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HomeMy WebLinkAbout03/06/89 Board of Public Works Minutes62 REGULAR MEETING MARCH 6, 1969 The regular meeting of the Board of Public Works was convened at 9:38 a.m. on Monday, March 6, 1989, by Board President John E. Leszczynski, with Mr. Leszczynski, Mrs. Patricia E. DeClercq and Ms. Katherine Humphreys present. Also present was Assistant City Attorney Marva Leonard -Dent. APPROVE MINUTES OF PREVIOUS MEETINGS Upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the minutes of the regular meeting of the Board held on February 27, 1989 and the minutes of the Special Meeting of the Board held on March 3, 1989 were approved. APPROVE COMMUNITY DEVELOPMENT CONTRACT Ms. Betsy Harriman, Office of Community Development, advised that the activity outlined in the Contract submitted today is funded from a different funding source of the Department of Housing and Urban Development than previous contracts submitted. She stated that Congressman John Hiler assisted the LaSalle Fillmore Council in getting this funding and the City will assist in the appropriate paperwork for the administration of the funds for this activity. Therefore, upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the following Community Development Contract was approved: LA SALLE PARK DISTRICT COUNCIL, INC. LA SALLE-FILLMORE DAY CARE EXPANSION ACTIVITY The targeted goal for this activity is to acquire, relocate, and renovate a portable classroom to provide additional space for child care. The total cost of this activity shall not exceed $50,000.00. ADOPT RESOLUTION NO. 10-1989 - ESTABLISHING POLICIES AND PROCEDURES FOR BLOCK PARTIES AND SIMILAR EVENTS Mr. Leszczynski advised that the Resolution submitted today regarding block parties will provide guidance to the City on the procedures to follow regarding requests for block parties and similar events. He stated that the Resolution sets some controls on various aspects such as time limits and assurances that parties planned are neighborhood block parties as opposed to private parties. Mrs. DeClercq advised that the Board has been reviewing this matter for some time in order to establish a policy. Members of the Board thanked Board Attorney Marva Leonard -Dent for preparation of the Resolution submitted today for approval. In response to inquiries from the news media, Mrs. DeClercq advised that in the past there has been a wide range of requests submitted to the Board and it is the intention of the Board to make sure that when a block party is planned that the residents of the neighborhood are in support of the party and are aware of the plans to conduct a neighborhood block party. Mrs. DeClercq further stated that it was felt by the Board that it was appropriate to have a procedure in place when requests are received by the Board and the guidelines will help the Board do its job more efficiently. Ms. Humphreys stated that the major change from the procedures utilized in the past is that with the adoption of Resolution No. 10-1989, there will be a formal application process.and it will now be required that residents desiring to close a street for the purpose of conducting a block party will have to fill out the appropriate application form to be submitted to the Board. Mr. Leszczynski advised that requests received are referred to appropriate City departments and bureaus, which include the 1 1 63 REGULAR MEETING MARCH 6, L989 Bureau of Traffic and Lighting and the Police Department Traffic Division, for review and recommendation. Therefore, upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the following Resolution No. 10-1989 was adopted: RESOLUTION NO. 10-1989 A RESOLUTION OF THE BOARD OF PUBLIC WORKS ESTABLISHING POLICIES AND PROCEDURES FOR BLOCK PARTIES AND SIMILAR EVENTS WHEREAS, pursuant to Indiana Code 36-9-6-3, the Board of Public Works has authority over and the right to regulate the use of public rights -of -way within the City of South Bend; and WHEREAS, persons wishing to use and block vehicular access to the public right-of-way must obtain approval to do so from the Board of Public Works; and WHEREAS, the Board receives numerous requests for permission to use and block vehicular access to the public right-of-way for special activities such as block parties, hog roasts, neighborhood meetings and similar events; and WHEREAS, the Board supports restricting access to portions of the City, if such event(s) are based on the support of citizens residing in the neighborhood or is for the benefit and participation of those residents; and WHEREAS, the ever increasing number of requests for approval to hold said events makes it necessary for the Board to establish policies regulating the use of and blocking of access to the public right-of-way. THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that the following policies shall be applicable to all such events where there is a request for use of and the blockage of access to the public rights -of -way. All approvals granted by the Board for such events shall be subject to these policies: 1. All requests for approval to use and block access to the public right-of-way shall be filed with the Clerk of the Board of Public Works, 1300 County -City Building, not less than ten (10) working days prior to the proposed date of the event. All requests must be made on the prescribed Application Form (see Attachment "A"). 2. The Board shall refer all such requests to the Police Department Traffic Bureau and the Bureau of Traffic and Lighting for review and recommendation as to the necessary traffic control measures, traffic safety equipment and materials to ensure safe conduct of the event. Each Bureau shall thoroughly review each request and forward its written recommendation to the Board within five (5) working days after receipt of the request. 3. Maps showing the specific location of the use of public right-of-way requested are encouraged but not mandatory. 4. The Board may deny any request if it determines that the proposed event will constitute a public safety hazard, will conflict with any other event, is not an event which is consistent with the type of event described above in unnumbered paragraphs 3 and 4 or would interfere with normal City operations or services. 5. The Board may require the sponsor of any event for which approval is granted to provide a Certificate of Insurance showing W it REGULAR MEETING MARCH 6, 1989 required personal property damage insurance and liability insurance in an amount determined by the City. In all such requirements, the City must be named as a co-insured. In addition or alternatively, the Board may require that the sponsor indemnify and hold the City harmless from any and all damages, injuries, losses, claims or demands or costs proximately caused by default, culpability or negligence of the sponsor in connection with the event for which approval was granted. The required Certificate of Insurance or Indemnification Agreement must be filed with the Board not later than two (2) working days prior to the scheduled event. 6. Nothing in this Resolution shall be construed to mandate approval by the Board or to prevent the Board from imposing additional conditions or restrictions (such as date and hours of operations limitations) it deems necessary or desirable in carrying out the general purposes of this Resolution. Adopted this 6th day of March, 1989. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/JOHN E. LESZCZYNSKI, PRESIDENT s/PATRICIA DE CLERCQ s/KATHERINE HUMPHREYS ATTEST: s/Sandra M. Parmetlee, Clerk ATTACHMENT "A" APPLICATION FOR USE OF AND BLOCKING OF ACCESS TO PUBLIC RIGHT-OF-WAY FOR A PARTY OR SIMILAR EVENT This application is made to the City of South Bend, Indiana, Board of Public Works, for the use of the specified public right-of-way by SPONSOR (a.k.a. "APPLICANT") for the holding of the hereinafter described event. 1. SPONSOR requests approval to use the public right-of-way described as: for the holding of the following event (description) 2. The event shall be held on (day) (month/date) 19_, and on no other date. 3. Starting time of the event is a.m./p.m. and the estimated completion time is a.m./p.m. 4. In order to insure public safety during SPONSOR requests that the City furnish materials (i.e., barricades) necessary to restrict access (street(s) from to (cross street(s)) the event, the and equipment 5. The SPONSOR has herein attached to this Application the Certificate of Insurance or Indemnification Agreement required by the Board pursuant to Resolution No. 10-1989. 1 65 REGULAR MEETING MARCH 61- 1989 6. SPONSOR represents to the Board that this event is consistent with the concept of a "block" event. Specifically it is one which the majority of residents in the immediate area support or in the alternative do not oppose. 7. The SPONSOR agrees to abide by all terms and conditions of the Board's policy governing block parties and similar events adopted in Resolution No. 10-1989 on March 6, 1989. SPONSOR:_ ADDRESS:_ PHONE• SUBMITTED BY: (Name) ITS• (Title) To be completed by City only: REFERRED APPROVED BOARD OF PUBLIC WORKS BOARD OF PUBLIC WORKS , 19 , 19 AWARD BIDS - WASTEWATER TREATMENT PLANT IMPROVEMENTS PROJECT - CONTRACTS I, II AND III Mr. Leszczynski advised that pursuant to the adoption of Resolution No. 6-1989 on February 20, 1989, indicating support of contract award, the appropriate Notices of Awards are being submitted to the Board at this time for approval and execution. Therefore, upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski and carried, the following Contracts were awarded: Bid Division Bid Amount Bidder Contract I and III $10,076,550.00 Superior Construction Co., Inc., Gary, IN Contract II 7,635,000.00 Calumet Construction Corp., Hammond, IN Mr. Mark Tenney, TenEch Engineering, Inc., advised that the delay in awarding the above bids until today will not have an effect on the completion date of the project. He stated that the Notices to Proceed are ready to be delivered and the contractors are ready to begin. APPROVE UNIFORM RENTAL CONTRACT Mr. Leszczynski advised that pursuant to the award of the bid for rental of new uniforms for various City departments and bureaus to Monarch Industrial Towel & Uniform Rental, Inc., 812 North Wilber Street, South Bend, Indiana on February 6, 1989, the appropriate Uniform Rental Contract has been submitted for approval. Therefore, upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the Contract as submitted was approved and executed. APPROVE REQUEST TO ADVERTISE FOR RECEIPT OF BIDS - ONE (1) 2.5 CUBIC YARD RUBBER TIRE LOADER In a letter to the Board, Mr. Robert Kruszynski, Manager, Department of Sanitation, requested that the Board advertise for REGULAR MEETING MARCH 6, 1989 the receipt of bids for one (1) 2.5 cubic yard rubber tire loader that will be used by the Department of Sanitation, Bureau of Sewers. Mr. Kruszynski further advised that this item was approved in the 1989 budget. Also, the proposed bid will reflect a trade-in of one (1) 1975 Case W20B Rubber Tired Loader. Therefore, upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the above request was approved. REQUEST FOR DESIGNATED HANDICAPPED PARKING SPACE AT 1808 FLORENCE STREET - REFERRED In a letter to the Board, Ms. Willie Bell, on behalf of Mr. Enach Brownlee, requested that the parking space in front of Mr. Brownlee's residence at 1808 Florence Street be designated as a handicapped parking space. Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the request was referred to the Bureau of Traffic and Lighting and the Police Department Traffic Division for review and recommendation. EST OF RIVER PARK ( OF CHRIST TO CONDUCT PARADE IN CONJUNCTION WITH VACATION BIBLE SCHOOL PROGRAM - MAY 28, 1989 - REFERRED In a letter to the Board, Mr. David Misner, Minister, River Park Church of Christ, 833 South 30th Street, South Bend, Indiana, requested permission to conduct a parade in the River Park area, by the River Park Church of Christ, on Sunday afternoon, May 28, 1989 from 4:30 to 6:00 p.m. Mr. Misner stated that the purpose of the parade is to promote within the community of River Park their Vacation Bible School. Submitted with the request was a detailed description of the route to be utilized. Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the request was referred to the appropriate City departments and bureaus for review and recommendation. REQUEST TO CLOSE SECTION OF KALORAMA STREET, BETWEEN NORTH ST LOUIS BLVD. AND HILL STREET FOR NEIGHBORHOOD PARTY - MARCH 17 1989 - REFERRED In a letter to the Board, Mr. Steven W. Highter, 733 North St. Louis Street, South Bend, Indiana, on behalf of the residents of 717, 733, 734 and 806 North St. Louis Blvd., requested that a section of Kalorama Street, between North St. Louis Boulevard and Hill Street, be blocked off from 12:00 noon to 7:00 p.m, on March 17, 1989 as they are planning a party to integrate the students and the permanent residents of the neighborhood. Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the request was referred to the appropriate City departments and bureaus for review and recommendation. APPROVE REQUEST OF DEPARTMENT OF ECONOMIC DEVELOPMENT FOR CITY TO PETITION FOR VACATION OF RIGHT-OF-WAY In a letter to the Board, Ms. Ann E. Kolata, Director, Redevelopment Commission, advised that the Redevelopment Commission is requesting the Board of Public Works to petition the South Bend Common Council for the vacation of Washington Street between Niles Avenue and the East Race more specifically described as follows: That portion of Washington Street west of Niles Avenue described as follows: Beginning at the southeast corner of Lot 48 of the original Town of Lowell thence west along the south line of said Lot 48 which is also the north right-of-way line of Washington Street a distance of 132 feet to a point; thence southeasterly to a point on the south right-of-way line of Washington Street which point is 70 feet west of the west right-of-way line of Niles Avenue; thence east 70 feet along said south E 67 1 1 REGULAR MEETING MARCH 6 1989 right-of-way line of Washington Street to the west right- of-way line of Niles Avenue; thence north 82.5 feet more or less along the west right-of-way line of Niles Avenue extended to the place of beginning, containing approximately 8,332 square feet. Ms. Kolata advised that the vacating of this portion of Washington Street will facilitate the orderly development, design and construction of a major corporate headquarters office building that has been deemed compatible with the objectives of the Development Plan for the East Bank. The siting of this office building will have direct positive economic impact on the Central Business District as well as the East Bank. Therefore, Ms. Kolata asked for Board approval of the above outlined request by the filing of the Petition for Vacation with the Common Council. Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the request was approved and the Vacation Petition signed by members of the Board for filing with the Common Council. UEST TO CLOSE RIVERSIDE EN CALIFORNIA AND vy-uuzy, IN CONJUNCTION WITH EASTER EGG HUNT - MARCH 25, 1989 Mr. Leszczynski advised that the Bureau of Traffic and Lighting and the Police Department Traffic Division have reviewed the above referred to request submitted to the Board on February 27, 1989, and recommend approval. Therefore, upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the recommendation was accepted and the request approved. APPROVE REQUEST OF NORTHERN INDIANA CHAPTER OF MARCH OF DIMES BIRTH DEFECTS FOUNDATION TO CONDUCT ANNUAL WALK AMERICA - APRIL 22, 1989 Mr. Leszczynski advised that the appropriate City departments and bureaus have reviewed the above referred to request submitted to the Board on January 23, 1989 and recommend approval. Therefore, upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski and carried, the recommendation was accepted and the request approved. APPROVE APPLICATIONS FOR BIDDER QUALIFICATION Mr. Leszczynski advised that the applications for bidder qualification for the following have been reviewed and it is recommended at this time that the applicants be approved as qualified City bidders: 1. Field Gymmy, Inc,. 2. Kent Meters, Inc. 3. Indiana Equipment Company, Inc. 4. Protective Footwear, Inc. Therefore, upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the recommendation was accepted and the applications approved. APPROVE TRAFFIC CONTROL DEVICE Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the following one (1) traffic control device was approved: 1. REMOVAL OF: Handicap Parking Space LOCATION: 1234 Goodland Avenue REMARKS: Resident deceased REGULAR MEETING MARCH 6, 1989 APPROVE LICENSE APPLICATIONS - RUBBISH AND GARBAGE Mr. Leszczynski advised that the following two (2) Rubbish and Garbage license applications have been received: 1. John McClain 110 Iowa South Bend, Indiana 2. City Star Services, Inc. d/b/a Commercial Waste Disposal Company 2275 Reum Road Niles, Michigan 49120 It was noted that inspections of the trucks to be used had been conducted by the Solid Waste Bureau and all applicants were found to be in compliance. Upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the above license applications were approved and referred to the Deputy Controller's office for issuance of licenses. FILING OF HUMANE SOCIETY MONTHLY REPORT - FEBRUARY Mr. Leszczynski advised that the Humane Society of St. Joseph County, Indiana, has submitted a Monthly Report for the month of February, 1989, indicating the number of animals handled for the City of South Bend. Upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the report was accepted for filing as submitted. FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORT A report from the Department of Code Enforcement indicating a total of fifty-six (56) properties cleaned from February 20, 1989 to February 24, 1989, was submitted. Upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the report as submitted was filed. APPROVE CLAIMS Chief Deputy Controller John D. Leisenring, submitted Claim Docket No. 5410 through Claim Docket No. 5646 and recommended approval. Upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the claims were approved and the reports as submitted were filed. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the meeting adjourned at 9:55 a.m. ATT T: Sandra M. Parmerlee, Clerk 1 1