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HomeMy WebLinkAbout10/27/1980 Board of Public Works MinutesREGULAR MEETING OCTOBER 27, 1980 The regular meeting of the Board of Public Works was convened at 9:30 a.m., on Monday, October 27, 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. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Hill, seconded by Mr. McMahon and carried, the minutes of the regular meeting of October 20, 1980, were approved as submitted. AWARD BID AND APPROVE CONTRACT (DRIVE Mr. McMahon noted that the Bureau of Public mending the low bid of Rieth -Riley Construct of $19,557.50 for the Fire Station No. 11 dr awarded. Bids for the project were received October 20th meeting. Upon a motion made by by Mr. Hill and carried, the bid of Rieth -Ri Company was awarded in the amount of $19,557 to perform the above work was approved. It required Performance Bond, Labor and Materia Certificate of Insurance were filed. MENTS, FIRE STATION #11 onstruction was recom- on Company in the amount ve improvements be by the Board at its Mr. McMahon, seconded ey Construction 50 and the contract as noted that the s Payment Bond and APPROVE AGREEMENTS FOR ACQUISITION OF PROPERTY (McKINLEY- MANCHESTER SIGNALIZATION) Mr. McMahon explained that, in accordance with the requirements set forth by the State Highway Commission, certain modifications in the McKinely- Manchester signalization project had been made and the intersection re- aligned which involved the acquisition of property at that location from Mr. Ralph M. Williams,',owner and developer of the Park Jefferson Apartment Complex. Mr,!. McMahon stated that the area in question would remain as a private drive to the complex when the construction work was completed. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the agreements were approved. AWARD BID AND APPROVE CONTRACT (McKINLEY- MANCHESTER SIGNALIZATION) Mr. McMahon advised that, since the negotiations to acquire property at the McKinley - Manchester intersection had been successful, the low bid of Morse Electric Company which had been received by the Board on September 15, 1980, could now be awarded and the signal - ization of the intersection could proceed. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the low bid of Morse Electric Company in the amount of $71,197.90 was awarded, and the contract to perform the above work was approved. It was noted that the required Performance Bond, Labor and Materials Payment Bond and Certificate of Insurance were filed. APPROVAL OF CHANGE ORDER NOS. 4 and 5 (RENOVATION OF 2222 LWW) Mr. James Markle, Building Commissioner, submitted the following change orders to the contract with Plaia Construction for the renovation and repair of Old Fire Station No'. 11 located at 2222 Lincolnway West: No. 4 - Substitution of sheet rock on''ceiling resulting in a decrease of $7!.00 No. 5 - Deletion of carpeting and labor resulting in a decrease of $1,380..00. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the above change orders were approved. 1 J REGULAR MEETING OCTOBER 27, 1980 APPROVAL OF PURCHASE AGREEMENT (LEASE /PURCHASE OF 2222 LINCOLNWAY WEST, YOUTH FACILITIES, INC.) Mr. Crone explained that the Lease Purchase Agreements between the city and Youth Facilities, Inc. called for the monthly payment to the city of $444.89 by Youth Facilities for the term of the lease. He stated that the property would be purchased by Youth Facilities and released back to the city for the amount of the mortgage payments on the property. Mr. Crone stated that the city was in the process of obtaining title insurance on the property. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the Purchase Agreement was approved. APPROVAL OF PURCHASE AGREEMENTS (SALE OF LAWTON STREET PROPERTIES Mr. McMahon stated that the Board and Common Council had previously approved the sale of 2505, 2601 and 2609 West Lawton Street. Appraisals for the properties had been obtained, and an offering price of $835 established for each lot. The prospective purchaser had submitted a counter -offer to the Board of $200.00, $250.00 and $250.00 respectively, in addition to conveying to the city a portion of Lot 82 in the West End Subdivision which the city was interested in acquiring in order to improve the Meade Street - Bendix Drive intersection, in conjunction with the Orange - Colfax Connector. On August 25, 1980, the Common Council approved the sale of the above three lots in accordance with the counter -offer received by the Board for a total of $700.00 and the transfer of a portion of Lot 82 in the West End Subdivision. Mr. McMahon noted that a deed had been received by the Board for the southeast corner of Lot 82, and the Clerk was instructed to record same. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the purchase agreements for the sale of the three properties were approved, and the Legal Department was instructed to prepare the appropriate Quit -Claim Deed to be turned over to the purchaser, Mr. Thomas Kinnucan, upon receipt of his check in the amount of $700.00. REQUESTS FOR STREET LIGHTS Councilman Robert Taylor, in a letter to the Board, requested the installation of street lights in the vicinity of 5734 York Road in light of recent damage to a home as a result of drag racing. In his letter, Mr. Taylor advised that there are no street lights on this portion of York Road which was opened a few years ago and connects Crest Manor to the Kensington Farms Subdivision. A request from the residents in the area of 1310 and 1314 East Donald for street lights in the alley behind those homes was received by the Board. The residents were requesting the installa- tion of the lights in view of the numerous problems they have experienced with vandalism and robberies. Mr. McMahon noted that the street light moritorium was still in effect for new installations unless it could be determined there was a public safety hazard and the installation of lights would alleviate that hazard. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the requests were referred to the Bureau of Traffic and Lighting and the Police Department for review and recommendation. FILING OF PETITION FOR BARRETT LAW SANITARY SEWER CONSTRUCTION (HAWBAKER STREET) A petition signed by the residents of Hawbaker Street for the installation of sanitary sewers under the Barrett Law procedure was received by the Board. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the petition was filed and the matter referred to the Engineering Department for the drafting of the appropriate plans and specifications for the proposed project. REGULAR MEETING APPROVE USE OF PUBLIC BUILDINGS FOR VOTING P SES OCTOBER 27, 1980 Mr. C. J. Pajakowski, Chairman of the St. Joseph County Democratic Central Committee, requested permission from the Board for the use of the following fire stations on General Election Day, November 4, 1980, for voting purposes: # 2 Fire Station 110 East !Marion # 3 Fire Station 1805 McKinley Avenue # 5 Fire Station 2221 Prairie Avenue # 6 Fire Station 4302 Western Avenue # 7 Fire Station 1616 Portage Avenue # 9 Fire Station. 2520 Mishawaka Avenue #10 Fire Station 308 West 'Ireland Road A request to use the Pinhook Pavilion and the Potawatomi Greenhouse had been approved by the Park Department. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the use of the above fire stations was approved. REQUEST TO PURCHASE OR LEASE FIRE STATION NO. 8 In a letter to the Board, Robert William requested permission to lease or purchase Fire Station No. 8 located on Olive and Washington Streets on behalf of the Naptown Riders, 242 S. Chapin Street. Upon a motion made by Mr. McMahon, seconded!by Mr. Hill and carried, the request was referred to the Controller's Office and the Fire Department for review and comments. FILING OF REPORTS AND ADOPTION OF VACATION RESOLUTION NO. 3500, 1980 (JACKSON STREET) VACATION RESOLUTION NO. 3,500, 1980 RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, that it is desirable to vacate the following: Jackson Street from Prairie Avenue north to the first east -west alley north of Prairie Avenue. 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, 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 No. 1, Replat of Walnut 4th Addition, and unplatted land directly west of and adjacent to Jackson Street. Notice of this Resolution shall be published on the 31st day of October and the 7th day of November, 1980, in the South Bend Tribune and in the Tri- County News. This Board, at its office, on the 17th day of November, 1980, at 9:30 o'clock, A.M., will hear and receive remonstrances from all persons interested in or affected by these proceedings. i C 1 REGULAR MEETING Al:.� Adopted this 27th day of October, 1980. ATTEST: s/ Barbara J. Byers, Clerk OCTOBER 27. 1980 BOARD OF PUBLIC WORKS s/ Patrick M. McMahon s/ Richard L. Hill s/ Joseph E. Kernan Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the reports were filed and Vacation Resolution No. 3500, 1980, was adopted and a public hearing set for November 17, 1980. APPROVAL OF TRAFFIC CONTROL DEVICE Mr. Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, requested Board approval of the following traffic control device: Installation of 15 Min. Parking, Monday through Saturday, 6 A.M. - 6 P.M. on the south side of 110 West LaSalle in the "intended" curb area located in the westernmost one - quarter of the block. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the above traffic control device was approved. APPROVE RELEASE OF EXCAVATION BONDS Mr. Ray S. Andrysiak recommended the Board release the Excavation Bonds of Thomas S. Brittain, and Dahco Excavation Company, 20909 West Ireland Road, South Bend, IN. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the above bonds were released effective October 27, 1980. APPROVE 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 3219 Vermont 745 South Carlisle Lot South of 315 Chestnut 925 Portage 2002 West Western 909 Napier 205 East Keasey lot 203 East Keasey lot Lot south 1121 Carroll C'nMnTTTnm litter, garbage, trash litter, weeds, garbage, trash litter, junk, garbage, trash, rats, etc. weeds over 2 ft. high litter, weeds, junk, trash Demolition remains burn -out weeds over 2 ft. high weeds over 2 ft. high weeds over 2 ft. high It was noted that property owners had been advised to clean up the lots and had failed to comply. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the request was approved. APPROVE STREET LIGHT RECOT'RZENDATIONS Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the following street light recommendations were approved: REMOVAL: T.nPATTC)NT TYPE COST /M0. South and Taylor 4000L INC OH WP $ 4.80 (2 lights) 6000L INC OH WP 5.40 10.20 REGULAR MEETING INSTALLATION: LOCATION South and Taylor TYPE 50,000L HPS OH Total Increase APPROVAL OF HANDICAPPED PARKING PERMITS OCTOBER 27, 1980 �I COST /M0. WP $12.10 Mo. _ $ 1.90 Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the following handicapped parking applications were approved and referred to the Deputy Controller's Office for issuance: George R. Banker, 114 Wakewa, S.B. Mrs. James _Curry, 1422 E. LaSalle, S.B. Louise G. Windhorst, 53166 1wyckenham, S.B. Joseph W. Skwiercz, 520 Pulaski, S.B. STREET LIGHT OUTAGE REPORT The report indicated a total of 13 outages during the period of October 15, through October 23, 1980. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, !,the report was filed. STATUS OF PRENCO OIL FACILITY Mr. McMahon noted that a letter had been received by the city from the attorney for Prenco, Mr. Lawrence Zellen, indicating that the Prenco employees had disposed of all wastes at the facility as they had been requested to do by the city. Mr. Zellen suggested that perhaps the site had been broken into and the wastes which were left in the tanks were from someone else. Mr. McMahon stated that he found it unlikely that someone had broken into the facility and filled two tanks with some chemical liquid. He stated that, on one other occasion, a tool shed had been broken into and some tools taken and that was the only time he was aware of any break -ins. He asked the Legal Department to pursue the matter. Mr. Hill felt the contents of the tanks should be determined and the question of whose wastes were in the '',tanks would be resolved. He stated that it was not known at this time,how to dispose of the chamical and an analysis would disclose that ',information. Mr. McMahon wondered if the city's laboratory would be able to test the chemical. He advised Mr. Crone that, if 'the city was not able analyze the material, he should make arrangements to have it analyzed and the cost would be included in the claim against Prenco. APPROVAL OF CLAIMS Chief Deputy Controller Michael L. Vance submitted Claim Docket No. 20030 through No. 20602 and recommended approval. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the report was filed and the claims approved. CITY POLICY ON TEMPORARY FLASHING SIGNS Mr. Ed Bassett, 548 Broadway, Niles, Michigan, questioned the Board on its policy regarding the placement of flashing signs. He stated that he operated a sign company and his business was not very good because many of the signs he had placed'',for his customers were located on the city's right -of -way, and he had been instructed to remove them. He did not feel this was fair since there were many other signs also placed on the public right -of -way and the city had not ordered their removal. He also stated that he was not satisfied with the manner in which the permits were given out by the city and wondered why a permit was needed for each individual sign. He further stated that he had been turned down by his insurance 1 REGULAR MEETING OCTOBER 27, 1980 company in trying to obtain a bond for the placement of the signs in the city, and he wondered if the city would accept proof of his insurance in lieu of a bond. He stated that the Kitty Kat Lounge had contracted with him for the placement of a sign in the right -of -way in front of the establishment, and he had been ordered by the city to remove the sign. Mr. Hill explained that the city's concern was that the public sidewalks are not to be used for those purposes, and also that the placement of these temporary flashing signs does not provide the type of environment that is positive. He stated that most business establishments provide permanent signage. Mr. Bassett felt the signs were of economic value to the city, and he could not understand why the Board would want to discourage their use. Mr. McMahon stated that, on a temporary basis, the flashing signs are allowed for a 60 -day period. He stated that, in the past, the Board has felt strongly that the temporary signs would be permissible only on that basis and that they will not be allowed in the public right -of -way. Mr. Bassett felt this was not adequately enforced and that there were many other signs in the right -of -way and nothing was being done about them. Mr. McMahon explained that, when a complaint is received by the city regarding the placement of these signs in the right -of -way, an inspection confirms the complaint and the sign is ordered removed. He stated that the city does not have one inspector who just inspects for signs, but does act accordingly when the violations are brought to the city's attention. He assured Mr. Bassett that the Board would not change its stand on the use of temporary signs nor permit the signs to be located in the public right -of -way. Mr. Bassett asked about the requirement that he be bonded, and Mr. Crone stated that he would check the ordinance to determine if proof of liability insurance would be sufficient. Mr. Bassett wondered if there would be an easier way to handle the issuance of permits, perhaps on a yearly basis, rather than individual permits for each sign erected. He again stated that he felt the ordinance was not enforced the same for everyone. Mr. Hill stated that the city would lose all control over the issuance of the permits if they were not issued on an individual basis. He disagreed with Mr. Bassett on his statement that the city was not enforcing the ordinance. He felt that Mr. Bassett's very presence at the meeting was a result of the city's enforcement of the ordinance. He stressed that violations are brought to the Board's attention in the form of complaints received. There being no further business to come before the Board, upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the meeting was adjourned at 10:05 a.m. P P , '®ra7�70)W'm ichard L. Hil o Jo ph E. Kerna ATTEST: G a__ Barbara J. Byer g, Cler