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HomeMy WebLinkAbout12/08/87 Board of Public Works Minutese-361 REGULAR MEETING DECEMBER 8, 1987 The regular meeting of the Board of Public Works was convened at 9:35 a.m. on Tuesday, December 8, 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 December 1, 1987, regular meeting of the Board were approved. CONTINUATION AND FAVORABLE RECOMMENDATION - VACATION OF STREET AND ALLEYS: - DINAN CT. RUNNING W. FROM ST. JOSEPH ST. APPROX. 165 FT. TO 1ST N/S ALLEY W. OF ST. JOSEPH ST.; - 1ST E/W ALLEY N. OF NAVARRE ST. FROM ST. JOSEPH ST. W. APPROX. - 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. Vance clarified for those present that at the last meeting of the Board held on December 1, 1987, a Public Hearing was held and closed regarding the vacation of the above referred to rights -of -way. He further clarified for the record that a recommendation to the Common Council by the Board regarding this matter was continued until this date. Mr. Leszczynski advised that the Department of Economic Development has submitted a favorable recommendation at this time regarding the proposed vacation. The recommendation indicates that the proposed vacation of Dinan Court and the related alley vacation are not in a Redevelopment area. However, the proposed vacations are located adjacent to a neighborhood in which,the Department of Economic Development will be undertaking some preliminary planning efforts. At a neighborhood meeting held on December 3, 1987, involving representatives from the neighborhood, City, developer and hospital, the proposed alley vacation and vacation of Dinan Court were discussed. A general consensus was reached which included the following: - The developer would offer a reasonable option on vacant property on St. Joseph Street in order to allow for an in -fill housing effort (a house move or new construction) by a NFP with the requisite financial and technical capacity; - All parties favor and would assist in the petition process for a residential parking zone for the general neighborhood area; - The area between the proposed surface parking (for the office building) and the west side of St. Joseph Street would remain as B-zoning as opposed to a rezoning to C; and, All ingress/egress for the office building would be off of Navarre Street. No ingress/egress for the proposed surface parking would be off St. Joseph Street. Mrs. DeClercq stated that the comments submitted by the Department of Redevelopment cover the concerns she had concerning this proposed vacation. Mr. Leszczynski advised Ms. Marilyn Shock, 213 East Navarre Street, South Bend, Indiana, who was present at the Public Hearing held last week and also present today, that she would receive one-half of the vacated property which would provide access to her and which would allow her to put in a driveway. It was noted that at the meeting held on December 1, 1987, Ms. Shock REGULAR MEETING DECEMBER 8, 1987 advised that she has acquired the property at 615 North St. Joseph Street and 122 Dinan Court and is concerned that she will be denied access should the street be closed. Ms. Shock advised that there is a storm drain in front of her property and questioned how she could construct a driveway. Mr. Leszczynski advised her that that situation can be modified. 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 was present at the meeting today and advised that the parking lot proposed by the developer would be fenced -in. Outside of the fenced -in lot the street will remain the same and can be used as a driveway. It will become a dead-end street. Mr. Vance stated that the outstanding concern of Ms. Shock's access from her property, is resolved by the fact that the street will still be available for her use. Therefore, Mrs. DeClercq made a motion that the Clerk forward to the Common Council a favorable recommendation regarding the above referred to vacation of rights -of -way subject to the items outlined in the Department of Redevelopment's recommendation being implemented, the street remaining available for access by abutting property owners as indicated by Mr. Behr and subject to any and all utility easements. Mr. Vance seconded the motion and it carried. APPROVE COMMUNITY DEVELOPMENT ADDENDUM The following Community Development Addendum was presented to the Board for approval: ADDENDUM I RENEW, INC. RENEW, INC. ACQUISITION/REHABILITATION ACTIVITY Addendum I provides for an increase in the maximum cost per unit to $20,000.00, allows use throughout the City and updates income eligibility limits. It was noted that the first two changes indicated above were made to accommodate Renew's new Independent Living rehabilitation program for the handicapped. Ms. Betsy Harriman, Department of Community Development, advised that there is no increase in the budget for this activity. Upon a motion made by Mr. Vance, seconded by Mrs. DeClercq and carried, the above Addendum was approved and executed. APPROVE HOLIDAY SCHEDULE FOR 1988 Mr. Vance advised that as has been the custom, he is recommending that the following holiday schedule for 1988 for all City employees, with the exception of sworn Police and Fire personnel, be passed by the Board. The schedule, consisting of nine and one-half (9 1/2) holidays is as follows: New Year's Day Good Friday (1/2 day) Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving Day after Christmas Friday, January 1, 1988 Friday, April 1, 1988 (afternoon) Monday, May 30, 1988 Monday, July 4, 1988 Monday, September 5, 1988 Friday, November 11, 1988 Thursday, November 24, 1988 Friday, November 25, 1988 Monday, December 26, 1988 In addition to the eight and one-half (8 1/2) designated holidays indicated above, employees may choose one (1) additional holiday from the holidays listed below: 1 1 1 363 REGULAR MEETING DECEMBER 8, 1987 Martin Luther King, Jr. Day Monday, January 18, 1988 Lincoln's Birthday Friday, February 12, 1988 Washington's Birthday Monday, February 15, 1988 Columbus Day Monday, October 10, 1988 It was noted that it is the City's intent to have the individual departments coordinate the scheduling of the one (1) additional holiday. Therefore, upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the above holiday schedule for 1988 as submitted was approved. APPROVE CHANGE ORDER NO. 1 - INSTALLATION OF TRAFFIC SIGNALS - SUGAR/MAPLE-BENDIX DRIVE PROJECT Mr. Leszczynski advised that Trans -Tech Electric, Inc., P.O. Box 3915, South Bend, Indiana, has submitted Change Order No. 1 (Final) indicating that the Contract amount be increased by $66.80 for a new Contract sum including this Change Order in the amount of $46,712.80. Upon a motion made by Mr. Vance, seconded by Mrs. DeClercq and carried, Change Order No. 1 (Final) as submitted was approved. FILING OF PUBLIC DISCLOSURE OF A DETERMINATION OF CONFLICT OF INTEREST UNDER 24 CFR §570.611 Mr. Leszczynski read a letter submitted to the Board from Mr. Jon R. Hunt, Executive Director, which serves as a public disclosure of a determination of conflict of interest under 24 CFR §570.611 for the following person: Wayne Kopec, member and Treasurer of the Neighborhood Business District Corporation, who will be applying for and receiving as a qualified applicant a loan of up to $84,500.00 and grant of up to $2,000.00 for acquisition and rehabilitation of a building to be occupied by his businesses, Sharp Communications, Inc. and the South Bend Consolidated Finance Corporation. Mr. Hunt stated that public consideration and acceptance of this letter satisfies the Department of Housing and Urban Develop- ment's'(HUD) regulations which require public disclosure of any potential conflict of interest involving the use of Community Development funds. This is a required step toward gaining HUD approval of the transaction. The office of the South Bend City Attorney has determined that the above situation does not constitute a conflict of interest under state law, and the office of Community Development will be requesting a waiver from the United States Department of Housing and Urban Development, Indianapolis area office, pursuant to 25 CFR §570.611. Mr. James Bixler, Department of Economic Development, advised that Mr. Kopec's application for loan is in the process of being approved but was held up until the disclosure issue has been taken care of. Therefore, upon a motion made by Mr. Vance, seconded by Mrs. DeClercq and carried, the above referred to letter was accepted for filing as submitted. APPROVE REQUEST TO READVERTISE FOR THE RECEIPT OF BIDS - TOWING AND STORAGE OF ABANDONED VEHICLES Mrs. Patricia E. DeClercq, Director, Department of Code Enforcement, reminded Board members that at their meeting held on December 1, 1987, no bids were received for the towing and storage of abandoned vehicles and that the.Board authorized her REGULAR MEETING DECEMBER 8, 1987 to negotiate for said services. Mrs. DeClercq stated that at this time she has determined that it would be in the City's best interest to readvertise for these services and is therefore requesting that the Board approve her request to readvertise for the receipt of bids. She further stated that the specifica- tions for these services are being revised. Upon a motion made by Mr. Vance, seconded by Mr. Leszczynski and carried, the request to readvertise was approved. 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 twenty (20) 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 December 22, 1987, was established for the receiving and opening of sealed bids. APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the following four (4) traffic control devices were approved: 1. NEW INSTALLATION, HANDICAP TOW -AWAY ZONE - 502 N. Walnut (John Paradic). (Mr. Paradic has mental retardation and arthritis. Both permanent disabilities). 2. REMOVAL OF OPEN PARKING, REVISED TO NO PARKING - East side of Lawndale - 70' South of LWW. (State installed traffic actuated loops). 3. REMOVAL OF 2-HOUR PARKING 6A - 6P, REVISED TO NO PARKING - West side of Lawndale, from LWW, north to first drive, 83'. (State installed traffic actuated loops). 4. NEW INSTALLATION, NO PARKING - East of Marine, L.W.E. South to railroad. (Requested by Dr. Anna L. Kempf D.O.). It was noted that the traffic control device in regard to the new installation of a handicap tow away zone at 502 North Walnut, is in response to a request submitted to the Board on May 12, 1987 by Mr. John Paradic, 502 North Walnut Street. APPROVE CONTRACTORS BOND Mr. Melvin Humphrey, Engineering Department, recommended that the Contractors Bonds for Lookin Good Construction and S & S Store Design, Inc. be approved retroactive to December 4, 1987. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the above Contractors Bonds were approved. FILING OF CERTIFICATE OF INSURANCE Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the Certificate of Insurance for McCormick & Company, Inc., 11350 McCormick Road, Hunt Valley, MD, was accepted and filed. 1 1 1 REGULAR MEETING DECEMBER 8, 1987 FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORT A report from the Department of Code Enforcement indicating a total of twenty-eight (28) properties cleaned from November 30, 1987 to December 4, 1987, was submitted. Upon a motion made by Mrs. DeClercq, seconded by Mr. Vance and carried, the report as submitted was filed. APPROVE CLAIMS Chief Deputy Controller John Leisenring, submitted Claim Docket No. 15352 through Claim Docket No. 15543 and recommended approval. Upon a motion made by Mr. Vance, seconded by Mrs. DeClercq and carried, the claims were approved and the report 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 10:00 a.m. ATTES" Sandra M. Parmerlee, Clerk A'- ".0' , J hn E. .Leszc ki Patricia E. OeCler-a Fl Ci aT V 7.' Ga