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HomeMy WebLinkAbout10/02/1978 Board of Public Works Minutes262 REGULAR MEETING OCTOBER 2, 1978 A regular meeting of the Board of Public Works was convened at 9:30 a.m. on Monday, October 2, 1978 by President Patrick M. McMahon, with Mr. McMahon, Mr. Brunner and Mr. Mullen present. Deputy City Attorney Terry Crone was also present. MINUTES OF PREVIOUS t2EETING APPROVED Mr. Brunner reported that the minutes of the September 25 meeting had been reviewed and he made a motion that the minutes be approved as , submitted. Mr. McMahon seconded the motion and it carried. AGENDA ITEM ADDED Mr. McMahon noted receipt of a request from residents of the 3000 block Frederickson Street for traffic signs. The request was received after the posting of the meeting agenda and he made a motion that it be added to the agenda at this time. Mr. Brunner seconded the motion and it carried. REQUEST FOR NO PARKING SIGNS ON FREDERICKSON FILED A petition signed by several residents of the 3000 block Frederickson Street was submitted to the Board asking that No Parking, 7:30 A.M. to 4:30 P.M., signs be posted in their block to eliminate all -day parking by Bendix employees on the street. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the request was filed and referred to the Bureau of Traffic and Lighting for review and recommendation. OPENING OF BIDS - TELEPHONE SYSTEM FOR CETA OFFICES This was the date set for receiving bids for the installation of a telephone system at the new CETA offices at 320 W. Jefferson Blvd. 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: Indiana Bell Telephone Co. Bid was signed by Charles Hummell, South Bend, Indiana non - collusion affidavit was in order and a 10% bid bond was submitted. Bid - Rotary Dial - Single Payment Option - $12,014.66 Installation Charge 4,880.00 Variable Mo. Chge. 397.75 Touch -Tone - Single Payment Option - $12,652.80 Installation Charge 4,885.00 Variable Mo. Chg. 401.00 ITT Terryphone Mishawaka, Indiana Bid was signed by Thomas J. Keane non - collusion affidavit was in order. There was no bid bond submitted but written notification was provided indicating that the bid bond is being mailed from the home office. Deputy City Attorney Terry Crone advised the Board that it is within their discretion to rule on whether the bid bond can be accepted after the bid opening.- Upon motion made by Mr. Brunner, seconded by Mr. McMahon and carried, the Board determined that the bid can be considered if the bid bond is received before 1:30 p.m. on Tuesday, October 3, 1978. Bid - Touchtone Equipment Per Month - 120 96 Rotary Dial - Purch, Per Month- 120 96 - Purchase - $24,493.00 months 334.35 months 381.36 sse $23,893.00 months 326.15 months 372.02 C 63 REGULAR MEETING KLF Electronics Elkhart, Indiana Bid - Touch -Tone Cable Labor Rotary - Cable Labor Tri- Electronics Hammond, Indiana - $15,849.00 860.00 2,491.00 $19,200.00 $14,549.00 860.00 2,491.00 $17,900.00 Bid - Purchase Price Maintenance Contract Bid was signed non - collusion and a 10% bid OCTOBER 2, 1978 by Thomas Stachowicz, affidavit was in order bond was submitted. Bid was signed by James non - collusion affidavit and a 10% bid bond was - $20,840.00 $ 104.00 Lease /Purchase - $997.88 for 120 months. L. Oesterle, was in order submitted. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the bids were referred to Mr. Kelzenberg for review and recommendation. Mr. McMahon noted that a special meeting has been called and posted for Tuesday, October 3 at 1:30 p.m. to consider awarding of a bid. PUBLIC HEARING - PETITION OF INDIANA CABLEVISION FOR RATE INCREASE This was the date set for a public hearing on the petition of Indiana Cablevision, Inc. for rate increases for cable T.V. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri - County News which were found to be sufficient. Jeff Buford, General Manager of Indiana Cablevision Corporation, and Attorney Louis Chapleau were present. Mr. McMahon noted that this was the public hearing on,the petition and asked Mr. Buford if he had any comments to make. Mr. Buford said he would let the petition speak for itself but would be happy to an any questions. There were no citizens present who wished to speak on the matter. Mr. McMahon asked if the books and financial records of the company would be made available to the City Controller and Mr. Buford said they would be provided at any time upon request. Mr. Brunner asked if there were other cities of comparable size in Indiana with lower rates. Mr. Buford said Indiana. Cablevision is the largest system in the State of Indiana so they went outside the state to give comparable figures. Mr. Brunner asked Mr. Buford to check to see if any cities of comparable size have lower rates than the proposed increased rate. Mr. Buford said he would check into the matter and report to the Board. Mr. Mullen, City Controller, asked that the company financial statement be made available to him. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the public hearing was closed and action on the petition was tabled pending review of the financial statement of the Company and any additional information provided by Mr. Buford. RUM VILLAGE NEIGHBORHOOD ASSOCIATION RE: 307 W. CALVERT STREET Representatives of the Rum Village Neighborhood Association were present to speak to the Board regarding problems caused in their area by the operation of a scrap yard at 307 W. Calvert Street. Helen Madaras, 2021 Franklin Street, spokesman for the group, said Mr. Michelson was operating on property not covered in his petition for a license and said the petition he submitted with his application did not contain the required number of signatures. Mrs. Madaras said the scrap yard is operating partially on railroad property. 264 REGULAR MEETING OCTOBER 2, 1978 Mr. McMahon reviewed the file on the Scrap Yard License Application and noted that by memorandum dated May 2, 1975, Thomas McFadden, Engineering Department Staff Member, advised the Board that the petition submitted by Mr. Mickelson did contain the required number of signatures of adjacent property owners as required by.the Municipal Code. Other residents present then complained to the Board about high weeds on the property at 307 W. Calvert Street and alleged that the property is being used as a truck terminal causing heavy truck traffic in the neighborhood. It was also noted that pedestrians, including small children, use the sidewalks adjacent to the scrap yard and it is eyesore and a nuisance. Mr. Brunner advised the residents that the Legal Department would review the license application and the present operation at 307 W. Calvert Street -to determine if there are violations. He noted that Mr. Mickelson had signed a consent agreement in court agreeing to vacate the premises at 816 S. Phillipa and to remove a trailer from the property at 307 W. Calvert Street by September 21, 1978. The trailer has not been removed and the City went to court last Friday on a rule to show cause why Mr. Mickelson should not be found in contempt of court. A hearing on that matter has been set for October 17. If there are other violations in regard to the original petition or the use of the property, the City will take action to remedy those situations. The Police Department will be asked to check into the use of the property as a truck terminal and heavy truck traffic in the area. The report of the Fire Inspection Bureau following an inspection made of the premises was filed. The report noted fire lanes must be kept open and high weeds must be cut and Mr. Mickelson was sent a copy of that report. Mr. Brunner said the Board would give every consideration to the property owners in the area and would take action against any violations. BID ADVERTISING APPROVED - POLICE RADIO EQUIPMENT Chief Michael Borkowski advised the Board by letter that L.E.A.A. funds have been allocated for police radio equipment and he requested that the Board authorize advertising for bids for 21 portable transceivers in accordance with specifications submitted. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Board approved the advertising, with sealed bids to be %received on October 16. DISPOSITION OF VEHICLE APPROVED' Chief Michael Borkowski reported that Mechanical #651, a 1977 Pontiac was damaged beyond repair and an insurance settlement has been received. The vehicle has been stripped and is ready to junk. He requested permission to "remove the vehicle from the inventory and sell it for scrap. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried the Board approved the disposition of the vehicle and its' removal from the inventory. ACCEPTANCE OF 1957 PACKARD FOR DISCOVERY HALL Richard Welch, Director of Discovery Hall Museum, was present and submitted to the Board the title for a 1957 Packard willed to Discovery Hall by Arthur Chase. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board accepted the vehicle for Discovery Hall Museum and directed that a letter of appreciation be sent, to Mrs. Chase. 50 REGULAR MEETING OCTOBER 2, 1978 APPLICATION FOR OPEN AIR STAND TABLED - OLIVE AND SAMPLE Mrs. Laverne Przygocki, 1715 Portage Avenue, was present and submitted to the Board an application on behalf of William E. Moore and Mrs. Przygocki to operate an open air stand at the corner of Olive and Sample for the sale of flowers. Deputy City Attorney James A. Masters advised the Board that they. had this matter before them in April and, at that time, the application was denied because of a possible zoning violation in the use of the A Residential property at 1715 Portage Avenue for the distribution of flowers and fireworks for sale at various locations. Upon denial of the appliation, the Board requested that Mr. Moore attend a hearing on the matter but Mr. Moore did not appear. Based on a signed affidavit on this use of the property, Mr. Masters said the Legal Department is prepared to file suit on the zoning violation. Mrs. Przygocki is present as is her neighbor, Mrs. Hogan, and this provides the Board with an opportunity to review the matter of the zoning violation before acting on this application. Mrs. Przygocki then advised the Board that she has dicussed this matter with Mr. Masters and is aware of the situation. She has obtained a commercial location at 1809 Lincolnway West in Mishawaka, or an alternate site at Mr. Fresh on Portage Avenue, and will move the operation out of her home at 1715 Portage Avenue. In regard to the fact that Mr. Moore did not appear at the hearing last spring, Mrs. Przygocki said he had made arrangements for William Voor to represent him at the hearing and thought he would be present. It was not until after the hearing, that Mr. Moore discovered that no one had appeared. Mrs. Hogan, 1707 Portage, advised the Board that the situation at 1715 Portage has been in existence for four years. She noted that activities involved the receiving and storing of flowers and fireworks and the loading and unloading of them into cars and vans for distribution at various stands. Mrs. Hogan said, as a resident of an A residential zone, she did not feel she should have to put up with this activity. She said Mrs. Przygocki received a Cease and Desist Order from the Building Commissioner last year but still continued the operation. Mrs. Hogan then displayed photographs of the flowers and containers on the property. Mr. Masters said an: affidavit is on file and the City Attorney's Office has planned to file suit to rectify the zoning violation this week but it was felt that Mrs. Przygocki's appearance today might resolve the matter. He recommended that Mrs. Przygocki be asked to sign a written agreement to be submitted to the Board setting forth her plans to move the operation from 1715 Portage. Upon receipt of that document, the Board could act on the new application for an Open Air Stand. Mrs. Hogan said she felt strongly that the Board should require some proof that the business has been established in a commercial location before granting the,permit, Mr. Brunner said the Board would want an indication from Mrs. Przygocki that she understands that she cannot use the property at 1715 Portage for this activity, involving any items, including flowers and fireworks, and that she does have a commercial location for the operation. The Legal Department will draft a document for Mrs. Przygocki's and Mi. Moore's signature. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Open Air Stand application was tabled pending receipt of the signed document. BID ADVER'T'ISING APPROVED - CURB, SIDEWALK AND STREET IMPROVEMENTS John E. Leszczynski, Manager of the Bureau of Public Construction, requested that the Board advertise for bids for curb, sidewalk and.street improvements on Werwinski, Diamond, Broadway, Howard, St. Louis and St. Peter Streets. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the request was approved and advertising was authorized, with sealed bids to be received for Werwinski Street on October 16 and the other streets on October 23. 266 REGULAR MEETING OCTOBER 2, 1978 NOTIFICATION OF RATE INCREASES - NATIONAL AUTOPARK, INC. The Board received a letter from National Autopark, Inc. advising of their intention to raise parking rates as follows: Present Parking Fee First 2 hour or part thereof .35 Next 2 hour or part thereof .15 Each 1 hour or part thereof .15 Maximum Day Rate 1.50 Car released after closing 5.00 Revised Parking Fee First hour .50 adtl. Up to 3 hours 1.00 adtl. Up to 5 hours 1.25 Up to 7 hours 1.50 Up to 24 hours 1.75 Car released after closing 5.00 The letter indicated that this is the first rate increase since 1972. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board filed the notification of rate increases. CONTRACT APPROVED - SNOW -ICE STORM WARNING A Contract with Murray and Trettel, Inc., Consulting Meterologists, for Snow -Ice Storm Warning for one season, beginning with the first snow -ice storm in the fall of 1978 and ending with the last snow -ice storm in the spring of 1979 was submitted to the Board by John Stancati, Director of Utilities. This firm will monitor storms and notify a twenty -four hour operator at the Water Works who will, in turn, alert the Street Department. Mr. McMahon noted that St. Joseph County has entered into a similar contract with the firm. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the contract was approved in the amount of $950.00. PROPOSALS SOUGHT FOR PIGEON CONTROL ON RIVER BEND PLAZA Mr. McMahon noted that the existing contract for Pigeon Control on River Bend Plaza and Pier Park expired on August 31. He made a motion that the Board seek proposals for this service for one year, from November 1, 1978 through Novemb�er,.l, 1979. Mr. Brunner seconded the motion and it carried. LETTER RE: LA SALLE PARK PROBLEMS REFERRED TO BOARD OF SAFETY A letter from Ethurel Ivory, President of the LaSalle Park District Council,'. ouncil, was directed to the Board. The. - letter outlined problems in the West Washington Street area adjacent to LaSalle Park, including shooting iriciden.ts, "gambliftg., traffic jams and illegal parking. The Council requested action by the City for the safety of children and neighborhood residents. Updn motion made by Mr. McMahon, seconded bh Mr. Brunner and carried, the letter was referred to the Board of Public Safety for action since it involves matters of police enforcement. BLOCK PARTY REQUEST RECEIVED - BRIARWAY The Board received a request from Mary Ellen Diroll for a Block Party to be held on.Briarway, from Woodmont to Malvern Way, on October 21, with a rain date of October 22. 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 for review and recommendation. CONTRACT FOR UNDERPASS LIGHTING APPROVED A contract with Morse Electric Company for Underpass Lighting at seven locations was submitted to the Board. The contract is in the total. amount of $31,363.75 and is in accordance with the bid accepted by the Board. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the contract was approved. 26 REGULAR MEETING OCTOBER 2, 1978 PROJECT COMPLETION AFFIDAVIT,APPROVED- -NORTH SHORE- MICHIGAN SIGNALS The Project Completion Affidavit for the Signalization of North Shore and Michigan Street was submitted to the Board. The contractor was Morse Electric Company and the total project cost was $44,424.50. A Maintenance Bond was submitted with the Affidavit and the maintenance agreement extends until October 2, 1981. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Project Completion Affidavit was approved and the bond filed. TRAFFIC CONTROL DEVICES APPROVED The Bureau of Traffic and Lighting submitted the following recommendations for traffic control devices :. A. Install 15 minute zone -6 AM to 6 PM, first two parking spaces Colfax and Lafayette, at the request of the SoUth Bend Tribune. B. Remove 30 MInute Zone, 6 AM to 6 PM, in front of 1410 E. Calvert, because a business has moved from that location. C. Install, No Parking.This Side, East Side of Garfield Court, from Washington to a point 163' south of Washington. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the recommendations were approved. HANDICAPPED PARKING PEP21IT APPROVED Betty Campbell, 1547 N. Hickory, submitted a request for a South Bend Handicapped Parking Permit along with verification from her physician that she is disabled. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the application was approved and referred to the Deputy Controller's Office for issuance of the permit. REQUEST FOR HANDICAPPED DESIGNATED PARKING SPACE REFERRED Woody Maxie, 1507 Liberty Drive, Mishawaka, submitted a request for a designated parking.space for his vehicle on the south side of Wayne Street, the first available space west of Main Street. Mr. Maxie advised the Board that he is a paraplegic and has disabled plates for his vehicle and is requesting the space for his employment. The Board noted that this was not the intent of, the handicapped parking ordinance but that designated handicapped parking spaces-, were intended for access to shopping areas; doctor's offices,'etc. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the request was referred to the Bureau of Traffic and Lighting for review and recommendation. Mr. Wadzinski is to be asked to forward to the Board with his recommendation the guidelines drafted for designated handicapped parking spaces. REQUEST FOR PRAYER VIGIL AT WOMEN'S PAVILION FILED Professor Charles E. Rice submitted to the Board notification that the Notre Dame -St. Marys Life Organization is planning a prayer vigil on Saturday, October 7 from 9 :00 a.m, to 10:30 a.m. in front of the Women's Pavilion across from St. Joseph Hospital. A group of approximately twelve individuals plans to walk on the sidewalk and distribute literature. There will be no blocking of traffic or impeding of access into the building. The group also plans to continue this activity on succeeding Saturday mornings. Mr. Brunner noted that this activity confined to the sidewalk area will require no City permits. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the letter was filed and the group will be notified that no City permit is required but that actitivies must be confined to the sidewalk area, not impede pedestrian traffic and not block access to the building i. REGULAR MEETING CLAIMS APPROVED OCTOBER 2, 1978 Michael L. Vance', Deputy City Controller, submitted to the Board Claim Docket Numbers 19001 through 19373 and recommended approval. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, Claim Docket Numbers 19001 through 19373 were approved and checks for payment were ordered issued. STREET LIGHT OUTAGE REPORT FILED The Street Light Outage Report for the period September 21 through September 28 was submitted to the Board. The report indicated seventy -eight outages. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the report was ordered filed. CITY -OWNED PROPERTY DISPOSITION TABLED A discussion by the Board of the policy for disposition of city - owned lots was tabled for two weeks at the request of Thomas J. Brunner, Jr., City Attorney. 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 10:50 a.m. ATTEST: Patricia DeClercq, Clerk 1