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HomeMy WebLinkAbout10/03/88 Board of Public Works MinutesREGULAR MEETING OCTOBER 3, 1988 The regular meeting of the Board of Public Works was convened at 9:31 a.m. on Monday, October 3, 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 Leonard -Dent. APPROVE MINUTES OF PREVIOUS MEETINGS Upon a motion made by Ms. Humphreys, seconded by Mrs. DeClercq and carried, the minutes of the regular meeting of the Board of Public Works held on September 19, 1988 were approved. Addition- ally, upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the minutes of the September 19, 1988 meeting of the Board of Wastewater Commissioners were approved. OPENING OF BIDS - OLD FREDRICKSON PROPERTY IMPROVEMENTS PROJECT This was the date set for receiving and opening of sealed bids for the above referred to project. 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: KASER-SPRAKER CONSTRUCTION, INC. 25487 West State Road 2 P.O. Box 3605 South Bend, Indiana 46619 Bid was signed by Gary L. Spraker, President, Non -Collusion Affidavit was in order and a 5% Bid Bond was submitted. BID: $18,210.00 L.L. GEANS & SONS, INC. 56535 Magnetic Drive Mishawaka, Indiana 46545 Bid was signed by Rocky R. Geans, President, Non -Collusion Affidavit was in order and a 5% Bid Bond was submitted. BID: $14,319.43 Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the bids were referred to the Engineering Department for review and recommendation. OPENING OF BIDS - CONCRETE REPAIRS 1988 PROJECT This was the date set for receiving and opening of sealed bids for the above referred to project. 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: KANKAKEE VALLEY CONSTRUCTION COMPANY INC. 815 Pine Lake Road P.O. Box 1471 LaPorte, Indiana 46350 Bid was signed by James B. Nelson, President, Non -Collusion Affidavit was in order and a 5% Bid Bond was submitted. BID: TOTAL BASE BID - $ 65,652.50 TOTAL ALTERNATES - $ 36,302.50 TOTAL BASE BID PLUS ALTERNATES - $101,955.00 RIETH-RILEY CONSTRUCTION COMPANY, INC. P.O. Box 1775 South Bend, Indiana 46634 Bid was signed by Richard A. Jankowski, Area Manager, Non - Collusion Affidavit was in order and a 5% Bid Bond was submitted. BID: $143,537.50 REGULAR MEETING OCTOBER 3, 1988 L.L. GEANS & SONS, INC. 56535 Magnetic Drive Mishawaka, Indiana 46545 Bid was signed by Rocky R. Geans, President, Non -Collusion Affidavit was in order and a 5% Bid Bond was submitted. BID: $94,884.00 KASER-SPRAKER CONSTRUCTION, INC. 25487 West State Road 2 P.O. Box 3605 South Bend, Indiana 46619 Bid was signed by Gary L. Spraker, President, Non -Collusion Affidavit was in order and a 5% Bid Bond was submitted. BID: $91,850.00 LA PORTE CONSTRUCTION COMPANY, INC. P.O. Box 577 LaPorte,'Indiana 46350 Bid was signed by Thomas G. Blackburn, President, Non -Collusion Affidavit was in order and a 5% Bid Bond was submitted. BID: BASE BID - $77,336.25 Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the bids were referred to the Engineering Department for review and recommendation. OPENING AND AWARD OF BIDS - SALE OF ABANDONED VEHICLES This was the date set for receiving and opening of sealed bids for the sale of approximately twenty-six (26) abandoned vehicles which have been stored at South Bend Auto Parts storage lot at 218 South Grant Street, South Bend, Indiana. 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: Ms. Nina Teske 54830 Pear Road South Bend, Indiana Vehicles No. 1 $14.00 8 28.00 10 21.00 17 23.00 Mr. Phillip D. Smith South Bend Auto Parts 307 W. Calvert South Bend, Indiana Vehicles No. 1 $15.25 Vehicles No. 14 $15.25 2 15.25 15 15.25 3 50.00 16 15.25 4 15.25 17 75.00 5 15.25 18 15.25 6 15.25 19 15.25 7 15.25 20 15.25 8 50.25 21 15.25 9 20.00 22 15.25 10 15.25 23 15.25 11 15.25 24 15.25 12 15.25 25 15.25 13 15.25 26 15.25 REGULAR MEETING OCTOBER 3. 1988 Mr. David Kurtz 7635 W. Eureka Rd. Eau Claire, Michigan Vehicles No. 1 $16.00 Vehicles No. 12 $16.20 2 18.00 16 16.27 3 16.20 17 23.65 4 8.60 18 12.67 5 18.61 20 16.21 6 11.67 21 18.75 7 16.51 22 48.00 8 86.71 24 12.67 9 36.01 25 16.21 10 15.86 26 12.68 11 18.60 Mr. Gene Hancz Steve & Gene's Auto Truck Salvage 3109 Gertrude, P.O. Box 2883 South Bend, Indiana 46680 Vehicles No. 1 $25.75 Vehicles No. 14 $15.75 2 15.75 15 15.75 3 15.75 16 1.00 4 15.75 17 15.75 5 15.75 18 15.75 6 15.75 19 15.75 7 15.75 20 15.75 8 15.75 21 15.75 9 1.00 22 1.00 10 15.75 23 15.75 11 1.00 24 15.75 12 15.75 25 15.75 13 15.75 26 15.75 Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the above bids were referred to the Department of Code Enforcement for immediate review and recommendation in order that an award could be made prior to adjournment of the meeting. Following that review, upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski and carried, the following bids were awarded: Nina Teske - Vehicles No. 10 $21.00 South Bend Auto Parts - Vehicles No. 3 $50.00 17 75.00 TOTAL: $125.00 David Kurtz - Vehicles No. 2 $18.00 5 18.61 7 16.51 8 86.71 9 36.01 11 18.60 12 16.20 16 16.27 20 16.21 21 18.75 22 48.00 25 16.21 TOTAL: $326.08 1 1 1 REGULAR MEETING OCTOBER 3, 1988 /� C 1 1 Steve & Gene's Auto - Vehicles No 1 $25.75 4 15.75 6 15.75 13 15.75 14 15.75 15 15.75 18 15.75 19 15.75 23 15.75 24 15.75 26 15.75 TOTAL: $183.25 GRAND TOTAL: $655.33 PUBLIC HEARING AND FAVORABLE RECOMMENDATION - ALLEY VACATIONS NORTH 212 FT. OF 1ST N/S ALLEY E. OF MICHIGAN RUNNING BETWEEN NAVARRE & MARION AND THE EAST 165 FT. OF THE 1ST E/W ALLEY N. MARION RUNNING BETWEEN MICHIGAN AND ST. JOSEPH STREETS Mr. Leszczynski advised that this was the date set for the Board's Public Hearing on a proposed vacation described as follows: North Two Hundred Twelve (212) feet of the first north/south alley East of Michigan running between Navarre and Marion Streets. ALSO, the East One Hundred Sixty -Five (165) feet of the first east/west alley north of Marion running between Michigan and St. Joseph Streets. All being in the original Plat of the City of South Bend, 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. Joseph L. Amaral, Hammerschmidt, Bonewitz, Amaral & Jonas, Suite 204, 205 West Jefferson Boulevard, South Bend, Indiana, Attorney for the Petitioners. It was noted that the Petitioners are Memorial Health Properties, Inc., 6th Floor, 205 West Jefferson Boulevard, South Bend, Indiana, and the City of South Bend, Indiana for the use and benefit of the South Bend Economic Development Commission, County -City Building, South Bend, Indiana. It was further noted that owners whose property abut the proposed alley to be vacated as well as property owners within three hundred (300) feet of the alleys to be vacated were notified of the Board's Public Hearing date. Attorney Joseph L. Amaral, Suite 204, 205 West Jefferson Boulevard, South Bend, Indiana, was present on behalf of the Petitioners and advised that the purpose of the vacation of the above referred to alleys is to permit construction of a day-care center on a tract of land either owned by Memorial Health Properties and being purchased on a land contract from the City of South Bend Economic Development Commission. Mr. Amaral therefore asked for a favorable recommendation from the Board and further asked that the Common Council take similar favorable action. 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 advised that favorable comments have been received from the Engineering Department, Area Plan Commission and the Department of Economic Development concerning this proposed vacation. 292 REGULAR MEETING OCTOBER 3. 1988 Therefore, upon a motion made by Ms. Humphreys, seconded by Mrs. DeClercq and carried, the Clerk was instructed to forward to the Common Council a favorable recommendation on the above referred to vacation subject to any and all utility easements. - 1ST E/W ALLEY STREET FOR A D - 1ST N/S ALLEY FOR A DISTANCE Mr. Leszczynsk Board's Public follows: VACATIONS: S. OF COLFAX STREET, RUNNING W. FROM F ISTANCE OF APPROX. 166 FT. AND W. OF FRANCES ST. RUNNING S. FROM COLF. OX. 198 FT. STREET i advised that this was the date set for the Hearing on a proposed alley vacation described as 1st east/west alley South of Colfax Street, running West from Frances Street, for a distance of approximately 166 feet. Attorney Richard Urda, 311 First Interstate Building, South Bend, Indiana, on behalf of the Petitioners, requested that at this time the Board also conduct the Public Hearing on the following proposed alley vacation: 1st north/south alley West of Frances Street, running South from Colfax Street for a distance of approximately 198 feet, all in Whitten's subdivision of Lot 17 Cottrell's First Addition. 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 Petitions filed by Mr. Richard B. Urda, Jr., Attorney at Law, 311 First Interstate Building, South Bend, Indiana, on behalf of Garcia and Ansari Troeger, 311 First Interstate Building, South Bend, Indiana, Edward A. Lawton, DDS, 900 E. Colfax, South Bend, Indiana and John M. Stenger, DDS, 900 E. Colfax 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 alleys to be vacated as well as property owners within fifty ( 50 ) feet of the alleys to be vacated were notified of the Board's Public Hearing date. Attorney Richard B. Urda, Jr., 311 First Interstate Building, South Bend, Indiana, was present and introduced to the Board Attorney William Farabaugh, 205 West Jefferson Boulevard, Suite 316, South Bend, Indiana, who he advised was representing the seller of property, Dr. John Stenger, DDS, 900 East Colfax, South Bend, Indiana, Petitioner, and Mr. Steven Henry of The Robert Henry Corporation, 404 South Frances Street, South Bend, Indiana, in charge of construction at the site. Mr. Henry addressed the Board and advised that the purpose of the vacation of the alleys is to augment ingress and egress. He stated that his client is spending approximately one million dollars to improve the property. The Petitioners will construct a medical office building and parking lot on the adjacent site. He also noted that code requirements could be met without the alley vacations but the additional parking spaces which will be provided will relieve residents of on -street parking problems. Mrs. Debbie Krol, 120 North Notre Dame, South Bend, Indiana, (Lot #3), addressed the Board and stated that it is her understanding that should the alleys be vacated, the property owners will acquire one-half (1/2) of the alley or approximately seven (7) feet of property. She and Mr. Krol advised that they have recently installed new cedar fencing and have had trouble in the past with vehicles backing into their property from existing parking spaces and they want to insure that individuals will not be backing into their new fence. 1 1 �J REGULAR MEETING OCTOBER 3, 1988 Mr. Leszczynski advised Mr. & Mrs. Krol that the issue before the Board today is the vacation of the alleys and that they may erect a fence on that property should the alley be vacated. Mr. Krol informed the Board that the garage on the north/south corner of the alley is also in need of access by this alley. Mr. James Mullins, 116 North Notre Dame, South Bend, Indiana, (Lot #4), advised that he is the individual who needs access to his garage. He stated that he has a problem with the closing of the alley as it is required in order for him to get in and out of his garage. He informed the Board that he has lived at this address since 1956 and has had problems in the past with debris from the dentists office as well as problems with snow plowing in the winter. Mr. Leszczynski advised Mr. Mullens that the cross alley would remain open. Mr. Mullens stated that he has to come down the alley and go back the same way in order to utilize his garage. Mr. Krol advised that seven (7) feet will be open for Mr. Mullen's use but that is not wide enough as he still needs to come down the alley. Mr. Krol informed the Board that the area is zoned "B" residential and asked for some respect to the residents. He stated that they like improvements but they live in the area twenty-four (24) hours a day and they need some protection for their livability and privacy and he wants to be secure that his rights will be protected. He also stated that there are traffic problems now and wondered why the whole alley was not vacated. Mr. Leszczynski advised Mr. Krol that he can Petition to vacate the remaining alley should he desire to do so. Mr. Krol also pointed out to the Board that a telephone poll stands at the corner of the alleys to be vacated and there is no radius to turn. In response to Mr. Mullen's inquiry if this matter would be decided at this time, Mr. Leszczynski advised that the Board of Public Works will submit a recommendation to the Common Council who will make the final decision on the matter. Mr. Mullens stated that he has to use his property and if they shut-off his access he might as well not have the property. Attorney William Farabaugh, addressed the Board and stated that he represents the dentists and would like to apologize to the residents that were present for the prior problems with unwanted debris. He stated that the engineer will go out to locate the garage in question which apparently is located on the northeast corner of Lot #4 and that something can be worked out. Mr. Farabaugh stated that these people should not be deprived of ingress and egress to their property and garage. Also, perhaps the utility company could relocate the poll which prohibits a turning radius. Mr. Farabaugh also stated that perhaps the new improved alley would entice individuals to use those alleys as opposed to the unimproved alleys. Mr. Mullen advised Mr. Farabaugh that their alley is a paved alley. Mr. Farabaugh, Mr. Krol and Mr. Henry discussed among themselves the may location of the Krol fence and problems that exist with the vacation of the alleys. Mrs. exist and which Mullens acknowledged that the Krol property has been hit by vehicles in the past. Mr. Farabaugh assured the Board that concerns raised can be addressed. There being no one else present wishing to speak either for or against the proposed alley 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. a, REGULAR MEETING OCTOBER 3. 1988 Mr. Leszczynski asked the Petitioners if they would have any objection to providing the City with easements across both vacated alleys to continue use. Attorney Richard Urda advised that they would have no problem with that requirement. Therefore, upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the Clerk was instructed to forward to the Common Council a favorable recommendation on the above referred to alley vacations subject to access easements across both alleys being provided to the City and subject to any and all utility easements. Mr. Leszczynski further informed both Mr. Krol and Mr. Mullens that they should work together to work out their particular access situation and suggested that perhaps Mr. Krol may want to sell his portion of the property to the Petitioners. APPROVE CONTRACT FOR ANIMAL CONTROL AND SHELTER SERVICES FOR CALENDAR YEAR 1989 Mrs. Patricia E. DeClercq, Director, Department of Code Enforcement, advised that the Humane Society and the City have met regarding the Contract for animal control and shelter services for 1989 and it has been agreed to extend the Contract for one (1) year. She stated that the terms of the Contract for 1989 are the same as in 1988 with the exception that the amount of the Contract is $149,100.00 for the calendar year 1989. She reiterated that all of the services will remain the same and stated that she is pleased that the Humane Society has agreed to this Contract. Therefore, Mrs. DeClercq made a motion that the Contract as submitted be approved and executed. Ms. Humphreys seconded the motion and it carried. APPROVE AGREEMENT FOR USE OF PUBLIC RIGHT-OF-WAY FOR FOOT RACES AND SIMILAR EVENTS - 1988 CROP WALK - OCTOBER 9 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 1988 CROP Walk has fulfilled resolution requirements and the appropriate Agreement is being submitted at this time. It was noted that on September 6, 1988 the Board of Public Works approved the request to conduct the above referred to event. Therefore, upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the Agreement was approved and executed. APPROVE INSURANCE AND INDEMNIFICATION STATEMENT - I/N TEK SEWER PROJECT Mr. Leszczynski advised that the City is using part of the Chicago South Shore property for the installation of a sewer in connection with the I/N Tek Steel Plant construction and as part of the insurance requirements of the South Shore, an Insurance and Indemnification Statement has been submitted for approval and execution. It was noted that the Statement indicates that the City of South Bend will provide insurance and indemnification under its Public Liability and Physical Damage Self -Insurance Program to'the Chicago South Shore. Therefore, upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the Statement as submitted was approved and executed. 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 forty-three (43) abandoned vehicles, which are Wr REGULAR MEETING OCTOBER 3, 1988 being stored at South Bend Auto Parts storage lot at 218 South Grant 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 Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the above request was approved and a date of October receiving and opening of 17, 1988, was established sealed bids. for the REQUEST FOR DESIGNATED HANDICAPPED PARKING SPACE IN FRONT OF 211 E. SOUTH STREET - REFERRED In a letter to the Board, Mr. Wilson Perry, 211 East South Street, South Bend, Indiana, requested that the parking space in front of his residence at 211 East South Street be designated as a handicapped parking space. Therefore, 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 recommenda- tion. DENY REQUEST TO PURCHASE CITY -OWNED PROPERTY AT 935 AND 937 WEST T.A gAT.T.R Mr. Leszczynski advised that the above referred to request, submitted to the Board on September 12, 1988, has been reviewed by various City departments and bureaus. He further advised that the Department of Economic Development has recommended that the request be denied. Mrs. DeClercq stated that the Department of Code Enforcement has also recommended that the request be denied for the same reason as given by the Department of Economic Development in that the property is located in the West Washington revitalization area. It was noted that the Department of Economic Development recommended that the City retain these properties and hold all property in this area until the comprehensive plan for the area is complete. Upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the recommendation was accepted and the request denied. APPROVE REQUEST OF PARKVIEW TAVERN TO CLOSE ALLEY ADJACENT TO BUILDING IN CONJUNCTION WITH VIET NAM FUNDRAISER - OCTOBER 8. 1988 Mr. Leszczynski advised that the appropriate City departments and bureaus have reviewed the above referred to request submitted to the Board on September 26, 1988 and recommend approval. There- fore, upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the recommendation was accepted and the request approved. APPROVE TRAFFIC CONTROL DEVICE Mr. Leszczynski advised that the following one (1) traffic control device submitted to the Board for approval has been requested by the Bendix Corporation: REVISED: GOODLAND - BENDIX TO WESTMORE Change from one-way North to two-way traffic Therefore, upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski and carried, the above referenced traffic control device was approved. APPROVE AND/OR RELEASE CONTRACTORS AND EXCAVATION BONDS Mr. Melvin Humphrey, Engineering Department, recommended that the following Contractors and Excavation Bonds be approved and/or released as indicated: 02 REGULAR MEETING OCTOBER 3, 1988 CONTRACTORS — Samuel L. Wright Custom Masonry Approved Retroactive to September 28, 1988 Thomas Lee Haab, Jr. Approved Retroactive to September 28, 1988 - Ted Temple Approved Retroactive to September 23, 1988 Therefore, upon a motion made by Mrs. DeClercq, seconded b_v Ms. Humphreys and carried, the above referred to Contractors Bonds were approved. Additionally, upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the following Excavation Bond was released: EXCAVATION - Advanced Asphalt Pavers, Inc. Released Effective October 3, 1988 FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORT A report from the Department of Code Enforcement indicating a total of fifty (50) properties cleaned from September 21, 1988 to September 28, 1988 was submitted. Upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and and carried, the report as submitted was filed. FILING OF CERTIFICATE OF INSURANCE Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the Certificate of Insurance for Small, Inc., 25190 State Road 4, North Liberty, Indiana, was accepted and filed. APPROVE CLAIMS Mr. Juan Manigault, Executive Director, St. Joseph County Job Training Program, submitted two (2) lists containing one hundred nineteen (119) claims, Chief Deputy Controller John D. Leisenring, submitted Claim Docket No. 13982 through Claim Docket No. 14250 and Voucher Nos. 649-674 for the Bureau of Wastewater, Voucher Nos. 696-739 for the Bureau of Sewers and thirty-six (36) vouchers for the Bureau of Solid Waste were submitted for approval. Therefore, 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 Mr. Leszczynski, seconded by Ms. Humphreys and carried, the meeting adjourned at 10:10 a.m. ATT ST: Sandra M. Parmerlee, Clerk 1 1 1