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HomeMy WebLinkAbout02/05/1979 Board of Public Works Minutes379 REGULAR MEETING FEBRUARY 5, 1979 A regular meeting of the Board of Public Works was convened at 9:30 a.m, on Monday, February 5, 1979 by President Patrick M. McMahon, with Mr. McMahon and Mr. Mullen and Mr. Brunner absent. Deputy City Attorney Terry A. Crone was in attendance. MINUTES OF PREVIOUS MEETING APPROVED Mr. Mullen reported that the minutes of the January 29, 1979 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 ITEMS ADDED Mr. McMahon noted receipt of a request for an Open Air Stand and a petition regarding a license application at 2201 Bertrand Street after the posting of the meeting agenda. He made a motion that the items be added to the agenda. Mr. Mullen seconded the motion and it carried. OPEN AIR STAND APPROVED - BENDIX AND ARDMORE The Board received an application from Steve Emerson to operate an Open Air Stand on Gene's Restaurant Parking Lot on Bendix Drive at Ardmore Trail on February 6, 7, 8 and 9 for the sale of cookware, glasses, flight bags, burger makers, radios and cutlery. Attached to the application was the written permission of the property owner for the operation of the stand. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the application was approved, subject to the purchase of the necessary vending license. FILING OF REMONSTRANCE PETITION - DANCE HALL LICENSE, 2201 BERTRAND Councilman Walter Szvmkowiak submitted to the Board a petition signed by one hundred and ten residents remonstrating against the application of Anna Phillips to operate a teen --age night club at the location of Kubiak's Tavern, 2201 Bertrand Street. 11r. Szvmkowiak was present and advised the Board that he is opposed to the granting of the license because this type of operation tends to become a nuisance and degrade residential neighborhoods and increase the crime rate. Mr. Szvmkowiak pointed out that the King Center is in operation and provides a place for amusement in the area. Mr. McMAon noted that the original application and a recommendation for denial from the Police Department have been referred to the Legal Department for review and recommendation. He made a motion that the petition be filed and referred to the Legal Department. Mr. Mullen seconded the motion and it carried. VACATION RESOLUTION NO. 3468 CONFIRMED This was the date set for holding a public hearing on Vacation Resolution No. 3468 for the vacation of the first east -west alley south of Colfax Avenue east from Birdsell Street to the first north -south alley, a distance of 115.5 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. Odell Newburn was present to speak for the petitioners, the Pilgrim Baptist Church. Mr. Newburn advised the Board that the church owns the property on both sides of the alley and proposes to construct a senior citizens apartment building. The north -south alley will remain open to provide access by emergency vehicles. Mr. McMahon noted that the petition received a favorable recommendation from the Community Development Department, the Area Plan Commission Staff and the Engineering Department. No remonstrators were present and no written remonstrances were filed with the Board. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Vacation Resolution was confirmed and referred to the Engineering Department for preparation of an Assessment Roll. W REGULAR MEETING FEBRUARY 5. 1979 PUBLIC HEARING ON ASSESSMENT POLL, VACATION RESOLUTION NO. 3467 ACTION TABLED This was the date set for holding a public hearing on the Assessment Roll with respect to Vacation Resolution No. 3467 for the vacation of the first alley south of Monroe Street running east from Columbia Street, approximately one -half block towards Fellows Street, then south to the second alley south of Monroe Street, running east and west between Columbia Street and Fellows 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 receipt of a letter of remonstrance from Dr. Bernard E. Vodnoy, owner of the property at 422 E. Monroe and 414 E. Monroe. Dr. Vodnoy stated that he operates a business, Bernell, Inc., at 422 E. Monroe Street and is presently negotiating to secure two additional lots on the alley to be vacated. He noted there is a loading facility on the alley and vacating of the alley will make this loading dock unusable. Dr. Vodnoy said he was pleased with the progress in the downtown area and hoped to see it continued. However, he asked that due consideration to given to established and growing businesses and he respectfully requested that the vacation be denied. Mr. McMahon noted there has been a great deal of discussion with respect to this vacation resolution. At the present time, the Redevelopment Department is actively pursuing studies of the future of this neighborhood. Mr. McMahon made a motion that action on the vacation resolution be tabled until plans have been clearly defined and the goal for this area established. Mr. Mullen seconded the motion and it carried„ BID ADVERTISING APPROVED - SELF - CONTAINED BREATHING UNITS Fire Chief - "Oscar`Van'Wiele submitted to the Board a request to advertise for bids for the purchase of sixteen units of self- contained breathing apparatus. Funds are available in the current budget and detailed specifications are being prepared. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the request was approved and the Clerk was directed to advertise, with sealed bids to be received on February 19, 1979. FINAL CHANGE ORDER AND PROJECT COMPLETION AFFIDAVIT APPROVEI) MODEL CITIES SEWER PROJECT The Final Change Order in the contract with Loitz Brothers for the Model Cities Sewer Project was submitted to the Board. The Change Order increases the contract by $7,245.84 and is to adjust the contract to as -built quantities. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Change Order was approved. The Project Completion Affidavit for the contract was also submitted for approval. The Affidavit lists the total amount of the contract at $2,456,455.53. A Certificate of Insurance and three -year maintenance bond were also submitted. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Completion Affidavit was approved and the bond and Certificate of Insurance were filed. 30JL REGULAR MEETING. FEBRUARY 5, 1979 SIGNING OF TITLE SHEET - IRISH HILLS DEVELOPMENT The Title Sheet approving the plans for sewer construction in the Irish Hills Development, east of Ironwood and north of Ireland Road was submitted to the Board. The Project is being constructed by Edward Rose of Indiana and the Engineering Department has reviewed and approved the plans. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the title sheet approving the plans was signed. REQUEST TO CLOSE PARK AVENUE AND MANI1'OU PLACE ON JUNE 10 FILED The Park Avenue Neighborhood Association submitted a request to close Park Avenue, between Riverside Drive and LaMonte Terrace, and Manitou Place, from Forest Avenue to Park Avenue, on Sunday, June 10 for a Tour of Homes. Closing is requested from 11:00 a.m. to 6:00 p.m. to provide pedestrian safety. A similar event was held last year which attracted two thousand visitors. The Association will provide a Certificate of Insurance to hold the City harmless from liability.. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the request was referred to the Bureau of Traffic and Lighting and the Police Department Traffic Detail for review and recommendation. REQUEST FOR CHET WAGGONER LITTLE LEAGUE PARADE The Chet Waggoner Little League submitted a request to hold an Opening Day Parade on Saturday, May 19. The parade is to begin at the Knights of Columbus Parking Lot and end at the Little League park and a route was submitted. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the request was referred to the Bureau of Traffic and "fighting and the Police Department Traffic Detail for review and recommendation. ADOPTION OF VACATION RESOLUTION NO. 3470 Mr. McMahon noted that the, petition of Air Products and Chemicals to vacat e the east -west alley between Lots 48 and 49 and 30 and 31 between Sample and Garst Street, had been reviewed. The Community Development Department and the Area Plan Commission staff report no objection to the proposed vacation. The Engineering Department reported no objection to the vacation subject to existing utility easements and to the requirements of the Fire Department. Mr. McMahon noted receipt of a letter from the petitioners indicating they plan to blacktop the area and will provide an access road at all times for emergency. vehicles. B/C Edward Szymkowiak of the Fire Department reviewed the letter and advised the Board that it met the Fire Department requirements. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the reports were ordered filed and the following resolution was adopted: VACATION RESOLUTION NO. 3470 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 between Lots 48 and 49 running east from Lafayette Street between Sample Street and Garst Street continuing on between Lots 30 and 31 east to Main 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. 332 REGULAR 14EETING FEBRUARY 5, 1979 The following property may be injuriously or beneficially affected by such vacation: Lots 30, 31, 48 and 49 all in Part of South Bend City Addition Notice of this Resolution shall be published on the 9th and 16th day of February, 1979 in the South Bend Tribune and in the Tri- County News. This Board, at its office, on the 26th day of February, 1979 will hear and receive remonstrances from all persons interested in or affected by these proceedings. Adopted this 5th day of February, 1979. BOARD OF PUBLIC WORKS s/ Patrick M. McMahon s/ Peter H. Mullen ATTEST: s/ Patricia DeClercq, Clerk STREET LIGHT INSTALLATION APPROVED Joseph J. Pluta, Assistant Manager of the Bureau of Traffic and Lighting, recommended installation of the following lights on the SLC Tariff: Eight lights at the Viaduct at Main, North of Bronson - 23,300 Lumen $25.20/mo. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the installation was approved. TRAFFIC CONTROL 'DEVICE APPROVED Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, recommended that the Board approve installation of a No Parking Zone on the north side of the 1000 Block East Irvington from Miami Street west approximately 115' to the alley west of Miami to provide sufficient roadway for the maneuvering of buses in conjunction with other vehicles using Irvington. The request for the No Parking Zone was made by Transpo. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the recommendation was approved. DESIGNATION OF PROJECT ENGINEER FOR ORANGE /COLFAX CONNECTOR A letter directed to the Indiana State Highway Commission was submitted to the Board for approval. The letter designates City Engineer Patrick M. McMahon as Project Engineer for the construction of the Orange /Colfax Project, M -5112, M -SO12 and M -S026, with direct control of the project and notes that he will utilize the services of John E. Leszczynski in accomplishing the supervision of this project. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the letter was signed and will be forwarded to the Highway Commission. 383 REGULAR MEETING FEBRUARY 5, 1979 APPROVAL OF CLAIMS Deputy City Controller Michael L. Vance submitted to the Board Claim Docket Numbers 1834 to 2279 and recommended approval. Upon motion made by-Mr. McMahon, seconded by Mr. Mullen and carried, the Board approved Claim Docket Numbers 1834 through 2279 and directed that checks for payment be issued. CERTIFICATE OF INSURANCE FILED A Certificate of Insurance for The Hickey Company was submitted to the Board. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Certificate was ordered filed. STREET LIGHT OUTAGE REPORT FILED The Street Light Outage Report for the period January 28 through 31 was submitted to the Board. The report indicated nine outages. Upon motion made by Mr. McMahon, seconded by Mr. Mullen 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. Mullen and carried, the meeting adjourned at 10:05 ATTEST: Patricia DeClercq, Clerk