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HomeMy WebLinkAbout09/22/87 Board of Public Works MinutesREGULAR MEETING SEPTEMBER 22, 1987 The regular meeting of the Board of Public Works was convened at 9:32 a.m. on Tuesday, September 22, 1987, by President John E. Leszczynski, with Mr. Leszczynski, Mrs. Patricia E. DeClercq and Mr. Michael L. Vance present. Also present was Chief Deputy City Attorney Thomas Bodnar. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mrs. DeClercq, seconded by Mr. Vance and carried, the minutes of the September 22, 1987, regular meeting of the Board were approved. PUBLIC HEARING AND FAVORABLE RECOMMENDATION - STREET VACATION: EMBELL CT. RUNNING SO. FROM LA SALLE TO THE 1ST INTERSECTING E/W ALLEY Mr. Leszczynski advised that this was the date set for the Board's Public Hearing on the proposed vacation of the following street: Embell Court running south from LaSalle to the lst inter- secting east/west alley for a distance of 198 feet more or less all being in Winsman and Rush Sub to the City of South Bend. 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. Albert M.N. Jacobs, 1053 North Elmer Street, South Bend, Indiana, on behalf of the Berean Seventh-Day Adventist, 601 West Colfax Avenue, South Bend, Indiana. It was further noted that there are no other abutting property owners affected by this proposed vacation. Mr. Albert M.N. Jacobs, 1053 North Elmer Street, South Bend, Indiana, on behalf of the Petitioner, addressed the Board and stated that the purpose of this vacation is to promote public safety by taking over the responsibility for the Court. This would help to beautify the City with proper maintenance of the area and the church would be able to maintain the area better than it is maintained at the present time. Mr. Jacobs stated that the church owns lots from LaSalle to the alley on both sides. He further stated that the closing of Embell Court would in no way cause problems to anyone in the area. Mr. James McIntosh, 823 East Sorin Street, South Bend, Indiana, Member, Berean Seventh-Day Adventist Church, advised the Board that the church acquired and owns adjoining lots which are utilized for parking. The closing of the Court will assure adequate safety for the church. 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, 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. Therefore, upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski 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. REGULAR MEETING C HEARING AND FAVO N/S ALLEY W. OF ST. JOS Mr. Leszczynski advised Board's Public Hearing follows: SEPTEMBER 22, 1987 OMMENDATION - ALLEY VACATION: 1ST EPH ST. RUNNING SO. FROM NAVARRE STREET that this was the date set for the on a proposed alley vacation described as The 1st north/south alley west of St. Joseph Street running south from Navarre Street for a distance of 110 feet; thence running west a distance of 80 feet more or less to the inter- secting north/south alley. All being in Rockstroh's Sub of lots 42-43-44-45 Rockstroh's 2nd. Add. in 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. Eugene Forsythe and Shar Sosh-Forsythe, 216 East Navarre Street, South Bend, Indiana. It was further noted that pursuant to South Bend Municipal Code Section 18-53.8, owners whose property abut the proposed alley to be vacated were notified of the Board's Public Hearing date. Mr. Eugene Forsythe, 216 East Navarre, South Bend, Indiana, Petitioner, addressed the Board and stated that he owns the property at 124 and 126 East Navarre which is on both sides of the proposed alley to be vacated and the purpose of the vacation is to make the adjacent properties continuous. 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 Mr. Vance and carried, the Public Hearing on this matter was closed. Mr. Leszczynski advised that favorable comments have been received from the Engineering Department and Area Plan Commission concerning this proposed alley vacation. Mr. Vance stated that as a point of clarification Mr. Forsythe owns property on both sides of the proposed alley to be vacated. It was noted that Memorial Health Properties Inc. is the only other property owner that abuts the alley to be vacated. The Clerk of the Board advised that Memorial Health Properties, Inc., has not submitted any comments or objections to this proposed vacation. Therefore, upon a motion made by Mr. Vance, 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 vacation subject to any and all utility easements. 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 fifteen (15) abandoned vehicles which have been stored at Steve and Gene's Auto & Truck Salvage and Repair, 3109 South Gertrude 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: n 1 REGULAR MEETING SEPTEMBER 22, 1987 81 1 1 i� Mr. Gene Hancz Steve & Gene's Auto Truck Salvage 3109 S. Gertrude, P.O. Box 2883 South Bend, Indiana 46680 Vehicles No. 1 $ 2.00 Vehicles No. 9 $58.80 2 2.00 10 5.00 3 5.00 11 5.00 4 5.00 12 5.00 5 3.00 13 5.00 6 3.00 14 5.00 7 22.00 15 2.00 8 10.00 Mr. Charles E. Teske 54830 Pear Road South Bend, Indiana Vehicle No. 5 $ 6.00 9 43.00 12 12.00 Upon a motion made by Mrs. DeClercq, seconded by Mr. Vance and carried, the following bids were awarded: Steve & Gene's Charles Teske - Vehicle No. 1 $ 2.00 2 2.00 3 5.00 4 5.00 6 3.00 7 22.00 8 10.00 9 58.80 10 5.00 11 5.00 13 5.00 14 5.00 15 2.00 TOTAL: $129.80 - Vehicle No. 5 $ 5.00 12 12.00 TOTAL: $ 18.00 GRAND TOTAL: $147.80 ADOPT RESOLUTION NO. 26-1987 - SCRAP METAL/JUNK DEALERS/TRANSFER STATION LICENSE - SUPER AUTO SALVAGE CORPORATION Mrs. Patricia E. DeClercq, Director, Department of Code Enforcement, advised that Super Auto Salvage Corporation was previously granted a license to operate their business at 3300 South Main Street. Since the granting of that license, however, the business was sold and the new owner, Mr. Paul E. Schultz, is now requesting a Scrap Metal/Junk Dealers/Transfer Station License for 1987. Mrs. DeClercq further stated that the Department of Code Enforcement and the Fire Department Prevention Bureau have inspected the premises of Super Auto Salvage Corporation and approval of the license application is recommended at this time. Therefore, upon a motion made by Mrs. DeClercq, seconded by Mr. Vance and carried, the following Resolution No. 26-1987 was adopted and the Clerk instructed to forward this Resolution and a favorable recommendation for approval to the Common Council for their consideration: IDS REGULAR MEETING SEPTEMBER 22, 1987 RESOLUTION NO. 26-1987 WHEREAS, a Scrap Metal/Junk Dealers/Transfer Station license application for the year 1987 has been received by the Board of Public Works; and WHEREAS, inspections of the property have been completed by the Department of Code Enforcement and the Fire Prevention Bureau as required by Chapter 4, Article 4, Section 4-51 of the Municipal Code; and WHEREAS, the Department of Code Enforcement and the Fire Prevention Bureau have found that such premises is fit and proper for the maintenance and operation of such business; and WHEREAS, Chapter 4, Article 4, Section 4-51 of the Municipal Code requires adoption of a Resolution of the Board of Public Works recommending the approval of the license application. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend, Indiana, that the license application for the following be recommended favorably based upon the satisfactory review of the property by the Department of Code Enforcement and the Fire Prevention Bureau: Super Auto Salvage Corporation 3300 S. Main St. BE IT FURTHER RESOLVED that this Resolution shall be submitted to the Common Council for its consideration and adoption of an appropriate Resolution. DATED this 22nd day of September, 1987. BOARD OF PUBLIC WORKS s/John E. Leszczynski, President s/Patricia E. DeClercq s/Michael L. Vance ATTEST: s/Sandra M. Parmerlee, Clerk APPROVE CERTIFICATION DOCUMENTS - NCR CORPORATION (COMPUTER AIDED DISPATCH SYSTEM) - CERTIFICATE OF ACCEPTANCE - SCHEDULE Mr. Leszczynski advised that the Computer Aided Dispatch System is installed, has been tested and is fully operational. At this time, the City's data will be entered into the system. Therefore, a Certificate of Acceptance and a Schedule which indicates the equipment description and payment schedule were presented to the Board for approval and execution. Mr. Vance stated that the matter before the Board today is the first phase of the Contract requirements and triggers payment by the leasing company and warranty for the equipment. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the Certificate of Acceptance and Schedule submitted by NCR were approved and executed. REGULAR MEETING SEPTEMBER 22. 1987 APPROVE AGREEMENT FOR USE OF PUBLIC RIGHT-OF-WAY FOR FOOT RACES AND SIMILAR EVENTS - 7TH ANNUAL SPORTSMED 10K RACE 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 St. Joseph Medical Center, sponsors of the 7th Annual Sportsmed 10K Road Race, 1 Mile Fun Run and 4K Walk Event, have submitted the appropriate Agreement to the Board at this time for approval. It was noted that on August 24, 1987, 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 Mrs. DeClercq and carried, the above referred to Agreement was approved and executed. APPROVE PURCHASE AGREEMENT - SALE OF CITY -OWNED PROPERTY AT 1034 E. CEDAR STREET In accordance with the bid awarded on September 1, 1987, for the purchase of the City -owned lot at 1034 East Cedar Street in the amount of $150.00 to Mr. Charles A. Rupley, 16974 Douglas Road, Mishawaka, Indiana, the appropriate Purchase Agreement was being submitted at this time for Board approval. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the Purchase Agreement was approved and the matter referred to the City Attorney's office for drafting of the appropriate Quit -Claim Deed. ACCEPT AND APPROVE DEED OF DEDICATION - VIRIDIAN DRIVE Mr. Leszczynski advised that Howard Bessire, Executive Director of the Industrial Foundation, Inc. and Donald Funk, President of Intra Comp, Inc., owners of Lots 2 and 1 of Pointe Viridian, submitted to the Board for acceptance and approval a Deed of Dedication which dedicates real estate for public uses. Mr. Leszczynski further advised that this dedication provides that the City accepts part of Viridian Drive that is being extended for future industries. He also stated that the City did receive a grant to assist with this project. Therefore, upon a motion made by Mr. Vance, seconded by Mrs. DeClercq and carried, the Deed of Dedication as submitted was accepted and approved. APPROVE CHANGE ORDER NO. 2 (FINAL) AND PROJECT COMPLETION AFFIDAVIT - DUGDALE SEWER PROJECT Mr. Leszczynski advised that Woodruff & Sons, Inc., has submitted Change Order No. 2 (Final) indicating that the Contract amount for the above referred to project be increased by 41,891.41 for a new Contract sum including this Change Order in the amount of $779,211.01. Additionally submitted was the Project Completion Affidavit indicating this new final cost. Upon a motion made by Mr. Vance, seconded by Mrs. DeClercq and carried, Change Order No. 2 (Final) and the Project Completion Affidavit were approved subject to the filing of the appropriate three-year Maintenance Bond, APPROVE REQUEST TO ADVERTISE FOR RECEIPT OF BIDS - CHERRY STREET IMPROVEMENT PROJECT In a letter to the Board, Michael P. Meeks, P.E., Director, Division of Engineering, requested that the Board advertise for the receipt of bids for the Cherry Street Improvement Project. Mr. Meeks indicated that this project entails repaving and reconstruction of a section of Cherry Street South of Washington Street. Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the above request was approved. �4 REGULAR MEETING SEPTEMBER 22. 1987 APPROVE TITLE SHEET - CHERRY STREET IMPROVEMENT PROJECT Mr. Leszczynski advised that the Title Sheet for the above referred to project was being presented at this time for execution. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the above referred to Title Sheet was approved and signed. APPROVE CODE ENFORCEMENT CLEAN-UP CREW CHARGES Mrs. Patricia E. DeClercq, Director, Department of Code Enforcement, advised that the Department has been aware that the charge for clean-up services is not covering costs incurred to provide said services. She advised that she recently met with Mr. Bill Penn, Director, Department of Transportation and Mr. Wade Yoder of the Department of Code Enforcement to discuss this matter. The result is the increased costs being submitted to the Board today for which she recommends approval. Mrs. DeClercq informed the Board that the intent of the clean-up service is not to make it easier for the property owners to have the Department clean the lot. The increased costs presented to the Board today for approval reflect the actual costs of clean-up as well as the inclusion of dumping fees which has recently increased. Mrs. DeClercq indicated that the average charge, per lot, for clean-up is $131.00. In response to Mr. Vance's inquiry, the current amount charged for mowing a lot is $57.00 but is being raised to $82.00 per lot. Mrs. DeClercq clarified that if the Clean-up Crew only cuts weeds and mows the lot, the charge is $82.00 as opposed to the full clean-up of the lot charge of $131.00. Therefore, upon a motion made by Mr. Vance, seconded by Mrs. DeClercq and carried, the following Charges, to become effective October 12, 1987, were approved: 1. Direct Labor Charge $10.00/hr. 2. Charge for a Dump Truck 34.00/hr. 3. Charge for a Small Loader 41.00/hr. 4. Charge for a Large Loader 91.00/hr. 5. Charge for a Gravely & Pick -Up Truck 29.00/hr. 6. Charge for a Tractor Mower 29.00/hr. 7. Supervisory Labor Charge 18.00/job 8. Administrative Charges 25.00/job 9. Dumping Charges 34.00/full load The average cost for the mowing of a lot will be as follows: - One (1) person for one (1) hour @ $10.00/hr. $10.00 - One (1) Tractor/Mower for one (1) hour @ $29.00 per hour 29.00 - Supervisory charge 18.00 - Administrative Charge 25.00 Additionally, the average TOTAL: cost for the clean-up $82.00 of a lot will be as follows: - Two (2) persons for one (1) hour @ $10.00/hr. $10.00 - One (1) Dump Truck for one (1) hour @ $34.00/hr. 34.00 - Dumping Fee ($34/full load - $8.00 min.) 34.00 - Supervisory Charge 18.00 - Administrative Charge 25.00 TOTAL: $131.00 A" . REGULAR MEETING SEPTEMBER 22, 1987 APPROVE REQUEST OF NUCLEAR WEAPONS FREEZE CAMPAIGN TO CONDUCT 10K WALK - SEPTEMBER 26, 1987 In a letter to the Board, Mr. Roger Voelker, St. Joseph County Nuclear Weapons Freeze Campaign, 10814 Dunn Road, Osceola, Indiana, advised that the St. Joseph County NWFC requests permission to hold a 10K Walk on September 26, 1987, for the purpose of raising funds for the Nuclear Weapons Freeze Campaign. Mr. Voelker advised that it is anticipated that fifty (50) individuals will participate in the walk which will begin at Howard Park at 1:30 p.m. and return there at 3:30 p.m. The proposed route is as follows: West on Jefferson to Monroe West on Monroe to Main North on Main to Leeper Park West on Riverside Drive to the Angela Bridge East on Northside Drive to Niles Avenue South on Niles Avenue to Howard Park Mr. Voelker additionally advised that participants will stay on the sidewalks and obey all pedestrian traffic laws. No special escort will be required. Mr. Voelker informed the Board that the registration form signed by all participants includes a waiver of all rights and claims for damage against the City. Also, he advised that the Board of Park Commissioners has already given permission to use Howard Park as a staging and rally area for the walk. Mrs. DeClercq stated that because of the date of this event, she would like to make a motion that the request be approved subject to the review and favorable recommendations of the Bureau of Traffic and Lighting, Police Department Traffic Division and the City Attorney's office. Mr. Vance seconded the motion and it carried. APPROVE REQUEST OF SINAI SYNAGOGUE TO REMOVE PARKING RESTRICTIONS IN VICINITY OF THE SYNAGOGUE FOR HIGH HOLY DAYS SERVICES - SEPTEMBER 23-25, 1987 AND OCTOBER 2-3, 1987 Mr. Leszczynski advised that the appropriate City departments and bureaus have reviewed the above referred to request submitted to the Board on September 15, 1987, and recommend approval. Upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski and carried, the recommendation was accepted and the request approved. APPROVE SIDEWALK SALE PERMIT APPLICATION Mr. Leszczynski advised that the following Sidewalk Sale Permit application has been received: NAME: Republican Headquarters BY: Elizabeth Garner, Fundraising Chairman ADDRESS: 1612 Mishawaka Avenue DATES: September 26, 1987 ITEMS TO BE SOLD: Miscellaneous Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the above referred to Sidewalk Sale Permit application 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: REGULAR MEETING CONTRACTORS Marvel Concrete Contractors, Inc. Thomas P. Geldner d/b/a. Brothers Construction Company Solid Rock Contractors, Inc. EXCAVATION Pete Yoder Construction SEPTEMBER 22, 1987 APPROVED Retroactive to 9/16/87 RELEASED 9/22/87 APPROVED Retroactive to 9/21/87 APPROVED Retroactive to 9/21/87 Upon a motion made by Mr. Vance, seconded by Mrs. DeClercq and carried, the above Contractors and Excavation Bonds 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 sixty-one (61) properties cleaned from September 14, 1987 to September 18, 1987, was submitted. Upon a motion made by Mrs. DeClercq, seconded by Mr. Vance and carried, the report'as submitted was filed. APPROVE CLAIMS Mr. John W. Ferguson, Executive Director, St. Joseph County Job Training Program, submitted a list containing forty-five (45) claims and recommended approval. Additionally, City Controller Michael L. Vance submitted Claim Docket No. 13936 through Claim Docket No. 14182 and recommended approval. Upon a motion made by Mr. Vance, seconded by Mrs. DeClercq 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 9:54 a.m. / ,j 1 Patricia E. DeClercq Michael L. V tnce ATTEST: Sandra M. Parmerlee, Clerk 1 1 1