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HomeMy WebLinkAbout08/04/1980 Board of Public Works MinutesREGULAR MEETING AUGUST 4, 1980 The regular meeting of the Board of Public Works was convened at 10:00 a.m. on Monday, August 4, 1980, by President Patrick M. McMahon, with Mr. McMahon, Mr. Richard L. Hill and Mr. Joseph E. Kernan present. Deputy City Attorney.Terry A. Crone was also present. Mr. McMahon apologized to the people in attendance at the meeting for the delay in not starting the meeting at the scheduled time of 9:30 a.m. He explained that the Presidential Commission of the 80's had selected South Bend as one of only a few cities which were to be interviewed for possible future federal aid, and the only time allowable for representatives of the commission was between 8:00 a.m, and 10:00 a.m. AGENDA ITEM ADDED Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, a report of the problems in the Pinhook Park area was added to the agenda immediately following the hearing on the taxi cab license denial. MINUTES OF PREVIOUS MEETING APPROVED Upon a motion made by Mr. Kernan, seconded by Mr. McMahon and carried, the minutes of the xegular meeting of July 28, 1980, were approved as submitted. OPENING OF BIDS - 1980 STORM DAMAGE (WALK & CURB REPAIR PROGRAM) This was the date set for receiving bids for the 1980 Storm Damage, Walk and Curb Repair Program. The Clerk tendered proofs of publica- tion 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: LaFree Excavating, Inc. 11252 West Third Street Osceola, Indiana 46561 $42,963.00 Rieth -Riley Construction P. 0. Box 1775 South Bend, Indiana 46634 $29,221.55 Bid was signed by Richard LaFree, non - collusion affidavit was in order, and a bid bond in the amount of 5% of the bid was submitted. Bid was signed by Richard D. Ruhlman, non - collusion affidavit was in order, and a bid bond in the amount of 5% of the bid was submitted. Ziolkowski Construction Bid was signed by Ben Ziolkowski, P. 0. Box 1106 non- collusion affidavit was in South Bend, Indiana 46624 order, and a bid bond in the amount of 5% of the bid was submitted. $38,731.50 Robert Geans Bid was signed by Robert L. Geans, 1727 East LaSalle non- collusion affidavit was in Mishawaka, Indiana order; however, no bid security was submitted. Walter Temple Tree Service Bid was signed by Walter Temple, 24400 Fillmore Road non - collusion affidavit was in South Bend, Indiana order; however, no bid security was submitted. It was noted in the bid of Robert Geans that a bid bond would be forthcoming from the insurance agent, and Mr. Walter Temple stated that he and Mr. Geans were in the process of trying to REGULAR MEETING AUGUST 4, 1980 obtain certified checks for security since the bid bond had not been prepared. Mr. McMahon explained that the Board's policy, in the past, has been to reject any bids which were not accompanied with the required bid security, and he apologized to Mr. Temple that the Board would not be able to consider his and Mr. Gean's bids. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the bids of Robert Geans and Walter Temple Tree Service were rejected because the 'proper bid security was not submitted with the bid. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the above bids were referred to the Engineering Department for review and recommendation. PUBLIC HEARING - 1980 STORM DAMAGE (WALK AND CURB REPAIR PROGRAM - BARRETT LAW ASSESSMENT) This was the date set for holding a public hearing on the 1980 Storm Damage - Walk and Curb Repair Program, authorized under Improvement Resolution No. 3493, 1980, adopted by the Board on the 21st day of July, 1980. The Clerk tendered proofs of publica- tion of notice in the South Bend Tribune and the Tri- County News which were found to be sufficient. It was noted that all property owners affected by the Improvement Resolution had been sent notice of the hearing and the preliminary assessment for the repair work. Mr. McMahon stated that the estimates for the work were based on curb costing $15.00 per lineal foot; driveways costing $30.00 per square yard; sidewalks costing $21.00 per square yard;.and removal of tree stumps ranging from $300 to $800, depending upon size. He stated that the city recognized the damage caused to curbs and walks as a result of the July 5th storm in that some of the damage caused a public safety hazard and the repair of that damage would have a severe cost impact on the property owners. To allow the property owners some flexibility regarding cost of the repairs, and to insure immediate repair of the damaged areas, it had been recommended that the Barrett Law Program be instituted for the repair of the damaged areas. He explained that the Engineering Department had conducted a survey of the damage and an assessment roll had been prepared, listing each location which sustained damage. Notices had been sent to the affected property owners, according to Mr. McMahon. Mr. McMahon briefly explained the Barrett Law process. He stated that, under Barrett Law, the preliminary charge assessed to each property owner could not be exceeded when the final assessment roll was prepared. He stated that, if the bids would have come in higher than the estimates for the work, the city would have paid the dif- ference. He explained that, assumimg the city goes ahead with the program, the city would authorize a contractor to do the needed repair work, bids for which had been opened prior to this hearing. The contractor would perform the work required and bill the city. The city would then assess the property owners for their share of the repairs at the various locations listed on the preliminary assessment roll. The property owners would then have the option of paying for the repairs immediately or carrying the payments out over a five -year period at a low interest rate of 5 %. Mr. McMahon asked that any property owner who wanted to make arrange- ments for the repair on his own contact the Board of Works office within seven days. Those property owners would be given a period of 30 days to make the needed repairs and, if not done during that time, the city would have the work done and the owner would be assessed under the Barrett Law process. He also stated that those property owners who were not listed and wanted to be included under the program should call the Board of Works office. 1 1 REGULAR MEETING AUGUST 4, 1980 A gentlemen in the audience who stated that he was renting from Mrs. Pearl Day at 320 Ostemo Place, questioned whether or not the property owners should be forced to pay for the damage. He felt the repair work should be the responsibility of the city. Mr. McMahon explained that all curbs and sidewalks are installed and maintained by the property owners., and no other mechanism is provided for other than Barrett Law. The tenant of Mrs. Day felt this was fine under normal circumstances; however, the recent storm had been an act of God.and he felt the city was legally and morally responsible for the damage. Mr.. McMahon explained that the city did not provide an insurance program for residents under these types of circumstances. He stated that some of the homeowners' policies would cover the damage; however, in most cases the property owner would bear the cost. He explained that the city does not tax property owners on a yearly basis to address situations such as this. Mrs. Day's tenant still maintained that the city should be responsible since the tree lawn area,was considered city property. Mr. McMahon repeated that the area was the responsibility of the property owner and has always been so. Mr. Kernan admitted that the damage was caused under unusual cir- cumstances; however, he felt the costs associated with the repair were not too substantial or out of line with repair of this type. Mrs. Day's tenant felt the cost was substantial to a senior citizen or a person living on social security alone. Mr. Hill agreed,. stating that this was the reason why the city had instituted the Barrett Law Program for repair of the damage which would give the owners a five -year period to pay off the assessment. Mr. Hill explained that Barrett Law is normally used when all of the property owners are affected. He stated that it took a fair amount of investigation to determine whether or not the Barrett Law process could be used in this instance. He felt that, in this particular case of storm damage, the process would provide a mechanism which would enable all affected property owners to handle. He stated that the property owners would be responsible for the repairs, and the city was providing the opportunity to property owners to have the work done and allow them a five -year period to pay for the work performed. He felt there would be a substantial savings to the property owners involved because of the bulk bid. A representative of Real Services asked about the total amount to be assessed aginst a property owner. Mr. McMahon explained that the property owner received a notice of preliminary assessment. He stated that the amount would not be increased and could possibly be reduced somewhat. When the total amount was determined after the work had been completed, the property owner would be assessed that amount at an interest-rate of 5% if the five -year option was utilized. The representative from Real Services stated that the damage caused to one of her clients had been extensive and the sidewalk had been damaged severely. She wondered about liability of the property owner should someone fall on the sidewalk before the repairs were made. Mr. McMahon stated that all liability would fall upon the property owner. Mr. Philip Devenish, 937 Roosevelt, asked if the Board would assure him that no work to be covered under the Barrett Law process had already started. Mr. McMahon assured him that it had not. Mr. Devenish asked if the city had already removed any stumps at its expense that would normally have been covered under the proposed Barrett Law Program for the repair. Mr. McMahon stated that there has been some tree removal from tree law areas where there was a concern for safety and in order to open streets; this work would be paid for by the city. He stated that the city spent three or four weeks trying to take care of those public safety areas and, unless the stumps came up with the tree, they were not removed. He felt it was possible that, if a tree and stump had torn up a large portion of any city street, it may have been removed only to provide that the street be opened. Mr. Hill also stated that, to his knowledge, there had been no removal of any tree stumps unless the stump had actually been out in the street. Mr. McMahon explained to Mr. Devenish that he and the REGULAR MEETING AUGUST 4, 1980 other two Board members had not personally checked out every location where damage was experienced. Mr. Kernan also stated that some property owners have already contracted the repair of the work and some trees and stumps have, therefore, been removed at the property owner's expense. Mrs. Pearl Day, 320 Ostemo Place, wanted to make sure her name appeared on the assessment roll and stated that she felt the repairs should be made to her property immediately because of the hazard involved. Mr. McMahon stated that Mrs. Day was included under the Barrett Law Program. He explained that, when the damage was surveyed, there were 44 different locations which experienced curb and walk damage and another 100 locations . where trees had been uprooted but there was no damage to curbs and sidwalks. He encouraged those people to take care of the tree and stump removal as soon as possible. Mr. McMahon stated that the locations shown on the assessment roll indicate curb and /or walk repair is needed. A property owner asked about damage to the street and whether or not the property owner would be responsible for its repair, Mr. McMahon stated that any street repair work would be included in the project and there would be no additional costs for damage to streets. Mr. McMahon again asked that anyone who wishes to pursue the repairs on his own notify the Board within seven days. A thirty -day period would be allowed for those individuals to undertake the repairs. He stated that, if the Board did not receive notice from the property owners listed on the assessment roll, that they wished to make their own arrangements for repair, their properties would remain on the list and would be included in the Barrett Law Program. He encouraged all property owners to make their own arrangements for the repairs if they could have the work done at less cost. Mrs. Thomas Van Dyke, 1159 Blyler, stated that a tree which had been uprooted in her yard had caused a break in the gas line. She stated that the gas company had informed her that they must be notified when the tree was removed. Mr. McMahon assured Mrs. Van Dyke this would be done. A property owner asked how the repairs would be made, and Mr. McMahon stated that all repairs would be done according to existing standards. Mrs. Day asked if the city would undertake additional work in areas where certain repairs were needed. Mr. McMahon stated that, should any property owner want additional work done over and above the damage caused by the storm, the city would have the flexibility of adding that work to the assessment roll. He asked that the property owners notify the Board of their intentions concerning this within the next seven days, to and including August 11, 1980. He thanked everyone for coming and being patient for the public hearing to convene and he asked that, if anyone had any questions concerning the project, they call the Engineering Office as soon as possible. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the public hearing was closed. OPENING OF BIDS SALE OF 2222 LINCOLNWAY WEST (LEASE /PURCHASE OF OLD FIRE STATION NO. 11) This was the date set for receiving bids for the sale of 2222 Lincolnway West. 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 bid was opened and publicly read: Youth Facilities, Inc. Bid was signed by Theresa By its attorney: Tyler, President Bruce R. Bancroft Sixth Floor First Bank Building South Bend, Indiana 46601 $20,000.00 or $444.89 per month (amortization and interest at the rate of 12% per annum) 1 1 J REGULAR MEETING AUGUST 4, 1980 Mr. Hill explained that the city had anticipated a purchase price from Youth Facilities, Inc. in the amount of $20,000.00. He explained that, when the mortgage debt was paid off, the property would again become the property of the city and would then be used by its Youth Services Bureau. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the bid was referred to the Legal Department for review and recommendation. OPENING OF BIDS REHABILITATION AND REPAIR OF 2222 LINCOLNWAY WEST This was the date set for receiving bids for.the rehabilitation and repair of city -owned property at 2222 Lincolnway West. 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 bid was opened and publicly read: Plaia Construction Co. Bid was signed by Joseph J. Plaia, 1001 Lombardy Drive non - collusion affidavit was in South Bend, Indiana 46619 order, and a 5 % bid bond was submitted. $70,770.00 Alternate: Deduct $1,358.00 for air conditioning ducts to second floor (main floor only) Alternate: Deduct $133.00 for Bigelow- Static -Tuff carpet in lieu of Bigelow Interweve Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the above bid was referred to the Youth Services Bureau for review . and recommendation, PUBLIC HEARING TAXI LICENSE DENIAL (CHARLES E. HOWELL, JR.) The Board had received the application of Charles E. Howell, Jr., 1337 East Sorin, South Bend, for a taxi cab license and had, at its meeting on July 28, 1980, denied the application upon the recommendation of City Controller Joseph E. Kernan. Mr. Howell had been advised of the Board's decision and of his rights for a hearing on the matter. He was present to answer the Board's questions. Mr. Crone asked Mr. Howell if he understood this was a public hearing on his application for a taxi cab license which had been recommended unfavorably by the Controller, and Mr. Howell indicated that he understood. Mr. Crone stated that the Board had concurred in the recommendation of the Controller for denial of the license because the application of Mr. Howell was incomplete and did not contain all pertinent information regarding arrests and convictions. He stated that Mr. Howell had been arrested and convicted but that information was not included in the applica- tion. He asked about the arrests. Mr. Howell answered that he was convicted of a felony while armed on February 17, 1974 and had been sentenced to 2 to 14 years. Mr. Crone asked if Mr. Howell was currently on probation, and Mr. Howell indicated that he was not. Mr. Crone asked if there were any other convications, and Mr. Howell stated that there were not. Mr. Crone asked if Mr. Howell had pleaded guilty to the charges in 1974, and Mr. Howell stated that he had. He stated that he had been armed with a firearm. In further questioning by Mr. Crone, Mr. Howell stated that he was 27 years old and had his Indiana chauffeur's license. Mr. Crone stated that a computer check revealed that Mr. Howell's license had been suspended. Mr. Howell informed the Board that it had been reinstated. Mr. Crone asked if Mr. Howell's license had ever been suspended, and Mr. Howell stated that it had been, but he had not been aware of the suspension until he had applied for a chauffeur's license. He explained that his operator's license had been suspended because he had been ticketed for speeding last September. Mr. Crone asked if the license had been reinstated, REGULAR MEETING AUGUST 4, 1980 and Mr. Howell again stated that it had been. He explained that he took the test for a chauffeur's license and was unaware his operator's license had been suspended. Mr. Crone asked if Mr. Howell had been found guilty of any other traffic laws or speeding laws, and Mr. Howell indicated that, in addition to the speeding in September of 1979, he had been guilty of improper passing in 1978. Mr. Crone stated that Mr. Howell had been charged with six moving violations and had been found guilty on two of them, and Mr. Howell stated that Mr. Crone was correct. Mr.. Crone asked if there were currently any other charges pending against Mr. Howell, to which Mr. Howell stated there were not. Mr. Crone asked if Mr. Howell had served time on the felony, and Mr. Howell stated that he had served four years and two months and that the felony had been his first offense. He stated that he had been out of prison since 1978. Mr. Crone stated that Mr. Howell would now have an opportunity to make a statement to the Board and answer any of the Board's questions. Mr. Howell simply stated that he desired to have a taxi cab license. Mr. Hill stated that, from 1978 to the present, Mr. Howell had been involved in two traffic convictions. He asked if there were any other arrests or convictions, to which Mr. Howell stated there were not. Mr. Hill asked if there was anything other than traffic violations . or any other pending charges, and Mr. Howell stated there were not. Mr. Crone asked if Mr. Howell had contacted any local cab companies, and Mr. Howell stated that he had contacted Yellow Cab for employment and had been told he must have a chauffeur's license. Mr. Hill explained to Mr. Howell that, in the past, the Board has handled similar denials for taxi cab licenses by looking at past police records and trying to be reasonable when there are no serious felony convictions. He stated that one of the items that typically come before the Board for examination was a police printout, and he stated that that information was not available to the Board at this time. He stated that he was not prepared to deny the license but he felt he wanted additional time to obtain the printout from the Police Department before making a decision. Mr. Howell informed the Board that the printout would not show any additional information from what he had just furnished the Board in questioning. Upon a motion made by Mr. Hill, seconded by Mr.. McMahon and carried, the hearing of Mr. Howell was continued to the August 11, 1980, meeting of the Board, and the Clerk was instructed to request the criminal record printout and an update of Mr. Howell's license check from the Police Department. REPORT ON PINHOOK PARK SITUATION Mr. Hill stated that, in response to the complaints brought to the attention of the Board at its meeting on July 21, 1980, concerning the use of Pinhook Park and the problems being caused to the residents in the area, he had met with police and park officials and it had been determined that the Park Board would consider, at its next meeting, suspending the parking fee for the parking lot. The residents had felt that, since there was a fee being charged for parking in the lot, the users of the park were parking on the residential streets where, in the past before the fee was instituted, they had been parking in the lot. Mr. Hill hoped that, with the suspension of the parking fee, the residents would not be plagued with park users parking in front of their homes, on their lawns and blocking their driveways. Additionally, the problems that have been experienced during the night have subsided, according to Mr. Hill, and he stated that the police and the admin- istration will continue to monitor the situation. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the report was accepted. D 1 REGULAR MEETING AWARD BIDS - FIRST BANK CENTER ATRIUM (CURTAIN WALL, STRUCTURAL STEEL AND SPRINKLER) AUGUST 4, 1980 Mr. McMahon recommended that the Board award the following bids, which were received and opened at the Board's meeting of July 7, 1980: Interstate Glass in the amount of $453,633.00 - The drawings had specifically excluded the stainless steel band through a portion of the curtain wall, but Interstate Glass will.supply the glass in Veri- Tran in exchange for a reduction in the guarantee from five years to two years. St. Joseph Valley Structural Steel in the amount of $327,000.00 - This was an alternate bid, and the drawings included a statement that the contractor could redesign the joists and submit an alternate on the design. Automatic Sprinkler Corporation in the amount of $67,398.00. Upon a motion made by Mr. McMahon, seconded by Mr. Ke.rnan and carried, the above bids were awarded, subject to the filing of the required Certificate of Insruance, Performance Bond and Labor and Materials Payment Bond. Mr. McMahon: stated that the project would be over - budgeted to a certain extent and there would need to be a shift in funding the walkway from the First Bank Center to Century Mall in that the walkway would cross Washington_ Street and into the front of Century Center. APPROVAL OF DOCUMENTS -*FIRST BANK CENTER - MARRIOTT HOTEL PROJECT Mr. Hill explained that additional documents were being submitted for Board approval, which consisted of a First Supplement to Indenture of Trust and an Amendatory Agreement (Loan Agreement). He stated that the First Supplement to Indenture of Trust was between the city and First Bank & Trust as trustee of the industrial revenue bond. The Loan Agreement was between the city and Rahn Properties. He explained that both documents approve certain technical amendments to the original documents and approval was needed in order to disburse funds to Rahn. Mr. McMahon added that approval of the documents would not create any fiscal impact on the city. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the above documents were approved and executed by the Board. APPROVAL OF VEHICLE PURCHASE FOR FIRE.DEPARTMENT Fire Chief Timothy J. Brassell submitted to the Board copies of bid confirmations from Gates Chevrolet for the purchase of one 14 -foot Step Van which the Fire Department will convert into a new rescue unit. He explained that he had contacted all area dealers and it had been determined that Gates would best meet the needs of the department. In addition, the vehicle could be supplied immediately and at the best price available. Mr. Hill asked about the other quotes received, and Chief Brassell stated that the van from Gates would cost $9,200; Shamrock Ford had given the chief a price of $11,000 to $11,500; and Martin Chevrolet, Bremen, had bid $9,600.00. He stated that Chevrolet or General Motors was the only manufacturer of standard van -type vehicles. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, approval was given for the purchase of the Gates Chevrolet van at $9,200.00. APPROVAL OF CHANGE ORDER NO. 1 O'NEAL TRUCKING (PHILLIPA SEWERS Mr. McMahon stated that O'Neal was submitting Change Order No. 1 in the amount of $4,982.35 for the removal and replacement of sidewalk at various locations throughout the project. He explained that this work had not been anticipated for the project. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the change order was approved. Y. REGULAR MEETING AUGUST 4. 1980 APPROVAL OF CHANGE ORDER NO. 1 - RIETH -RILEY CONSTRUCTION (IRELAND ROAD WIDENING) Mr. McMahon stated Change Order No. 1 connected with the Common Council had this cost. Upon a Hill and carried, that Rieth -Riley Construction was submitting in the amount of $30,579.75 for various items road widening project. He stated that the appropriated the necessary funds to address motion made by Mr. McMahon, seconded by Mr. the change order was approved. APPROVE REQUEST TO ADVERTISE FOR BIDS (INTERSECTION SIGNALIZATION) Mr. Joseph J. Pluta, Assistant Manager of the Bureau of Traffic and Lighting, requested permission to advertise to receive bids for the signalization of the following intersections: Angela and North Shore; Angela and Riverside; Donmoyer and Michigan; and Western and Summit Mr. McMahon explained that the Common Council had previously approved funding for the above intersection signalizations. -Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, permission was given to advertise for bids for the above projects. SIGNING OF TITLE SHEET (INTERSECTION SIGNALIZATION) Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the title sheet for the intersection signalizations of Angela and North Shore; Angela and Riverside;.Donmoyer and Michigan; and Western and Summit was approved. APPROVAL OF AGREEMENT "(RAILROAD CROSSING IMPROVEMENTS - SAMPLE ST.) Mr. McMahon stated that the city submits annual requests to the railroads for improvements to railroad crossings. In this particular case, the crossing involved was located on Sample Street. He explained that the total cost of the improvements was estimated at $52,800.00, of which the city would pay 10 %. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the agreement with the Norfolk and Western Railway was approved and executed. . FILING OF REPORTS AND ADOPTION OF VACATION RESOLUTION NO. 3494, 1980 (RUM VILLAGE ADDITION) VACATION RESOLUTION NO. 3494, 1980 RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, That it is,desirable to vacate the following: The first east -west alley north of Ewing running east from Webster to the first north -south alley for a distance of 128 feet in Rum Village Park, 2nd Addition to City of South Bend. 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: Lots No. 15, 16, 17 & 18, Rum Village Park 2nd Add. D 1 1 REGULAR MEETING AUGUST 4. 1980 Notice of this Resolution shall be published on the 8th & 15th day of August, 1980, in the South Bend Tribune and in the Tri- County News. This Board, at its office, on the 25th day of August, 1980, at 9:30 o'clock, A.M., will hear and receive remon- strances from all persons interested in or affected by these proceedings. Adopted this 4th day of August, 1980. BOARD OF PUBLIC WORKS s/ Patrick M. McMahon s/ Richard L. Hill s/ Joseph E. Kernan ATTEST: s/ Barbara J. Byers., Clerk Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the reports were filed and Vacation Resolution No. 3494, 1980, was adopted and a public hearing set for August 25, 1980. FILING OF REPORTS AND ADOPTION OF VACATION RESOLUTION NO. 3495, 1980 (ST. JOSEPH'S HOSPITAL) VACATION RESOLUTION NO. 3495. 1980 RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, That it is desirable to vacate the following: North -South alley from LaSalle Avenue north to the east -west alley between Notre Dame Avenue and St. Peter Street; and East -West alley from N. Notre Dame Avenue west to N. St. Peter Street between E. LaSalle Street and Madison Street; Both in Sam Cottrell's 1st Addition to Lowell, South Bend, Indiana. 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: Lots No. 278, 279, 280, 284, 285, 286, 287, Sam Cottrell's 1st Addition to Lowell, South Bend, Indiana. Notice of this Resolution shall be published on the 8th & 15th day of August, 1980, in the South Bend Tribune and in the Tri- County News. This Board, at its office, on the 25th day of August, 1980, at 9:30 o'clock, A.M., will hear and receive remonstrances from REGULAR MEETING AUGUST 4, 1980 all persons interested in or affected by these proceedings. Adopted this 4th day of August, 1980. BOARD OF PUBLIC WORKS s/ Patrick M. McMahon s/ Richard L. Hill s/ Joseph E. Kernan ATTEST: s/ Barbara J. Byers, Clerk Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the reports were filed and Vacation Resolution No. 3495, 1980, was adopted and a public hearing set for August 25, 1980. FILING OF REPORTS AND ADOPTION OF VACATION RESOLUTION NO. 3496, 1980 (EUCLID ADDITION) VACATION RESOLUTION NO. 3496, 1980 RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, That it is desirable to vacate the following: The first alley north of Northside Boulevard running west from Clover to the intersecting north- south alley between Lots 108 and 109 in Euclid Park Sub - division, South Bend, Indiana 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: Lots No. 108 & 109, Euclid Park Sub- division Notice of this Resolution shall be published on the 8th & 15th day of August, 1980, in the South Bend Tribune and in the Tri- County News. The Board, at its office, on the 25th day of August, 1980, at 9:30 o'clock, A.M., will hear and receive remonstrances from all persons interested in or affected by these proceedings. Adopted this 4th day of August, 1980. BOARD OF PUBLIC WORKS s/ Patrick M. McMahon s/ Richard L. Hill s/ Joseph E. Kernan ATTEST: s/ Barbara J. Byers, Clerk Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the reports were filed and Vacation Resolution No. 3496, 1980, was adopted and a public hearing set for August 25, 1980. REGULAR MEETING AUGUST 4. 1980 FILING OF ASSESSMENT ROLL - VACATION RESOLUTION NO. 3492, 1980 (HIGH INDUSTRIAL PARK SUBDIVISION) Patrick M. McMahon, P.E., Civil City Engineer,.filed an Assessment Roll with respect to Vacation Resolution No. 3492, 1980, for the vacation of a 20' and 14' alley that runs northwesterly off of High Street, 33' south of Sample Street for a distance of 250' more or less, in the N.E. (4) of Section 13, Township 37 North, Range 2 East in the City of South Bend, Indiana. - The following property may be injuriously or beneficially affected by such vacation: High Industrial Park The Assessment Roll lists $0.00 net damages and $0.00 net benefits to the abutting properties. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the Assessment Roll was filed and set for public hearing on September 8, 1980. APPROVE TEMPORARY TRAILER- 1631 SOUTH CHAPIN STREET Mr. Robert Spicher, 801 North Nappanee Street, Nappanee, Indiana, requested permission to set up a temporary trailer to be used as a work office at 1631 South Chapin Street as soon as possible and until December 31, 1980. His letter indicated that he would be doing certain remodeling work on the home at that location. Mr. McMahon noted that the Building Department had recommended approval of the request. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried,.the request to set up a temporary trailer through December 31, 1980, was approved. REQUEST FOR BLOCK PARTY '(1800 NORTH COLLEGE) A request for a block party from the residents in the 1800 block of North College on Sunday, August 24, 1980, from.noon until midnight was received by the Board. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the request was referred to the Bureau of Traffic and Lighting and the Traffic Division of the Police Department for review and recommendation. APPROVE CLOSING OF CHAPIN STREET BETWEEN CALVERT AND BRUCE (OUR LADY OF HUNGARY) Mr. Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, recommended the closing of Chapin Street between Calvert and Bruce for Our Lady of Hungary's Annual Fun Fair to be held on Saturday, August 23, 1980, from 8:00 a.m, until midnight. Upon a motion made by Mr. McMahon, seconced by Mr. Hill and carried, the request was approved. APPROVE BLOCK PARTY - SOUTH STREET A favorable recommendation was received from the Bureau of Traffic and Lighting for block party to be held on South Street, from the alley up to the island on South Street, on Saturday, August 16, 1980, beginning at 3:00 p.m. (rain date of August 17th). Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the request was approved. APPROVE BLOCK PARTY - BELMONT STREET Mr. Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, recommended Board approval of the request of Louis Seago for a block party on Belmont Street, from the intersection at Sunnyside west to the second alley, on Sunday, August 24, 1980, from 1:00 p.m. to 11:00 p.m. (rain date of August 25th from 6:00 p.m. to 10:00 p.m.). Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the block party was approved. REGULAR MEETING APPROVE BLOCK PARTY - 1300 AND 1400 BLOCKS Mr. Ralph J. Wadzinski, Manager of the Bure Lighting, recommended approval for the regt: DeCola for a block party in the 1300 and 14 Street on Saturday, August 9, 1980, from 4: night. Upon a motion made by Mr. McMahon, and carried, the request was approved. APPROVE BLOCK PARTY EAST WOODSIDE The Bureau of Traffic and Lighting submitt mendation for a block party in the 500 blo from Fellows to Erskine Boulevard, on Satu from 5:00 p.m. to midnight. Upon a motion seconded by Mr. Kernan and carried, the bl APPROVE BLOCK PARTY — OXFORD LANE AUGUST 4, 1980 WALL STREET u of Traffic and st of Ms. Pam 0 blocks of Wall 0 p.m. to 12:00 mid - econded by Mr. Kernan its favorable recom- of East Woodside, ay, August 9, 1980, jade by Mr. McMahon, k party was approved. Mr. Ralph J. Wadzinski, Manager of the Bureau of Traffic and Light -. ing recommended approval of a request for a block party on Oxford Lane between Manchester and Ebeling on Saturday, August 9, 1980, from noon until 8:00 p.m. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the request was approved. APPROVAL OF ENVIRONMENTAL CLEAN -UP OF LOTS A request from the Environmental /Action Center was received for permission to have city environmental crews clean the following lots within the city: ADDRESS Lot S. of 714 George Ave. 306 East Indiana 324 S. Taylor Lot S. of 704 N. Frances 503 S. 23rd St. 1333 E. Sorin lst Lot N. 1510 Fremont 2024 N. Johnson 725 -727 Cushing lst lot E. 2509 Bertrand 712 W. LaSalle rear of 735 Clearview 738 Notre Dame N/E corner of Clyde & Dubail 1219 E. Corby House N. 1128 Burns (burnout) Lot W. of 918 Oak 672 LaPorte 1922 Bergan S/E corner California & Johnson 1524 N. Meade 2502 Bertrand 431 LaMonte Lot S. of 606 N. Scott 606 Harrison 711 Cottage Grove 710 West LaSalle lst Lot S. of 417 Cushing 706 Cottage Grove 722 Cottage Grove lst N. of 512 Euclid 1242 Edgewood Dr. CONDITION Litter ed in Furnit Weeds Litter Weeds Weeds, Weeds Weeds, Garbag Weeds Junk c Weeds Litter Litter Weeds Litter Weeds Weeds Weeds, Litter Weeds Weeds Weeds, Litter Litter Weeds, Weeds, Litter Weeds Litter Weeds, Litter , weeds, human waste report - sealed drum, garbage & trash are weeds, junk furniture, concrete piles appliances, garbage & trash a & trash a front porch, lumber in back weeds, junk, garbage, trash weeds weeds garbage & trash weeds, fallen & dead trees garbage & trash, pipes , weeds, lumber & fencing , sofa, paneling garbage, trash, lumber garbage, trash, siding , weeds, fallen tree, junk Sc j unk weeds, garbage, trash fencing, screen, backboard & Air conditioner L C REGULAR MEETING ADDRESS lst Lot N. of 1618 N. Elmer N/E corner Eclipse & Keller 1235 W. Colfax 672 LaPorte 416 Manitou Pl. 420 Manitou Pl. 1506 N. Adams 514 N. Eddy 1219 E. Corby 937 S. 34th 1015 E. Cedar N/E corner So. Bend, St. Louis 325 N. Hill S/E corner Sorin & Arthur 1012 Campeau Lot rear of 926 Jefferson N/W corner of Broadway, Lebanon 1229 S. 34th (vacant) 2 lots W. of 409 Wenger 538 E. Haney 1 lot W. of 409 Wenger 515 Fellows Lot N. 1302 S. 27th 625 S. Fellows 1031 E. Jefferson 745 Carlisle 1312 W. Ford 1.802 S. Jackson 2022 Warren 1521 Kendall 1631 Kendall S/E corner Gertrude & Donald 1701 S. Warren Lot S. of 1709 S. Rush 228 Dubail 209 E. Dayton 411 E. Dayton 227 E. Fox S/E corner Calvert & Phillipa 214 E. Donald 1st lot N. of 533 N. Scott lst lot N. of 612 N. Scott 622 Sherman 918 Oak 218 N O'Brien lst lot N. 222 N. Huey 1046 N. O'Brien 1729 N. Huey 4000 to 4300 Linden N. side Lot S. of 225 S. Chapin 703 W. Calvert 223 S. Chapin 2019 S. Catalpa 2105 Gertrude 1724 Prairie Lot W. of 1924 W. Ewing 1706 S. William 116 E. Bowman 1832 S. Leer 301 S. Dubail 1713 S. Carroll, across st. 215 E. Donmoyer 1615 S. Marietta, lot S. 100 block W. Madison 723 N. Allen Lot S. of 137 S. Iowa AUGUST 4, 1980 CONDITION Litter, weeds, junk, auto tire Litter,.weeds Litter, junk, garbage, trash & demo. Weeds Weeds, garbage, trash Weeds, garbage, trash Litter, weeds & Junk Litter, weeds & Junk Weeds Litter, weeds, junk, garbage, trash Litter, junk Litter, weeds Weeds, poison ivy & bushes Litter, weeds Litter, weeds, garbage, trash, junk Weeds Litter, weeds Junk, trash Weeds Litter, weeds, junk, garbage, trash Weeds Weeds, bushes Weeds & bushes Litter, junk, garbage, trash Weeds, bushes Litter, weeds, garbage, trash Weeds, garbage, trash Weeds Weeds Garbage & Trash Garbage & Trash Litter Litter, garbage & trash Litter, fallen & dead trees Litter, weeds, rug Litter, weeds Litter, trash cans Litter, weeds, junk Weeds Litter, garbage & trash Weeds, large hole Litter Litter, demo. remains, junk Weeds Litter, weeds Litter, weeds, furniture Weeds Weeds, appliances Litter Litter, garbage & trash Weeds Litter, garbage & trash Garbage, trash junk, trees, wheels, garbage, trash Junk Weeds Weeds, garbage, trash Litter, weeds Litter, weeds, boarded up store Litter, weeds, demolition remains Weeds Litter, weeds Weeds Weeds Weeds, fallen & dead trees Weeds .: i REGULAR MEETING ADDRESS Lots between 2217 & 2235 Kenwood 2104 Pershing 622 Sherman 411 Cottage Grove 525 Leland 1617 N. Elmer Lot N. of 318 S. Meade Lot N. of 447 S. Wellington 514 Keasey Lot N/W corner Rush & Wenger 518 Keasey Lot N/E corner Keasey & Rush lst Lot E. of 929 Oak W. side of Scott 213 S. Scott 217 S. Scott 219 S. Scott N. of 1623 E. Wayne 223 -227 S. Scott 934 W. LaSalle CONDITIION Weeds j unk , Litter Litter Applia Junk, Brush Weeds Litter Weeds Litter Weeds Weeds, Weeds Weeds Weeds Weeds Weeds GarbaR It was noted that the property owners had the lots and had failed to comply. Upon a McMahon, seconded by 14r. Kernan and carrie approved. It was also noted that, because clean --up program, the environmental crews delay in cleaning the lots and the number accumulating. AUGUST 4, 1980 :sigh grass , demolition remains, junk , brush front yard ices, front yard rugs, branches, backyard , weeds , weeds mattress & Trash uncollected aen advised to clean up notion made by Mr. , the request was 3f the storm damage ad experienced a E lots had been APPROVAL OF CONTRACTOR'S BOND (TERRY HOREIN BUILDERS Mr. Ray S. Andrysiak recommended approval of the Contractor's Bond of Terry Horein Builders, retroactive to July 29, 1980. . Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the bond was approved retroactive to July 2I9, 1980. APPROVE RELEASE OF CONTRACTOR'S BOND (ROCKYIR. GEANS A request for release of the Contractor's B'lnd of Rocky R. Geans was received. Mr. Ray S. Andrysiak reviewed the request and recommended release of the bond, effective August 4, 1980. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the Contractor's Bond was released. APPROVAL OF HANDICAPPED PARKING PERMITS The following applications for Handicapped Parking Permits were submitted for Board approval: Raymond B. Brothers 17630 State Road 23 South Bend, Indiana John Dylewski 1417 East Monroe South Bend, Indiana Doctor's certificate was attached Doctor's certificate was attached Beverly J. Thorstenson Doctor's certificate was attached P. 0. Box 761 Mishawaka, Indiana William L. Poorman 19670 Southland South Bend, Indiana Doctor's certificate was attached Upon a motion made by Mr. McMahon, seconded the applications were approved and referred Office for issuance. by Mr. Hill and carried, to the Deputy Controller's REGULAR MEETING AUGUST 4, 1980 APPROVAL OF CETA SUBGRANT MODIFICATION Mr. Elroy J. Kelzenberg, Director of the Bureau of Employment and Training, submitted for Board approval Modification No, 2 to the agreement with Action, Inc., which modification reduced the funding obligation associated with the Winterization Field Aide and incorporated a new title budget for that position for the period July 22, 1980, through September 30, 1980. It was noted that all other parts of the initial agreement and of Modification No. 1 remained unchanged. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, Modification No. 2 was approved. APPROVAL OF CLAIMS Chief Deputy Controller Michael L. Vance submitted for approval Claim Docket No. 14352 through No. 14676. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the report was filed and the claims approved. There being no further business to come before the Board, upon a motion made by Mr. Kernan, seconded by Mr. McMahon and carried, the meeting was adjourned at 11:20 a.m. W F/K E! R'rc-Rard L. Hilt' e- ATTEST: Barbara � a- Bye , C1