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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. f] 1 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. I 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' 44� Patricia E. DeClercq Michael L. Mance 1 F�