Mullen and carried, the before the Board, upon Mr. Mullen and carried, ATTEST: Peter H. Mullen Patricia DeClercq, Clerk