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HomeMy WebLinkAbout06/12/1978 Board of Public Works MinutesREGULAR MEETING JUNE 12, 1978 A regular meeting of the Board of Public Works was convened at 9:30 a.m.o.n Monday, June 12, 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 June 5, 1978 meeting had been reviewed and he made a motion that they be approved as submitted. Mr. McMahon seconded the motion and it carried. OPENING OF BIDS - ANGELA HILL RECONSTRUCTION This was the date set for receiving bids::for the reconstruction of Angela Hill. 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: Ziolkowski Construction Co. South Bend, Indiana Base Bid - $264,220.33 Alternate C - $57,854.00 Rieth -Riley Construction Co. South Bend, Indiana Base Bid - $279,513.20 Alternate C - $51,195.20 14� Bid was signed by Ben Ziolkowski, non - collusion affidavit was in order and a 5% bid bond was submitted. Bid was signed by Richard Ruhlman, non - collusion affidavit was in order and a 5% bid bond was submitted. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the bids were referred to the Bureau of Public Construction for review and recommendation. OPENING OF BIDS - CAR 14ASHES FOR CITY VEHICLES This was the date set for receiving bids for car washes for city vehicles. 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: Comet Car Wash Bid was signed by Stephen H. Shaw, South Bend, Indiana non - collusion affidavit was in order and a $350.00 certified check was submitted. Full Service Car Wash 0 to 100 units per month - $1.95 Full Service Car Wash over 100 units per month - $1.85 Wet Wash Only 0 to 100 units per month - $1.45 Wet Wash Only over 100 units per month - $1.35 Upon motion made by Mr. McMahon, seconded by Mr. Pullen and carried, the bid was referred to the Controller's Office for review and recommendation. OPENING OF BIDS - TIRE REPAIRS FOR CITY VEHICLES This was the date set for receiving bids for tire repairs for city vehicles. 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: REGULAR MEETING JUNE 12,1978 Singer General Tire Company Bid was signed by Merl C. Fahler, South Bend, Indiana non- collusion affidavit was in order and a $1000 certified check was submitted. BID - Mounts and Dismounts: Passenger Tires (no wheel change) 2.50 Passenger Tires (with wheel change) 3.00 Light Commercial Tires (no wheel change 5.50 Light Commercial Tires (with wheel change6.50 Heavy Truck Tires (no wheel change) 6.00 Heavy Truck Tires (with wheel change) 8.00 Tube Repairs: Passenger 2.50 Truck 3.50 Section Repairs: 45% Discount from Price Book Example: 10.00/20 12 ply tire 32.95 Less 45% discount 14.83 18.12 Wheel Changes: Passenger Car 2.25 Trucks 5.00 Stem Installations: Passenger Tubes 3.00 Truck Tubes 4.50 Service calls: In City Limits 13.00 Outside City Limits $.30 per mile plus 13.00 Recaps: 45% Discount from Price Book Example: 10.00/20 Hawkinsin Rib Tread 83.15, less 45% discount 37.42 45.73 Tread Rubber Tax (Federal) 1.05 Tubeless Repairs: 13.00/14.00 -24 Cured -in Plug 12.50 Truck Tires - 10 & 12 Ply 8.50 Truck.Tires - 8 ply and smaller 5.50 Truck Flotation - 12, 14 & 16 Ply 11.75 Truck Tires - Bow Tie Repairs 7.50 Giant Tires - Bow Tie Repairs 10.50 Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the bid was referred to the Controller's Office for review and recommendation. ASSESSMENT ROLL NO. 2982 APPROVED - PROSPECT STREET SEWERS This was the date set for holding a hearing on the final assessment roll for the Prospect Street Sanitary Sewers, authorized under Improvement Resolution No. 3447, 1977. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri- County News which were found to be sufficient. Mr. McMahon pointed out that the purpose of this hearing was to hear anyone who wished to comment on or question his assessment. All property owners listed on the Assessment Roll received notice of this hearing. There were no citizens present who wished to speak on the matter. Construction of the sewers was done by the Taylor Construction Company at a total cost of $16,290.90. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Board confirmed Assessment Roll No. 2982, as submitted, for the Prospect Street Sanitary Sewers and directed that the St. Joseph County Treasurer's Office, the City Controller's Office and the Board of Wastewater Commissioners receive copies of the approved Assessment Roll. 1 149 REGULAR MEETING JUNE 12, 1978 VACATION RESOLUTION NO. 3459 .CONFIRMED (GATES REALTY This was the date set for holding a public hearing on Vacation Resolution No. 3459 for the vacation of Franklin Street, from Western Avenue north to Wayne Street. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri- County News which were found to be sufficient. Mr. McMahon noted that the Area Plan Commission held a public hearing on this petition and has recommended it favorably to the Board. William McInerny, Attorney representing Gates Realty Corporation, Van E. Gates and Gates Chevrolet Corporation, spoke in favor of the resolution. He noted that Gates owns the property abutting the street. A new truck sales office, reconditioning shop and parts department are located on the street, all generating a lot of traffic and parking. Vacating the alley to improve parking and access to the area will be less hazardous and will be in the best interests of the general public. Van E. Gates was present and he noted that Gates has been in the area for thirty -nine years and has practiced its' own form of urban renewal in the area. Some sub - standard structures have been removed and the property improved. Mr. Gates said they have no intention of building anything across this street. He had a meeting with the Fire Chief and has agreed to keep the street open at both the north and south ends to allow for fire protection in the area. He submitted a letter to the Fire Department agreeing to keep access to the street from the north and the south open for fire lanes. Mr. Gates said about eighty per cent of the traffic in the area is for parts and service business for Gates Chevrolet Co. He submitted letters from Gurley -Leep Buick and from Sears Roebuck & Company supporting the vacation petition. Mr. Gates said his company believes in downtown and wants to stay downtown, pointing out that it would be easier to move to a suburban area with many acres of land available. He said they have come to an equitable agreement with Mr. Schilling on what Schilling's considered an impediment to the vacation. Mr. Charles Schilling addressed the Board and said he had originally objected to the vacation because he thought the street was going to be,closed and this would hamper access to his business. He said if the street is going to remain open he would give the vacation his blessing. He noted there are some problems with heavy traffic going to Gates garage blocking the entrance to the alley next to his business at 329 S. Lafayette and some congestion caused by cars going into the Gates lot on the right side of Lafayette and said he has spoken to Mr. Gates to try to get those problems resolved. He said police enforcement of any blocking of the alley entrance would help. There were no further comments made regarding the vacation. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Board confirmed Vacation Resolution No. 3459 and directed that an Assessment Roll be prepared. HEARING ON DENIAL OF OPEN AIR STAND LICENSE AT OLIVE AND SAMPLE._ The application of William E. Moore for an open air stand at the corner of Olive and Sample Street for the sale of fireworks was denied by the Board. Certified notice of a hearing today was sent to William E. Moore, d /b /a G & M Enterprises, 48391, N. Damen, Chicago, Illinois and Lavern Przygocki, 1715 Portage Avenue. Receipts for delivery of the certified letters sent both individuals were received from the Post Office. Neither Mr. Moore or Mr. Przygocki were present. Deputy City Attorney James A. Masters advised the Board that, according to the Municipal Code, Section 1 -18, the basis for denial of a permit could include evidence of violation of any City ordiance. The Building Commissioner has been advised by a resident in the area that the home at 1715 Portage Avenue is allegedly being used for the distribution of flowers. A van with Illinois license plates has been seen at the address bringing in flowers to be sold from various locations in the City. Such use of 150 REGULAR MEETING JUNE 12, 1978 of this residence would be a violation of the:City zoning ordinance. Mr. Masters submitted to the Board a copy of a letter, dated May 9, 1978, sent to the resident of the property at 1715 Portage Avenue by John DeLee, Building Commissioner, ordering him to cease and desist from the distribution of flowers from that address. Also submitted was a copy of a memorandum from Mr. DeLee, dated May 26, noting that he had observed a woman at 1715 Portage Avenue loading flowers into a station wagon. Nine cans of flowers were observed in the yard and there were also several boxes of flowers. Mr. Masters noted that this would be a violation of the zoning ordinance. It was based on these allegations that he asked the Board to deny the application for a fireworks stand permit because of violations of the Municipal Code, Section 1 -18, A -3. Mr. McMahon noted that the Board did deny the permit application last Monday and this hearing was for the purpose of allowing Mr. Moore to present information in support of his application. REQUEST TO ELIMINATE BLOWING OF TRAIN WHISTLES A delegation of residents from the South East United Neighborhoods requested that the Board take action regarding the prolonged blowing of train whistles. Spokesman for the group was Bill Weaver, 1710 S. Twyckenham. He noted that there is a City ordinance against raucous noise and against the blowing of train whistles at various crossings. He asked that the Board post signs prohibiting the blowing of train whistles at the Greenlawn, Sunnymede, Leer, Vernon, Twyckenham, Caroline and Robinson crossings. He said the crossings are all protected by gates and lights. Trains coming through at all hours of the night blow their whistles and sometimes blow them continuously along all the crossings causing a nuisance to the residents. Mr. Brunner noted that the complaint appears to be justified and the Board would instruct the Traffic Engineer to determine the traffic count at the intersections and the number of accidents which have occurred. This information would then have to be submitted to the Public Service Commission with a petition asking that Conrail be instructed not to use their whistles. The City was able to do that with respect to Grand Trunk Railroad crossings. It would be necessary to amend the City ordinance to include other crossings.. -Councilman Terry Miller was present and said he represents the people in this district. He called to the attention of the residents the fact that this is a lengthy procedure. He said he was involved in the effort to restrict blowing of train whistles at Grand Trunk crossings. At the time that petition was submitted to the Public Service Commission, the New York Central crossings were discussed. There was mixed feeling on the Commission regarding these crossings. The Conrail track gates are not always operative and there is more of a safety hazard on these tracks. He noted that the problem seems to surface in the spring when people begin opening their windows. Mr. Miller suaaested that the Board t)ursue the procedure with the Public Service Commission and also make contract with Conrail to try to come to an agreement where they would stop blowing whistles continuously through the crossings and especially at night. Mrs. James Beck spoke regarding the matter and said until something is done about the malfunctioning gates and people crossing the tracks when the gates are down, there will continue to be accidents and the P.S.C. will not grant the petition. She said when the P.S.C. checked the accident rate in regard to the petition to stop train whistles on the Grand Trunk crossings, they found there there had only been five accidents since 1933 and none in the past ten years and that was the basis for granting the petition. She also asked that the City inquire about the switching operations on the Conrail tracks since this switching ties up all the crossings. Avis. Thrasher spoke and noted that the trains in the early morning hours blow their whistles excessively and wake people up. She also said the trains stop to allow men to 1 n 151 REGULAR MEETING JUNE 12, 1978 go to a nearby Donut Shop, and this also ties up crossings. Mr. McMahon said the Board intends to take action through the Public Service Commission to correct the situation. He noted that a public hearing would be held before the Commission and he asked that the residents support the City by attending the hearing to give pertinent information to the Commission. He said the City would request that Conrail restrict blowing of whistles to the crossing only and not blow them continuously through the crossing area and would also request that the whistle blowing be kept at a low level at night. Mr. Miller pointed out that there is a State law requiring that trains blow their whistles. Mr. McMahon made a motion that the Board request the Traffic Engineer to make a study of the traffic count and accident rate at the Conrail crossings involved and the City Attorney's Office be asked to proceed with the necessary action to initiate a petition to the Public Service Commission. The motion was seconded by Mr. Mullen and carried. SALE OF CITY -OWNED VEHICLES APPROVED Chief Michael Borkowski submitted a request to advertise for the sale of city -owned vehicles. Fifteen vehicles are to be offered for sale by bid and bids can be submitted on a single unit or block of units. The Chief requested that the Board advertise the sale of the vehicles on June 16 and 23. Bidders can see the vehicles on Tuesday, June 27 between 10:00 a.m. and 2:00 p.m. at the Municipal Services Facility. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board approved the request to advertise for the sale of vehicles, with sealed bids to be received on July 10. ANNOUNCEMENT OF MEETING SCHEDULE Mr. McMahon made a motion that, because the County -City Building is closed on Monday, July 3 and Tuesday, July 4, there be no Board of Public Works meeting that week. All business will be scheduled for the next regular meeting, Monday, July 10. Mr. Mullen seconded the motion and it carried. APPEARANCE OF RESIDENTS RE: ORANGE- COLFAX CONNECTOR A group of citizens was present to discuss the proposed Orange- Colfax connector. Floyd Carter, Vice President of the Near West Side Neighborhood Association, read the following statement: "The Near West Side Neighborhood Organization firmly believes that the City has an obligation to improve the City streets, including Orange and Colfax. The press erroneously stated that I wasn't willing to go with federal funds for street repair. I have no objection to the federal funds for such. Ply objection was that the City has a responsibility, federal funds or no federal funds. Near West Side was led to believe on the May 23, 1978 meeting that unless federal funds were forthcoming, the streets of Orange and Colfax could not be repaired. Some 49 residents bought that logic, pending the written details. Then after receiving inadequate details on June 3, 1978, the residents voted 68 to 2 to reject the compromise plan. The Near West Side has on numerous occasions stated that we oppose diverting traffic from State Road 2 and 20 to the residential streets of Orange and Colfax. We believe that State Route 2 and 20 and Bendix Drive offers adequate traffic routes for the Bendix Corporation which is less than six blocks from both Route 2 and 20 and traffic routes for the Industrial Park. The Sewer Separation Project was financed partly with federal funds and Orange and Colfax was part of that project. The catch basin on Orange and College is completed under that project with the exception of the storm sewers to divert the water to the basin. This work 152 REGULAR MEETING JUNE 12, 1978 was done by Loitz Brothers, the storm sewer contractor, so we ask you to complete the job. The contention that this project will have no adverse effect on neighborhood or is not highly controversial is false. The Indiana State Highway Commission and L. D. Cooper, Chief, Div. of Roadside Development and G. K. Hallock, Chief Highway Engineer, say the following about the impact on the neighborhood, and Richard Boehning, Chairman of the Highway Commission: 1. Reduction of noise and air pollution on Washington but what he did not say was noise and air pollution would be increased on Colfax. 2. Noise levels will.exceed design levels of 70 D.B.A. for residential area. This will increase to 82.6 and 83.3 D.B.A. on Orange and Colfax. 3. Tree removal will be undesirable. On June 5 and 7, 1978, articles in the South Bend Tribune, the Street Maintenance Program, including the Orange- Colfax connector, was proposed by the Mayor. We applaud and welcome the proposal but we are wondering if the promise to the neighbor- hood will be honored. Mr. McMahon and staff, on June 5, 1978, stated that they selected the streets to be improved and based the selection on the condition of the streets and the traffic volume and the maintenance that was done in the past. We deplore the neglect of the past and present mayors, councilmen and Board of Public Works over the past ten years on the repair of Orange - Colfax. We question why we are not at the top of the priority list, rather than number sixteen. We regret and deplore having been given the choice of residential character destruction and street repair or retention of residential character and no foreseeable street repair. We gave the Mayor the neighborhood request as the mayor requested. I hope he relayed the request to you. I hope the Board of Public Works will act on our request. We also hope the mayor will give prompt action as promised. " Mr. McMahon said the City has received the requests of the neighborhood association. If the federal government will not agree to make modifications in the plan, then the area will have to compete with all other areas in the City for the money available. This project would use the equivalent of a full year's budget for street repairs. The money would have to be appropriated by the Common Council. Mr. Carter said the City has done no repair work on these streets over the past ten years and Mr. McMahon pointed out that, over that period, it was anticipated that the Orange- Colfax project would be pursued. It was not until this spring that there was any question that it would not be pursued. Councilman Terry Miller asked whether the Model Cities organization had recommended the plan. Mr. Carter said Model Cities did recommend the plan. Councilman Miller said he was concerned about the opposition of the residents now. He said the objection to arterial streets in the neighborhood is unfounded and pointed out examples of such arterials in other neighborhoods, such as Colfax, LaSalle, Rockne, Madison, Jefferson and Mishawaka Avenue. These street improvements have increased property value and have not had an adverse effect on the neighborhoods. Mr. Carter expressed concern that traffic from State Road 2 and U. S. 20 will be diverted. Mr. McMahon said this is a misstatement. Highway officials have indicated they will abandon State Road 2 and U. S. 20 when the by -pass is completed. This only means the roads will revert to local control, but traffic will not be diverted to the connector. The Board was asked about the removal of trees and no parking where the street is to be widened. Mr. McMahon said that where the street has to be widened to fifty -two feet, this will have to be done, but plans now are to leave Colfax as it is east of Elm Street. Orange Street would be fifty -two feet, curb to curb and west of Elm it would have to be widened. Mr. Carter 1 n REGULAR MEETING 153 JUNE 12, 1978 asked if the width of the street could be left at thirty -two feet. Mr. McMahon said federal guidelines would not permit the work without widening the streets, but would include sidewalk, curb, sewer and street improvements. Councilman Miller said he objected to the charge that no work has been done in the neighborhood and pointed out that Linden Avenue was radically improved recently. Mr. McMahon pointed out that the Model Cities Sewer Project was completed and streets and curbs in the area were constructed where funds were available. Johnson Street and Fassnacht Street were included in the street and sewer work. Residents questioned additional truck traffic in the area and said signs have been posted prohibiting truck traffic from 10:00 p.m. to 6:00 a.m. Mr. Brunner said there will not be inter -city truck traffic permitted. However, truck traffic making local deliveries is permitted on any street. Mr. Brunner then pointed out that the Board is receptive to the views of the neighborhood. It was the City's view that this project conceived six years ago would be pursued. The residents have now made concise objections for not having: the project go through. He said the City responds affirmatively to requests of the neighborhood associations when it is possible. The City has not had a consensus of what the neighborhood wants and conflicting opinions have been expressed. The City will respond as quickly as possible when a consensus has been received. Councilman Miller said a substantial amount of money has been spent in that neighborhood. He noted if the residents only want Orange and Colfax repaved, the City could apply slurry seal and the federal money could be used in other areas, such as in the third district where sewer separation is needed. Mr. Carter said the residents would like the improvements made without any strings attached. Mr. Brunner said there has been a lack of 'communication between the City and the residents and asked that someone from the City be invited to attend any meetings were the project is discussed. Per. McMahon then suggested that the residents meet with David A. Wells, Manager of the Bureau of Design and Administration to discuss the alternative plan. Mr. Willis, 1119 W. Colfax called attention of the Board to the fact that a tree was killed in the parkway in front of his residence because the roots were going into the sewer. He said he does not feel it is his responsibility to remove the dead tree. Mr. McMahon said the Board would look into the matter. Following the meeting with Mr. Wells, Mr. Dennis Moran and Mr. Willis returned to the Board meeting Mr. Moran said it was his feeling that the residents were not agreeable to the use of federal money if it meant the streets were to be widened. He said he felt the residents needed to see an actual proposal on paper before they could judge what was to be done. Mr. McMahon said such a proposal could be prepared. Mr. Willis said he wanted the street improvements and would go along with the widening and parking restrictions if there was no other way. He said he felt the Mayor had been fair in giving the neighborhood an alternate plan for consideration. NOTIFICATION OF ASSIGNMENT OF VEHICLE NUMBERS FILED Chief Michael Borkowski submitted to the Board a schedule of reassignment of police vehicle numbers because of the new vehicles acquired. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the notification was filed. BID ADVERTISING APPROVED - FIRE DEPARTMENT AIR COMPRESSOR Chief Oscar Van Wiele submitted specifications for an air compressor for the Fire Department and requested that the Board authorize bid advertising. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the request was approved and the Clerk was directed to advertise, with sealed bids to be received on June 26. 154 REGULAR MEETING JUNE 12, 1978 PUBLIC HEARING ON REVENUE SHARING REQUEST This was the date set for holding a pub is hearing on a revenue sharing fund request.,.in the amount of $49,000 for Police Department Data Processing. 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. In accordance with the guidelines established for such revenue sharing requests, information about this public hearing was forwarded to the following senior citizen groups with the request that the notice be published for the members: Foster Grandparents, Hansel Neighborhood Center, Harvest House Centers, Howard Park Senior Citizens' Center, R.E.A.L. Services, Retired Senior Volunteer Program and Senior Citizens' Group of LaSalle Park. There were no citizens present who wished to speak on the matter and no written comments were filed with the Board.. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the public hearing was closed and the information will be transmitted to the Controller's Office and the Common Council along with the minutes of this public hearing. CHANGE ORDER NO. 1 APPROVED - REHABILITATION OF N.E. CENTER James Harcus Director of the Bureau of Housing, submitted to the Board Change Order No. 1 in.the contract with Tom Ford Home Improvement Company, for the rehabilitation of the Northeast Neighborhood Center. The Change Order increases the contract by $614.90, making the total contract amount $19,953.10. A detailed list of the changes which included carpenter work and plumbing changes was included in the Change Order. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Change Order was approved. REVENUE SHARING PUBLIC HEARING SCHEDULED The Controller's Office submitted a request to schedule a public hearing on the balance of revenue sharing funds for 1978. The total unappropriated amount as of June 1, 1978 was $627,211.72. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Board scheduled a public hearing on the revenue sharing funds for Monday, June 26, 1978. FILING OF ASSESSMENT ROLL - VACATION RESOLUTION NO. 3456 Patrick M. McMahon, Civil City Engineer, files an Assessment Roll for Vacation Resolution No. 3456 for the vacation of the east- west alley between Wayne and Jefferson, running west from Lafayette to the first north -south alley. The petitioner is Gurley - Leep Buick. The following property may be injuriously or benefially affected by such vacation: Lot Nos. 399 and 400, Original Plat of South Bend. The Assessment Roll lists $0.00 net damages and $0.00 net benefits. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Assessment Roll was filed and set for public hearing on July 10, 1978. CONTRACT FOR MUSEUM LIGHTING APPROVED The Contract with Colip Brothers, Inc. for the Museum Lighting for Discovery Hall in Century Center was submitted to the Board. The contract is in accordance with the bid accepted by the Board in the total amount of $21,404.00. A Performance Bond was also submitted. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the contract was approved and the bond filed. 155 REGULAR MEETING REQUESTS FOR BLOCK PARTIES FILED JUNE 12. 1978 The Board received the following requests for Block Parties: A. Request from Susan Mueller to hold a Block Party on Saturday, June 24 from 5:30 p.m. until 11:00 p.m. on Sunnyside Avenue, from East Wayne South to East Wayne.North in connection with the Special Olympic Tennis Celebration. B. Request from Tina VanDePutte to hold a Block Party on Tuesday, July 4 from 3:00 p.m. until 11:00 p.m. in the 1800 block Marine Street. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the requests were referred to the Bureau of Traffic and Lighting for review and recommendation. FILING OF PETITION TO VACATE ALLEY, 1500 BLOCK MIAMI STREET Phyllis W. Feldman files a petition to vacate the alley between 1505 Miami and 1509 Miami, Purpose of the petition is to allow the property owner to improve parking facilities for an existing business. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the petition was filed and referred to the Department of Engineering and the Area Plan Commission Staff for review and a recommendation. PROPOSAL FOR PIGEON CONTROL AT PIER PARK ACCEPTED Mr. McMahon advised the Board that a problem is occurring with regard to pigeons at Pier Park. Indiana Terminix who was awarded the bid to provide pigeon control on River Bend Plaza has now submitted a proposal to provide pigeon control on the walkway at Pier Park for the sum of $160.00 for the period June through October, 1978. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the proposal was accepted. TAXI LICENSE DENIAL RECOMMENDATION APPROVED Peter H. Mullen, City Controller, advised the Board that he has reviewed the Police Department recommendation that the application of John Finneran for a taxi license be denied and he concurs in the recommendation. The recommendation is based on Mr. Finneran's extensive driving record and the fact that he falsified his application. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the recommendation for denial was approved, with Mr. Brunner abstaining. POOL HALL LICENSE DENIED Peter H. Mullen, City Controller, advised the Board that he has reviewed the application of J. Findlay May for a pool hall license at 1416 Linden Avenue and is recommending denial, pending a public hearing by the Board. Mr. Mullen said his decision was based on the concern expressed by residents of the area that the operation of a pool hall in the neighborhood would present a public safety problem. A public hearing will provide an ooportunity to hear all evidence bearing on the decision. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, with Mr. Mullen abstaining, the pool hall license was denied and the Board set Monday, June 19, 1978 at the regular meeting of the Board as the date for a hearing on the matter. 15 E' REGULAR MEETING EASEMENT AGREEMENT APPROVED - LA SALLE SQUARE JUNE 12, 1978 An easement agreement was submitted to the Board by LaSalle Square, Inc., developers of a shopping center at Bendix Drive and Ardmore Trail. Also submitted was a performance bond covering the project. The Department of Engineering reviewed the legal description in the easement and Deputy City Attorney Terry A. Crone reviewed the easement and found it be acceptable as to form and legality. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Board approved the easement agreement which will be recorded and filed the Maintenance Bond. CARPETING BID ACCEPTED Richard Welch, Director of Discovery Hall Museum, reported to the Board that the bid received for Museum Carpeting had been reviewed. Because of a lack of sufficient funds to carpet the entire floor area, Mr. Welch recommended that only the lobby and stairway be carpeted at this time and that the bid of Interior Finishes, Inc., the low and only bid be received, be accepted for carpeting the lobby and stairway only, at a total bid price of $1,705.00. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Board approved the recommendation, subject to funding. REQUEST FOR ENCROACHMENT ON RIGHT -OF -WAY APPROVED The Board received a request from City Awning Coi of the National Bank & Trust Company to encroach sidewalk at 112 W. Jefferson Blvd. by installing Upon motion made by Mr. McMahon, seconded by Mr. the request was approved, subject to approval of Traffic and Lighting and the Building Department of a Certificate of Insurance. OPEN AIR STAND LICENSES APPROVED upany on behalf on the public a canopy. Mullen and carried, the Bureau of and to the filing Applications from Frank Perri to operate Open Air Stands at Ireland and Miami and U. S. 31 and Ireland Road for the sale of fireworks were submitted to the Board, along with the permission of the private property owners to allow the stands. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried the applications were approved, subject to securing the vending licenses. ADOPTION OF RESOLUTION NO. 9, 1978 Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the following resolution was adopted: RESOLUTION NO. 9, 1978 BE IT RESOLVED by the Board of Public Works of the City of South Bend, Indiana that Patrick M. McMahon, President of the Board of Public Works and Director of the Department of Public Works, is hereby authorized to sign the Certificates of Substantial Completion for Century Center. Adopted this 12th day of June, 1978. ATTEST: s/ Patricia DeClercq BOARD OF PUBLIC WORKS s/ Patrick M. McMahon s/ Thomas J. Brunner, Jr. s/ Peter H. Mullen REGULAR MEETING JUNE 12, 1978 1 �� CENTURY CENTER CHANGE ORDERS,AP.PROVED Patrick M. McMahon, Director of Public Works, submitted the following Change Orders in Century Center contracts for consideration: Contract No. 012 - Roofing and Flashing - Slatile Roofing Company Change Order NO. 4 - Deduct $254.00 - Miscellaneous modifications to flashing and material changes. Contract No. 016 - Roll -up Doors - Overhead Door Company Change Order No. 1 - Deduct $132.15 - To replace fireproofing Contract No. 021 - Ceilings, Fireproofing, Plaster - Gibson - Lewis, Inc. Change Order No. 9 - Add $2,875.88 - $488 for window revision in Theater, $2,325.88 for reimbursable Fireproofing and $62 for Kitchen rough -in by Hotel /Motel Board Contract No. 022 - Carpet & Tile - Change Order No. 3 - Add $2,080.00 Change Order No. 4 - Add $3,865.00 Change Order No. 5 - Add $9,349.36 Total $15,294.36 Interior Finishes, Inc. - Green Room carpet selection - Additional cost for Administrative Office carpet selection - Overrun of carpet quantity above contract allowance Contract No. 038 - HVAC - Slutsky -Peltz Plumbing & Heating Co. Change Order No'. 12 - Add $4,533.00 - Revisions to coils due to elimination of.Glycol, "D" Building and "C" Building sheet metal revisions necessary to resolve field conflicts. Contract No. 041 - Plumbing - E. J. White Plumbing & Heating Co., Inc. Change Order No. 8 - Deduct $52.86 - Replacement of Fireproofing Change Order No. 9 - Add $7,665.00 Additional kitchen water heaters - by Hotel /Motel Board. Total $7,612.14 Contract No. 043 - Electrical - Koontz - Wagner Electric Co., Inc. Change Order No. 13 - Deduct $660.76 - Replacement of Fireproofing Contract No. 044 - 'Sound System - Indiana Electronics, Inc. Change Order No. 1 - Add $1,872.48 - Miscellaneous additional equipment Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Change Orders were approved. CENTURY CENTER BILLINGS FILED Patrick M. McMahon, Director of Public Works, submitted to the Board a summary of Century Center billings through June 14, 1978. The summary indicated payments to date of $6,588,849.71. Mr. McMahon noted that most contracts have now been paid up to the retainage amount. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the payment summary was filed. PATRICK MC MAHON AUTHORIZED TO SIGN CERTIFICATES OF APPROVAL Certificates of Approval for E.D.A. funded contracts for Century Center for Christman Construction Company, Edward J. White, Harold J. Becker Co., and O'Neal Trucking Company were submitted to the Board. Upon motion made by Mr. Mullen, seconded by Mr. Brunner and carried, the Board authorized Mr. McMahon to sign the certificates on behalf of the Board. 158 REGULAR MEETING JUNE 12, 1978 FILING OF PETITION FOR SEWERS The Bureau of Design and Administration submitted to the Board a letter and petition from the Hickey Company for the improvement of Riverside Drive near Riverside Place by construction of sanitary sewers. Mr. McMahon noted that this is in one of the last areas of the City without sewers. The residents were offered a proposal under Barrett Law but turned it down. It now appears there is interest in the sewer construction. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the petition was filed and the Board directed the Bureau of Design and Administration to prepare the Improvement Resolution, preliminary plans, engineers stimate and preliminary assessment roll. REQUEST FOR TWO HOUR PARKING ZONE, 1400 MISHAWAKA AVE. DENIED Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, reported that he had reviewed the request of residents to install a two -hour parking zone in the 1400 block Mishawaka Avenue. In the past, time limit parking has been restricted to installations where business places are located. Such a parking restriction, if installed, would apply to home owners in the area also. Mr. Wadzinski recommended that the Board deny the request in conformance with past policy in such matters. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board approved the recommendation to deny the request. AMERICAN DIABETES ROUTE FOR BIKE- A -THON APPROVED The route for the American Diabetes Association Bike- A -Thon to be held on Sunday, October l was reviewed by the Bureau of Traffic and "Lighting and the Police Department Traffic Detail. Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, reported to the Board that the portion of the route within the City limits of South Bend is approved. He noted that the organization should contact the County Commissioners regarding the route in the county and should also contact Captain Sweitzer and Donald Germann two weeks before the event to coordinate traffic control. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the recommendation was approved. BLOCK PARTY APPROVED FOR JULY 2 Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, reported to the Board that the request of Neal Cason to hold a Block Party in the 500 -600 blocks of Ostemo Place on July 2 from noon until 7:OO p.m, had been reviewed with the Police Department and they recommend approval. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the block party was approved. ROUTE FOR FOOT RACE APPROVED Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, reported to the Board that the revised route for the Fourth of July Foot Race beginning on River Bend Plaza at 9:00 a.m. had been reviewed with the Police Department and approval is recommended. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the recommendation was approved. BOND APPROVED Ray S. Andrysiak, Bureau of Engineering, reported to the Board that the Excavation Bond of the LaFree Excavating Company submitted for approval is properly executed and on the proper City form. He recommended approval. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the bond was approved. 15 c REGULAR MEETING TRAFFIC CONTROL DEVICES APPROVED JUNE 12, 1978 Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, submitted to the Board the following recommendations for traffic control: A. Install No Parking Zone, West Side of Columbia Court B. Revise 2 hour Parking to 30 minute parking - 2801 Mishawaka Avenue, at the request of a business at that address to allow for turnover of parking. C. Install Stop Sign on St. Joseph at Marion Street. D. Revise 2 hour Parking to 30 Minute Parking at 802 S. Main Street to provide for turnover in parking. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the installations were approved. CLAIMS APPROVED Michael L. Vance, Deputy City Controller, submitted to the Board Claim Docket Numbers 10479 through 11019 and recommended approval. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the claims were approved and checks for payment were ordered issued. STREETLIGHT OUTAGE REPORT FILED The Street Light Outage Report for the period June 3 through June 6 was submitted to the Board. The report indicated eighteen outages. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the report was ordered filed. APPROVAL OF CONTRACT - FOURTH OF JULY FIREWORKS The contract with the Princess Fireworks Company for the Fourth of July Display on River Bend Plaza was submitted to the Board. The contract is in the amount of $7,500.00. A list of the displays to be presented was attached to the contract as Exhibit A and Exhibit B and are made part of the contract. The permit from the State Fire Marshal has been received and the Certificate of Insurance has been filed with the Board. Deputy City Attorney Terry A. Crone advised the Board that the contract has been reviewed and can be approved. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Contract 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 12:05 p.m. ATTEST: Patricia DeClercq, Clerk