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HomeMy WebLinkAbout07/05/88 Board of Public Works MinutesREGULAR MEETING JULY 5, 1988 The regular meeting of the Board of Public Works was convened at 9:38 a.m. on Tuesday, July 5, 1988, by Board President John E. Leszczynski, with Mr. Leszczynski and Ms. Katherine Humphreys present. Board member Patricia E. DeClercq was not in attendance. Also present was Chief Deputy City Attorney Thomas Bodnar. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Ms. Humphreys, seconded by Mr. Leszczynski and carried, the minutes of the regular meeting of the Board held on June 27, 1988 were approved. PUBLIC HEARING AND DENIAL OF PETITION FOR DISANNEXATION - N.W. CORNER OF IRELAND AND LINDEN ROADS Mr. Leszczynski advised that this was the date set for the Board's Public Hearing on the Petition for Disannexation submitted to the Board on June 20, 1988 by Mr. James P. Knepp, Hahn, Walz and Knepp, Attorneys at Law, 509 West Washington Avenue, South Bend, Indiana, on behalf of the Petitioner, Mr. Robert J. Berta, South Bend, Indiana. The Petition for Disannexation, as filed with the Board on June 20, 1988, is as follows: STATE OF INDIANA ) ) SS: ST. JOSEPH COUNTY ) BEFORE THE BOARD OF PUBLIC WORKS ) OF THE CITY OF SOUTH BEND, INDIANA ) ROBERT J. BERTA, PETITIONER ) PETITION FOR DISANNEXATION OF REAL PROPERTY LOCATED WITHIN THE CORPORATE BOUNDARY OF SOUTH BEND, INDIANA Comes now the Petitioner, Robert J. Berta, and, pursuant to I.C. 36-4-3-17, petitions the Board of Public Works of the City of South Bend for disannexation of the following contiguous territory from within the corporate boundaries of the City of South Bend, St. Joseph County, Indiana: The East Half (1/2) of the Northeast Quarter (1/4) of Section 27, Township Thirty -Seven (37) North, Range 2 East. hereinafter referred to as the "Territory", a drawing of which is attached hereto. In support of this Petition For Disannexation, Robert J. Berta states as follows: 1. That he is the owner of the following described Real Estate located within the City of South Bend, Indiana, which Real Estate is located within the Territory sought to be disannexed: The East Half (1/2) of the Northeast Quarter (1/4) of Section 27, Township Thirty-seven (37) North, Range 2 East, EXCEPTING THEREFROM A part of the East One -Half of the Northeast One Quarter of Section 27, Township 37 North, Range 2 East, St. Joseph County, Indiana, more particularly described as follows: Commencing at the Southeast Corner of the Northeast One Quarter of said Section 27, thence North 89 degrees, 49' 52" West (an assumed bearing) 430.00 feet along the South line of the Northeast One Quarter of said Section 27, REGULAR MEETING JULY 5, 1988 said line also being the centerline of Ireland Road; thence North 00 degree 10' 08" East, 63.60 feet to the North Right -of -Way line of State Highway Project U-720 (14) Parcel 14A as described in Deed Record Book 685 Page 637, and being the place of beginning of this description; thence continuing North 00 degrees, 10' 08" East, 385.00 feet; thence North 89 degrees, 49' 52" West 200.0 feet; thence South 00 degrees, 10' 08" West 385 feet to the North line of said State Highway Right -of -Way; thence South 89 degrees, 49' 52" East, along said Right -of -Way, 200.00 feet to the place of beginning and contain- ing 1.77 acres, 2. That neither the Territory nor the Real Estate owned by the Petitioner is platted. 3. That neither the Territory nor the Real Estate owned by the Petitioner is less than One (1) acre. 4. That the Territory forms part of the corporate boundary of the City of South Bend, St. Joseph County, Indiana. 5. That the Real Estate owned by the Petitioner forms part of the corporate boundary of the City of South Bend, St. Joseph County, Indiana. 6. That notice of this Petition is being given contem- poraneously herewith in accordance with I.C. 5-3-1-1 et. seq. and by mailing notice, Certified Mail Return Receipt Requested, to all contiguous property owners located within the City of South Bend. WHEREFORE, Robert J. Berta, the Petitioner herein, requests the Board of Public Works of the City of South Bend to conduct such public hearing as is required by statute, at said Hearing to enter a finding for the disannexation of the Territory described herein, and for all other relief just and proper in the premises. Executed at South Bend, Indiana, this 3rd day of March, 1988. s/Robert J. Berta Attorney for the Petitioner James P. Knepp HAHN, WALZ AND KNEPP 509 West Washington Avenue South Bend, IN 46601 (219) 234-2118/232-5988 Mr. James P. Knepp, Hahn, Walz and Knepp, Attorneys at Law, 509 W. Washington Avenue, South Bend, Indiana, was present and addressed the Board. Mr. Knepp advised that Mr. Robert J. Berta, Petitioner, and Mr. Grama K. Bhagavan, Valley Engineering Consultants, Inc., 52303 Emmons Road, Suite 8, South Bend, Indiana, were also present to address the Board concerning the Petition for Disannexation as submitted. Mr. Knepp utilized an aerial photograph to indicate to the Board the proposed area to be disannexed. He advised that the parcel of property consists of seventy-six (76) acres bounded by Linden, Ireland and Chippewa. He stated that annexation proceedings for this property were initiated in 1969 but due to remonstrances the annexation was not completed until 1976. The property, when annexed, was zoned Al residential. Mr. Knepp stated that the reasonable and responsible use for this property is agriculture or residential. He informed the Board that the land was tried for agricultural purposes but was not successful. Also, 225,000 F_1 1 REGULAR MEETING JULY 5, 1988 cubic yards of dirt was removed for the ethanol plant construction and approximately 75,000 cubic yards of dirt was removed for the Marriott Hotel Project. He stated however, that the top soil is not amenable to farming. He further stated that the property is valued at $85.00 per acre but could not be sold at $25.00 per acre when offered for sale at that price. Mr. Knepp informed the Board that Mr. Berta acquired the property in 1986 at the time when this property was the subject of rezoning by Mr. Beutter and Mr. Gaines in order that Mr. T. Brooks Brademas could construct and operate an asphalt plant in the area. At that time, Mr. Berta purchased the property to stop the asphalt plant project and has attempted to develop it for residential use. However, at the present time, it is not economically feasible as there are no sewer or water lines in the area. Because the property is located in the City, Mr. Berta has been informed that the property cannot be developed until water and sewer lines are installed. As is, the property is not feasible to develop. Mr. Knepp further stated that two (2) other options available for use of the property are a junk yard business or trucking concerns. He reiterated that Mr. Berta bought the property to stop it from being used for that purpose. In conclusion, Mr. Knepp stated that the property must be disannexed so it can be developed. Mr. Grama K. Bhagavan, Valley Engineering Consultants, Inc., 52303 Emmons Road, Suite 8, South Bend, Indiana, addressed the Board and advised that the proposed property to be disannexed is approximately five thousand (5,000) feet from the existing sewer and water lines. He stated that in order to install sewer and water lines to the property, two (2) lift stations would be required and the total cost of the project would be one half million dollars. He stated that a charge of $40,000.00 per lot would have to be set to extend the water and sewer line to the property and there is no way the neighborhood could generate that amount per lot. Mr. Leszczynski inquired if a site plan was available. Mr. Bhagavan did not have such a plan but stated that the seventy-six (76) acres would be split up into five (5) to ten (10) acre lots for a total of approximately twelve (12) to thirteen (13) lots. Mr. Robert J. Berta, Petitioner, Linden Road, South Bend, Indiana, addressed the Board and stated that he is in real estate business. He submitted to the Board photographs of houses which he has built and developed in another area. He stated that he planned to sell lots of one hundred fifty (150) to two hundred (200) feet of frontage on Linden but because of the lack of sewer and water lines to the property, this will not be possible. He advised the Board that this property should be returned to Centre Township as a taxing unit. Mr. Berta stated that he could sell the property to an "E" Heavy industry but he made a promise to the residents of the area when he purchased this property that it would not be used for such purposes. Mr. Leszczynski inquired of Mr. Melvin Humphrey, Engineering Department, if this property is disannexed if the property to the north would still remain in the City. Mr. Humphrey responded that it would. Mr. Leszczynski further inquired of Mr. Humphrey if disannexed if the property to the west and the south would still be in the City to which Mr. Humphrey responded that it would. When asked if the property to the east would still be in the City, Mr. Humphrey responded that half of Gertrude Street (known as Linden Road in County) would remain part of the City. The Petitioner, stated that that was incorrect but it was reiterated that one-half of Gertrude Street would remain in the City limits. Mr. Leszczynski stated that the legal description contained in the Petition for Disannexation goes to the section line and therefore one-half (1/2) of the street would remain in the City. REGULAR MEETING JULY 5, 1988 Mr. Leszczynski inquired of Mr. Bhagavan whether he researched the development of the area and whether the development was denied not only because of lack of sewer and water connections but because of ground water problems. Mr. Bhagavan stated that the matter would have to go before the Soil Review Committee if it proceeds but they did receive permission to go ahead should this property revert to the County. Mr. Leszczynski inquired if Area Plan Commission approval was received and informed Mr. Bhagavan that they could not get a formal opinion from the Area Plan Commission until this matter is resolved. Mr. Bhagavan stated that they have been in contact with the Area Plan Commission and have been advised that if the property reverts to the County the development can proceed. Mr. Leszczynski stated that the City`s concerns are if this property is annexed whether the property loses the benefits of the City or will they still be provided to the property without tax benefits to the City. He stated that the road will continue to be maintained, police and fire service will be provided and snow removal will be performed. In those cases, the property will be treated as though it were still in the City. Ms. Humphreys added that it will be presumed that it is in the City. Mr. Bhagavan stated that the County is trying to do maintenance work on Linden Road and the disannexation would put the whole road in the City. Mr. Leszczynski advised Mr. Bhagavan that that was incorrect. According to the legal description, which goes to the center line, the east one-half of the road would still remain in the City. Mr. Bhagavan asked what would happen if the legal description was changed. He was advised that the Petitioner does not own the road and therefore it cannot be changed. Ms. Humphreys asked Mr. Bhagavan if he had some type of diagram of the area which he presented to the Board. Mr. Knepp stated that if the City is to put in sewer and water lines, the cost would be incurred to each lot. Mr. Leszczynski stated that the developer could put in the line sized to service this property but apparently at this time is not desirous of paying the costs of the installation. Mr. Michael P. Meeks, Director, Division of Engineering and Mr. Bhagavan had a discussion regarding the size of the proposed lots, the subdivision requirements for the size of lots with septic tanks and the high water table in the area. There being no one else present wishing to speak either for or against the Petition for Disannexation, upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the Public Hearing on the matter was closed. Ms. Humphreys stated that with all due respect to the facts as they have been presented, she would like to make a motion that the Petition for Disannexation be denied as City services will continue to be provided in the area without taxation for those services. Mr. Leszczynski seconded the motion and it carried, and the Petition for Disannexation as submitted was denied. Mr. Leszczynski continued to field questions from the news media regarding this matter. He reiterated that if annexed the eastern half of Gertrude Street would remain in the City. APPROVE COMMUNITY DEVELOPMENT ADDENDUM The following Community Development Addendum was presented to the Board for approval: 1 REGULAR MEETING JULY 5, 1988 ADDENDUM II MONROE PARK DEVELOPMENT CORPORATION MONROE PARK HOUSING ACTIVITY Addendum II provides for a time extension until September 30, 1988. Upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried,, the above referred to Addendum was approved and executed. AWARD BID - CHERRY STREET IMPROVEMENT PROJECT In a Memorandum to the Board, Mr. Michael P. Meeks, Director, Division of Engineering, recommended that the Board award the low bid of Walsh & Kelly, Inc., 24358 State Road 23, South Bend, Indiana, in the amount of $53,503.90 for the Cherry Street Improvement Project. Bids for this project were opened by the Board on October 13, 1987. Mr. Leszczynski advised that this project entails the repair of the street as well as installation of curbs and sidewalks. Upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the recommendation was accepted and the bid awarded, subject to the filing of the appropriate Insurance, Performance Bond and Labor and Materials Payment Bond. ADOPT RESOLUTION NO. 17-1988 - SALE OF CITY -OWNED PROPERTY - 614 SOUTH COLUMBIA Upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the following Resolution No. 17-1988 for the sale of the City -owned property at 614 South Columbia Street was adopted: RESOLUTION NO. 17-1988 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 certain of the parcels of real estate now owned by the City of South Bend are not necessary to the public use and are not set aside by State and City laws for public purposes; and WHEREAS, the Board of Public Works finds that each of the properties described below has an assessed valuation of less than $2,000.00, that the cost of maintaining that parcel equals or exceeds the estimated fair market value of the property, 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 parcels 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: 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 maintain- ing 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 JULY 5, 1988 ADDRESS: 614 S. Columbia DEED NO. . . ADOPTED this 5th day of July, 1988. BOARD OF PUBLIC WORKS s/John E. Leszczynski s/Patricia E. DeClercq s/Katherine Humphreys ATTEST: s/Sandra M. Parmerlee, Clerk ADOPT RESOLUTION NO. 18-1988 - DISPOSAL OF OBSOLETE (DEPUTY CONTROLLERS OFFICE) Mr. Leszczynski stated that Mr. John Leisenring, Chief Deputy Controller, has advised that the equipment listed in Resolution No. 18-1988 is no longer needed by the Deputy Controllers Office, is obsolete and beyond repair. Therefore, upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the following Resolution No. 1.8-1988 was adopted: RESOLUTION NO. 18-1988 WHEREAS, Indiana Code 36-1-11-6 permits and establishes procedure for disposal of personal property which is unfit for the purpose for which it was intended which is no longer needed by the City. WHEREAS, the following Deputy Controller's Office equipment is unfit and no longer needed by the City of South Bend: TYPE MAKE MODEL SERIAL # CITY # Collator Thomas T-8 6049 - Typewriter I.B.M. R-024 - - NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that each item of the equipment listed above is no longer needed by the City and is unfit for the purpose for which it was intended and has an estimated value of less than $500.00 and that all of the equipment listed above has a total estimated value of less than $1,000.00. BE IT FURTHER RESOLVED that said equipment be disposed of and removed from the City Inventory. ADOPTED this 5th day of July, 1988. BOARD OF PUBLIC WORKS s/John E. Leszczynski s/Patricia E. DeClercq s/Katherine Humphreys ATTEST: s/Sandra M. Parmerlee, Clerk APPROVE MASTER LEASE DOCUMENTS - SECURITY PACIFIC LEASING CORPORATION Mr. Leszczynski advised that Security Pacific Leasing Corporation has submitted to the Board for approval and execution the master lease documents required in conjunction with the lease purchase 1 REGULAR MEETING JULY 5, 1988 M] financing of a rescue unit for the South Bend Fire Department. It was noted that the Proposal submitted by Security Pacific for the lease purchasing financing of this rescue unit was awarded by the Board on June 13, 1988. Therefore, upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the following documents as submitted were approved and executed: 1. Commitment Letter 2. Resolution 3. Purchasing Agreement 4. Master Lease of Personal Property 5. Lease Schedule No. 001 APPROVE AGREEMENT FOR USE OF PUBLIC RIGHT-OF-WAY FOR FOOT RACES AND SIMILAR EVENTS - ST. ADALBERT/CORVILLA RUN - JULY 10, 1988 Mr. Leszczynski advised that pursuant to Resolution No. 9-1985, establishing policies and fees for foot races and similar events, adopted by the Board of Public Works on March 4, 1985, the sponsor of the Saint Adalbert/Corvilla Run, to be held on July 10, 1988, has met resolution requirements and the appropriate Agreement is being presented to the Board at this time for approval and execution. It was noted that on May 2, 1988, the Board of Public Works approved the date for this event subject to the sponsor meeting all Resolution requirements. Upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the Agreement was approved and executed. DENY REQUEST TO PURCHASE CITY -OWNED PROPERTY - 237 EAST FOX STREET Mr. Leszczynski advised that the appropriate City departments and bureaus have reviewed the request submitted to the Board on May 31, 1988 by Mr. John L. Gesto, 11035 East McKinley, Osceola, Indiana, to purchase the City -owned property at 237 East Fox Street and recommend denial of the request. The denial was based on the fact that it is in the City's best interest to retain this property for Bowman Creek improvements. Therefore, upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the recommendation was accepted and the request denied. APPROVE REQUEST TO CLOSE PORTION OF EAST WAYNE STREET FOR DEDICATION OF EAST WAYNE STREET HISTORIC DISTRICT - JULY 8, 1988 In a letter to the Board, Ms. Robin A. Sullivan, Steering Committee, East Wayne Street Historic District, 1118 East Wayne Street, South Bend, Indiana, advised that on Friday, July 8, 1988 at 6:30 p.m., the East Wayne Street Historic District will be formally dedicated by Mayor Joseph E. Kernan, on the island just east of the intersection of E. Wayne and S. Eddy Streets. For the purpose of this ceremony and the safety of those in attendance, the East Wayne Street Liaison Committee asks that a portion of E. Wayne Street from 1118 East Wayne Street to 1138 E. Wayne Street South and from 1204 East Wayne Street North on the curve of the island to 1203 E. Wayne Street South be closed to traffic between the hours of 5:30 p.m. to 7:30 p.m. Mr. Leszczynski advised that the Bureau of and the Police Department Traffic Division request and recommend approval. Therefore, Mr. Leszczynski, seconded by Ms. Humphreys recommendation was accepted and the request APPROVE REQUEST TO CLOSE DAYTON STREET, BET STREET, FOR A NEIGHBORHOOD BLOCK PARTY ON J Mr. Leszczynski advised that the Bureau of and the Police Department Traffic Division above referred to request submitted to the and recommend approval. Upon a motion made seconded by Ms. Humphreys and carried, the accepted and the request approved. Traffic and Lighting have reviewed this upon a motion made by and carried, the approved. HIGH AND DALE Traffic and Lighting have reviewed the Board on June 27, 1988 by Mr. Leszczynski, recommendation was 1202 REGULAR MEETING JULY 5. 1988 DENY REQUEST OF NEW HOPE BAPTIST CHURCH FOR DESIGNATED HANDICAPPED PARKING SPACE AT EAST SIDE OF CHURCH Mr. Leszczynski advised that the Bureau of Traffic and Lighting and the Police Department Traffic Division, have reviewed the requests submitted to the Board on May 23, 1988 and on June 13, 1988, by the New Hope Baptist Church, 313 East Ohio Street, South Bend, for designated handicapped parking spaces near the front entrance of the church and recommend denial of the requests. Mr. Leszczynski advised that the denial is based on the fact that a parking lot located on the east side of the church is available and it would be safer for handicapped parishioners to use the parking lot instead of the street. Therefore, upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the recommendation was accepted and the request denied. APPROVE APPLICATIONS FOR BIDDER QUALIFICATION/CERTIFICATION In a Memorandum to the Board, Mr. Jimmy Scott, on behalf of the Affirmative Action Review Committee, advised that after complete review, the Committee has found that the following company has met the requirements of the South Bend Affirmative Action Ordinance: 1. The Levy Company Additionally, the Committee recommended that the following company be certified as a minority owned business: 1. ADN Computer Company Therefore, it is the Committee's recommendation that these companies be approved as certified/qualified City bidders. Upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the recommendations were accepted and the applications approved. UEST TO CLOSE 1300 BLOCK OF CATHERWOOD FOR NEIGHBORHOOD BLOCK TY - AUGUST 13. 1988 - REFERRED In a letter to the Board, Ms. Janet Brant, 1340 Catherwood Drive, South Bend, Indiana, advised that the neighbors of the 1300 block of Catherwood request permission to close the street for a summer block party from 4:30 to 8:30 p.m. on August 13, 1988. Upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the request was referred to the Bureau of Traffic and Lighting and the Police Department Traffic Division for review and recommendation. APPROVE AND/OR RELEASE CONTRACTORS AND EXCAVATION BONDS Mr. Melvin Humphrey, Engineering Department, recommended that the following bonds be approved and/or released as indicated below: EXCAVATION - Trans Tech Electric, Inc. Released Eff. 8/4/88 - Fenner Plumbing, Inc. Approved Retro. 6/28/88 CONTRACTORS - V.V. Engle Construction Company, Inc. Released Eff. 8/26/88 Therefore, upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the recommendation was accepted and the above bonds approved and/or released as indicated above. APPROVE TITLE SHEETS - NILES AVENUE PHASE I. II & IV Mr. Leszczynski advised that the Title Sheets for the above referred to project were being presented at this time for execution. Mr. Leszczynski further advised that the Title Sheets indicate the following: REGULAR MEETING JULY 5, 1988 Phase I Block 1 - Jefferson St. to Washington St. Phase II Block 4 - LaSalle St. to Madison St. Block 5 - Madison St. to Cedar St. Block 6 - Cedar St. to 500' north Phase IV Block 2 - Washington St. to Colfax St. Block 3 - Colfax St. to LaSalle St. Therefore, Block 4 - LaSalle St. to Madison St. upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the above referred to Title Sheets were approved and signed. FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORT A report from the Department of Code Enforcement indicating a total of forty-one (41) properties cleaned from June 27, 1988 to June 30, 1988, was submitted. Upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the report as submitted was filed. APPROVE CLAIMS Chief Deputy City Controller John D. Leisenring, submitted Claim Docket No. 10324 through Claim Docket No. 10527 and recommended approval. Upon a motion made by Ms. Humphreys, seconded by Mr. Leszczynski and carried, the claims were approved and the report filed. ADJOURNMENT There being no further business to come before:.: -the Board, upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the meeting adjourned at 10:23 a.m. ATTEST: Ai� Sandra M. Parmerlee, Clerk I l LeszczyWsMiV Katherine Humphreys