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HomeMy WebLinkAbout12/11/89 Board of Public Works Minutes362 REGULAR MEETING DECEMBER 11, 1989 The regular meeting of the Board of Public Works was convened at 9:35 a.m. on Monday, December 11, 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 Jenny Pitts Manier. AGENDA ITEMS STRICKEN Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the following items were stricken from the agenda at this time: 1. Purchase Agreement - Maple Lane School Access Road Property 2. Sale of Real Estate: - Request to Purchase Public Property - 126 Niles Avenue - Resolution No. 45-1989 - Authorizing the Sale of Real Estate - Demand for Payment Letter APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the minutes of the December 4, 1989, regular meeting of the Board were approved. PUBLIC HEARING AND FAVORABLE RECOMMENDATION - VACATION OF PUBLIC RIGHT-OF-WAY - PORTION OF THE SIDEWALK ADJACENT TO 111 W. WAYNE STREET Mr. Leszczynski advised that this was the date set for the Board's Public Hearing on a proposed vacation of public right-of-way described as follows: That part of the West half of the Northwest Quarter of Section 12, Township 37 North, Range 2 East, Portage Township, City of South Bend, Indiana, being described as: Beginning at the Southwest corner of Lot #288 in the recorded Plat of "Original Plat of South Bend"; thence Easterly along the South line of said Lot and parallel with the Northerly right-of-way of Wayne Street, 55.00 ft. for the true point of beginning; thence Southerly parallel with the Westerly right-of-way of Michigan Street, 4.00 ft.; thence Easterly parallel with the Northerly right-of-way line of Wayne Street, 14.00 ft.; thence Northerly parallel with the Westerly right-of-way line of Michigan Street, 4.00 ft. to the South line of said Lot; thence Westerly along said South line 14.00 ft. to the point of beginning. Containing 0.00128 acres. 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. Donald G. Cressy, Wayne Place Limited Partnership, 3930 Edison Lakes Parkway, Suite 200, Mishawaka, Indiana. It is noted that the Petitioner is the only property owner affected by this proposed vacation. Mr. Donald G. Ross, Vice -President, Commercial Development, Cressy and Everett, Inc., 3930 Edison Lakes Parkway, Mishawaka, Indiana, addressed the Board and advised that the vacation is requested for the construction of a four foot (41) by fourteen foot (141) greenhouse to be used by Ehninger's Florist. Mr. Ross submitted to the Board a scale drawing of the proposed greenhouse showing its relation to the public right-of-way and the existing building. He stated that a favorable recommendation is requested for this vacation and noted that Ehninger's is the only downtown florist and it is their intent to make the business thrive. He further stated that it is felt that this greenhouse will help attract customers. r 1 363 REGULAR MEETING DECEMBER 11 1989 There being no one else present wishing to speak either for or against the proposed vacation and no written objections having been filed with the Board, Mrs. DeClercq made a motion that the Public Hearing be closed. Ms. Humphreys seconded the motion which carried. t Further, Mrs. DeClercq made a motion that the Clerk be instructed to forward to the Common Council a favorable recommendation concerning the above referred to vacation subject to any and all utility easements. Ms. Humphreys seconded the motion which carried. APPROVE AGREEMENT - ENGINEERING SERVICES - INTERSECTION IMPROVEMENTS AT JEFFERSON & TWYCKENHAM Mr. Leszczynski advised that Cole Associates, Inc., 2211 East Jefferson Boulevard, South Bend, Indiana, has submitted an Agreement for the design of improvements at the Jefferson Boulevard and Twyckenham Drive intersection which would include widening and left turn lanes. Mr. Leszczynski noted that there was a correction made in the Agreement in regards to the insurance amounts to reflect the City's current requirements. Therefore, Mrs. DeClercq made a motion that the Agreement be approved subject to the insurance amounts being changed as recommended to reflect the City's requirements. Ms. Humphreys seconded the motion which carried. APPROVE SUBORDINATION AGREEMENT - BANGOR REFRIGERATION CORPORATION Submitted to the Board for approval and execution was a Subordination Agreement between 1st Source Bank, the City of South Bend Board of Public Works on behalf of the Economic Development Department and Bangor Refrigeration Corporation. Ms. Beth Leonard, Department of Economic Development, advised that Bangor Refrigeration received a loan from the City utilizing state grant funds. The Agreement submitted today subordinates the City's interest in the loan as 1st Source Bank has loaned more money to Bangor Refrigeration. Mrs. DeClercq made a motion that the Subordination Agreement as submitted be approved. Ms. Humphreys seconded the motion which carried. AWARD BID - WALKWAY - LA SALLE TO EAST RACE PROJECT Mr. Michael P. Meeks, Director, Division of Engineering, advised that on November 27, 1989, the Board opened bids for the above referred to project. At this time it is his recommendation that the bid be awarded to the low bidder, L.L. Geans, 56535 Magnetic Drive, Mishawaka, Indiana in the amount of $71,023.99. Mr. Meeks noted that L.L. Geans' bid contained an arithmetic error, in that the bid which they submitted on November 27, 1989, indicated a bid amount of $68,330.39 but was corrected to $71,023.99 which is still the lowest bid received for this project. Mrs. DeClercq made a motion that the recommendation be accepted and the bid awarded. Ms. Humphreys seconded the motion which carried. APPROVE WASTEWATER DISCHARGE PERMIT - I/N TEK Mr. Leszczynski advised that a revised Wastewater Discharge Permit for I/N Tek, 30755 Edison Road, New Carlisle, Indiana, has been submitted to the Board for approval. Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the revised Permit as submitted was approved and executed. In response to a question from the news media regarding this permit, Mr. Leszczynski noted that a permit had previously been issued to I/N Tek and the one submitted today is a revised Permit which relates to such matters as limitations. 364 REGULAR MEETING DECEMBER 11, 1989 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 twenty-one (21) 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 January 2, 1990, was established for the receiving and opening of sealed bids. APPROVE REQUEST OF MAIN STREET ROW PROPERTIES TO OCCUPY PUBLIC RIGHT-OF-WAY Mr. John A. Martell, Partner, Main Street Row Properties, P.O. Box 3188, South Bend, Indiana, advised that approximately thirty (30) days ago they received an Occupancy Permit issued to F.T. Forsey, Inc. for work being performed on Main Street Row properties (formerly known as the Christman building). At this time they would like to obtain an extension of this permit until March 31, 1990. Renovation is being done at this time and it involves the exterior of the building which includes the sidewalk area. Mrs. DeClercq noted that they have moved ahead with this renovation project much faster than expected and she therefore made a motion that the request be approved and the extension be granted. Ms. Humphreys seconded the motion which carried. REQUEST OF ST. JOE VALLEY CHAPTER KNIGHTS OF COLUMBUS TO CONDUCT "MARCH FOR LIFE" - JANUARY 21 1990 - REFERRED In a letter to the Board, Mr. Arthur R. Leinen, Knights of Columbus Council 553, P.O. Box 774, South Bend, Indiana, advised that the St. Joe Valley Chapter of the K of C is again planning to conduct a "March for Life" on Sunday, January 21, 1990. Mr. Leinen noted that the participants will assemble in the parking lot of Council #553 at 815 North Michigan Street at 1:30 p.m. and would then propose to march south on Michigan to Navarre Street, west on Navarre to Main Street, South on Main Street to Wayne Street and then West on Wayne Street to St. Patrick's Church on Taylor Street. Mr. Leinen noted that at St. Patrick's Church they will have an interfaith service and marchers will then make their way back to 815 North Michigan Street independently. Therefore, Mr. Leszczynski 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. REJECT BIDS - THREE (3) NEW OR LOW MILEAGE 1989 OR 1990 MODEL VEHICLES FOR THE POLICE DEPARTMENT DETECTIVE BUREAU AND APPROVE REQUEST TO RE -ADVERTISE FOR THE RECEIPT OF BIDS FOR THESE VEHICLES In a letter to the Board, Police Chief Ronald G. Marciniak advised that the Police Department is requesting that the Board reject the bids received on November 27, 1989 for the above referred to vehicles. Chief Marciniak advised that both bids received were in excess of the funds available for the purchase. At this time the Department is in need of three (3) cars for the Detective Bureau and they are receptive to bids for used rental autos as well as new. Therefore, Chief Marciniak requested that the necessary advertisements be made to allow the re -bidding for these vehicles. Ms. Humphreys made a motion that the bids received on November 27, 1989 for vehicles as indicated above be 1 365 REGULAR MEETING DECEMBER 11, 1989 rejected and the Chief's request to readvertise for the receipt of bids for these vehicles be approved. Mrs. DeClercq seconded the motion which carried. REQUESTS PREVIOUSLY SUBMITTED FOR WHICH NO BOARD OF PUBLIC WORKS ACTION REQUIRED Mr. Leszczynski advised that the appropriate City departments and bureaus have reviewed the following requests which have been previously submitted to the Board, and it has been determined that no action is required by the Board of Public Works in regards to these items: 1. REQUEST OF SOUTH BEND PUBLIC LIBRARY TO ERECT CANOPY THAT WILL ENCROACH ONTO PUBLIC RIGHT-OF-WAY ON MAIN STREET Request submitted to the Board on November 13, 1989. A review has determined that the canopy will encroach onto Indiana Department of Highway right-of-way over which the Board has no jurisdiction. No Board action is required in this request. 2. REQUEST OF FOREST SIGN & DISPLAY, INC. TO INSTALL ONE (1) ELECTRIC SIGN AT 744 SOUTH MAIN STREET Request submitted to the Board on October 30, 1989. A review has determined that the sign will encroach onto Indiana Department of Highways right-of-way over which the Board has no jurisdiction and therefore no Board action is required. 3. REQUEST OF CITY AWNING TO INSTALL BACK -LIT CANOPY AT 1511 SOUTH MAIN STREET (BLUE JEANS FACTORY OUTLET). Request submitted to the Board on November 27, 1989. A review has determined that this sign will not encroach onto the public right-of-way. Therefore, no Board of Public Works action is required. APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the following two (2) traffic control devices were approved: 1. NEW INSTALLATION: Handicap Parking Space LOCATION: 830 30th Street REMARKS: Pursuant to request submitted to the Board of Public Works on 11/3/89 by Mrs. Charles Vollmer. 2. REVISED TO: LOCATION: REMARKS: Stop Sign 4 Way Stop - 30" STOPS Leland & Riverside & California Upgrade intersection - intersection geometry warrants 4-way stop. FILING OF HUMANE SOCIETY MONTHLY REPORT - NOVEMBER Mr. Leszczynski advised that the Humane Society of St. Joseph County, IN, Inc., has submitted a Monthly Report for the month of November, 1989, indicating the number and types of animals handled for the City of South Bend. Mrs. DeClercq made a motion that the report as submitted be accepted for filing. Mr. Leszczynski seconded the motion which carried. 366 REGULAR MEETING DECEMBER 11 1989 APPROVE AND/OR RELEASE CONTRACTORS BONDS Mr. Michael P. Meeks, Director, Division of Engineering, recommended that the following Contractors Bonds be approved and/or released as indicated: - Thomas J. Mallard - Robert A. Trowbridge - Jordan Concrete Construction - Jordan Construction, d/b/a Evelyn Jordan Released 12/7/89 Approved 12/7/89 Approved 12/6/89 Released 12/7/89 Upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the Contractors Bonds for the above named individuals were approved and/or released as indicated above. FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORT A report from the Department of Code Enforcement indicating a total of fifty-one (51) properties cleaned from November 27, 1989 to December 1, 1989, was submitted. Upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the report as submitted was filed. APPROVE CLAIMS Mr. Juan Manigault, Executive Director, Employment and Training Services of St. Joseph County, submitted a list containing eighty-eight (88) claims, Chief Deputy Controller John D. Leisenring submitted Claim Docket No. 17460 through Claim Docket No. 18118 and Voucher Nos. 951-992 for the Bureau of Wastewater, Voucher Nos. 750-805 for the Bureau of Sewers and Voucher Nos. 70-72 for the Bureau of Solid Waste were submitted for approval. Upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the claims and vouchers 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 Ms. Humphreys, seconded by Mrs. DeClercq and carried, the meeting adjourned at 9:50 a.m. J hn E�.L e s &zc Patricia E. DeClercq Katherine Humphrey ATTEST: Sandra M. Parmerlee, Clerk 1- I