HomeMy WebLinkAbout12/15/87 Board of Public Works MinutesCt)lo
REGULAR MEETING
DECEMBER 15, 1987
The regular meeting of the Board of
9:31 a.m. on Tuesday, December 15,
Leszczynski, with Mr. Leszczynski,
and Mr. Michael L. Vance present.
City Attorney Thomas Bodnar.
Public Works was convened at
1987, by President John E.
Mrs. Patricia E. DeClercq
Also present was Chief Deputy
AGENDA ITEM ADDED
Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and
carried, an amended Irrevocable Letter of Credit for Cross Creek,
Inc. was added to the agenda.
APPROVE MINUTES OF PREVIOUS MEETING
Upon a motion made by Mrs. DeClercq, seconded by Mr. Vance, and
carried, the minutes of the December 8, 1987, regular meeting of
the Board were approved.
PUBLIC HEARING AND WITHDRAWAL OF PETITION - ALLEY VACATION: 1ST
E/W ALLEY S. OF VINE ST. RUNNING FROM 31ST ST. W. TO THE
INTERSECTING N/S 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 east/west alley south of Vine, running
from Thirty -First Street west to the intersecting
north/south alley, for a total distance of 165'
more or less all being a part of Eggleston's 1st
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 Ms. Beverlie J. Beck,
1630 East Randolph, South Bend, Indiana, as Contact Person for
the Petitioners, Mark and Beverly Banfy, 1101 South 31st Street
and Faye Scherer, 1023 South 31st Street. 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 as
well as property owners within three hundred (300) feet of the
alley to be vacated were notified of the Board's Public Hearing
date.
Mr. Arthur Weller, 1013 S. 31st Street, South Bend, Indiana, was
present and advised the Board that he is opposed to the vacation
of this alley as it would cause a hardship for him.
Mr. Walter A. Hill, 1107 S. 31st Street, South Bend, Indiana, was
also present and advised the Board that the Hawn's, 1102 S. 30th
Street, South Bend, Indiana, will be using the south end of the
alley to travel back and forth like they do now and they should
use their own alley.
Mr. Weller questioned the accuracy of the map submitted with the
Petition and indicated that on the north one-half of the block
there are six (6) houses but only four (4) lots indicated. After
discussion regarding this matter, Mr. Leszczynski assured Mr.
Weller that the map submitted with the Petition was accurate.
Mrs. Joan Weller, 1013 S. 31st Street, South Bend, Indiana,
inquired of the Board the purpose of this proposed vacation. Mr.
Leszczynski read from the ordinance submitted with the Petition
and advised Mrs. Weller that the purpose was to stop the flow of
traffic as cars utilizing the alley currently encroach on
adjoining property and the alley is used as a cut -through. Mr.
Leszczynski further advised Mrs. Weller that the other side of
the alley has been closed pursuant to a vacation petition
approved by the Common Council on November 9, 1987.
REGULAR MEETING
DECEMBER 15, 1987
367
Mrs. Faye W. Scherer, 1023 S. 31st Street, South Bend, Indiana,
addressed the Board and stated that she had not thought this
matter through before signing the Vacation Petition and now
believes that the vacation should not be done. She therefore
asked that her name be withdrawn from the Petition.
Mark and Beverly Banfy, 1101 S. 31st Street, South Bend, Indiana,
the remaining Petitioners, were also present at the Public
Hearing today and stated that they too would also like their
names withdrawn from the vacation petition. Mr. Banfy stated
that it was his understanding that utility companies needed
access to their poles and since the west one-half of the alley is
closed, a six foot (6') fifty-four inch (54") wide turnaround was
needed. He asked why they couldn't use the north/south alley.
Mr. Leszczynski advised Mr. Banfy that the City cannot control
who uses public right-of-way and further confirmed that the other
side of the alley was vacated subject to the dedication of
right-of-way as a condition of the vacation in order that
vehicles would be able to make the turn.
Mrs. Joan Weller advised the Board that the north/south alley is
in terrible condition and wondered what the possibility was of
getting the condition of the alley improved. Mr. Leszczynski
advised that the complaint will be turned in.
Mr. Walter Hill advised that he utilizes his two (2) car garage
which is also on that alley.
Mr. Banfy indicated that he was told that the whole alley had to
be vacated. Mr. Leszczynski clarified that the Petitioner who
requested that the other one-half of the alley be closed was
informed that a condition of the vacation was that he must
provide a turn -around.
In response to a question from Mr. Weller regarding who will pay
taxes on the alley once it is vacated, Mr. Leszczynski advised
that the property reverts to the property owners on each side and
they will pay the additional tax on the property.
At this point, Mr. Leszczynski advised Ms. Scherer and Mr. and
Mrs. Banfy that they should advise the Common Council that they
desire to withdraw their Vacation Petition at this time.
Mr. Hill further advised the Board that there are two (2) posts
on the west side in the alley near the Hawn's. Mr. Leszczynski
speculated that the posts are probably there because motorists
have been driving on their property.
After a brief discussion between Mrs. Banfy and Mr. Hill
regarding the condition of the alley and why one-half was in
better condition than the other, and Mr. Leszczynski's
explanation that the City does try to give all alleys equal
treatment, Mr. Leszczynski made a motion that the Public Hearing
regarding this matter be closed. Mr. Vance seconded the motion
and it carried.
Mrs. DeClercq made a further motion that the Clerk be instructed
to notify the Common Council that the Petitioners have advised
that they desire to withdraw their Vacation Petition at this
time. Mr. Leszczynski seconded the motion and it carried.
AND THREE (3) POLICE SUBSTATIONS
This was the date set for receiving
for the above referred to services.
publication of Notice in the South
Tri-County News which were found to
DEPARTMENT
and opening of sealed bids
The Clerk tendered proofs of
Bend Tribune and the
be sufficient.
REGULAR MEETING
DECEMBER 15, 1987
Board Attorney Thomas Bodnar advised that the bid submitted by
Absolute Pest and Termite Control, Inc., 2228 Lincolnway West,
South Bend, Indiana, did not contain adequate bid security and
was therefore a defective bid. Upon a motion made by Mr. Vance,
seconded by Mrs. DeClercq and carried, the bid of Absolute Pest
and Termite Control, Inc. was rejected for insufficient bid
security.
The following bids were opened and publicly read:
ROSE EXTERMINATOR COMPANY
614 West Calvert Street
South Bend, Indiana 46613
Bid was signed by C.S. Hansen, Branch Manager and Mark D.
Klein, Sales Representative, Non -Collusion Affidavit was in
order and a Certified Check in the amount of $75.00 was
submitted.
BID: $62.00 per month/$744.00 per year for pest control
services at 701 W. Sample, 1716 S. Michigan, 220 N.
Olive and 126 N. Niles.
TERMINIX INTERNATIONAL
1601 Maplewood Avenue
South Bend, Indiana
Bid was signed by Thomas Babitt, Branch Manager,
Non -Collusion Affidavit was in order and a Certified Check
in the amount of $120.00 was submitted.
BID: $100.00 per month/$1,200.00 per year for pest control
services at main police station and three (3) sub-
stations.
ARROW SERVICES, INC.
1815 North Michigan Street
P.O. Box 515
Plymouth, Indiana
Bid was signed by Don E. Green, II, President and Jayne
A. Green, Secretary, Non -Collusion Affidavit was in order and
a Treasurer's Check in the amount of $100.00 was submitted.
BID: $1,000.00/year for pest control services at 701 W.
Sample, 1716 S. Michigan St., 220 N. Olive Street
and 126 N. Niles Avenue.
Upon a motion made by Mr. Vance, seconded by Mrs. DeClercq and
carried, the above bids were referred to the Police Department
for review and recommendation.
APPROVE TEMPORARY EASEMENT - SOUTH BEND SASH AND DOOR
Mr. Leszczynski advised that pursuant to the request submitted to
the Board on November 24, 1987, by KLF, Inc., on behalf of South
Bend Sash and Door, located at 2301 South Main Street to install
an aerial cable across Ewing Avenue in order to provide telephone
service between two (2) properties owned by South Bend Sash and
Door, the appropriate Temporary Easement has been prepared by the
City Attorney's office and submitted to the Board for considera-
tion. It was noted that the Easement provides for the placement
of telephone wires 18' or more over Ewing Avenue, between
existing utility poles in the vicinity of the alley intersecting
the 100 block of East Ewing Avenue. Therefore, upon a motion
made by Mr. Vance, seconded by Mrs. DeClercq and carried, a
Temporary Easement until December 1, 1989 was approved subject to
review and inspection of the installation by the Engineering
Department.
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REGULAR MEETING
DECEMBER 15, 1987
FILING OF APPLICATIONS FOR BIDDER QUALIFICATION AND CERTIFICATION
Mr. Leszczynski advised that the following individuals have
submitted applications for bidder qualification and certification
at this time:
APPLICATION FOR BIDDER QUALIFICATION
- St. Joe Distributing Company, Ill West Indiana Avenue,
P.O. Box 2859, South Bend, Indiana/The Ridge Company,
1535 South Main Street, P.O. Box 2859, South Bend,
Indiana.
APPLICATION FOR BIDDER QUALIFICATION & CERTIFICATION
- Townsend Construction
1334 South Bend Avenue
South Bend, Indiana
Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and
carried, the above applications were accepted for filing and
referred to the appropriate City departments for review and
recommendation.
APPROVE AMENDED IRREVOCABLE LETTER OF CREDIT- CROSS CREEK, INC.
Mr. Leszczynski advised that St. Joseph Bank and Trust Company,
P.O. Box 6, South Bend, Indiana, has again submitted an amended
Irrevocable Letter of Credit No. S-8658 in the amount of
$175,851.00 for the account of Cross Creek, Inc., 828 East
Jefferson Boulevard, South Bend, Indiana, indicating that the new
expiration date shall be December 24, 1987 instead of December
11, 1987. Mr. Leszczynski advised that work had not been
completed as of the prior expiration date and therefore the
extension was required. Upon a motion made by Mr. Leszczynski,
seconded by Mr. Vance and carried, the amended Letter of Credit
as submitted was accepted and approved.
APPROVE TRAFFIC CONTROL DEVICE
Upon a motion made by Mr. Vance, seconded by Mrs. DeClercq and
carried, the following one (1) traffic control device was
approved:
1. NEW INSTALLATION, HANDICAP TOW -AWAY ZONE -
1124 W. Grace (Mr. Stanley Krol had a total
knee replacement. Mrs. Krol had hip surgery).
It was noted that the installation of this handicap tow -way zone
sign is pursuant to the request submitted to the Board on October
27, 1987, by Ms. Sylvia Krol, 1124 W. Grace Street, South Bend,
Indiana, on behalf of her parents.
RELEASE EXCAVATION BOND
Mr. Melvin Humphrey, Engineering Department, recommended that the
Excavation Bond for Donald D. White be released effective January
1, 1988. Upon a motion made by Mr. Vance, seconded by Mrs.
DeClercq and carried, the above referred to Excavation Bond was
released.
FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORT
A report from the Department of Code Enforcement indicating a
total of nineteen (19) properties cleaned from December 7, 1987
to December 11, 1987, was submitted. Upon a motion made by Mr.
Leszczynski, seconded by Mrs. DeClercq and carried, the report as
submitted was filed.
APPROVE CLAIMS
Mr. Emery Chrobot, Acting Director, St. Joseph County Job
Training Program, submitted a list containing forty-six (46)
claims and recommended approval. Upon a motion made by Mr.
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REGULAR MEETING
DECEMBER 15, 1987
Vance, seconded by Mrs. DeClercq and carried, the claims as
submitted were approved.
Additionally, Chief Deputy Controller John Leisenring, submitted
Claim Docket No. 17347 through Claim Docket No. 17993 and
recommended approval. Upon a motion made by Mr. Vance,_seconded
by Mrs. DeClercq and carried, the claims were approved and the
report filed.
PRIVILEGE OF THE FLOOR:
INQUIRY REGARDING SKATEBOARD REPORT
South Bend Tribune Reporter James Wensits inquired of Mrs.
Patricia DeClercq, Director, Department of Code Enforcement, if a
report regarding skateboards would be"forthcoming. Mrs. DeClercq
advised that additional meetings have been held to discuss ways
to approach the skateboard issue and that he can expect that a
report will be submitted to the Board.
INQUIRY REGARDING ALLEY RESURFACING PROGRAM REPORT
South Bend Tribune Reporter James Wensits inquired of Mr. John
Leszczynski, Director, Department of Public Works, whether a
report would be prepared in regard to this year's alley re-
surfacing program which would indicate how many blocks of alleys
were covered in the program. Mr. Leszczynski responded that it
would be a good idea to compile such a report.
ADJOURNEMENT
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 9:56 a.m.
ATTE T:
Sandra M. Parmerlee, Clerk
.
* ZLAM,,,,� (ohn E. Leszcz n k'
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Patricia E. DeClercq
Michael L. Mance
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