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HomeMy WebLinkAbout11/03/1980 Board of Public Works MinutesREGULAR MEETING The regular meeting of the Board of Public 9:30 a.m., on Monday, November 3, 1980, by McMahon, with Mr. McMahon, Mr. Richard L. Kernan present. APPROVE MINUTES OF PREVIOUS MEETING NOVEMBER 3. 1980 Works was convened at President Patrick M. Hill and Mr. Joseph E. Upon a motion made by Mr. Kernan, seconded carried, the minutes of the regular meeting were approved as submitted. AGENDA ITEMS ADDED Upon a motion made by Mr. McMahon, a request of the Salvation Army for kettles throughout the city and an were added to the agenda. APPROVE SALVATION ARMY KETTLES by Mr. McMahon and Of October 27, 1980, seconded by Mr. Kernan and carried, the location update on 'the of their Christmas Prenco situation A request from Craig Stoker of the Salvation 'Army for permission to set up kettles and solicit funds at various locations throughout the city between November 28 and December 24, 1980, was submitted to the Board. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the request was approved. PRENCO OIL FACILITY UPDATE Mr. John E. Leszczynski, City Engineer, stated that it was not yet known what the contents were of the chemical liquid left in two storage tanks at the Prenco site. Mr. McMahon asked him to pursue this analysis as expeditiously as possible in order that the city could proceed on the matter. FILING OF ASSESSMENT ROLL AND PLANS, AND ADOPTION OF IMPROVEMENT RESOLUTION NO. 3501, 1980 (HAWBAKER STREET SANITARY SEWERS) The Bureau of Design and Administration, in response to a petition submitted by property owners for sanitary sewers in Hawbaker Street, presented to the Board a preliminary assessment roll, estimate and plans for the project. Mr. McMahon noted that the total cost of the improvement was estimated at $47,483.42 with the amount assessed to the city of $23,741.75. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the preliminary assessment roll, estimate and plans for the project were filed and the following Improvement Resolution was adopted and a public hearing on the proposed Improvement Resolution set for November 17, 1980: IMPROVEMENT RESOLUTION NO. ',3501, 1980 BE IT RESOLVED, by the Board of Public Works of the City of South Bend, Indiana, that it is deemed necessary to improve Hawbaker Street by the construction of a local sewer, intended and adapted only for local ',use by the property owners whose property abuts thereon and not intended or adapted for receiving sewage from collateral drains. Said sewer to be inches in diameter, and said sewer, with all its appurtenances, to be constructed in accordance with the profiles, drawings, plans, general details and specifications of such improvement approved and adopted herewith, and placed on file in the office of the Board of Public Works of said City, ',and such improvement is now ordered. The total cost of said improvement, including all incidental costs, such as advertising, abstracting, inspection and engineering, shall be assessed upon the real estate abutting on said street in accordance with applicable statutes. The said improvement is to be financed and paid for as provided in Chapter 40, of the Acts of 1953, as amended (1971 I.C. 18 -6 -3). Assessments, if deferred, are to'',be paid in equal installments, with interest at the rate of '',six (6) per cent per annum. 1 u REGULAR MEETING NOVEMBER 3, 1980 The 17th day of November, 1980, at the hour of 9:30 a.m. o'clock, local time, is hereby fixed as the time and the Board of Public Works Hearing Room, Room #1308, County - City Building as the place when and where the Board will hear all persons interested, or whose property is or will be affected by the proposed improvement, on the question as to whether the special benefits that will accrue to the property to be assessed, abutting on the line of proposed sewer or drain, will be equal to the estimated cost of the improvement. On the day named, any and all interested persons who may appear before the Board shall have a full hearing on the question, and on any matter pertaining to the proposed improvement. The Clerk of the Board is hereby ordered to give notice by two weekly publications of the time and place of hearing of this resolution, in two newspapers representing the two major political parties, the first publication to be not less than ten (10) days before the date of hearing. Adopted this 3rd day of November, 1980. BOARD OF PUBLIC WORKS s/ Patrick M. McMahon s/ Richard L. Hill s/ Joseph E. Kernan ATTEST: s/ Barbara J. Byers, Clerk Notice of Hearing Published: November 7 and 14, 1980 APPROVAL OF CHANGE ORDER NO. 2 - SAMPLE STREET IMPROVEMENTS (RIETH -RILEY CONSTRUCTION) Mr. McMahon advised that Rieth -Riley Construction was submitting Change Order No. 2 which decreased the amount of the contract by $27,964.10 for the Sample Street Improvements Project. Mr. John Leszczynski, City Engineer, advised that the decrease was a result of miscellaneous items which were deducted from the original contract. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the above change order was approved. APPROVE LAWSON - FISHER PROPOSAL FOR HYDROELECTRIC FEASIBILITY STUDY Mr. McMahon stated that the city was inticipating using Lawson- Fisher Associates for consulting engineering services in order to prepare an application for a Department of Energy loan for a hydroelectric feasibility study using the dam at Century Center. He stated that the cost of the engineering services would cost $1,000, and it was anticipated that the work would be completed within 30 days. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the proposal was approved. APPROVE TRAFFIC SIGNAL AGREEMENT WITH HIGHWAY COMMISSION FOR McKINLEY- MANCHESTER INTERSECTION Mr. McMahon advised that, in order for the city to proceed with the signalization of the McKinley- Manchester intersection, an agreement with the State Highway Commission for the traffic signal system on state right -of -way was necessary. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the agreement for the installation of the signal system was approved. REGULAR MEETING NOVEMBER 3, 1980 i APPROVE COUNTER -OFFER FOR PURCHASE OF CITY -OWNED PROPERTY (1054 LaSALLE COURT) Mr. Stephen Eddy, 301 LaPorte Avenue, submitted a counter -offer to the Board of $100.00 for city -owned property located at 1054 LaSalle Court. Mr. McMahon stated that Mr. 'Eddy had previously submitted a counter -offer of $25.00 for the property which had been rejected by the Board at its meeting on October 6, 1980. It was noted that the offering price for the property had been established at $401.00. Mr. Eddy appeared before the Board and stated that since the Orange - Colfax Connector had been installed, he had no access to the south of his property and he desired to purchase the lot at 1054 LaSalle Court for this reason. Mr. Hill asked how Mr. Eddy proposed to improve the property, and Mr. Eddy stated that the area would be fenced and resurfaced with an entry onto LaSalle Court. Upon a motion made by Mr. Hill, seconded by Mr. McMahon and carried, the counter - offer of $100.00 was approved and referred to the Common Council for concurrence. APPROVE SIDEWALK SIGN AT 320 WEST JEFFERSON !BOULEVARD (ELECTION DAY) Mr. Dave Anderson, WNDU Reporter, submitted'',a letter to the Board requesting permission to place an outdoor A -frame type sign outside of the remote election studio of WNDU at 320 West Jefferson on November 4, 1980, from 4:00 p.m. until 9:00'1p.m. It was noted that the sign was approximately 3 feet wide '',and 4 feet high. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the request was approved. APPROVE PARKING SPACES FOR PARTY HEADQUARTERS (ELECTION DAY) Mr. McMahon stated that the Republican and Democratic Headquarters have, in the past, requested the use of portable "no parking" signs in front of the respective headquarters in order that certain space can be reserved for workers who report periodically to both headquarters. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the use of portable signs for this purpose was approved, and the Bureau of Traffic and Lighting was instructed to deliver the necessary signs to the respective head- quarters. APPROVE INSTALLATION OF BUS SHELTER AT MICHIGAN AND NAVARRE (MEMORIAL HOSPITAL) Mr. Chet Kolber of Memorial Hospital requested the Board's per- mission to construct an all- weather bus shelter in the tree lawn area at the northwest corner of Michigan and Navarre Streets. Upon a motion made by Mr. McMahon, secondedl,by Mr. Hill and carried, the request was approved subject to the filing of a Certificate of Insurance in the amount of $1,000,000, naming the City of South Bend as an additional insured. UEST TO PURCHASE CITY -OWNED PROPERTY (1608 PRAIRIE AVENUE Mr. Richard Cannady, 1815 Champlain Drive, Niles, Michigan, expressed an interest in purchasing the city -owned lot located at 1608 Prairie Avenue. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the matter was referred to the various city agencies for a determination as to whether or not the city need retain the property for any purpose. APPROVE DATE FOR MICHIANA LUNG RUN - JUNE 6,', 1981 Mr. Donald Dake of the American Lung Association submitted a letter to the Board requesting permission to hold the annual Michiana Lung Run in South Bend on June 6, 1981, in accordance with the route which had been submitted and utilized in past years. Upon a motion made by Mr. McMahon, seconded by Mr. ',Hill and carried, the 1 REGULAR MEETING NOVEMBER 3, 1980 date of June 6, 1981, was set aside for the organization and the request was referred to the Bureau of Traffic and Lighting, the Traffic Division of the Police Department and the Park Board for review and recommendation. APPROVE CLOSING OF WASHINGTON STREET BETWEEN 14AIN AND LAFAYETTE (VETERAN'S DAY ACTIVITY) The St. Joseph County Veteran's Commanders Council requested per - mission for the closing of Washington Street between Main and Lafayette between the hours of 10:30 a.m, and 11:30 a.m., on Veteran's Day, November 11, 1980, in conjunction with activities to be conducted at the memorial on the Courthouse lawn. Mr. Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, recom- mended approval of the request with the possibility of leaving one lane westbound open to traffic. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the recommendation was approved. APPROVAL OF TRAFFIC CONTROL DEVICE Mr. Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, recommended approval of the installation of a "no parking" sign located 30 feet south of 525 North Michigan because of a problem encountered with parked cars interfering with alignment of the southbound lane of the Michigan -Main Connector. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the above traffic control device was approved. 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 2409 Poland Railroad property west of 1709 Fassnacht 2200 N. Huey 1141 N. Adams 304 E. Indiana 1132 E. Donald Property from Scottsdale Mall & Comm. Center By -Pass 741 South Bend Ave. 819 Cushing 217 N. Albert 238 N. Albert 1348 Randolph 522 E. Indiana 1725 S. Jackson 732 S. Grant Lot N. of 738 S. 222 S. Illinois 1518 Kemble 1417 Marietta CONDITION Litter, weeds, trash uncollected Weeds Litter, brush, junk garbage, trash Junk, garbage, trash, lumber, bike tires Garbage, trash, litter, scattered limbs & bricks, junk Weeds Litter, weeds, junk Appliances, junk Cement chunks behind garage Brush, furniture, garbage uncollected Boxes, applicances, furniture Litter in alley at the trash Litter, furniture, junk Litter, junk Garbage & trash Carlisle Weeds Litter, junk, trash Litter, garbage, trash Litter, weeds, junk over entire yard Litter, garbage, trash, dead rats Litter, bushes, mattress, junk 1135 N. Notre. Dame Lot W. of 633 E. Indiana 1322 N. Olive lst Lot S. of 417 721 Cottage Grove 668 Lawndale 706 Sherman 712 Sherman Weeds, rugs, pads Birdsell Litter, weeds Lumber, rug, cardboard, limbs by alley Weeds, brush, furniture, spring, lumber Boxes, furniture, junk, garbage, trash Weeds, furniture, junk, garbage, trash REGULAR MEETING NOVEMBER 3, 1980 ADDRESS CONDITION Lot E. of 730 Broadway Litter, !,weeds, junk 1529 Lebanon Litter, ',weeds 1533 Lebanon Litter, weeds 1802 S. Jackson Litter, ',weeds, boxes 1300 block of W. Washington Litter, ',weeds, chairs, furniture 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 CONTRACTOR'S BOND - LORENZO JOHNSON'' Mr. Ray S.. Andrysiak recommended Board approval of the Contractor's Bond of Lorenzo Johnson. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the above bond was '',approved. APPROVE CANCELLATION OF CONTRACTOR'S BOND - !HAROLD JEDRZEJEWSKI Mr. Ray S. Andrysiak recommended that the Contractor's Bond of Harold Jedrzejewski, 737 South Gladstone Avenue, be cancelled as of this date. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the bond was cancelled. APPROVAL OF HANDICAPPED PARKING PERMITS 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: Jackie Prikosovich 2115 South William South Bend, Indiana STREET LIGHT OUTAGE REPORT The report indicated a October 23 and October seconded by Mr. Kernan APPROVAL OF CLAIMS Zerlinal'E. Hansman St. 1321 Edgewood Drive South Bend, Indiana total`.of two outages ''between the period of 28, 1980. Upon a motion made by Mr. McMahon, and carried, the report was filed. Chief Deputy Controller Michael L. Vance submitted Claim Docket No. 20602 through No. 20997 and recommended 'approval. Upon a motion made by Mr. McMahon, seconded by Mr.',Kernan and carried, the report was filed and the claims approved. COMPLAINT RE: BUILDING PERMIT ISSUED TO TRI -STATE HOME IMPROVEMENT FOR PROPERTY AT 201 NORTH HUEY STREET Mrs. Lenora Davis, 201 North Huey Street,;appeared before the Board, concerning the problem she had encountered with Tri -State Home Improvement Company on the construction of a porch at her home. She stated that she had experienced problems with water coming in and the foundation crumbling and she was unhappy that the city had passed inspection of the work which had been done. Mr. Hill admitted that certain problems existed in the work which had been done but that the Building Department had not passed inspection of the work and had instead contacted the builder and instructed him to correct the work done. He also stated that he had advised Mrs. Davis to contact an attorney regarding 'other complaints she had which did not deal with code conformity.': stated that he had several letters that the Building Department had sent to the contractor instructing him to make the necessary repairs which the contractor had agreed to do. Mr. James,Markle, Building Commissioner, stated that there were code violations which need I 1 1 REGULAR MEETING NOVEMBER 3, 1980 to be corrected by either Tri -State or some other contractor. He emphasized that the Building Department had never approved the work because it had never had a chance to get on the inside to make an inspection. He stated that the contractor had also stated that he was willing to make the repairs but Mrs. Davis would not let him come onto the premises to do so. Mr. Hill tried to explain to Mrs. Davis that, if the contractor had not fulfilled his part of the agreement with Mrs. Davis concerning the work to be done, it became a matter that Mrs. Davis would have to resolve with Tri - State and her attorney. He stressed that the city's only obligation and authority in the matter was to see that the code violations were corrected which the contractor was willing to do and Mrs. Davis was not. He stated that, after the code violations were corrected, Mrs. Davis may still not be satisfied with the work but the code require- ments would be met and there would be nothing more the city could do. Mrs. Davis stated that the contractor had come back six times to make the repairs and had succeeded in doing nothing but make the situation worse. She stated that she wanted another contractor to, make the repairs. She could not understand why the city would not help her. Mr. Hill again tried to explain. He stated that, in this case, Mrs. Davis was not taking advantage of a federal program such as the Bureau of Housing offered to property owners in order for them to make needed repairs on their homes using federal money. He stated that, when federal money is used, the city has some control over the work being done; however, in Mrs. Davis' case, she had contracted with the builder and would be paying for the repairs with her own money, and the only thing the city could do would be to make sure all code requirements were met. ,,Any dissatisfaction Mrs. Davis had with the contractor beyond that would be her problem and she would have no alternative but to seek legal advice to resolve the matter. Mr. Markle stated that the contractor had tried only once, after receiving his July 21st letter concerning the need to make the repairs, to go onto the property and had been run off by Mrs. Davis. He stated that she would not let the contractor back on the property to do the required work. He stated that the water problems are developing as a result of the new roof and the existing roof. He was certain this could be corrected. He stated that the siding Mrs. Davis had complained about was a cosmetic matter and was not a code violation since the city did not require a permit for siding. He stated further that the foundation work would be corrected by the contractor also. Mr. McMahon advised Mrs. Davis that all the city could do would be to force the contractor to make the repairs and comply with the code. He stated that she would have to resolve the other problems with the contractor herself. Mr. Hill stated that he felt Mr. Markle had stretched the city's authority as far as possible and that there was nothing more the city could do. He stated that that was why he had suggested to Mrs. Davis previously that she retain an attorney to help her. Mrs. Davis stated that she had contacted three other contractors who had told her the work which was done was poor. Mr. Hill again stated that Mrs. Davis would need to work these matters out with an attorney and Tri - State. When she complained that she could not afford an attorney, Mr. Hill stated that that was why he had recommended she contact Legal Aid. She then stated that, on past occasions, she had contacted Legal Aid for advice but they had not been able to help her to her satisfaction. Mr. Markle stated that he felt the city had provided every service it could to Mrs. Davis and if she was not willing to let the contractor back on the property to make the required repairs, there was nothing more that could be done for her. Mr. Hill asked Mr. Markle to contact the contractor one more time to determine when he would be able to make the repairs., He concluded that, if Mrs. Davis then refused to let the contractor do the work, there would be nothing more the city would be able to do for her. REGULAR MEETING NOVEMBER 3, 1980 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 10:20 a.m. P rick q. McMahon c ar L. Hil ~ e Kernan ATTEST: Barbara J. Bye s, Cld±k 1 1 1