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HomeMy WebLinkAbout06/19/1978 Board of Public Works Minutes160 REGULAR MEETING JUNE 19, 1978 A regular meeting of the Board of Public Works was convened at 9:30 a.m. on Monday, June 19, 1978 by Patrick 71. McMahon, President, with Mr. McMahon and Mr. Mullen present. Deputy City Attorney James A. Masters was also present. MINUTES OF PREVIOUS MEETING APPROVED Mr. Mullen reported that he had reviewed the minutes of the June 12, 1978 meeting of the Board and he made a motion that the minutes be approved as submitted. Mr..McMahon seconded the motion and it carried. OPENING OF BIDS - CHIP AND SEAL ROADWAY SURFACING This was the date set for receiving bids for Chip and Seal Roadway Surfacing on various streets. 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: Rieth -Riley Construction Co. South Bend, Indiana Bid - Base Bid $.48 per square Sweeping of Aggregate Net Bid Walsh & Kelly, Inc. South Bend, Indiana Bid - Base Bid $.35 per square Sweeping of Aggregate Net Bid Bid was signed by Richard Ruhlman, non - collusion affidavit was in order and a 5% bid bond was submitted. yard - $35,040.00 7,900.00 - $42,940.00 Bid was signed by Thomas 0. Walsh, non - collusion affidavit was in order and a 5% bid bond was submitted. yard - $25,550.00 8,014.00 - $33,564.00 Upon motion made by Mr. McMahon, seconded by Mr. *lullen and carried, the bids were referred to the Department of Public Works for review and recommendation. PUBLIC HEARING CONTINUED - DENIAL OF POOL HALL LICENSE 1416 LINDEN This was the date set for a public hearing on the denial of the application of J. Findley May to operate a pool hall at 1416 Linden Avenue. It was recommended by City Controller Peter H. Mullen, in concurrence with the Police Department, that the license be denied and Mr. May was notified by certified mail that a hearing would be held on this date on that denial. Mr. May was not present and the return receipt showing delivery of the certified letter has not yet been returned to the Board. Councilman Walter Szymkowiak was present and advised the Board that petitions bearing the signatures of three hundred residents—of the area have been submitted in opposition to granting of the pool hall license. Mr. Szymkowiak said it has been his experience in the past that having such an operation causes disturbances in the neighborhood. He pointed out that the King Center provides recreational opportunities for the youth in the area as well as for senior citizens. He said there is no need for another pool hall. Such an operation might cause problems for the Police Department and would cause a nuisance for neighborhood residents. Mr. Szymkowiak said he was opposed to granting the license. Deputy City Attorney James A. Plasters said proof of delivery of the certified notice to Mr. May was required in order to hold a hearing. Mr. Mullen made a motion that the Board continue the hearing for one week and that Mr. May be notified of the continuance. Mr. McMahon seconded the motion and it carried. REGULAR MEETING VACATION RESOLUTION NO. 3460 AMENDED AND CONFIRMED JUNE 19, 1978 161 This was the date set for holding a public hearing on Vacation Resolution No. 3460, 1978 for the vacation of a perpetual easement over and upon sixteen (16) feet of the east side of the entire length of Lot Numbered Forty (40) in College Grove Addition. 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 petitioner, St. John's Missionary Baptist Church, had petitioned last year for the vacation of two alleys and a portion of a street. They neglected to include in that petition a perpetual easement along Lot Forty. The Resolution before the Board today covers only that easement. The Department of Public Works has indicated that no easement rights need to be retained with regard to this petition. Denuty City Attorney Terry A. Crone has reviewed the petition and recommends favorable action. Mr. McMahon then noted that Melvin Reed, Attorney for the petitioner, advised the Board office that he would be out of town and unable to attend this hearing but he requested that the Board act favorably on the petition. Mrs. Mary Evans and Mrs. Mildred Sutherland inquired about the location of this easement in relation to property they own. Mr. McMahon displayed a drawing of the proposed vacated area indicating the proposed easement vacation did not affect either lot. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Board amended the Vacation Resolution by deleting the reservation of utility easements statement and confirmed the amended Resolution, directing that an Assessment Roll be prepared. NOTIFICATION RE: PURCHASE OF FIRE DEPARTMENT HOSE DRYER Fire Chief Oscar Van Wiele submitted to the Board notification regarding the purchase of a hose dryer for Fire Station #6. When bids were received for the station, two bids for this equipment were submitted. One bid was not on a proper bid form and one bid was improperly executed so both bids were rejected. Since the amount of the proposed purchase is under the $5,000 amount requiring sealed bids, the Board had instructed the Fire Department to investigate purchase of the equipment. Chief Van Wiele noted that the Board received a price quote and has arranged to purchase the equipment from Midwest Fire and Safety Equipment Company at a total cost of $4,973.15. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the notification was ordered filed. REPORT ON REQUEST TO INSTALL PORTION OF HIGHLAND AVENUE Mr. McMahon reported that an inquiry was received from James Lahey requesting that the City install a portion of Highland Avenue. The following report was submitted: "In regard to Mr. Lahey's letter of May 22, 1978 about the lack of a street on Highland Avenue, we have made an investigation of this matter. For reference, the following points appear relevant: 1. Highland Park, 2nd Addition to the City was recorded in 1923. At that point in time, it was not necessary for the developer to install any public improvements. 2. Highland Avenue extends from Carlisle Street to a point about 132 feet west of the west right -of -way line of Phillipa; Highland Avenue does not go through to Olive Street. 162 REGULAR MEETING JUNE 19. 1978 3. Residents on Carlisle Street installed sewers by Barrett Law in 1930, water mains were installed a few years later and a Class "C" pavement by Barrett Law in 1968. Residents on Phillipa, Highland and Hillside invested nothing for public improvements up to this date. 4. Over the years, the Street Department has made efforts of varying degree to establish a passable lane. These efforts are usually in response to local requests. 5. In response to what the Engineering Department perceived as a serious public health problem, we developed a proposal for Barrett Law sewers in this area. The project, as proposed and if installed,.would have provided sewers and streets for these people. The Board may recall that the residents declined to accept the 50 -50 offer of the City and Dr. McCraley, the County Health Officer, to order the sewer installation. This activity took place in 1976. Based on the above, we believe Mr. Lahey and the rest of the property owners in this area have a situation that is under their control to change by the mechanism of Barrett Law. If Mr. Lahey can find a majority of property owners in the area who believe as he does in public improvements, then the Engineering Department is ready and willing to pursue this matter to a successful conclusion. We have every confidence that the Board is equally anxious to do whatever is possible for these residents. Very truly yours, s/ David A. Wells, P. E. Manager, Bureau of Design and Administration Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the report was filed and the Board ordered a copy sent to Mr. Lahey. TENT SALE APPROVED The Board received a request from Eslinger Furniture Company to hold a tent sale on their property at 2701 S. Michigan Street, from June 29 through July 31. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Board approved the tent sale, subject to securing a permit from the Building Department and to all requirements of the Fire Inspection Bureau and the Bureau of Traffic and Lighting. AGENDA ITEM ADDED - REQUEST FOR TENT SALE — SALE APPROVED Mr. McMahon noted that a request from Montgomery Ward for a Tent Sale was received after the posting of the agenda. He made a motion that the item be added to the agenda at this time. Mr. Mullen seconded the motion and it carried. Montgomery Ward submitted a request to hold a Tent Sale from June 12 through June 26, noting that they were not aware they needed a permit at the time the Tent Sale began. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Board approved the Tent Sale, subject to securing a permit from the Building Department and to all requirements of the Fire Inspection Bureau and the Bureau of Traffic and Lighting. REGULAR MEETING COUNTER -OFFER FOR SALE OF 1 JUNE 19, 1978 BLAINE AVENUE ACCEPTED 163 The Board offered for sale the city -owned lot at 1038 Blaine Avenue at an offering price of $840.00. Jack S. Cook has now submitted an offer of $600 for the lot. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried., the Board approved the counter -offer subject to approval of the Common Council. REQUEST FOR SEWER SERVICE FILED Lewis Smogor, 2109 E. Edison Road, submitted to the Board a request for investigation of availability of sewer service to the property at that address. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the request was referred to the Bureau of Design and Administration for review and preparation of a preliminary improvement resolution, engineer's estimate and assessment roll. PETITION TO VACATE ALLEY FILED Elizabeth Memorial Church of God in Christ files their petition to vacate the alley from Lincolnway West south to the first east -west alley between Walnut and Diamond. Purpose of the requested vacation is to provide for expanded parking facilities for the church for the safety and convenience of parishioners. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the petition was filed and referred to the Department of Engineering and the Area Plan Commission staff for review and recommendation. FILING OF ASSESSMENT ROLL - VACATION RESOLUTION NO. 3459 Patrick M. McMahon, Civil City Engineer, files an Assessment Roll with respect to Vacation Resolution No. 3459 for the vacation of Franklin Street from Western Avenue north to Wayne Street. 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. 1, 2, 3, 4, 5 and 6, Vail's Addition. Lot Nos. 17, 18, 19, 20, 21 and 23, Southwest Addition. Total Net Damages - $0.00. Total Net Benefits - $0.00. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Assessment Roll was filed and set for public hearing on Monday, July 17, 1978. BID AWARD AND APPROVAL OF CONTRACT - ANGELA HILL RECONSTRUCTION Mr. McMahon noted that bids were received for the reconstruction of Angela Hill last week. A bid tabulation was prepared by the Engineering Department and submitted to the Board. The Ziolkowski Construction Company was the.low bidder at $264,220.37, with the alternate for asphalt pavement - $149,194.38. Mr. McMahon reported that the Engineering Department made a careful study of the bids and of the construction and is now recommending that the contract be awarded to Ziolkowski Construction Company, subject to a change order which specifies using concrete pavement for the hill construction, with asphalt pavement from the top of the hill to the intersection at Michigan Street. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Board awarded the bid to the Ziolkowski Construction Company based on their original base bid, plus Change Order No. 1, making the total net award $171,613.11. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, Change Order No. 1 was approved and the contract signed. REGULAR MEETING STREET LIGHT RECOMMENDATION APPROVED JUNE 19, 1978 Joseph J. Pluta, Assistant Manager of the Bureau of Traffic and Lighting, submitted to the Board the following street light recommendations: On Dorwood Court - 7,000LMV UG CONC. $8.29 1314 E. Indiana, at alley intersection 7,000LMV WOOD $4.80 On O'Brien South of Fredrickson 7,000LMV WOOD $4.80 Total Monthly Increase $17,89 Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the recommendation was approved. BLOCK PARTY APPROVED - 1800 BLOCK MARINE STREET The Bureau of Traffic and Lighting reported review of the request to block the 1800 block Marine Street for a Block Party on July 4 from 3:00 p.m. to 11:00 p.m. The Police Department was consulted and concurs that approval can be given. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the block party was approved. BLOCK PARTY APPROVED - SUNNYSIDE AVENUE The Bureau of Traffic and Lighting reported review of a request to hold a block party on Sunnyside Avenue, from East Wayne South to East Wayne North on Saturday, June 24 from 5:00 'p.m. to 11:00 p.m., with June 25 to be the rain date. The Police Department was consulted and concurs that approval can be given. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the block ■ party was approved. BLOCK PARTY APPROVED - GEORGIAN DRIVE The Bureau of Traffic and Lighting reviewed the request of Mrs. Jacqueline Rose to block Georgian Drive East of York Road and to block York Road from Berkshire Drive south to 5639 York Road. Mr. Wadzinski reported that, after conferring with the Police Department, it was recommended that the blocking of Georgian Drive east of York Road could be approved. It was recommended that the blocking of York Road be denied because this is the major collector street for the Scottsdale - Kensington Farms Subdivisions and is a through street connecting Kern northerly to Byron Drive, as well as Ireland Road. Any emergency vehicles responding to calls in and around the area would be required to take large, unnecessary time - consuming detours if York Road was closed. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Board approved the closing of Georgian Drive, east of York Road for two blocks, on Tuesday, July 4 from 10:00 a.m. to 10:00 p.m., and denied the request to close the portion of York Road included in the request. APPROVAL OF TEMPORARY WALKWAY - CONSTRUCTION AT MEMORIAL HOSPITAL Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, reported that he had reviewed the request of the Sollitt Construction Company for pedestrian traffic control around the construction site for the Memorial Hospital Office Building at the corner of Bartlett and Michigan Streets. He recommended that a covered walkway be installed west of the parking lane on Michigan Street from Bartlett Street approximately 200' south to reroute and protect pedestrian traffic and the pedestrian traffic be 165 REGULAR MEETING JUNE 19, 1978 prohibited from the South Side of Bartlett, from Michigan Street to the first alley west of Michigan and all pedestrian traffic be directed to the north sidewalk on Bartlett Street during the construction Period. Mr. Wadzinski recommended that the approval be conditioned upon the contractor conforming to all requirements of the Building Code with regard to this construction and the temporary walkway. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the recommendations for pedestrian traffic control were approved, subject to all requirements of the Building Department and Municipal Code. PARKING REQUESTS FOR FOURTH OF JULY AND ETHNIC FESTIVAL APPROVED Joseph Paszli, Manager, Parking Garages, submitted the following parking recommendations for the Ethnic Festival on Saturday and Sunday, July 1 and 2 and on July 4: 1. Parking in both the Colfax and Jefferson garages to be free on Saturday, July 1 and Sunday, July 2, from 8:00 a.m. to 7:00 p.m. 2. Parking to be available in the city -owned flat lots on Saturday, July l and Sunday, July 2. 3. Both parking garages to open at 6:00 p.m. on Tuesday, July 4, with a flat rate of 75� per car to be charged for the Fireworks Display. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the requests were approved. RIVER BEND PLAZA REQUESTS APPROVED Mikki Dobski, River Bend Plaza Director, submitted the following requests for the Board's consideration: 1. Request to hold Ethnic Festival on River Bend Plaza on Saturday, July 1 and Sunday, July 2, from 11:00 a.m. to 7:00 p.m. 2. No Parking in the Supergraphic Block (100 block North and South Michigan) on June 30, July 1 and July 2. 3. Street Closings - Washington Street, from Service Court #5 to Rasmussen's Court. Service Court #5 to be one -way southbound during the Festival. Vendors will enter Festival on Washington from St. Joseph. 4. Parking of the Park Department Showmobile after 6:00 p.m. on Friday, June 30 and through Tuesday, July 4 at the Southeast corner of Michigan and Washington. 5. Southwest corner of Michigan and Washington to be blocked for a Fire Truck to standby during the Fireworks Display at dusk on Tuesday, July 4. 6. City vending license fee to be waived for participants in the Ethnic Festival. Upon motion made by Mr. McMahon, eeconded by Mr. Mullen and carried, the requests were approved. 166 REGULAR MEETING JUNE 19, 1978 Thomas J. Brunner, City Attorney, joined the meeting at 10:10 a.m. APPROVAL OF ETHNIC FESTIVAL BOOTH APPLICANTS Mikki Dobski, Director of River Bend Plaza, submitted to the Board the following applications for booths for the Ethnic Festival on July 1 and 2: FOOD BOOTHS John Adams Band and Orchestra Boosters Gloria Dei Lutheran Church Jewish Community Council German Men's Social -Sick Benefit Club El Campito and L.U.L.A.C. American Lung Association Earl Colglazier Vietnamese La Casa De Amistad St. Andrew's Greek Orthodox Church Hungarian Fraternal Society UNICO Circle of Serbian Sisters Central Polish - American Organization Footsteps, Inc. Our Lady of Hungary Family Affairs Shirley Sells Delta Sigma Theta, Inc. CRAFT AND DISPLAY BOOTHS Boland Klein Bahai's of South Bend John and Louise Nagy South Bend Chess Club Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the applications were approved, subject to the filing of Health Department Permits and Certificates of Insurance where applicable. APPROVAL OF FIREWORKS STAND ON RIVER BEND PLAZA Mikki Dobski, Director of River Bend Plaza, submitted to the Board the application of Frank Perri to operate a Fireworks Stand on River Bend Plaza from June 23 through July 4, along with, her favorable recommendation. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the application was approved, subject to securing the necessary City vending license and filing a Certificate of Insurance with the Board. SUMMER ACTIVITIES ON RIVER BEND PLAZA APPROVED Mikki Dobski, Director of River Bend Plaza, submitted the following list of activities for consideration: 1. Frisbee Tournament on July 12, for one and one -half hours, with the time to be established. It will be required that there be no parking in the block between Colfax and Washington for the event. REGULAR MEETING JUNE 19, 1978 2. Two -Bit Theatre Production on July 26 at 11:30 a.m. Sponsored by the Park Department. 3. Magic Show on July 8. All day. 10 booths with on -going demonstrations and a magic show every other hour, in the block between Jefferson and Wayne. 4. Paper Drive on July 8 from 9:00 a.m. to 4:00 p.m. Sponsored by the Youth Services Bureau. This will provide jobs for six to eight youths and will aid in community clean -up. A paper truck will be parked in the Supergraphic Block, so parking will have to be restricted that day. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board approved the activities, with the parking restrictions to be coordinated with Ralph Wadzinski and Captain Sweitzer. BLOCK PARTY REQUEST FILED - SUNNYMEDE AVENUE The Board received a request from Margurite Peters to block the 1300 to 1500 blocks Sunnymede Avenue on July 7 (raindate July 8) from noon to midnight. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the request was referred to the Bureau of Traffic and Lighting and Police. Department for review and recommendation. BLOCK PARTY REQUEST FILED - 1400 BLOCK HAMPSHIRE David M. Nowak requested that the Board approve the the 1400 block Hampshire Drive for a Block Party on 1978 from noon until midnight. Upon motion made by seconded by Mr. Mullen and carried, the request was Bureau of Traffic and Lighting and Police Departmen recommendation. BLOCK PARTY REQUEST FILED - LA SALLE STREET 16( blocking of Saturday, July 1, Mr. McMahon, referred to the t for review and The Board received a request from R. H. Metzcus for the blocking of LaSalle Street, between Jacob and Twyckenham, for a Block Party on Sunday, July 2 from 1:00 p.m. until midnight. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the request was referred to the Bureau of Traffic and Lighting and Police Department for review and recommendation. APPROVAL OF CLAIMS Michael L. Vance, Deputy City Controller, submitted to the Board Claim Docket Numbers 110120 to 110786 and recommended approval. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Board approved Claim Docket Numbers 110120 to 110786 and directed that checks for payment be issued. BOND APPROVED Ray S. Andrysiak, Bureau of Engineering, transmitted to the Board the Contractor's Bond for Ram Concrete Company and advised that it was properly executed and could be approved. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the bond was approved. 168 REGULAR MEETING STREET LIGHT OUTAGE REPORT FILED JUNE 19, 1978 The Street Light Outage Report for the period June 4 to June 13 was submitted to the Board. The report indicated fifty -one outages. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the report was ordered filed. CONTRACT WITH LARRY STUCKER PRODUCTIONS TABLED A contract between Discovery Hall and Larry Stucker Productions for the development of an audio - visual program was submitted to the Board by Richard Welch, Director of Discovery Hall Museum. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the contract was tabled for one week and referred to the Legal Department for review and recommendation. 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 10:45 a.m. ATTEST: Patricia DeClercq, Clerk / �J u