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HomeMy WebLinkAbout11/03/87 Board of Public Works MinutesREGULAR MEETING NOVEMBER 3, 1987 The regular meeting of the Board of Public Works was convened at 9:30 a.m. on Tuesday, November 3, 1987, by President John E. Leszczynski, with Mr. Leszczynski, Mr. Michael L. Vance and Mrs. Patricia E. DeClercq present. Also present was Chief Deputy City Attorney Thomas Bodnar. AGENDA ITEM ADDED Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, traffic control devices were added to the agenda. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski, and carried, the minutes of the October 27, 1987, regular meeting of the Board were approved. PUBLIC HEARING AND FAVORABLE RECOMMENDATION - ALLEY VACATION: 1ST E/W ALLEY SO. OF VINE STREET RUNNING FROM 30TH ST. E. TO Mr. Leszczynski advised that this was the date set for the Board's Public Hearing on a proposed alley vacation described as follows: The 1st east/west alley south of Vine Street running from Thirtieth Street east to the intersecting north/ south alley, for a total distance of 165' more or less. All being in part of Eggleston's lst Addition within the City of South Bend, St. Joseph County, 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 Richard Trowbridge and Michael Ponzi, 1020 South 30th Street, South Bend, Indiana and Ramon and Betty Hawn, 1102 South 30th Street, South Bend, Indiana. As the Petitioner was not present and there was no one else present wishing to speak either for or against the proposed alley vacation and no written objections were 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 the Area Plan Commission and the Engineering Department recommended that if the alley described above is vacated it should be done so subject to some additional right-of-way being dedicated to the City to allow traffic to make a turn movement either to the north or to the south from the portion of remaining east/west alley. The Engineering Department indicated that this turn movement may be handled in several ways: 1. Triangular portions taken off adjacent properties. 2. Rectangular portions taken of abutting properties and shortening the length of the alley vacation. 3. A combination of both or approved equal. The intent is to make the intersection equivalent to a 20' right-of-way turn movement. Therefore, upon a motion made by Mr. Leszczynski, seconded by Mr Vance and carried, the Clerk was instructed to forward to the Common Council a favorable recommendation on the above referred to alley vacation subject to the dedication of additional right-of-way for a turn movement and subject to any and all utility easements. 1 REGULAR MEETING NOVEMBER 3, 1987 APPROVE COMMUNITY DEVELOPMENT ADDENDUM The following Community Development Addendum was presented to the Board for approval: ADDENDUM I MONROE PARK DEVELOPMENT CORPORATION MONROE PARK HOUSING Addendum I indicated a change in the activity guidelines to allow loans to homeowners. Ms. Betsy Harriman, Department of Community Development, advised that this change refers to loans for rehabilitation and there is no change in the amount of this activity. Upon a motion made by Mr. Vance, seconded by Mrs. DeClercq and carried, the above Addendum was approved and executed. ADOPTION OF RESOLUTION NO. 33-1987 - APPROVAL OF SCRAP METAL/JUNK DEALERS/TRANSFER STATION LICENSE APPLICATION - SOUTH BEND AUTO PARTS Mrs. Patricia E. DeClercq, Director, Department of Code Enforcement, advised that before the Board today is Resolution No. 33-1987 regarding the approval of a scrap metal/junk dealers/transfer station license application for South Bend Auto Parts, 307 West Calvert Street, South Bend, Indiana. Mrs. DeClercq stated that the Department of Code Enforcement has been working with the owner of this operation in order to bring the operation into compliance with ordinance requirements. She stated that the owner of the operation, Mr. Philip Smith, has submitted a Letter of Commitment and agrees to complete the fencing requirements and to fill in the washout at the front gate of the business by November 3, 1987. The Letter of Commitment confirms that he has reduced the number of his employees to one (1) thereby bringing parking requirements into compliance at this time. Also, Mr. Smith has agreed to sod or seed the tree lawn area in front of the scrap yard as soon as weather permits in the Spring. Finally, Mr. Smith agreed to have the trailer removed from the lot within thirty (30) days from the date of October 30, 1987. Mrs. DeClercq stated that based on the above referred to Letter of Commitment and the work that has been done to date, it is recommended that this application be sent to the Common Council with a favorable recommendation with the understanding that should South Bend Auto Parts fail to meet the conditions of the Letter of Commitment, the Board will recommend the revocation of any license which has been issued. It was noted that the Fire Department has also completed an inspection of the premises and has indicated that the operation is in compliance with fire code requirements. Mrs. DeClercq further stated that she has advised Mr. Smith that the application for a 1988 license will be subject to any changes in the number of employees which would then change the parking requirements and subject to total compliance with all sections of the scrap yard license ordinance. Mrs. Hildegarde Zemlyak, 1903 South Franklin Street, South Bend, Indiana, Vice -President of the Rum Village Neighborhood Association, addressed the Board and advised that pursuant to the fire, health and safety laws of the State of Indiana and the City of South Bend Municipal Code certain requirements for the operation of this type of business must be met. Mrs. Zemlyak inquired whether the Health Department has inspected the premises, if there were adequate toilet facilities and if the City Engineer has inspected the area for public safety and public nuisance. She stated that Calvert Street is twenty-nine feet (29') from curb to curb and tow trucks have to jockey around to ol REGULAR MEETING NOVEMBER 3, 1987 get in and out of the yard. As numerous cars and buses utilize the street, this jockeying around creates a problem. She informed those present that she conducted an eighteen (18) minute survey in front of the scrap yard operation and noted that forty-four (44) vehicles travelled west on Calvert and forty-three (43) travelled east during this short time. Mrs. Zemlyak further stated that the tow trucks go over the public sidewalk and portions of it are covered with dirt. She inquired of the requirement that the operator provide off-street parking and further stated that her research reveals that the owner of the property is Shafer Gear Works. She further questioned the operation owners' right to occupy the premises, the use of the trailer on the premises, the keeping of a record of all transactions in a bound book open for inspection, the fact that the business has no address indicated, has no mail box and the fact that the fence is not of uniform color or material. She stated that this operation is a huge problem in the neighborhood and asked that the Board recommend denial of the license application. Mrs. DeClercq stated that she understands the position of the neighborhood association but indicated that the City must deal with the application based on the municipal code not based on whether the association would like the business to be there. She reiterated that the City has a Letter of Commitment and inspections of the premises have been conducted with the ordinance in mind. She also advised that Mr. Smith has the required four (4) off-street parking spaces on his premises which are clearly marked. In response to Mrs. Zemlyak's concerns about the width of the street and the amount of traffic, Mr. Leszczynski advised that he sees no problem with the width of the street and the scrap yard's use of the street and to his knowledge there have been no reports, complaints or accidents as a result of this operation utilizing the street in question. Mrs. DeClercq further advised that mail is delivered to the operation at 307 West Calvert and that Mr. Smith will be asked to post a sign indicating where his records are available for inspection. Board Attorney Thomas Bodnar advised that the Board's recommenda- tion today is a preliminary step in the process which is to provide a recommendation to the Common Council regarding the license application submitted by South Bend Auto Parts. Mr. Leszczynski advised that the Board merely obtains technical evidence and if the operation meets those requirements, the Board must recommend favorably. The Health Department does not enter into this process. Ms. Christine Szalay, 1822 South Taylor Street, South Bend, Indiana, advised the Board that she has observed a rat on the scrap yard premises and is concerned about health problems at that location. Mrs. DeClercq stated that health problems are not the jurisdiction of the Board but she will advise the County Health Officer of this concern. Mrs. DeClercq also informed those present that the City cannot deny this applicant the opportunity to conduct the operation if he is in compliance which he is attempting to be at this time. Mrs. Zemlyak stated that in light of the fact that this business has been operating since February of this year, it is doubtful whether the Letter of Commitment will be honored. Mr. Leszczynski stated that the City has been working with the applicant and great strides have been made in bringing the operation into compliance with ordinance requirements. 1 1 2� REGULAR MEETING NOVEMBER 3, 1987 Mr. Roger Bailey, 1719 South Taylor Street, South Bend, Indiana, advised the Board that he passes by this operation very frequently and the gate is always open and the business has been operating since February. Mrs. DeClercq advised that that is why the City went to Court regarding this matter as the Department does not have arrest powers in these types of situations. She informed those present that the Judge ruled in the City's favor regarding this matter and granted an injunction. She further advised that approximately three (3) weeks ago this matter again went to Court on a contempt hearing. Board Attorney Thomas Bodnar stated that the court will keep Mr. Smith from starting up his business again until the compliance issue is resolved and the Judge will lift the injunction when the City is satisfied that ordinance requirements are met. Mr. Paul Szalay, 1822 South Taylor Street, South Bend, Indiana, stated that whenever he goes by the operation, traffic is blocked and cars must wait for the tow trucks to move. Mr. Leszczynski and Mrs. DeClercq informed those present that these types of complaints should be turned in to the City at the time they are occurring. Mrs. DeClercq advised that a Department of Code Enforcement inspector previously monitored the area for this type of situation but no blocking of traffic was observed. Members of the Association were told that should they observe the scrap yard trucks blocking the street, the City should be notified as an inspector can be on the spot immediately to observe the situation. Therefore, Mrs. DeClercq made a motion that Resolution No. 33-1987 be sent to the Common Council with a favorable recommendation with the understanding that should South Bend Auto Parts fail to meet the conditions of the Letter of Commitment the Board will recommend the revocation of any license which has been issued. Mr. Vance seconded the motion, it carried, and the following Resolution No. 33-1987 was adopted: RESOLUTION NO. 33-1987 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: South Bend Auto Parts 307 W. Calvert St. 0 REGULAR MEETING NOVEMBER 3. 1987 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 3rd day of November, 1987. BOARD OF PUBLIC WORKS s/John E. Leszczynski, President s/Patricia E. DeClercq ATTEST: s/Sandra M. Parmerlee, Clerk AWARD BID AND APPROVE CONSTRUCTION CONTRACTS - CONCRETE PAVEMENT REPAIRS 1987 PROJECT In a letter to the Board, Mr. Michael P. Meeks, Director, Division of Engineering, recommended that the Board accept the bids of LaPorte Construction Company, Inc., P.O. Box 577, LaPorte, Indiana, for both Packages A and B of the above referred to project in the amounts as follows: Package A - $47,447.50 Package B - $42,629.50 It was noted that bids for this project were opened by the Board on October 27, 1987. Mr. Leszczynski further advised that in accordance with the award of these bids, Contracts in said amounts were being submitted for Board approval. Upon a motion made by Mr. Vance, seconded by Mrs. DeClercq and carried, the above bids were awarded, the Contracts approved and the appropriate insurance, Performance Bonds and Labor and Materials Payment Bonds were filed. FILING OF IRREVOCABLE STANDBY LETTERS OF CREDIT - SLD PARTNERSHIP SOUTHLAND DEVELOPMENT SECTION II Mr. Leszczynski advised that the SLD Partnership has submitted Irrevocable Standby Letter of Credit Number S-8654 in the amount of $26,513.15 and Irrevocable Standby Letter of Credit No. S-8655 in the amount of $37,929.00 issued by the St. Joseph Bank and Trust Company, P.O. Box 6, South Bend, Indiana. The Letters of Credit indicate that the Bank issues the letters for the account of SLD Partnership, 3021 Mishawaka, Indiana. Mr. Leszczynski further advised that these Letters of Credit cover completion of public improvements and the City can go against the Letters should the work not be completed. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the above referred to Letters of Credit were accepted for filing. DENY PETITION FOR RESTRICTED RESIDENTIAL PARKING ZONE - 800 BLOCK OF SOUTH 23RD STREET Mr. Leszczynski advised that in response to the Petition for a Restricted Residential Parking Zone in the 800 block of South 23rd Street submitted to the Board on July 28, 1987, the Bureau of Traffic and Lighting has conducted the appropriate study and recommend denial at this time as the results show that ordinance requirements have not been met to establish a restricted residential parking zone in that block. He advised that the study of the above location was conducted on October 16, 1987 from 9:00 p.m. to 5:00 a.m. The study showed an average occupancy of nineteen (19) cars out of forty (40) possible parking spaces for an average occupancy of forty-eight per cent (48%). The ordinance requirements indicate that there must be an average occupancy of seventy-five per cent (75%). Additionally, at this same time there was an average of nine (9) non-resident vehicles for an occupancy of twenty-three per cent (23%). The ordinance requires a twenty-five per cent (25%) non-resident occupancy. ID F0 X REGULAR MEETING NOVEMBER 3, 1987 Therefore, upon a motion made by Mr. Vance, seconded by Mrs. DeClercq and carried, the recommendation was accepted and the request denied. 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 twelve (12) abandoned vehicles, which are being stored at Steve & Gene's Auto & Truck Salvage and Repair, 3109 South Gertrude 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 Mr. Vance and carried, the above request was approved and a date of November 17, 1987, was established for the receiving and opening of sealed bids. APPROVE HOUSE MOVE TO TEMPORARY LOCATION Mr. Leszczynski advised that a request has been submitted to the Board to permit the moving of a house presently located at 334 North Hill Street to a temporary location at the northwest corner of Washington and Hill Street. Mr. Leszczynski made a recommendation that the request be approved subject to the Bureau of Traffic and Lighting and the Building Department submitting formal recommendations and with the additional stipulation that the house be placed on blocks at the temporary site and that a fence be erected around the house. Board Attorney Thomas Bodnar advised that the Certificate of Insurance as required by the ordinance governing moving of structures, will be in effect from the time the house is placed on the public right-of-way to be moved from its current location until such time as the house is re -located to a permanent location. Mr. Carter Wolf, Director, Center City Associates, 730 West Washington, South Bend, Indiana, advised the Board that Center City Associates is involved in this venture and has secured approval from the Department of Economic Development to locate this house on the vacant lot at the northwest corner of Washington and Hill Street which is owned by the Department of Redevelopment. He stated that the Department of Redevelopment has given permission to temporarily set the house at this location until March 1, 1988 with the house being removed no later than April 1, 1987. Mr. Wolf stated that discussions have been held with an individual for a permanent site with that site being along the same route as proposed for this temporary move. Therefore, upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the temporary move of a house from 334 North Hill Street to the northwest corner of Washington and Hill Street, with the house to remain at said site for not longer than thirty (30) days, was approved subject to favorable recommendations being received from the Building Department and Bureau of Traffic and Lighting and subject to the house being stabilized on blocks and fencing be erected around the structure until it is moved to a permanent location. REQUEST FOR STREET LIGHT - 1000 BLOCK 31ST STREET - REFERRED In a letter to the Board, Ms. JoAnne Weller, 1013 31st Street, South Bend, Indiana, requested that a street light be installed in the 1000 block of 31st Street. She stated that this is a double block consisting of the 1000 and 1100 blocks running between Vine Street and Pleasant Street. The light is requested as a matter of safety and security for the residents of the REGULAR MEETING NOVEMBER 3, 1987 neighborhood. Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the request was referred to the Bureau of Traffic and Lighting 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: CONTRACTORS - C.E. Stafford Construction, Inc. Approved Eff. 11/3/87 - Roscoe Bailey Released Eff. 11/3/87 EXCAVATION - Haskins, Inc. Approved Eff. 11/3/87 Upon a motion made by Mr. Vance, seconded by Mrs. DeClercq and carried, the above Contractors and Excavation Bonds were approved and/or released. FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORT A report from the Department of Code Enforcement indicating a total of eighty-one (81) properties cleaned from October 26, 1987 to October 30, 1987, was submitted. Upon a motion made by Mrs. DeClercq, seconded by Mr. Vance and carried, the report as submitted was filed. 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. REMOVAL OF HANDICAP TOW -AWAY ZONE, REVISED TO OPEN PARKING - 620 Lindsey. (Mr. Lewis Stephen relocated). 2. Old S.R. 2 - Western Avenue from Mayflower Road to Chapin Street and south on Chapin Street to its intersection with Sample Street (S.R. 23). This action adopts all current Official Actions of the State of Indiana with reference to Old S.R. 2. These Official Actions pertain to speed limits, parking restrictions, preferentiality at the intersections and any other restrictions at the intersections. Mr. Leszczynski advised that in light of the City's acceptance of State Road #2, the traffic control device indicated above accepts all current traffic control devices on that highway. FILING OF CERTIFICATES OF INSURANCE Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, Certificates of Insurance for Lykowski Construction, Inc., 21707 West Ireland Road, South Bend, Indiana, and O.J. Shoemaker, Inc., 1008 L.W.E., P.O. Box 418, South Bend, Indiana, were accepted and filed. APPROVE CLAIMS Mr. John W. Ferguson, Executive Director, St. Joseph County Job Training Program submitted two (2) lists containing one hundred sixteen (116) claims and recommended approval. Additionally, City Controller Michael L. Vance submitted Claim Docket No. 16029 through Claim Docket No. 16223 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. REGULAR MEETING NOVEMBER 3, 1987 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 10:21 a.m. �QL. 9, n E. Leszcz ATTEST: Ja4-'4AA, "LU, Sandra M. Parmerlee, Clerk C "LN Patricia E. DeClercq O