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HomeMy WebLinkAbout12/01/87 Board of Public Works Minuteso 53 REGULAR MEETING DECEMBER 1, 1987 The regular meeting of the Board of Public Works was convened at 9:36 a.m. on Tuesday, December 1, 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 November 24, 1987, regular meeting of the Board were approved. OPENING OF BIDS - TOWING AND STORAGE OF ABANDONED VEHICLES This was the date set for receiving and opening of sealed bids for the above referred to services. The Clerk tendered proofs of publication of Notice in the South Bend Tribune and the Tri-County News which were found to be sufficient. As no bids were received, Mr. Leszczynski made a motion that Mrs. Patricia E. DeClercq, Director, Department of Code Enforcement, be allowed to negotiate for the towing and storage of abandoned vehicles. Mr. Vance seconded the motion and it carried. OPENING OF BIDS - REPAIRS SANDOCK FURNITURE BUILDING This was the date set for receiving for the above referred to project. publication of Notice in the South Tri-County News which were found to bids were opened and publicly read: and opening of sealed bids The Clerk tendered proofs of Bend Tribune and the be sufficient. The following KASER-SPRAKER CONSTRUCTION, INC. 25487 W. State Road 2 P.O. Box 3605 South Bend, Indiana 46619 Bid was signed by Gary L. Spraker, President Kaser, Secretary, Non -Collusion Affidavit was 5% Bid Bond was submitted. BID: INCLUDING ALTERNATES - $18,855.00 LESS ALTERNATES - $12,097.00 and Daniel H. in order and a L.L. GEANS & SONS, INC. 56535 Magnetic Drive Mishawaka, Indiana 46545 Bid was signed by Rocky R. Geans, President and Linda M. Geans, Secretary, Non -Collusion Affidavit was in order and a 5% Bid Bond was submitted: BID: INCLUDING ALTERNATES - $23,121.00 LESS ALTERNATES - $12,661.00 Mr. Geans advised that his bid includes removing and replacing the immediate open and damaged areas and no more. These two (2) areas are approximately 10'xl2'. L.L. Geans & Sons, Inc., cannot bid general conditions of replacing rotten wood joists. More specific areas or units would be required. He further stated that the roof guarantee for one (1) year will be for areas patched but not for the entire roof. He also suggested the following alternate for Alternate #1: 1/8" white (one side) masonite in 68 openings. 68 openings @ $48.50 = $3,298.00 Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the above bids were referred to the appropriate Departments for review and recommendation. REGULAR MEETING DECEMBER 1, 1987 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 twelve (12) 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: Mr. Gene Hancz Steve & Gene's Auto Truck Salvage 3109 S. Gertrude, P.O. Box 2883 South Bend, Indiana 46680 Vehicles No. 1 $ 10.75 Vehicles No. 7 $ 5.75 2 10.75 8 2.00 3 35.75 9 5.75 4 15.75 10 35.75 5 10.75 11 25.75 6 15.75 12 25.75 Mr. James L. Stambaugh, Jr. 54660 N. Oak South Bend, Indiana Vehicles No. 1 $ 11.26 3 11.26 6 11.26 9 50.26 11 11.26 Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the following bids were awarded: Steve & Gene's - Vehicle No. 2 $10.75 3 35.75 4 15.75 5 10.75 6 15.75 7 5.75 8 2.00 10 35.75 11 25.75 12 25.75 TOTAL: $183.75 James L. Stambaugh - Vehicle No. 1 $11.26 9 50.26 TOTAL: $ 61.52 GRAND TOTAL: $255.27 OPENING OF QUOTATIONS - INSTALLATION OF STEEL GUARD RAIL AT KARL KING TOWERS Mr. Leszczynski advised that this was the date set for the receiving of Quotations for the installation of a Class A steel guard rail at Karl King Towers located on Lincolnway East in South Bend. The following Quotations were received and read: JAMES H. DREW CORPORATION 2829 North Meridian Street P.O. Box 88504 Indianapolis, Indiana Quotation was submitted by Gregory A. Peck, Contract Representative. QUOTATION: $2,695.00 REGULAR MEETING DECEMBER 1, 1987 TRANS TECH ELECTRIC, INC. P.O. Box 3915 South Bend, Indiana Quotation was submitted by Robert J. Urbanski, President. QUOTATION: $3,390.00 CAL -PRO FENCE COMPANY, INC. 1700 West Ford Street South Bend, Indiana Quotation was submitted by Philip E. Hesch. QUOTATION: $3,075.52 Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the above Quotations were referred to the Engineering Department for review and recommendation. PUBLIC HEARING AND FAVORABLE RECOMMENDATION - STREET VACATION: GARST ST. RUNNING W. FROM THE WESTERLY RIGHT-OF-WAY OF PRAIRIE AVE. TO 1ST N/S ALLEY FOR A DISTANCE OF 143.54 FEET Mr. Leszczynski advised that this was the date set for the Board's Public Hearing on a proposed vacation described as follows: Garst Street running west from the westerly right- of-way of Prairie Avenue to the 1st north/south alley for a distance of 143.54' more or less. All being part of South Bend City Add. 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 Mr. Don Golichowski, Secretary/Treasurer, Sheet Metal Workers Joint Training Trust Fund, 1015 Prairie Avenue, South Bend, Indiana, owners of Lot #31. It was further noted that pursuant to South Bend Municipal Code Section 18-53.8, all abutting property owners as well as property owners within three hundred (300) feet of the street to be vacated were notified of the Board's Public Hearing date. Attorney Jeff Kehl, Hahn, Walz & Knepp, 509 West Washington, South Bend, Indiana, was present on behalf of affected property owner, Ms. Doris E. Lake, 1805 E. Farnsworth, South Bend, Indiana. Mr. Kehl advised that initially his client was opposed to the vacation but as they have negotiated with the Petitioner for an easement across the back of the street for access for trucks, they have no objections at this time. Attorney Timothy Hartzer, Parker and Jaicomo, 205 West Jefferson Boulevard, South Bend, Indiana, was present on behalf of affected property owners Charles and Carolyn Pomeroy III, 1117 Donmoyer Avenue, South Bend, Indiana. Mr. Hartzer stated that Mr. & Mrs. Pomeroy own three (3) lots to the north to Kerr Street and they are opposed to this vacation as Garst Street as it now exists, provides the only potential access from the south. Also, in addition to owning the three (3) lots as indicated previously, the Pomeroy's own the alley which runs north to south from Kerr Street to Garst. The alley was part of the purchase of the three (3) lots. Mr. Hartzer stated that the Pomeroy's are concerned about what will happen in the future should the street be closed and they would therefore like to see Garst Street remain open. Mr. Hartzer made mention of a vacant building on the lot immediately to the north of Garst Street that will also be affected by the vacation. In conclusion, Mr. Hartzer stated that the Pomeroy's would prefer that Garst Street remain a legal street and not be vacated. �6 REGULAR MEETING DECEMBER 1, 1987 Attorney Kenneth Fedder, 205 West Jefferson Boulevard, South Bend, Indiana, advised that the South Bend Economic Development Commission c/o of the Prairie Company, 1100 Prairie Avenue, South Bend, Indiana, was notified of this vacation and inquired who the Petitioner is in this proposed vacation. Mr. Don Golichowski, 31617 Evergreen Street, Dowagiac, Michigan, representing Sheet Metal Workers Joint Training Trust Fund as Petitioner, was present and advised Mr. Fedder that he is the Petitioner. Mr. Fedder advised that he does not believe the Commission would have any objections to this vacation. Mr. Don Golichowski addressed the Board and advised that the Sheet Metal Workers Joint Training Trust Fund has bought the building at 1015 Prairie Avenue that will be used as a training facility which will be used in the evenings. The vacation of Garst Street is requested to allow off-street parking to individuals attending the facility. He stated that they have no objections to easements and rights -of -way to affected property owners. He further advised that the building stands idle during the daytime hours. Mr. Leszczynski informed those present that Garst Street, which goes back one (1) block, currently consists of gravel and has never been used as a street. Mr. Leszczynski further advised that the various City departments and the Area Plan Commission that have reviewed this request recommend favorable action on the Petition. 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. As a point of clarification, Mr. Vance was advised that the easement referred to earlier by Attorney Kehl would provide access across the parking lot during the daytime. Mr. Leszczynski stated that the matter of providing access and easements is something that will need to be worked out with the Petitioner and the property owners affected by this vacation should the vacation be approved. 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 street vacation subject to any and all utility easements. ONE WEEK CONTINUATION OF PUBLIC HEARING - VACATION OF STREET AND AT.T.F.VS - DINAN CT. RUNNING W. FROM ST. J N/S ALLEY W. OF ST. JOSEPH ST.; - 1ST E/W ALLEY N. OF NAVARRE ST. FROM ST. JOSEPH 165 FT. TO 1ST N/S ALLEY W. OF ST. JOSEPH & - 1ST E/W ALLEY N. OF NAVARRE ST. FROM MICHIGAN ST. EAST APPROX. 165 FT. TO THE 1ST N/S ALLEY W. OF ST. JOSEPH ST. Mr. Leszczynski advised that this was the date set for the Board's Public Hearing on a proposed vacation of the following street and alleys: ST. APPROX. 165 FT. TO 1ST W. APPROX. Dinan Court running west from St. Joseph Street approximately 165 feet to the first north/south alley west of St. Joseph Street. Also, the first east/west alley north of Navarre Street from St. Joseph Street west approximately 165 feet to the first north/south alley west of St. Joseph Street. Also, the first east/west alley north of Navarre Street from Michigan Street east approximately 165 feet to the first north/ south alley west of St. Joseph Street. 1 1 1 REGULAR MEETING DECEMBER 1. 1987 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. David B. Behr, Holladay Corporation, 100 E. Wayne Street, South Bend, Indiana, as contact person for the Petitioners, Mr. Theodore J. Foti, Senior Vice -President, Memorial Health Properties, Inc., 425 North Michigan Street, South Bend, Indiana and Lincoln National Life Insurance Company, 1300 South Clinton Street, Fort Wayne, Indiana. It was further noted that pursuant to South Bend Municipal Code Section 18-53.8, owners whose property abut the proposed street and alleys to be vacated were notified of the Board's Public Hearing date. Ms. Marilyn Shock, 213 East Navarre Street, South Bend, Indiana, advised that she has acquired from Mary Bunyan the property at 615 North St. Joseph Street and 122 Dinan Court. Ms. Shock submitted to the Board photographs of the property she owns as well as the abstract for the property. She advised that the house contains two (2) apartments. She further advised that she opposes the vacation as indicated above as access to the house will be cut-off. Mr. David Behr, Holladay Corporation, 100 East Wayne Street, South Bend, Indiana, was present on behalf of the Petitioners and advised the Board that The Holladay Corporation has an option to purchase property on the block owned by Memorial Health Properties, Inc. and Lincoln National Life Insurance Company. He stated that the reason for the vacation of the three (3) rights -of -way is to consolidate existing parking lots currently behind the Travelodge located at 614 North Michigan Street. He stated that plans indicate that the building will be removed and a four (4) story medical office building will be constructed that would connect with Memorial Hospital by way of a skywalk. He stated that Northern Indiana Public Service Company has a line in the east/west alley off of Michigan Street which will be relocated as that alley will be covered by the new building. The vacation of the two (2) alleys indicated in the Petition would provide for consolidation of parking lots. He further stated that access from the parking to St. Joseph Street would not be allowable. Mr. Behr stated that in regards to the property acquired by Ms. Shock, the house is located on the corner and faces St. Joseph Street. Should the alley be vacated, one-half (1/2) of the alley will go to the adjacent property owner and could be used for access. The vacation as proposed will not landlock any property owner. In response to a question from Mr. Leszczynski, Mr. Behr stated that The Holladay Corporation has options to purchase Lot Nos. 6, 7, 8, 10, 11, 12, and 13. Mr. John Phair, The Holladay Corporation, 100 East Wayne Street, South Bend, Indiana, addressed the Board and advised that they have been meeting with neighborhood groups and it was the neighborhood groups that advised that it was important to them that the vacations of these rights -of -way take place in order to control traffic on the residential street. Mr. Leszczynski advised that the Board has received favorable recommendations from the Area Plan Commission and the Engineering Department. However, the Department of Economic Development has asked that the Board postpone making a recommendation to the Common Council on this proposed vacation for one (1) week. Ms. Shock stated that she was concerned about the zoning of the property and the proposed zoning of the property to "C" Commercial. She further advised that cars belonging to employees REGULAR MEETING DECEMBER 1, 1987 of the hospital and REAL Services can be seen parked along the street and indicated that even if the street is closed the employees will continue to park in the neighborhood. In response to a question by the media regarding the recommenda- tion from the Department of Economic Development to postpone submitting a recommendation to the Common Council at this time, Mr. Leszczynski read the Memorandum received from the Department of Economic Development. The recommendation for postponement indicated that the property to be vacated is not located within a Redevelopment Area and there is no foreseeable plan which would include Redevelopment's use of this property. However, the proposed alley vacation is part of Memorial Hospital's expansion plans east of Michigan Street. The Department of Economic Development recognizes the need for Memorial's expansion, but wants to insure that any growth by Memorial Hospital in this direction does not endanger the adjacent residential neighborhood. Therefore, it is important that both the hospital expansion plans and neighborhood revitalization effort fit together. Until the Department of Economic Development is sure that the proper fit is there, they withhold their recommendation and ask that the Board delay action on this request. It is the understanding of the Department of Redevelopment that another meeting between the hospital, the developer and the neighborhood will be held shortly. Mr. Behr advised that the property in the west one-half (1/2) block is zoned "C" commercial with the remainder of the east side of the north/south alley zoned "B" residential. In response to Board Attorney Thomas Bodnar's question of whether they plan to rezone, Mr. Behr advised that they have petitioned to rezone the lots behind the Travelodge from "B" to licit. Mr. Phair stated that this was another recommendation that came out of the meetings with the neighborhood groups. The rezoning would allow for the future building of a parking garage on that site which would alleviate employees parking on the street. Ms. Shock stated that she wanted to clarify for the Board that when Mr. Phair talks of meetings held with neighborhood groups, The Holladay Corporation talked with officials of the groups and not the property owners. Mr. Phair stated that they have met with leaders from four (4) neighborhood groups. Mr. Carl Ellison, Memorial Hospital, 615 North Michigan Street, South Bend, Indiana, advised that the hospital would support a Petition for a Restricted Residential Parking Zone in the area to assure that hospital employees are not parking in the neighborhoods. Mr. Leszczynski reminded Mr. Ellison that certain ordinance requirements must be met before an area can be designated as a Restricted Residential Parking Zone and if residents request such a zone and requirements are met, the zone would be approved. Mr. Leszczynski reminded Ms. Shock that should the proposed vacation be approved, she would acquire one-half (1/2) of the right-of-way which would be vacated which would provide access for her. Ms. Shock inquired what her address would be if Dinan Court is closed. Mr. Leszczynski advised that the address most likely would be changed to a St. Joseph Street address. There being no one else present wishing to speak either for or against this proposed vacation, and no written objections by affected property owners 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. 1 5 REGULAR MEETING DECEMBER 1. 1987 Mr. Vance stated that based on the recommendation received by the Department of Economic Development he would make a motion that the Board delay any vote on this matter and that the Public Hearing be continued until the next regular meeting of the Board to be held on December 8, 1987. Mrs. DeClercq seconded the motion and it carried. PUBLIC HEARING AND FAVORABLE RECOMMENDATION - ALLEY VACATION: 1ST N/S ALLEY W. OF KESSLER BLVD. RUNNING SO. FROM MC CARTNEY ST. FOR A DISTANCE OF APPROX. 128 FT. TO THE 1ST INTERSECTING ALLEY Mr. Leszczynski advised that this was the date set for the Board's Public Hearing on a proposed alley vacation described as follows: The first north/south alley west of Kessler Boulevard running south from McCartney Street for a distance of approximately 128 feet to the first intersecting alley, lying between Lots 64 and 65 of the Northwest 2nd Addition to 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 Attorney Kenneth P. Fedder, Suite 300, First Bank Building, South Bend, Indiana, Contact Person, on behalf of the Petitioners, Warren Reynolds, Margaret Reynolds and David M. Golob, 1222 McCartney, 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. Attorney Kenneth P. Fedder, Suite 300, First Bank Building, South Bend, Indiana, was present on behalf of the Petitioners and advised that the proposed alley to be vacated is not maintained nor used for trash pick-up. He stated that there is an alley which runs east/west which is open. Mr. Fedder stated that Mr. Golob, who was also present, is requesting that the alley be vacated and he will maintain it and pay taxes on the property he acquires. 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. It was noted that favorable comments have been received from the Engineering Department, Area Plan Commission and the Community Development Department concerning this proposed alley 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. APPROVE CHANGE ORDER NO. 1- MICHIGAN STREET IMPROVEMENTS, PHASE II PROJECT Mr. Leszczynski advised that Carl J. Reinke & Sons, P.O. Box 3095, South Bend, Indiana, has submitted Change Order No. 1 indicating that the Contract amount be increased by $53,243.36 for a new Contract sum including this Change Order in the amount of $707,338.55. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, Change Order No. 1 as submitted was approved. DENY REQUEST FOR STREET LIGHT - 1000 BLOCK 31ST STREET Mr. Leszczynski advised that the Bureau of Traffic and Lighting has reviewed the request submitted to the Board on November 3, REGULAR MEETING DECEMBER 1, 1987 1987, for the installation of a street light in the 1000 block of 31st street and advised that a review of the situation reveals that there is sufficient street lighting at that location. Therefore, Mr. Leszczynski made a motion that the request be denied. Mrs. DeClercq seconded the motion and it carried. APPROVE AND/OR RELEASE CONTRACTORS AND EXCAVATION BONDS Mr. Melvin Humphrey, Engineering Department, recommended that the Contractor's Bond for Jack 0. & Joyce S. Scott, d/b/a Jack Scott Concrete, be released effective December 20, 1987 and the Excavation Bond for Bob Frame Plumbing & Heating, Inc. be approved retroactive to November 24, 1987. Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the recommendation was accepted and the above bonds approved and or released as referred to above. FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORT A report from the Department of Code Enforcement indicating a total of twenty (20) properties cleaned from November 23, 1987 to November 27, 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. Emery Chrobot, Acting Executive Director, St. Joseph County Job Training Program submitted a list containing eighty-nine (89) claims and recommended approval. Additionally, City Controller Michael L. Vance submitted Claim Docket No. 16989 through Claim Docket No. 17126 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 10:12 a.m. Si n E. Leszczy s 41fi,, Patricia E. DeClercq Michael L Vance ATT� T: Sandra M. Parmerlee, Clerk