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HomeMy WebLinkAbout07/18/88 Board of Public Works MinutesREGULAR MEETING JULY 18, 1988 The regular meeting of the Board of Public Works was convened at 9:37 a.m. on Monday, July 18, 1988, 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 J. Leonard -Dent. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski and carried, the minutes of the regular meeting of the Board held on July 11, 1988 were approved. OPENING OF BIDS - NILES AVENUE PHASE II PROJECT This was the date set for receiving and opening of sealed bids for the above referred to project. Mr. Leszczynski advised that this project entails the installation of curbs, sidewalks, trees and perpendicular parking. 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: CARL J. REINKE & SONS, INC. 1216 West Sample Street P.O. Box 3095 South Bend, Indiana 46619 Bid was signed by Harold G. Collusion Affidavit was in submitted. BID: $423,216.16 WALSH & KELLY, INC. 24358 State Road 23 South Bend, Indiana 46614 Reinke, Jr., President, Non - order and a 5% Bid Bond was Bid was signed by Thomas 0. Walsh, President, Non - Collusion Affidavit was in order and a 5% Bid Bond was submitted. BID: $382,736.00 RIETH-RILEY CONSTRUCTION COMPANY, INC. P.O. Box 1775 South Bend, Indiana 46634 Bid was signed by M.C. Hilary, Area Manager, Non -Collusion Affidavit was in order and a 5% Bid Bond was submitted. BID: $428,077.44 Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the above bids were referred to the Engineering Department for review and recommendation. PUBLIC HEARING AND TABLING OF RECOMMENDATION - ALLEY VACATIONS: 1ST N/S ALLEY W. OF PORTAGE AVE. RUNNING N. FROM KING FOR APPROX 118 FT. TO THE 14 FT. ALLEY; ALSO THE 1ST E/W ALLEY N. OF KING ST. RUNNING W. FROM PORTAGE AVE. FOR A DISTANCE OF APPROX. 154 FT. TO 14 FT. ALLEY Mr. Leszczynski advised that this was the date set for the Board's Public Hearing on the proposed vacation of the following alleys: The first north/south alley west of Portage Avenue running north from King Street for a distance of approximately 118' to 14' alley; also the first east/west alley north of King Street running west from Portage Avenue for a distance of approximately 154' to 14' alley. 1 1 1 REGULAR MEETING JULY 18, 1988 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 Lang Feeney & Associates, 715 South Michigan Street, South Bend, Indiana, on behalf of Emil Reznik, lst Source Bank, 100 North Michigan Street, South Bend, Indiana. It was further noted that pursuant to South Bend Municipal Code Section 18-53.8, owners of property within fifty ( 50 ) feet of the alleys to be vacated were notified of the Board's Public Hearing date. Mr. Rex Williams, representing lst Source Bank, addressed the Board and stated that lst Source Bank proposes to do extensive remodeling to the corner where the lst Source Bank is located on Portage and King Street and have purchased property to the north. Mr. Williams advised that the bank intends to improve the whole site and wants to insure the proper stacking of cars in the bank parking lot. Mr. Williams further stated that the alley that runs north/south from King Street has never been used as an alley on the side of the bank. He stated that people have used the alley and have crossed bank property to access the shopping area in the rear. He stated that the bank has allowed use of its property for twenty-five (25) years but now they need to utilize the property. Mr. Williams stated that the east/west alley next to the laundramat is proposed to be vacated so the bank can landscape up to the building. The alley is not needed but is included in the Vacation petition as the bank intends to landscape up to the building. There being no one else present wishing to speak either for or against the proposed vacations, 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. Board members reviewed a diagram of the proposed alley vacations as submitted with the Vacation Petition. Mr. Leszczynski advised that favorable comments have been received from the Area Plan Commission and the Department of Economic Development but the Engineering Department has raised some concerns in that there is a slight problem with a turnaround should the alleys be vacated as proposed. Mr. Williams utilized a diagram to indicate to Board members where people have utilized bank property and the location of the alleys to be vacated. He stated that the residents who currently use the property for access to their garages will continue to have access even if the vacation is approved. Mr. Leszczynski and Board members agreed that they would like to make a site visit of the alleys to be vacated before making a recommendation. Therefore, upon a motion made by Ms. Humphreys, seconded by Mrs. DeClercq and carried, the matter was tabled until the next regular meeting of the Board. APPROVE FINDINGS OF FACT - PETITION FOR DISANNEXATION (N.W. CORNER OF IRELAND AND LINDEN ROADS) Mr. Leszczynski advised that pursuant to the Board denial of the Petition for Disannexation on July 5, 1988, the appropriate Findings of Fact have been prepared and submitted by Chief Deputy City Attorney Thomas Bodnar for Board approval at this time. Mr. Leszczynski stated that the Findings of Fact indicate that the Petition for Disannexation should be disallowed for the reason that the real estate in question is not contiguous territory within the corporate boundaries of the City of South Bend as required by IC 36-4-3-17(a)(2) and that it would be NU REGULAR MEETING JULY 18, 1988 inequitable to allow the Petitioner to receive the benefits of the continuing City services while not being inside the City. Therefore, upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the following Findings of Fact were approved: STATE OF INDIANA ) SS: ST. JOSEPH COUNTY ) BEFORE THE BOARD OF PUBLIC WORKS ) OF THE CITY OF SOUTH BEND, INDIANA ) ROBERT J. BERTA, PETITIONER ) FINDINGS OF FACT Petitioner Robert J. Berta, having filed on March 2, 1988, a Petition for Disannexation of Real Property located within the corporate boundaries of South Bend, Indiana, and the same coming on for hearing on the 5th day of July, 1988, the Board now makes the following findings of fact: 1. That at all pertinent times Robert J. Berta was the owner of certain real estate described as follows: The East Half (1/2) of the Northeast Quarter (1/4) of Section 27, Township Thirty-seven (37) North, Range 2 East, EXCEPTION THERE- FROM 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 North- east One Quarter of said Section 27, thence 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, said line also being the center- line of Ireland Road; thence North 00 degrees degrees 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 containing 1.77 acres. 2. That said real estate was not platted and that said real estate is greater than one acre in area. 3. That said real estate has been within the limits of the City of South Bend since 1976. 1986. 4. That Petitioner acquired the real estate in question in 5. That the City of South Bend owns all of Gertrude Street, which lies immediately to the east of the real estate in question. REGULAR MEETING JULY 18, 1988 6. That the real estate in question is not part of the corporate boundaries of the City of South Bend. 7. That if the disannexation is granted, Petitioner would continue to receive such services from the City of South Bend, Indiana as he currently receives, and the City's obliga- tion to provide services would not diminish in any way. 8. That if the disannexation is granted, the real estate in question would effectively be an island outside the City of South Bend bounded on all sides by the City of South Bend, Indiana. 9. That the area in question is currently zoned "A-1" for residential and farming. 10. That Petitioner stated that the sole reason he requested disannexation is that he wished to subdivide the lot into single-family dwellings and sell the lots without having to bear the cost of installing City water and sewage or to receive the benefits therefrom. 11. That proper notice of the proceedings was given in accordance with I.C. 36-4-3-17 and I.C. 5-3-1-1 et seq. WHEREFORE, the Board of Public Works finds that the Petition for Disannexation should be disallowed for the following reasons: 1. The real estate in question is not contiguous territory within the corporate boundaries of the City of South Bend as required by I.C. 36-4-3-17 (a)(2); and 2. It would be inequitable to allow the Petitioner to receive the benefits of the continuing City services while not being inside the City of South Bend, Indiana. BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA s/John E. Leszczynski, President s/Patricia E. DeClercq s/Katherine Humphreys ATTEST: s/Sandra M. Parmerlee, Clerk Dated this 18th day of July, 1988. APPROVE CONSTRUCTION CONTRACT - ST. JOSEPH/WAYNE PARKING FACILITY Mr. Leszczynski advised that in accordance with the bid awarded on June 13, 1988, to Carl J. Reinke & Sons, Inc., 1216 West Sample Street, P.O. Box 3095, South Bend, Indiana, in the amount of $3,197,087.00 for the above referred to project, a Contract in said amount was being submitted for Board approval. Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the Contract was approved and the appropriate Insurance, Performance Bond and Labor and Materials Payment Bond as submitted were filed. APPROVE PROJECT COMPLETION AFFIDAVIT - VIRIDIAN DRIVE PHASE III PROJECT Mr. Leszczynski advised that Rieth-Riley Construction Company, Inc., P.O. Box 1775, South Bend, Indiana, has submitted a Project Completion Affidavit indicating the final cost of $104,122.76 for the above referred to project. Upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski and carried, the Project Completion Affidavit was approved and the appropriate three-year Maintenance Bond as submitted was filed. REGULAR MEETING JULY 18, 1988 APPROVE AMENDMENT TO STATE-LOC INDIANA DEPARTMENT OF HIGHWAYS AT Mr. Leszczynski stated that Mr. Robert E. Wheeler, Area Engineer, Division of Local Assistance, State of Indiana, Indiana Depart- ment of Highways, 100 North Senate Avenue, Room 1101, State Office Building, Indianapolis, Indiana, has advised that the amounts indicated on Page 2 of 16 of the above referred to Agreement approved and executed by the Board of Public Works on June 6, 1988, have been increased to reflect an expected increase in the project costs and changes the City's contribution by $300.00. The Amendment entails a change from $408,000 to $429,000 and a change from the sum of $0 to $300.00. Therefore, upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the Amendment to the Agreement was approved and executed and the changes made on the original Agreement were initialed by members of the Board. APPROVE REQUEST TO ADVERTISE FOR RECEIPT OF BI. In a letter to the Board, Police Chief Charles T. Hurley, requested permission to advertise for the receipt of bids for car washes for City vehicles for the period August 22, 1988 thru July 31, 1989. Upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski and carried, the above request was approved. REQUEST TO CONDUCT STUDEBAKER DRIVER'S CLUB EVENTS - REFERRED In a Memorandum to the Board, Ms. Mikki Dobski, Director, Office of Community Affairs, requested permission from the Board to conduct the following events during the International Studebaker Driver's Club Festival: 1. Driving Tour - 2:00 p.m. Portage Avenue August 3, 1988 at the cemeteries 2. Concourse - August 4, 1988 5:00 a.m. to 6:00 p.m. 3. Parade - August 6, 1988 8:00 a.m. to 10:00 a.m. Lafayette Boulevard from Jefferson to South 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. DENY REQUEST TO CLOSE DUBAIL STREET, FROM 114 DUBAIL TO SOUTH MICHIGAN STREET FOR BLOCK PARTY - JULY 23 & 24. 1988 Mr. Leszczynski advised that on June 13, 1988, the Board of Public Works received a request from Mr. & Mrs. Archie Thomas, Archie's Place, 1702 South Michigan Street, South Bend, Indiana to close Dubail Street from 114 Dubail to South Michigan Street on July 23 & 24, 1988 for a block party. At that time, the request was referred to the Bureau of Traffic and Lighting and the Police Department Traffic Division for review and recommendation which revealed that the request to close the street is in conjunction with a "free" thank you to the neighborhood Mr. Leszczynski stated that perhaps the request could be granted for one (1) day only or perhaps the request should not be granted as submitted. He further stated that Archie's does have a large parking lot that could be used for this venture. Mrs. DeClercq stated that the closing of the street for the above indicated reason does not fit the Board's criteria for a block 1 1 MITI a, rMU REGULAR MEETING JULY 18, 1988 party. Therefore, upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the request as submitted was denied. APPROVE REQUEST TO CLOSE THE 100 BLOCK OF TASHER FOR NEIGHBORHOOD BLOCK PARTY - JULY 23, 1988 In a letter to the Board, Ms. Cindy Berg, 128 East Tasher, South Bend, Indiana, advised that the residents of the 100 block of East Tasher Street are planning a block party on July 23, 1988 from 3:00 p.m. until 11:00 p.m. and would therefore like the 100 block of Tasher, between Michigan and Jennings Street, closed for this event. Mr. Leszczynski advised that the Bureau of Traffic and Lighting and the Police Department Traffic Division have reviewed this request and recommend approval. Therefore, upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the recommendation was accepted and the request approved. APPROVE REQUEST TO CLOSE 1300 BLOCK OF CATHERWOOD FOR NEIGHBORHOOD BLOCK PARTY - AUGUST 13, 1988 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 July 5, 1988 and recommend approval. Therefore, upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the recommendation was accepted and the request approved. APPROVE RECOMMENDATION —APPLICATIONS FOR BIDDER UALIFICATION/ CERTIFICATION In a Memorandum to the Board, Mr. Jimmy Scott, on behalf of the Affirmative Action Review Committee, advised that after a complete review, the Committee has found that the following companies have met the requirements of the South Bend Affirmative Action ordinance: 1. ITT Kennedy Valve 2. Bonded Chemical Corporation Therefore, it is the Committee's recommendation that these companies be approved as qualified City bidders. Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the recommendation was accepted and the applications for the above named companies approved. APPROVE TITLE SHEETS Mr. Leszczynski advised that Title Sheets for the following named projects are being presented at this time for execution: 1. Southeast Estates - Water/Streets (Georgian Drive/Cotswold Lane/Georgian Court) 2. Eisenhower Avenue Re -Construction - Streets Therefore, upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the above referred to Title Sheets were approved and signed. 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 NO PARKING, 6 PM - 6 AM - Studebaker Street, Fassnacht to LaPorte, West side of street. 2. REMOVAL OF 2 HR. PARKING, REVISED TO NO PARKING - 301 S. Lafayette. REGULAR MEETING UEST TO CLOSE FOR NEIGHB JULY 18, 1988 -900 BLOCKS OF VICTORIA, BETWEEN HIGH AND LOCK PARTY - AUGUST 6 1988 - REFERRED In a letter to the Board, Mr. Doug Hensley, 909 East Victoria Street, South Bend, Indiana, advised that the residents of the 800-900 blocks of Victoria would like to conduct a neighborhood block party from 1:00 p.m. to 9:00 p.m. on August 6, 1988. 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. APPROVE SIDEWALK SALE PERMIT APPLICATIONS Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the following Sidewalk Sale Permit applications were approved: NAME: PENTHANIEL-G CHILDREN FASHION & CRAFTS ADDRESS: 2120 Miami Street BY: Cheryl Barnett DATES: July 21-23, 1988 NAME: BRANTS BEN FRANKLIN ADDRESS: 2114 Miami Street BY: Ernest Brandt DATES: July 21-23, 1988 NAME: FISHER HARDWARE, INC. ADDRESS: 2314 Mishawaka Avenue BY: Carl Fisher, Jr. DATES: July 23, 1988 NAME: THE CARPET REMNANT ADDRESS: 2228 Mishawaka Avenue BY: Diane Amn DATES: July 23, 1988 NAME: R.T. & COMPANY ADDRESS: 2224 Mishawaka Avenue BY: Richard Trowbridge DATES: July 23, 1988 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. a ATTEST: Sandra M. Parmerlee, Clerk rcq I 1 1