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Home My WebLink About10/09/98 Board of Public Works Special Meeting MinutesSPECIAL MEETING OCTOBER 9. 1998 A Special Meeting of the Board of Public Works was convened at 1:33 p.m. on Friday, October 9, 1998, by Board President James R. Caldwell, with Mr. Lewis N. Powell and Ms. M. Catherine Roemer present. Ms. Michelle Engel, Board Attorney, was not present. Present was Assistant City Attorney Anne Bruneel. AGENDA ITEMS ADDED Upon a motion made by Mr. Caldwell, seconded by Mr. Powell and carried, the following items were added to the agenda: - Claims - Environmental Indemnity Agreement - Construction Contract FAVORABLE RECOMMENDATION - INGRESS/EGRESS EASEMENT RELEASE/FOREST VIEW TRAIL VACATION Mr. Caldwell indicated that the Common Council has submitted to the Board an Ingress/Egress Easement Release/Forest View Trail Vacation as completed by Mr and Mrs. Loren Roth, 1526 Meadow Trail, South Bend, Indiana: Ingress -Egress Easement Release/Forest View Trail Vacation, as submitted. Mr. Caldwell advised that the Board is in receipt of favorable recommendations from the Area Plan Commission, Police Department, Fire Department, Sanitation, Department of Economic Development and the Department of Public Works, subject to any utility easements. Therefore, Mr. Powell made a motion that the Board send a favorable recommendation to the Common Council. Ms. Roemer seconded the motion which carried. FAVORABLE RECOMMENDATION - PETITION TO VACATE AN ALLEY Mr. Caldwell indicated that the Common Council has submitted to the Board a Vacation Petition as completed by Mr. Andrew Thoma, 518 East Dayton, South Bend, Indiana to vacate the following alley: First north south alley east of Fellows Street from the south right of way of East Dayton Street to the north right of way of the first east west alley south of East Dayton Street for a distance of approximately 120 feet and a width of 14 feet. Part located in Studebaker's Second Addition, City of South Bend, St. Joseph County, Indiana. Mr. Caldwell advised that the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Area Plan Commission, Police Department, Fire Department, Sanitation, Department of Economic Development and the Department of Public Works, subject to any utility easements that may be required, and an ingress/egress easement by both adjacent property owners. Therefore, Mr. Powell made a motion that the Board send a favorable recommendation to the Common Council concerning this Vacation Petition. Mr. Caldwell seconded the motion which carried. FAVORABLE RECOMMENDATION - PETITION TO VACATE AN ALLEY Mr. Caldwell indicated that the Common Council has submitted to the Board a Vacation Petition as completed by the Neighborhood Housing Services, Post Office Box 1972, South Bend, Indiana to vacate the following alley: The first east west alley south of East Bissell Street from the dead end of this alley at Lot 23, North Sunnyside 2nd Addition, City of South Bend to the west property line of Lots 80 and 75, Park Place 2nd Plat, City of South Bend, for a distance of 133.2 feet and a width of 12 feet. Mr. Caldwell advised that the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Area Plan Commission, Police Department, Fire Department, Sanitation, Department of Economic Development and the Department of Public Works. The Bureau of Sanitation has stated that if the alley is vacated, they could make the trash pick-ups at curb side. SPECIAL MEETING OCTOBER 9, 1998 Therefore, Ms. Roemer made a motion that the Board send a favorable recommendation to the Common Council concerning this Vacation Petition. Mr. Powell seconded the motion which carried. UNFAVORABLE RECOMMENDATION - PETITION TO VACATE PROPERTY Mr. Caldwell indicated that the Common Council has submitted to the Board a Vacation Petition as completed by the Walnut Grove Mutual Housing Corporation, South Bend, Indiana to vacate the following property: Twenty-seventh (27th) Street from the south right of way of East McKinley Avenue to the north right of way of East Colfax Avenue for a distance of approximately 700 feet and a width of 60 feet. Located in Walnut Grove Mutual Housing Corporation. The Board of Public Works received unfavorable recommendations from the Fire Department, Bureau of Sanitation, Division of Engineering and the Area Plan Commission concerning this vacation. This street is an important connector street that offers one of the only routes in this area between McKinley Avenue and Mishawaka Avenue and points further south. In addition, traffic to and from St. Anthony's school to the south as well as eastbound traffic on Colfax both use this street to reach McKinley Avenue. A traffic light on the corner of Jefferson and 27th Street controls much of the traffic flow through this area. Vacating this street would disrupt the traffic flow in this area and cause increased traffic through other nearby residential neighborhoods. Also, increased response times for emergency vehicles could result from this vacation. For all of the above listed reasons, and because this vacation will hinder the use of a public way by surrounding neighborhoods, this petition is inconsistent with the guidelines of I.C. 36-7-3-13 and is therefore recommended that it be denied. Mr. Wayne Johnson believed that this closing would cut down on the extra traffic and speeders. He did not believe that the Fire Department uses this area. Mr. James Duxbury, 2635 Tamarack Place, believes problems with traffic, security and the trash would be cut down with the closing. Mr. Paul Myers, 108 North 29th, suggested a guardrail to close offthe road as other areas have used. Mr. Ray Bennett, 103 South 26th, expressed his concern about the safety of backing out on this street. He feels it is too busy and people drive too fast. Mr. Caldwell stated that the biggest concern involves fire response time. Mr. Roemer concurred with residents about trash and speeding, but wondered if another alternative has been looked at. Mr. Powell questioned how many units were involved in this area, which was approximately two hundred fifty (250). Therefore, Mr. Caldwell made a motion that the Board send an unfavorable recommendation to the Common Council concerning this Vacation Petition. Ms. Roemer seconded the motion which carried. FAVORABLE RECOMMENDATION - PETITION TO VACATE VARIOUS STREETS/ALLEYS Mr. Caldwell indicated that the Common Council has submitted to the Board a Vacation Petition as completed by Mr. Bill Owen, Bosch Design Group, 113 Lincolnway West, Mishawaka, Indiana to vacate the following streets\alleys: Six alleys and three streets in Homeland 3rd Addition and Richard 2nd Addition (PT Vacated) See attached. Mr. Caldwell advised that the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Area Plan Commission, Police Department, Fire Department, Sanitation, Department of Economic Development and the Department of Public Works. Therefore, Mr. Powell made a motion that the Board send a favorable recommendation to the Common Council concerning this Vacation Petition. Ms. Roemer seconded the motion which carried. 11 SPECIAL MEETING OCTOBER 9, 1998 APPROVE CLAIMS Ms. Cleo Hickey, Morris Performing Arts Center, submitted claims in the amount of $17,243.52 and $23,384.12 and recommended approval. Mr. Caldwell made a motion to approve the claims as filed. Ms. Roemer seconded the motion which carried. APPROVAL OF ENVIRONMENTAL INDEMNITY AGREEMENT Mr. Caldwell stated that the Board is in receipt of an Agreement between the City of South Bend, the St. Joseph County and the St. Joseph County Jail Building Corporation, for indemnification of the St. Joseph County and the Building Corporation from any environmental enforcement issues that may arise after they take possession of the premises, for the construction of the new County Jail. Therefore, upon a motion made by Ms. Roemer, seconded by Mr. Powell and carried, the Agreement was approved and executed. APPROVE CONSTRUCTION CONTRACT - PROSPECT STREET IMPROVEMENTS - PROJECT NO. 98-70 Mr. Caldwell advised that in accordance with the bid awarded on September 28, 1998, to R&R Excavating, 2010 Went Avenue, Mishawaka, Indiana, in the amount of $283,418.25 for the above referred to project, a Contract in said amount was being submitted for Board approval. Upon a motion made by Mr. Powell, seconded by Mr. Caldwell and carried, the Contract was approved and the appropriate Certificate of Insurance, Performance Bond and Labor and Materials Payment Bond as submitted were filed. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Caldwell, seconded by Ms. Roemer and carried, the meeting adjourned at 2:15 p.m. AT ST: gela K, cob, Clerl BOARD OF PUBLIC WORKS 4�� **02 ames R. C well, �'/'APresident Lewis N. Powell, Member /�/ j��'2n�� C thenne Roemer, Mem er