Loading...
HomeMy WebLinkAbout08/26/86 Board of Public Works Minutes�J REGULAR MEETING AUGUST 26, 1986 The regular meeting of the Board of Public Works was convened at 9:40 a.m. on Tuesday, August 26, 1986, by President John E. Leszczynski, with Mr. Leszczynski and Mr. Michael L. Vance°"` present. Board member Katherine G. Barnard was not in attendance. Also present was Chief Deputy City Attorney Thomas Bodnar. AGENDA ITEMS ADDED Upon a motion made by Mr. Vance, seconded by Mr. Leszczynski and carried, the following items were added to the agenda: 1. Resolution No. 20-1986 - Joint Resolution of the Board of Public Works and the Board of Park Commissioners 2. Change Order No. 1 - Dugdale Sewer Project APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Vance, seconded by Mr. Leszczynski, and carried, the minutes of the August 19, 1986, regular meeting of the Board were approved. PUBLIC HEARING AND FAVORABLE RECOMMENDATION - VACATION OF CERTAIN ALLEYS AND RIGHTS -OF -WAY IN BULLA'S ADDITION TO THE TOWN OF LOWELL, NOW A PART OF THE CITY OF SOUTH BEND Mr. Leszczynski advised that this was the date set for the Board's Public Hearing on a proposed vacation of the following alleys and rights -of -way: The one-half east -west alley bounded on the west by Hill Street and on the east by the north -south alley in Bulla's Addition to the Town of Lowell, now a part of the City of South Bend, Indiana. Tne north -south alley bounded on the north by South Bend Avenue and on the south by Cedar Street in Bulla's Addition to the Town of Lowell, now a part of the City of South Bend, Indiana. The public right-of-way beginning at the southwest corner of Lot 5 of Bulla's Addition to the Town of Lowell, now a part of the City of South Bend, Indiana: Thence North along the West line of said Lot 5 a distance of twenty (20) feet; Thence East six (6) feet; Thence South and parallel to the West line of said Lot 5 a distance of fifty-four (54) feet more or less across a vacated alley and to a point twenty (20) feet South and six (6) feet East of the Northwest corner of Lot 4 of said Bulla's Addition; Thence West six (6) feet to the West line of said Lot 4; Thence North twenty (20) feet to the Northwest corner of said Lot 4; Thence North fourteen (14) feet more or less across a vacated alley to the point of beginning, describing a rectangular parcel six (6) feet East and West by fifty-four (54) feet North and South in Portage Township, 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 Attorneys John B. Ford and Thomas F. Lewis, Jr., Jones, Obenchain, Ford, Pankow & Lewis, 1800 Valley American Bank Building, P.O. Box 4577, South Bend, Indiana, on behalf of the Petitioner, Saint Joseph's Medical Center, Inc. REGULAR MEETING AUGUST 26, 1986 It was further noted that submitted with the Petition was a Ratification of Vacation Petition signed by the following individuals: 1. Mary R. Dainelli 604 South Bend Avenue 2. Renelda Robinson 610 South Bend Avenue 3. Marguerite Sappington 518 North Hill Street 4. Victor Karczewski 317 West Marion Street Additionally, pursuant to South Bend Municipal Code Section 18-53.8, owners whose property abut the proposed alleys and rights -of -way to be vacated were notified of the Board's Public Hearing date. Mr. John B. Ford, Attorney for the Petitioner, was present and addressed the Board. Mr. Ford stated that approximately three (3) years ago, St. Joseph Medical Center was successful in vacating one-half of the east/west alley in the same block as is requested at this time. At that time, a six foot (6') by twenty foot (201) right-of-way was dedicated to the City providing for a safe turnaround. He stated that about one (1) month ago, Councilman Ann Puzzello advised him that some of the residents would like to have the rest of the alley vacated to cut down on traffic and in order for them to utilize the alley for themselves. He further advised that the Medical Center has no interest or plans in regards to this vacation but as a favor to the residents have submitted the Vacation Petition. He stated that some of the neighbors have joined in the Petition by signing a Ratification of Vacation Petition. Therefore, he asked that the Board favorably recommend the vacation of the the above referred to property including the six foot (6') by twenty foot (20') right-of-way of the Medical Center's property which was previously dedicated to the City. Mr. Ford advised the Board that he is not aware of anyone opposing the vacation. As a point of clarification for the news media, Mr. Ford advised that the property to be vacated is bounded on the north by South Bend Avenue, on the east by St. Lewis, on the south by Cedar and on the west by Hill Street. Mrs. Mary Dainelli, 604 South Bend Avenue, South Bend, Indiana, was present and addressed the Board. She stated that she and Mrs. Sappington, 518 North Hill Street, would like to have the vacation approved to alleviate the nuisance to the entire neighborhood. She stated that customers of Kevin's Lounge, 525 North Hill Street, race up and down the alley and cause unsanitary and loud conditions until 4:00 a.m. She further advised that she has met with Ms. Renelda Robinson of the Northeast Center regarding these problems. Ms. Marguerite Sappington, 518 North Hill Street, South Bend, Indiana, addressed the Board and stated that both she and Mrs. Dainelli are in the same predicament. The problems mentioned above are causing deterioration of the neighborhood and there is a continuing problem with noise and trash. 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 Mr. Vance and carried, the Public Hearing on this matter was closed. Further, 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 vacation subject to any and all utility easements. Z J 1 REGULAR MEETING AUGUST 26, 1986 OPENING AND AWARD OF BIDS - SALE OF ABANDONED VEHICLES This was the date set for the receiving and opening of sealed bids for the sale of approximately twenty (20) 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 $ 5.75 Vehicles No. 11 $ 5.75 2 5.75 12 10.75 3 10.75 13 5.75 4 10.75 14 5.75 5 15.75 15 5.75 6 15.75 16 5.75 7 5.75 17 35.95 8 5.75 18 10.75 9 5.75 19 5.75 10 5.75 20 5.75 Mr. Howard W. Rubin Rubin's Auto Parts, Inc. 23921 Western Avenue South Bend, Indiana Vehicles No. 11 $36.36 12 36.36 Mr. Charles E. Teske 54830 Pear Road South Bend, Indiana Vehicles No. 9 $13.00 12 51.00 15 63.60 18 12.00 19 53.90 Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the following bids were awarded: Steve & Gene's - Vehicles No. 1 $ 5.75 2 5.75 3 10.75 4 10.75 5 15.75 6 15.75 7 5.75 8 5.75 10 5.75 13 5.75 14 5.75 16 5.75 17 35.95 20 5.75 TOTAL: $140.70 Rubin's Auto Parts - Vehicle No. 11 $36.36 Charles E. Teske - Vehicles No. 9 $13.00 12 51.00 15 63.60 18 12.00 19 53.90 TOTAL: $193.50 GRAND TOTAL: $370.56 REGULAR MEETING AUGUST 26, 1986 PUBLIC HEARING DATE SET - HERITAGE CABLEVISION REQUEST FOR BASIC SERVICE RATE INCREASE Mr. Leszczynski advised that pursuant to the filing of Heritage Cablevision's Proposal requesting a $1.50 increase in the basic service rate to be effective September 1, 1986, a Public Hearing date has been set for 9:30 a.m. September 9, 1986. It was noted that Heritage Cablevision submitted their Proposal and request for basic rate increase to the Board on July 29, 1986. Therefore, upon a motion made by Mr. Vance, seconded by Mr. Leszczynski and carried, the Public Hearing date was approved and set. Common Council President Beverlie Beck was present and addressed the Board. Ms. Beck stated that Councilman John Voorde's statement from the Common Council asking the Board of Public Works not to grant Heritage Cablevision's request for an increase was done and taken without pertinent information and is not a blanket endorsement from the Council. She stated that this matter is not a Common Council matter but does respect Mr. Voorde's right to collect signatures in opposition. Ms. Beck stated that she and Councilman Robert Taylor have discussed this matter and wanted the Board to know that the statement and signatures submitted are not a blanket endorsement by the Common Council. She stated that she does see the need for the proposed increase and since this is part of Heritage's proposal to change all the boxes and add the new services, it would be very irresponsible of the City to stop them at this point. She further stated that the Franchise Agreement does call for improvements to be made and she further stated that Councilman Taylor has indicated that he is in favor of competition in the area of cablevision services. Ms. Beck noted that with the Board's approval of the rates at this time, it guarantees that the rates will not increase again until September. She stated that it is her opinion that Heritage has acted responsibly and is trying hard to satisfy customers. Further, individuals are blaming the Common Council for problems when it is up to the Board of Public Works and not the Common Council to accept the rate increase as submitted. It was noted that the Board of Public Works is in receipt of a letter signed by Councilmen Joseph T. Serge, Ann B. Puzzello, Thomas Zakrzewski, James V. Barcome, Al Paszek and John Voorde stating that they wish to formally go on record as being opposed to the proposed rate increase requested by Heritage Cablevision. They stated that they believe that this issue is important to the citizens of our community and therefore urged the Board to deny the request. ADOPT RESOLUTION NO. 19-1986 - DISPOSAL OF OBSOLETE VEHICLE (POLICE DEPARTMENT) In a letter to the Board, Police Chief Charles T. Hurley advised that Mechanical #709, a 1954 Jeep, has been plagued with mechanical problems, replacement parts are unavailable and the vehicle is becoming too costly to maintain. He further advised that this vehicle has not been driven for two (2) years. He, therefore, requested permission to declare this vehicle obsolete, have it removed from the City vehicle inventory and sold at the public auction to be held on September 6, 1986. Therefore, upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the following Resolution No. 19-1986 was adopted: RESOLUTION NO. 19-1986 WHEREAS, it has been determined by the Board of Public Works that the following Police Department vehicle is no longer suitable for the purpose for which it was intended and no longer needed by the City of South Bend: f] 1 REGULAR MEETING AUGUST 26, 1986 1954 Willis Jeep Vehicle #709 Serial #74558 WHEREAS, Indiana Code 36-1-11-6 permits and establishes procedure for disposal of personal property which is unfit for the purpose for which it was intended which is no longer needed by the City. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that the vehicle listed above is not fit for the purpose for which it was intended and is of minimal value. BE IT FURTHER RESOLVED that said vehicle be disposed of and removed from the City Vehicle Inventory. ADOPTED this 26th day of August, 1986. BOARD OF PUBLIC WORKS s/John E. Leszczynski s/Michael L. Vance ATTEST: s/Sandra M. Parmerlee, Clerk ADOPT RESOLUTION NO. 20-1986 - A JOINT RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND AND THE BOARD OF PARK COMMISSIONERS OF THE PARK DISTRICT OF THE CITY OF SOUTH BEND Mr. Leszczynski advised that submitted to the Board at this time was the above referred to Resolution conveying parcels of property to the Board of Park Commissioners in conjunction with the Stanley Coveleski Regional baseball stadium project. Therefore, upon a motion made by Mr. Vance, seconded by Mr. Leszczynski and carried, the following Resolution No. 20-1986 was adopted: A JOINT RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND AND THE BOARD OF PARK COMMISSIONERS OF THE PARK DISTRICT OF THE CITY OF SOUTH BEND RESOLUTION NO. 20-1986 OF THE BOARD OF PUBLIC WORKS WHEREAS, the Board of Public Works of the City of South Bend (Public Works) owns in fee simple certain parcels of land within the City of South Bend, more fully described in Attachment A attached to and made a part of this resolution (Property); WHEREAS, the Board of Park Commissioners of the Park District of the City of South Bend (Park Board) on November 29, 1985, adopted a resolution entitled "A Resolution of the Board of Park Commissioners of the Park District of the City of South Bend Declaring Its Intent to Acquire By Lease/Purchase a Stadium Facility, to Acquire Other Property and to Construct Improvements Thereon", in which it declared its determination to acquire certain property (Park Resolution), and to make certain improvements and works of construction within the Park District of the city of South Bend (Park District), for the purpose of establishing a new park to be owned and operated by the Park District, to add the park to the plan of the Park District, and to name the park the Stanley Coveleski Regional Stadium Park (Park); and A4 1. REGULAR MEETING AUGUST 26, 1986 WHEREAS, by a resolution adopted Park Board ratified and confirmed in Resolution. December 9, 1985, the all respects the Park WHEREAS, the Property is within the area within which the Park Board will develop the Park; NOW, THEREFORE, BE IT RESOLVED BY the board of Public Works of the City of South Bend and the Board of Park Commissioners of the Park District of the City of South Bend, as follows: 1. The paragraphs above are incorporated into and made a part of this resolution. 2. Public Works agrees to sell to the Park Board for $1.00 and other good and valuable consideration and the Park Board agrees to accept the Property described in Attachment A. 3. The President of Public Works shall have authority to execute the deeds for the Property and any other documents needed to carry out fully the intent of this resolution. 4. The President of the Park Board shall have the authority to accept the deeds for the Property and to execute any other documents needs to carry out fully the intent of this resolution. 5. This document shall be executed in two counterparts and each counterpart shall serve as an original document for all purposes. ADOPTED this 26th day of August, 1986 at a regular meeting of the Board of Public Works of the City of South Bend. BOARD OF PUBLIC WORKS s/John E. Leszczynski s/Michael L. Vance ATTEST: s/Sandra M. Parmerlee, Clerk EXHIBIT A Lots Numbered Thirty-two (32) through Thirty-nine (39), inclusive, as shown on the recorded Plat of William S. Vail's Addition to the City of South Bend, together with the vacated alley lying between said Lots Numbered Thirty-five (35) and Thirty-six (36). All of Lot Numbered Seventy-two (72) and the South one-half of Lot Numbered Seventy-one (71) a shown on the recorded Plat of Samuel Martin's Addition to the City of South Bend, together with the vacated alley lying West and adjacent thereto. Vacated Franklin Street lying between Monroe Street and South Street in the City of South Bend. APPROVE REQUEST TO ADVERTISE FOR RECEIPT OF BIDS: - L.W.W. CURB IMPROVEMENTS PHASE II PROJECT HOWARD STREET CURB IMPROVEMENTS PROJECT Mr. Neil Shanahan, Manager, Bureau of Public Construction, requested that the Board advertise for the receipt of bids for the L.W.W. Curb Improvements Phase II Project which entails the renewal and replacement of curbs on Lincolnway West, west of LaSalle Street and for the Howard Street Curb Improvements REGULAR MEETING AUGUST 26, 1986 1 1 Project which entails the west of Eddy Street. Mr. Development funds will be motion made by Mr. Vance, carried, the above request VE CHANGE ORDER n ECT replacement of curb on Howard Street Leszczynski advised that Community utilized for these projects. Upon a seconded by Mr. Leszczynski and was approved. FINAL) - MICHIGAN STREET Mr. Leszczynski advised that Ziolkowski Construction, Inc., 1005 South Lafayette, P.O. Box 1106, South Bend, Indiana, has submitted Change Order No. 2 (Final) indicating that the contract amount be increased by $28,679.38 for a new contract sum including this Change Order in the amount of $927,294.88. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, Change Order No. 2 (Final) was approved. APPROVE CHANGE ORDER NO. 1 - DUGDALE SEWER PROJECT Mr. Leszczynski advised that Woodruff & Sons, Inc., P.O. Box 450, Michigan City, Indiana, has submitted Change Order No. 1 for the above referred to project indicating that the contract amount be increased by $11,344.00 for a new Contract sum including this Change Order, in the amount of $737,319.60. Upon a motion made by Mr. Vance, seconded by Mr'Leszczynski and carried, Change Order No. 1 as submitted was approved. APPROVE REQUEST TO CONDUCT BICYCLE AND UNCLAIMED PROPERTY AUCTION In a letter to the Board, Rolice Chief Charles T. Hurley and Services Division Chief Ronald Marciniak `requested permission to dispose of unclaimed bicycles and other unclaimed property at a public auction to be held on Saturday, September 20, 1986 beginning at 8:30 a.m. It was noted that this is the first auction of the year and will be held rain or shine. Therefore, upon a motion made by Mr. Vance, seconded by Mr. Leszczynski and carried, the request was approved. UEST OF A.B.A.T.E., OF INDIANA, INC. FOR TRAFFIC CONTROL ASSISTANCE - AUGUST 31, 1986 In a letter to the Board, Mr. Sam Hensley, Region 1., Director, A.B.A.T.E. of Indiana, Inc., P.O. Box 81, Granger, Indiana 46530, requested traffic control assistance thru South Bend on August 31, 1986, from 12:15 to 12:45 p.m. for approximately four hundred (400) motorcycles participating in the annual M.D.A. Ride. Mr. Hensley advised that last year A.B.A.T.E. donated $9,020.00 to M.D.A. and is the largest non-profit organization to give M.D.A. that amount of money. Mr. Leszczynski advised that the Bureau of Traffic and Lighting and the Police Department Traffic Division have reviewed this request and recommend approval. The Police Department advised that they will assist the group by controlling the traffic signals on Michigan and Main Streets and by working the signalized intersections it will help make a safe and quicker route through the City. They advised that each intersection will be manually controlled for approximately five (5) minutes and they will use as many Civil Defense and Weather Watch volunteers as possible. Therefore, upon a motion made by Mr. Vance, seconded by Mr. Leszczynski and carried, the recommendation was accepted and the request approved. APPROVE REQUEST TO CONDUCT A WALK AND HANDS AGAINST MORAL AND NEIGHBORHOOD DETERIORATION AND CLOSING OF STREET FOR RALLY - SEPTEMBER 1, 1986 In a letter to the Board, Mr. Imam Clarence Abdul Nabaa, Great News Al -Islamic Center/Hansel Neighborhood Center, 1045 West Washington Boulevard, South Bend, Indiana, requested permission to conduct A Walk and Hands Against Moral and Neighborhood Deterioration consisting of a march and rally beginning at 10:00 a.m., September 1, 1986. �6 REGULAR MEETING AUGUST 26, 1986 Mr. Nabaa advised that the march will begin in the Hansel Center parking lot, proceed west to Maple; south on Maple to Napier; east on Napier to Chapin; north on Chapin to Washington; west on Washington to Walnut where a rally will be held. Joining hands will be extended from Walnut to Studebaker. Mr. Nabaa additionally advised that the route will be on the sidewalk, all traffic signals will be obeyed and the march will be continuous until completed. It is also requested that the intersection of Washington and Walnut Streets be blocked off and Washington Street from Maple to Studebaker be prohibited from motor vehicle traffic until after the rally. This event will take place from 9:30 a.m. until 12:30 P.M. with approximately one hundred (100) individuals participating. Mr. Leszczynski advised that the Bureau of Traffic and Lighting and the Police Department Traffic Division have reviewed this request and recommend approval. Therefore, upon a motion made by Mr. Vance, seconded by Mr. Leszczynski and carried, the recommendation was accepted and the request approved. APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mr. Vance, seconded by Mr. Leszczynski and carried, the following nine (9) traffic control devices were approved: I. REMOVAL OF 15 MINUTE PARKING 6A-6P, REVISED TO 15 MINUTE PARKING LOADING ZONE - 100 E. Washington, north side 1st space east of Michigan. (1st Source Bank). 2. NEW INSTALLATION, STOP SIGN - On Whitcomb at Chippewa. (Uncontrolled "T") 3. NEW INSTALLATION, STOP SIGN - On St. Joseph at Chippewa. (Uncontrolled "T"). 4. REMOVAL OF SNOW ROUTE - Donmoyer, Fellows to Miami, on the South side. (No parking was installed). 5. NEW INSTALLATION, STOP SIGN - On Euclid at LaPorte. (Uncontrolled "T"). 6. REMOVAL OF 2-HOUR PARKING 6A-6P, REVISED TO 30 MINUTE PARKING 6A-6P - 1320 S. Michigan, extension of Time Limit. (Rose's Hatchery, 1326 S. Michigan). 7. NEW INSTALLATION, STOP SIGN - On Oak at LaPorte. (Uncontrolled "T") 8. REMOVAL OF NO TURN ON RED EXCEPT WHEN FLASHING - Washington & Olive (3 approaches) Westbound to North, Eastbound to South, Northbound to East. 9. NEW INSTALLATION, STOP SIGN - On Parkwood at Bellewood. (Uncontrolled "T"). APPROVE LICENSE APPLICATION - RUBBISH AND GARBAGE Mr. Leszczynski advised that the following one (1) Rubbish and Garbage license application has been received: 1. Milton J. Lax 750 N. Olive South Bend, Indiana 1 1 1 REGULAR MEETING AUGUST 26, 1986 7 1 1 1 It was noted that an inspection of the truck to be used has been conducted by the Solid Waste Bureau and the applicant was found to be in compliance. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the above license application was approved and referred to the Deputy Controller's office for issuance of a license. AND/OR Mr. Melvi following released: :TORS AND EXCAVATION BONDS Humphrey, Engineering Department, recommended that the Contractors and Excavation Bonds be approved and/or CONTRACTORS BONDS Panzica Construction, Sollitt Construction Thomas G. Podell - DuJardin Enterprises, Inc. Co., Inc. Inc. EXCAVATION BOND - Sollitt Construction Co., Inc. Released effective 10/19/86 Released effective 9/6/86 Released effective 9/1/86 Approved retroactive to 8/25/86 Released effective 9/6/86 Upon a motion made by Mr. Vance, seconded by Mr. Leszczynski and carried, the above referred to bonds were approved and/or released. FILING OF CERTIFICATES OF INSURANCE Upon a motion made by Mr. Vance, seconded by Mr. Leszczynski and carried, the following Certificates of Insurance were accepted and filed: Ritschard Bros., Inc. 1204 West Sample Street South Bend, Indiana - Slatile Roofing & Sheet Metal Company, Inc. 1703 South Ironwood South Bend, Indiana FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORT A report from the Department of Code Enforcement indicating a total of two -hundred twenty-one (221) properties cleaned from August 18, 1986 to August 22, 1986, was submitted. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the report as submitted was filed. APPROVE CLAIMS Mr. John W. Ferguson, Executive Director, St. Joseph County Job Training Program submitted two (2) lists containing one hundred thirty-nine (139) claims and recommended approval. Additionally, Deputy City Controller Carol M. Sanders submitted Claim Docket No. 018857 through Claim Docket No. 019491 and recommended approval. Upon a motion made by Mr. Vance, seconded by Mr. Leszczynski and carried, the claims were approved and the reports as submitted were filed. REGULAR MEETING ADJOURNMENT There being no further business motion made by Mr. Leszczynski, carried, the meeting adjourned ATTEST: Jev�'4� ut�J' Az��Zznu-'� Sandra M. Parmerlee, Clerk AUGUST 26, 1986 to come before the Board, upon a seconded by Mr. Vance and at 10:04 a.m. 4 CqWohn E. Leszczy s i 41 e-Y� ILL Michael L.4Vance 1 1