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HomeMy WebLinkAbout09/25/1978 Board of Public Works Minutes256 REGULAR MEETING SEPTEMBER 25, 1978 A regular meeting of the Board of Public Works was convened at 9:30 a.m. on Monday, September 25, 1978 by President Patrick M. McMahon, with Mr. McMahon and Mr. Brunner present. Deputy City Attorney Terry Crone was also present. AGENDA ITEM ADDED Mr. McMahon reported that a recommendation on the American Cancer Society request for a solicitation at various intersections was received after the posting of the meeting agenda. He made a motion that the recommendation be added at this time. Mr. Brunner seconded the motion and it carried. MINUTES OF PREVIOUS MEETING APPROVED Mr. Brunner reported that he had reviewed the minutes of the September 18th meeting of the Board and he made a motion that the minutes be approved. Mr. McMahon seconded the motion and it carried. FUND SOLICITATION APPROVED - AMERICAN CANCER..SOCIETY The Board received a report from the Bureau of Traffic and Lighting and the Police Department Traffic Detail advising that the request of the American Cancer Society to conduct a fund solicitation at five intersections had been reviewed. Both Bureaus are in concurrence that the following intersections can be approved.: Eddy and Angela, Northside and Sample, Ironwood and Pleasant and Twyckenham and McKinley. It was recommended that approval for the intersection at Edison and Ironwood not be granted. Mr. McMahon noted that the group would be asked to comply with the Guidelines adopted by the Board for such activities and that the time of the solicitation was set for 10:00 a.m. through 2:00 p.m. and they would request no change in those times without notification. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board approved the recommenda- tion to approve the intersections as noted and to-deny the intersection of Edison and Ironwood for the fund drive. PUBLIC HEARING ON IMPROVE14ENT RESOLUTION NO. 3461 This was the date set for holding a public hearing' -on Improvement Resolution No. 3461 for the improvement of the north - south alley east of O'Brien Street, from Humboldt to Elwood, by constructing a concrete pavement. 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. Mr. McMahon noted that this project was initiated by a petition signed by abutting property owners. The Engineering Department has prepared preliminary plans and a preliminary assessment roll showing amounts to be assessed against individual properties if the improvement is made. He indicated he would go over each assessment with property owners present and stated that the average assessment for one lot was $414.54. Mr. Elmer Schlundt, 1310 N. O'Brien Street, said when the petition was circulated in the neighborhood, it was with the understanding that an asphalt alley would be constructed and this would have made the cost lower. Mr. Schlundt pointed out that this is a two -block alley with no street in between. He said the alley has not been properly maintained by the City. Holes which have been filled have now raised the level of the alley to a point where it is higher than private garage approaches and there isa drainage problem. He said most of the property owners are interested in improving the alley but not at the price quoted for concrete pavement. Mr. McMahon noted that the Board was not aware that the petitioners wanted an asphalt alley and said that possibility could be explored if that is what the majority want. He reviewed the Barrett Law procedure indicating that 257 REGULAR MEETING SEPTEMBER 25, 1978 when petitions for such improvements are received, the Board has preliminary plans prepared and holds a public hearing to advise the property owners of the cost of the improvement. If more than fifty -one per cent of the property owners are not in favor of the project, the Board does not proceed. He asked if there was someone present who would be willing to circulate a petition in the neighborhood to determine for the Board if the property owners want an asphalt alley or no alley improvement at all. Mrs. Dorothy Beghtel, 1237 N. Johnson, advised the Board that she had secured signatures on a petition of those property owners who opposed the concrete alley. She said some of those owners are not in favor of any improvement and some might want the asphalt alley after the price is determined. Mrs. Beghtel agreed to get a petition showing the wishes of the property owners in this matter and Mr. McMahon said he would advise Mrs. Beghtel of the approximate cost of asphalt pavement before she circulates the petition. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the public hearing was continued until petitions are submitted to indicate the wishes of the majority of the property owners. VACATION RESOLUTION NO. 3462 CONFIRMED - ASSESSMENT ROLL FILED This was the date set for holding a public hearing on Vacation Resolution No. 3462, 1978 for the vacation of the alley running south from Lincolnway West, between Walnut and Diamond, a distance of 120 feet. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri- County News which were found to be sufficient. Rev. Willie Wilson, Pastor of the Elizabeth Memorial Church of God, petitioner for the vacation, was present to answer any questions of the Board. There were no remonstrators present and no written remonstrances were filed with the Board. Mr. McMahon reported that the petition was reviewed by the Department of Engineering and the Area Plan Commission and they recommend the vacation favorably, subject to existing utility easements. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the. Vacation Resolution was confirmed. Mr. McMahon then submitted to the Board an Assessment Roll with respect to Vacation Resolution No. 3462. The Assessment Roll lists affected property as Lot No. 1 Orchard Heights Addition and Lot 59, Orchard Heights 2nd Addition. and lists $0.00 Net Damages and $0.00 Net Benefits to the lots. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Assessment. Roll was filed and set forpublic hearing on October 23. HEARING ON DENIAL OF TAXI LICENSE - ROBERT RICHARD Robert Richard requested a hearing before the Board on the denial of his taxi license. Mr. Richard was present. Deputy City Attorney Terry Crone, in the absence of City Controller Peter Mullen, advised the Board that the Police Department had recommended denial of Mr. Richard's license, and Mr. Mullen concurred in that recommendation, based on the misrepresentation of Mr. Richard on his application where he indicated he had not been arrested. The Police Department submitted Mr. Richard's arrest record listing six arrests and, because of this false statement of the applicant, recommended denial. The license was denied by the Board on September 11, 1978. Mr. Richard said he understood that question on the application to mean felony arrests and that is why he answered no. Mr. Crone noted that the applicant did state on his application that he was required to get SR 22 insurance by the state in order to maintain his driver's license. Mr. Brunner made a motion that, based on the statement made on the application, the action of the Board to deny the taxi driver's license be confirmed. Mr. McMahon seconded the motion and it carried. 258 REGULAR MEETING BICYCLE AND UNCLAIMED PROPERTY SALE APPROVED SEPTEMBER 25, 1978 Chief Michael Borkowski requested that the Board authorize advertising for the sale of bicycles and unclaimed property by the Police Department to be held on Saturday, October 21, 1978 beginning at 10:00 a.m, at the rear of the Municipal Services Facility, 701 W. Sample. Proceeds from the bicycle sale will go to the Police Pension Fund and proceeds from the unclaimed property sale will go into the City General Fund as provided by State Statute. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the request was approved. BID ADVERTISING FOR POLICE PATROL CARS APPROVED Chief Michael Borkowski submitted to the Board detailed specifications for police patrol cars and requested that the Board advertise for bids for thirty -five cars, with sealed bids to be received on October 9. It is anticipated cars can be received in early or mid- January. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board approved the request. LEASE FOR CETA CAR EXTENDED Elroy Kelzenberg, Director of the Bureau of Manpower and Training, submitted to the Board a request to extend an existing lease with Gatesway Leasing Company for a 1977 Chevrolet Nova from October 1, 1978 through October 1, 1979 at a cost of $100.00 per month. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the lease extension was approved. CONTRACT APPROVED - ROOF REPAIRS TO FIRE STATION #3 The contract with Slatile Roofing and Sheet Metal Company for repairs to the roof at Fire Station #3 was submitted to the Board. The contract is in accordance with the bid award made by the Board on August 28, 1978. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the contract was approved. BID ADVERTISING APPROVED - SPRINGS AND MATTRESSES, FIRE DEPARTMENT Chief Oscar Van Wiele submitted to the Board a request to authorize advertising for bids for springs and mattresses for the Fire'Department. They are requesting unit price bids and hope to purchase seventy -eight sets, depending upon availability of funds. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board approved the request. REQUEST FOR DISCO CORNER AT UNION STATION DENIED The Board had under advisement a request from Union Square, Inc. to operate a "Disco Corner" at Union Station. Deputy City Attorney Terry Crone advised the Board that he had reviewed the request and the Municipal Code would require a public dance hall license for such an operation. John E. DeLee, Building Commissioner, reported to the Board that this operation would fall under the Controlled Use Zoning Ordinance and an investigation has indicated there are two controlled uses within one thousand, . feet of the property. Therefore, the ordinance would not permit the granting of a license. Mr. DeLee also noted that off - street parking, fire exits, sanitary facilities and the general condition of the structure would require further investigation prior to any approval of the structure for public use. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board denied the request of Union Square to operate a "Disco Corner ". I 1 259 REGULAR MEETING SEPTEMBER 25, 1978 ADOPTION OF VACATION RESOLUTION NO. 3463, 1978 The petition of Gruber's Super Market to vacate the east -west alley north of Prairie Avenue and west of Magnolia Street, was referred to the Engineering Department and Area Plan Commission for review. The Department of Engineering reported a utility check was made and they have no objection to the proposed vacation subject to existing utility easements. The Area Plan Commission reported the petition favorably to the Board. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the reports were filed and the following resolution was adopted: VACATION RESOLUTION NO. 3463, 1978 RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, That it is desirable to vacate the following: the east -west alley north of Prairie Avenue and west of Magnolia 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 Numbers 19, 20, 21 and 22, Swygart's 3rd Addition Notice of this Resolution shall be published on the 29th day of September and the 6th day of October, 1978 in the South Bend Tribune and in the Tri- County News.. This Board, at its office, on the 16th day of October, 1978 at 9:30 a.m. will hear and receive remonstrances from all persons interested in or affected by these proceedings. Adopted this 25th day of September, 1978. BOARD OF PUBLIC WORKS S/ Patrick M. McMahon S/ Thomas J. Brunner, Jr. ATTEST: S/ Patricia DeClercq, Clerk Publish two times: September 29 and October 6, 1978 AMENDMENT APPROVED - BID AWARD FOR TANDEM DUMP TRUCK Mr. McMahon advised the Board that the bid of International Harvester for one Tandem Dump Truck for the Street Department was accepted, with a trade -in allowance of $2,000.00 for another unit. The Department has now determined it does not want to trade the unit and is requesting that the bid award be amended to delete the trade -in allowance and accept the base bid for the truck without trade. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the bid award was amended deleting the trade -in allowance of $2,000.00 260 REGULAR MEETING SEPTEMBER 25, 1978 FILING OF RESOLUTION REGULATING SPEED ON U.S. 20 (MC KINLEY) The Board received notification from the Indiana State Highway Commission of adoption of a resolution regulating speed on U. S. 20 as follows: Speed shall be regulated on US 20 (McKinley) in the City of South Bend, St. Joseph County, as follows: All traffic on US 20 (McKinley) from a point 135 feet east of Tuxedo Drive to a point 225 feet west of North Logan -South Hickory Road. (East Corporation Line of South Bend), a distance of approximately 4405 feet. Existing speed limit - 35 MPH. 40 MPH. Mr. McMahon noted that this resolution is in conjunction with efforts to signalize the intersection of McKinley and Manchester. The speed limit must be raised to meet warrants for signal installation. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the resolution was filed and referred to the Bureau of Traffic and Lighting and Police Department. SOUTH BEND HANDICAPPED PARKING PERMIT APPROVED - JOHN PECSI John Pecsi, 1709 S. Douglas Street, submitted to the Board an application for a South Bend Handicapped Parking Permit along with the written certification of his doctor that the permit is needed. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the application was approved and referred to the City Controller's Office for issuance of thepermit. BID AWARDED - VIADUCT LIGHTING Joseph J. Pluta, Assistant Manager of the Bureau of Traffic and Lighting, submitted to the Board a tabulation of bids received for viaduct lighting at Fellows, High, Main, Marietta, Miami, Michigan and Sample Streets and a recommendation that the low bid of $31,363.75 of the Morse Electric. Company be accepted. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board approved the recommendation to award the bid. 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: Remove, on Bendix, between Westmoor 10 - 6,000 INC OH WP and Linden 4 10,000 INC OH WP 1 20,000 MV OH WP Install, on Bendix, between Westmoor 15 20,OOOL MV OH WP and Linden Total monthly increase - $28.80 Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the recommendation was approved. 261 REGULAR MEETING TRAFFIC CONTROL DEVICES APPROVED SEPTEMBER 25, 1978 The Bureau of Traffic and Lighting recommended approval of the following traffic control devices: A. Install "No Parking- Stopping - Standing, 7 to 9 a.m. and 2 to 4 p.m. on School Days" on the south side of Byron Drive opposite Marshall School at the request of the P.T.O. to eliminate parking problems during school dismissal hours. B. Install Stop Signs on Marshall at Logan, an uncontrolled tee intersection. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the installations were approved. RIVER BEND PLAZA APPLICATION APPROVED Michele M. Dobski, Director of River Bend Plaza, submitted to the Board the application of the Little Sisters of Sigma Pi of I.U.S.B. to have a booth on the Plaza in the Robertson's Block on September 30 for the sale of non -food merchandise as a fund- raising activity. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the application was approved. BOND APPROVED - ROCKY L. GEANS, INC. Ray S. Andrysiak, Bureau of Engineering, submitted to the Board a Contractor's Bond for Rocky L. Geans, Inc. and advised that the bond was properly executed and could be approved. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the bond was approved. CLAIMS APPROVED Michael L. Vance, Deputy City Controller, submitted to the Board Claim Docket Numbers 18259 through 19000 and recommended approval. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board approved Claim Docket Numbers 18259 through 19000 and directed that checks for payment be issued. STREET LIGHT OUTAGE REPORT FILED The Street Light Outage Report for the period September 11 through September 21 was submitted to the Board. The report indicated sixty -three outages. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the report was ordered filed. 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 10:15 a.m. _1r TA. T/fnM�1 -,nr rf ATTEST: Patricia DeClercq, Clerk