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HomeMy WebLinkAbout02/04/91 Board of Public Works MinutesW46 REGULAR MEETING FEBRUARY 4, 1991 The regular meeting of the Board of Public Works was convened at 9:32 a.m. on Monday, February 4, 1991, by Board President John E. Leszczynski, with Mr. Leszczynski, Mrs. Patricia E. DeClercq and Ms. Katherine Humphreys present. Also present was Chief Assistant City Attorney Jenny Pitts Manier. AGENDA ITEM ADDED Upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the following matter was added to the agenda: 1. Award Bid - Up to twenty-five (25) new vehicles for the 1991 Police Vehicle Fleet APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the minutes of the regular meeting of the Board held on January 28, 1991, were approved. FARING AND UNFAVORABLE 1ST NIS ALLEY WEST OF LELAND AVENUE LOCA R-O-W LINE OF ASHLAND AVENUE Mr. Leszczynski advised that this was Board's Public Hearing on a proposed follows: ON - ALLEY VACATION: BETWEEN THE SOUTH the date set for the alley vacation described as The first north -south alley west of Leland Avenue, located between the South right-of-way line of Ashland Avenue for a distance of approximately 18C linear feet. A north portion of the alley is situated in the east half quarter of Section 2, Township 37 North, Range 2 East. A south portion of the alley is situated in the east half of the southeast quarter of Section 2, Township 37 North Range 2 East. The entire alley is situated in Shetterly Place, Second Addition, in the City of South Bend, St. Joseph County, Indiana. It was noted that this Public Hearing is being held in order for the Board to submit a recommendation to the Common Council concerning the Vacation Petition filed by Mr. Shawn Allan, 814 Ashland Avenue, South Bend, Indiana. It was further noted that pursuant to South Bend Municipal Code Section 18-53.8, owners whose property abut the proposed alley to be vacated as well as property owners within one hundred fifty (150) feet of the alley to be vacated were notified of the Board's Public Hearing date. Mrs. Joyce Kaniewski, 820 Ashland Avenue, South Bend, Indiana, was present and advised the Board that she is the next door neighbor to the Petitioner, Mr. Shawn Allan, and she would like to voice her protest to the proposed vacation of the alley. Mrs. Kaniewski stated that the alley in question has been used for many many years by residents along the alley as a means of deliveries and access to garages. She noted that she has lived at her address since 1952 and she and her husband, who is now deceased, have kept the alley neat for access to traffic but as the years went on property owners let bushes and shrubs grow into the alley. Mrs. Kaniewski advised the Board that the original owner of the property at 814 Ashland Avenue, Mr. Charles Geoffrion, from whom Mr. Allan is purchasing the property under land contract, built a curb along eighty feet (801) into the alley. At that time she requested that the City come out and look at the curb and determine if it encroaches into the alley. It was determined by the City that the curb did encroach and Mr. Geoffrion was asked to remove the curb but the curb was never removed. She stated that because of its placement it was more 1 1 0 REGULAR MEETING FEBRUARY 4, 1991 difficult to use the alley and therefore the alley is not used. Mrs. Kaniewski stated that Mr. Geoffrion took a portion of the alley at that time and now Mr. Allan would like to take even more. She noted that her objection is based on the fact that the City did nothing once before when Mr. Geoffrion installed the curb and now someone else is the property owner and he wants even more. Mrs. Kaniewski noted that the other persons who live at 814 Ashland use the alley to park their cars. Obviously the curb is not going to be removed and therefore the alley cannot be restored to its original intent and use. Mr. Steve Luecke, lst District Councilman, 810 Leland Avenue, South Bend, Indiana, advised the Board that the alley in question is an "S" shaped alley that is not used by the City. He noted that Mrs. Kaniewski did raise some good points and there are still two (2) garages that access off the alley as well as a utility pole in the alley. Mr. Luecke inquired of Mrs. Kaniewski if she would have the same objections if only one-half (1/2) of the alley were vacated. She advised that she would quetion the other property owners and whether they would endorse having this alley vacated. Mr. Shawn Allan, Petitioner, 814 Ashland Avenue, South Bend, Indiana, advised the Board that when he purchased the property there was a fence there since 1978. He put a new fence in and moved the shed down toward the alley as the alley was not being used. He noted that one gentleman has his garage on the alley but only uses the alley to park his cars. Mr. Allan stated that when he moved into his property the alley was a mess with overgrown weeds and bushes and he cleaned the alley up. He was not aware that there was an encroachment onto the alleyway but apparently Mr. Geoffrion did overstep his property boundaries. Mr. Allan advised that he moved his shed to the location to which he did as he did not want to cut down the Maple tree in the backyard that would have to be removed if he moved the shed to any other location. Mrs. Kaniewski stated that the shed was originally located next to the back door before it was moved to the location it is now. Mr. Luecke stated that the City Engineering Department surveyed the alley and did not feel there was an encroachment into the alley which is a fourteen foot (141) alley. Because of the curve it is difficult to find where the alley lies. Mrs. Kaniewski stated that if the cement curb that was installed by Mr. Geoffrion was moved you could tell where the alley lies. There being no one else present wishing to speak either for or against the proposed alley vacation, and no written objections having been filed with the Board, upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the Public Hearing on this matter was closed. Mr. Leszczynski stated that the City's survey crew did go out to the location and determined that Mr. Allan is encroaching into the right-of-way and that the shed can be moved without cutting down the Maple tree. Mr. Leszczynski noted that the City has not used the alley for a number of years as it is very difficult to get down. He informed the Board that during his site visit of the location, he also had difficultly in getting through the alley and had to back his vehicle out of the alley. He further advised Mr. Allan that if this Vacation Petition is denied, he would have to move his fence and shed to the property line. Mrs. Kaniewski stated that she does not use her garage at the present time and that in the past it had been her intention to extend the garage and reopen it for parking and storing her vehicle. She noted that her husband died and those plans were 0 REGULAR MEETING FEBRUARY 4, 1991 never completed. She advised the Board that in all the years she has lived in the neighborhood the residents have always respected one anothers' rights and privileges. Mrs. Kaniewski stated that because of the location of the utility pole in the alley she would not benefit from receiving any portion of the alley should it be vacated. She also noted that Indiana Michigan Power Company and the cablevision company use the alley quite a bit. Mr. Leszczynski advised Mrs. Kaniewski that should the alley be vacated the'utility companies would not be able to drive their trucks onto that property. Mrs. Kaniewski informed the Board that the other reason .she is opposed to the alley vacation is because of the potential resale value of her property. She feels that it would be more of a benefit to her and would enhance her property if the property could be sold with a garage that is usable and accessible. In response to a question from Ms. Humphreys, Mr. Leszczynski advised that favorable comments have been received from the Engineering Department, Area Plan Commission, Fire Department and Department of Economic Development concerning this proposed alley vacation. Further, in response to Ms. Humphreys' inquiry, she was advised that there is one (1) other garage that belongs to Mr. Michael Hunt, 815 Leland Avenue that is a double garage. It was noted however that Mr. Hunt gets to his garage off of Rex Street and that he just uses the alley to park his vehicles. Mr. Allan stated that if the alley is vacated from the Rex side the two (2) houses are on the border and they could still get into their garages. In regards to the alleyway, there is not much you can do with it. Mrs. Kaniewski stated that if property owners did not want other property owners to use the alley behind their homes they could prevent them from using the alley. She stated that she feels that would be wrong for them to do. In conclusion, Mr. Leszczynski indicated that by vacating the alley it would make legal the present use of the alley and would reinforce the original encroachment taken by Mr. Geoffrion. Mr. Allan stated that the vacation would free -up the alley because it is not being used. Therefore, upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the Clerk was instructed to forward to the Common Council an unfavorable recommendation on the above referred to alley vacation. OPENING OF BIDS - ONE (1) DUAL REAR WHEEL 14,500 G.V.W. CREWCAB CHASSIS - FIRE DEPARTMENT This was the date set for receiving and opening of sealed bids for the above referred to equipment. 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 bids were opened and publicly read: JORDAN MOTORS, INC. 609 East Jefferson Mishawaka, Indiana 46545 Bid was signed by Mr. Thomas L. Wargo, Non -Collusion Affidavit was in order, Non -Discrimination Commitment form was completed and a ten per cent (10fl) Bid Bond was submitted. REGULAR MEETING FEBRUARY 4, 1991 BID: One (1) 1991 Ford Dual Rear Wheel Six Man Crewcab Chassis - 173" WB; 60" CA; 14,500 lb. GVWR; Dual Rear wheels; HD front stabilizer bar. Selling price: $23,725.00 Allow for trade 1980 Chevy Step Van: - $ 4,000.00 Net Price: $19,725.00 WISE INTERNATIONAL TRUCKS 4849 West Western Avenue South Bend, Indiana 46619 Bid was signed by Mr. Richard B. Stopczynski, Non -Collusion Affidavit was in order and a Bid Bond in the amount of $2,680.00 was submitted. BID: One (1) Chassis - 1991 International Model 4600 10-profile truck chassis: $27,272.00 Trade One (1) 1980 Chevrolet Series 30 Step Van: - $ 3,500.00 Net Bid Amount: $23,772.00 Delivery: 60 days from the bid award date. Options: Rear shock absorbers: $ 53.00 Rear suspension - air: $ 1,100.00 DT-360 Turbo Engine: $ 1,915.00 The following components "Do Not" meet specifications: - Transmission: An overdrive option is not available in an Allison automatic transmission. Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the above bid was referred to the Fire Department and the Division of Equipment Services for review and recommendation. AWARD BID - STORAGE RACKS AND SHELVING LOCATED IN THE NATIONAL MILL SUPPLY BUILDING - 1045 WEST SAMPLE STREET In a letter to the Board, Mr. Phil St. Clair, Director, Division of Equipment Services, recommended that the Board approve the bid of National Inventory Reserve, P.O. Box 4584, 730 Prairie Avenue, South Bend, Indiana, in the amount of $1,640.00 for the storage racks and shelving located in the National Mill Supply Building at 1045 West Sample Street. It is noted that bids for the purchase of this equipment were received and opened by the Board on December 10, 1990. Therefore, Mrs. DeClercq made a motion that the recommendation be accepted and the bid be awarded. Ms. Humphreys seconded the motion which carried. AWARD BID - UP TO TWENTY-FIVE (25) NEW VEHICLES FOR THE 1991 POLICE VEHICLE FLEET In a letter to the Board, Mr. Phil St. Clair, Director, Division of Equipment Services, recommended that the Board approve and award the bid of Gates Chevrolet Corporation, 401 South Lafayette Boulevard, South Bend, Indiana, for the purchase of twenty (20) 1991 Chevrolet Caprice cars at a unit cost of $12,849.57 for a total cost of $256,991.40. It is noted that bids for these 32 REGULAR MEETING FEBRUARY 4. 1991 vehicles were received and opened by the Board on January 28, 1991. Mr. Leszczynski made a motion that the recommendation be accepted and the bid be awarded. Mrs. DeClercq seconded the motion which carried. ADOPT RESOLUTION NO. 2-1991 - DISPOSAL OF OBSOLETE VEHICLE Mr. Leszczynski advised that on January 14, 1991, the Board of Public Works adopted Resolution No. 1-1991 declaring obsolete a vehicle in the Fire Department fleet which was to be traded -in on a new vehicle. At this time the Board has been advised that incorrect information was provided and therefore the wrong vehicle was declared obsolete. At this time, Resolution No. 2-1991 has been prepared declaring obsolete the correct vehicle which will be traded -in on a new vehicle for the Fire Department. Mrs. DeClercq therefore made a motion that the Resolution as submitted be adopted. Ms. Humphreys seconded the motion which carried and the following Resolution No. 2-1991 was adopted: RESOLUTION NO. 2-1991 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS APPROVING THE TRADE-IN OR EXCHANGE OF CITY -OWNED PROPERTY AS PART OF PURCHASE PRICE OF PROPERTY OF SIMILAR NATURE WHEREAS, it has been determined by the Board of Public Works of the City of South Bend that the following described property is unfit for the purpose for which it was intended and should be traded in or exchanged for property of a similar nature: ONE (1) 1985 GMC JIMMY S41G5EK18H3FF519380 WHEREAS, it has been determined by the Board of Public Works of the City of South Bend that the following described property is of a similar nature to the above -described property and should be purchased, with the above -described property being traded in so as to reduce the purchase price, in part or in full: ONE (1) 1991 CHEVY SUBURBAN S#GNGV26K9MF122984 WHEREAS, I.C. 36-1-11-9 authorizes the Board of Public Works to trade in or exchange City -owned property for partial or full reduction in the purchase price of property of a similar nature. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, AS FOLLOWS: 1. The following described property shall be traded in or exchanged as a reduction on the purchase price of the following described property of a similar nature: PROPERTY TO BE TRADED -IN: One (1) 1985 GMC Jimmy S#1G5EK18H3FF519380 PROPERTY TO BE PURCHASED: One (1) 1991 Chevy Suburban S#GNGV26K9MF122984 2. That the latter described property, in No. 1 immediately above, shall be purchased from Gates Chevrolet Corporation, for a total purchase price of fifteen thousand five hundred ninety five dollars and forty-six cents ($15,595.46) the same reflecting a reduction for the trade-in or exchange of the former described property, in No. 1 immediately above. J 1 REGULAR MEETING FEBRUARY 4, 1991 n 1 3. That the traded in or exchanged property, to wit: One (1) 1985 GMC Jimmy - S41G5EK18H3FF519380 shall be removed from the inventory of the City of South Bend. ADOPTED this 4th day of February, 1991. BOARD OF PUBLIC WORKS CITY OF SOUTH BEND, INDIANA s/John E. Leszczynski, President s/Patricia E. DeClercq, Member s/Katherine Humphreys, Member ATTEST: s/ Sandra M. Parmerlee, Clerk ADOPT RESOLUTION NO. 3-1991 - SALE OF CITY -OWNED PROPERTY - 514 WALNUT STREET Mr. Leszczynski advised that the request to purchase the above referred to City -owned property has been reviewed by various City departments and bureaus and approval is recommended. Therefore, the appropriate Resolution has been prepared and submitted to the Board for adoption. Mrs. DeClercq made a motion that the Resolution as submitted be adopted. Ms. Humphreys seconded the motion which carried and the following Resolution No. 3-1991 was adopted: BOARD OF PUBLIC WORKS RESOLUTION NO. 3-1991 WHEREAS, the Board of Public Works of the City of South Bend, Indiana, has compiled a current detailed inventory of all real property owned by the City of South Bend; and WHEREAS, the Board of Public Works has reviewed said inventory of real property and it finds that a certain parcel of real estate now owned by the City of South Bend is not necessary to the public use and is not set aside by State and City laws for public purposes; and WHEREAS, the Board of Public Works finds that the property described below has an assessed valuation of less than $2,000.00, that the cost of maintaining said parcel equals or exceeds the estimated fair market value of the parcel, and that the highest and best use of the parcel is sale to an abutting landowner. WHEREAS, the Board of Public Works now wishes to take the necessary action to make it possible for the Board, in the future, to sell said parcel of real estate pursuant to State statutes. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend, Indiana: 1. That the parcel of real estate owned by the City contained in the following list is not necessary to the public use, is not set aside by State or City laws for public purposes, that the cost of maintaining said parcel equals or exceeds the estimated fair market value of said parcel and the highest and best use of said parcel is sale to an abutting landowner: REGULAR MEETING FEBRUARY 4, 1991 ADDRESS 514 WALNUT STREET ADOPTED this 4th day of February, 1991. ATTEST: s/Sandra M. Parmerlee, Clerk 101*30-10 6V BOARD OF PUBLIC WORKS s/John E. Leszczynski s/Patricia E. DeClercq s/Katherine Humphreys APPROVE AGREEMENT FOR STAFF SUPPORT - URBAN ENTERPRISE ASSOCIATION/DEPARTMENT OF ECONOMIC DEVELOPMENT Ms. Pamela C. Meyer, Program Manager, Urban Enterprise Zone, submitted to the Board an Agreement for Staff Support between the South Bend Urban Enterprise Association, and the City of South Bend by and through the Board of Public Works on behalf of the Economic Development Department and Legal Department. Ms. Meyer noted that this is a renewal of the ongoing Agreement. She further noted that this Agreement was previously submitted on an annual basis but at this time the Agreement submitted is for a term of four (4) years. She noted, however, that the Agreement will go before the Enterprise Board on an annual basis for the dollar amount. It is noted that the term of the Agreement submitted today is January 1, 1991 to and including December 31, 1994. Ms. Humphreys made a motion that the Agreement as submitted be approved and executed. Mrs. DeClercq seconded the motion which carried. APPROVE ESCROW AGREEMENT - REMODELING OF NEW EQUIPMENT SERVICES BUILDING Mr. Leszczynski advised that pursuant to the bid award on January 7, 1991, to L.L. Geans & Sons, Inc., 56535 Magnetic Drive, Mishawaka, Indiana, for the remodeling of the new Equipment Services Building at 1045 West Sample Street, the required Escrow Agreement has been prepared and submitted to the Board for approval and execution. It is noted that the Escrow account will be set-up at the Society Bank. Mrs. DeClercq made a motion that the Escrow Agreement be approved. Ms. Humphreys seconded the motion which carried. REQUEST OF CHET WAGGONER LITTLE LEAGUE TO CONDUCT PARADE - MAY 4, 1991 - REFERRED In a letter to the Board, Ms. Georgia Campbell, President, Chet Waggoner Little League, 1846 North Huey Street, South Bend, Indiana, requested approval to conduct the Chet Waggoner Little League Parade on Saturday, May 4, 1991 beginning at 8:00 a.m. at the Coveleski Stadium. The route for the parade is as follows: Begin in Coveleski Stadium parking lot on Taylor Street; proceed north on Taylor Street to Washington; East on Washington to William Street; north on William to Portage Avenue; north on Portage Avenue to Cleveland Road; east on Cleveland Road to Riverside Drive; south on Riverside Drive to the Park entrance (located at the rear of the St. Joseph County Highway Garage, 3301 Riverside Drive). REGULAR MEETING FEBRUARY 4, 1991 ON Mrs. DeClercq made a motion that this request be referred to the appropriate City departments and bureaus for review and recommendation. Ms. Humphreys seconded the motion which carried. REQUEST OF CRIME STOPPERS TO CONDUCT 4TH ANNUAL MOONLIGHT WALK - MAY 5, 1991 - REFERRED In a letter to the Board, Mr. Paul R. Obermeyer, Walk Director, South Bend Area Crime Stoppers, Inc., 701 West Sample Street, South Bend, Indiana, requested permission for Crime Stoppers to conduct their 4th Annual Moonlight Walk on Sunday, May 5, 1991 from 6:00-8:00 p.m. utilizing the following route: Begin at Coveleski Stadium, proceed on South Street east to Lafayette, Lafayette north to Western, Western east to Jefferson, Jefferson east to Ironwood, Ironwood south to Mishawaka Avenue, Mishawaka Avenue west to Beyer Street, Beyer Street west to Lincolnway East, Lincolnway East north to Monroe, Monroe west to Lafayette and Lafayette south to South Street. Mrs. DeClercq made a motion that the request be referred to the appropriate City departments and bureaus for review and recommendation. Ms. Humphreys seconded the motion which carried. APPROVE REQUEST TO ADVERTISE FOR RECEIPT OF BIDS - SALE OF ABANDONED VEHICLES Mrs. Patricia E. DeClercq, Director, Department of Code Enforcement, requested permission to advertise for the sale of approximately twelve (12) abandoned vehicles, which are being stored at Super Auto Salvage Corporation, 3300 South Main Street, South Bend, Indiana. It was noted that all vehicles have been stored more than fifteen (15) days, identification checks had been run for auto theft and the owners and lienholders notified. Upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the above request was approved and a date of February 18, 1991, was established for the receiving and opening of sealed bids. APPROVE REQUEST OF CITY AWNING TO INSTALL CANOPY AT 2410 MISHAWAKA AVENUE (AMERICAN LEGION POST 303) Mr. Leszczynski advised that the appropriate City departments and bureaus have reviewed the above referred to request which was submitted by City Awning on January 14, 1991, and approval is recommended. Therefore, Mrs. DeClercq made a motion that the request be approved. Mr. Leszczynski seconded the motion which carried. APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski and carried, the following three (3) traffic control devices were approved: 1. NEW INSTALLATION: LOCATION: REMARKS: 2. NEW INSTALLATION: LOCATION: 3. NEW INSTALLATION: LOCATION: Handicap Parking space 1730 South Catalpa Requested by Mrs. Anna Wilfing No Turn On Red 7 a.m. to 6 p.m. Jefferson and Twyckenham 4-Way Stop Signs Vine and 28th (24x24) REGULAR MEETING FEBRUARY 4, 1991 RELEASE CONTRACTORS AND EXCAVATION BONDS Mr. Leszczynski advised that the Engineering Department has recommended that the following bonds be released: CONTRACTOR'S BOND - William C. Severeid Effective 2-4-91 EXCAVATION BOND - Two Guys Plumbing Effective 8-1-91 Therefore, Mrs. DeClercq made a motion that the recommendation be accepted and the bonds be released. Mr. Leszczynski seconded the motion which carried. FILING OF CERTIFICATE OF INSURANCE Upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the Certificate of Insurance for Mr. Richard LaFree, LaFree Excavating, Inc., 11252 West Third Street, Osceola, Indiana, was accepted and filed. APPROVE CLAIMS Mr. Juan Manigault, Executive Director, Employment Training Services of St. Joseph County, submitted a list containing seventy-four (74) claims and recommended approval. Upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski and carried, the claims were approved and the reports as submitted were filed. PRIVILEGE OF THE FLOOR: QUESTIONS CONCERNING DOWNTOWN COMPUTERIZED INTERSECTION SIGNALIZATION PROJECT In response to questions from the news media, Mr. Leszczynski advised that construction has begun with the intersections in the downtown area which should be completed sometime in June. The intersections outside of downtown will be done in Phase II of this project which has not yet been bid. Mr. Leszczynski noted that work is being done at this time on South Main Street. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Ms. Humphreys, seconded by Mr. Leszczynski and carried, the meeting adjourned at 9:57 a.m. J hn leszczyfiAl Patricia E. DeClercq Katherine Humphreys ATT T :: Sandra M. Parmerlee, Clerk u� 1