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HomeMy WebLinkAbout09/30/86 Board of Public Works MinutesREGULAR MEETING SEPTEMBER 30, 1986 The regular meeting of the Board of Public Works was convened at 9:37 a.m. on Tuesday, September 30, 1986, by President John E. Leszczynski, with Mr. Leszczynski, Ms. Katherine G. Barnard and Mr. Michael L. Vance present. Also present was Chief Deputy City Attorney Thomas Bodnar. AGENDA ITEM ADDED Upon a motion made by Ms. Barnard, seconded by Mr. Vance and carried, Traffic Control Devices were added to the agenda. APPROVE MINUTES OF PREVIOUS MEETINGS Upon a motion made by Ms. Barnard, seconded by Mr. Leszczynski and carried, the minutes of the September 16, 1986, regular meeting of the Board were approved. Additionally, upon a motion made by Ms. Barnard, seconded by Mr. Vance and carried, the minutes of the September 23, 1986, regular meeting of the Board were approved. PUBLIC HEARING AND FAVORABLE RECOMMENDATION - STREET VACATION: CHALET COURT, COMMENCING AT THE EASTERLY RIGHT-OF-WAY LINE OF COTSWOLD LANE AS EXTENDED NORTH AND SOUTH, RUNNING EAST TO ITS MVDMTVATTnV /ADDDnVTMAMVTV On L`VVMN Mr. Leszczynski advised that this was the date set for the Board's Public Hearing regarding the vacation of the following described property: The street described as Chalet Court, commencing at the easterly right-of-way line of Cotswold Lane, as extended north and south, running east to its termination, for a distance of approximately 80 feet, more or less, as depicted in the original plat of Southeast Estates, Section 3, recorded as instrument number 7704084, on August 10, 1977, in the office of the recorder of St. Joseph County. 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 Jankowski, Portage Realty Corporation, 129 Dixie Way South, South Bend, Indiana, and John H. Peddycord, Esq., May, Oberfell, Helling & Lorber, 224 W. Jefferson Boulevard, South Bend, Indiana, attorneys for South Bend, Indiana, North Unit of Jehovah's Witnesses. Mr. John H. Peddycord, May, Oberfell, Helling & Lorber, 224 West Jefferson Boulevard, South Bend, Indiana, was present on behalf of his client the South Bend, Indiana North Unit of Jehovah's Witnesses and stated that they are entering into a contract to purchase Lot Nos. 84 and 91 in Southeast Estates Section 3 as well as the adjacent 1.96 acres east of Lots 84 and 91 and intend to construct a new Kingdom Hall for the Jehovah's Witnesses. Mr. Peddycord clarified that the church will not be built on Lots 84 and 91 but will be constructed on the 1.96 acre parcel. He stated that Portage Realty Corporation is the owner of the two (2) lots and parcel of property and that Mr. Don Jankowski from Portage was also present to answer any questions. Mr. Peddycord further stated that he has been advised by Portage Realty Corporation that it is their intention to complete and improve Georgian Drive which would provide a second access point for traffic going into and out of the area in question. Mr. Peddycord informed the Board that traditionally, the Jehovah's Witnesses build a new Kingdom Hall whenever their membership reaches one hundred fifty (150) members and they do not encourage further growth in that particular Hall. He stated that the new Hall will be constructed a considerable distance 901 REGULAR MEETING SEPTEMBER 30, 1986 from the existing residential street. Further, there is no need for the existence of Chalet Court as a public street as Portage Realty will not be developing that particular area. If vacated, the existing eighty (80) feet of Chalet Court will be utilized by the church as an access driveway to the church. Reiterating, Mr. Peddycord stated that Chalet Court is not needed by anyone else in the subdivision, there are no adjacent lots except those owned by Portage Realty and Georgian Drive will be improved and be utilized as a second access to the location. Additionally, Mr. Peddycord presented to the Board a plat diagram of the area in question as well as photographs of the proposed street to be vacated. Further, Mr. Peddycord submitted to Board Attorney Thomas Bodnar a copy of the case entitled Church of Christ vs. Metropolitan Board of Zoning. He stated that churches cannot be evicted from a residential area and to do so would be a violation of not only the First and Fourteenth Amendments of the Constitution but also Article 1 of the Indiana Constitution. Mr. Peddycord then read pertinent excerpts from the above cited case and stated that the City may not deny the vacation as a pretext to denying the church use of land in the neighborhood. He further advised that there are no remonstrance remedies available in regards to this matter. Mr. Robert B. Stephens, 5566 Colonial, South Bend, Indiana, was present and advised the Board that his property is located on Lot No. 40 of Portage Realty's Southeast Estates. He stated that he is in opposition to this vacation as there are no direct access streets to this location. He stated that the statement that Georgian Drive will be improved and completed in the near future is farfetched in that Portage Realty had a pre -plat expire in 1982 and it does not seem likely that Georgian Drive will be constructed in the near future. There not being another access point to the property in question requires that vehicles drive through a residential neighborhood to get to the proposed location of the church. He informed the Board that that is one (1) of the objections of the residents of the area. At this point, Mr. Stephens submitted to the Board a Petition signed by over one -hundred (100) residents of the area. The Petition stated that the individuals who signed the Petition are property owners and residents of Southeast Estates and wish to convey their strong objection to the vacation of Chalet Court. It further stated that this vacation will allow the adjacent land to be used for a Jehovah's Witnesses Kingdom Hall which will violate Deed restrictions attached to that land and recorded with the St. Joseph County Recorder. Further, it is the sincere belief of the residents that this will cause a general decline in the value of the real estate in Southeast Estates. They stated that they are also concerned about heavy traffic immediately before and after church functions. They feel that cruising, parking and littering will increase as young people are attracted to the secluded church parking lot. Mr. Stephens stated that the residents object to the anticipated heavy traffic that will result on Thursday evenings and Sunday mornings in conjunction with services conducted at the Kingdom Hall. He informed the Board that the church plans a thirty-two (32) space parking lot for a church with an anticipated membership of one -hundred -fifty (150) and to not have an adequate parking plan will cause parking on the twenty-five (25) foot residential street and make it difficult for other vehicles to get through. Mr. Stephens further stated that there have been problems with people who do not live in the neighborhood, parking on Cotswold Lane and in the cul-de-sac, causing litter, noise and general cruising through the neighborhood. He stated that the residents REGULAR MEETING SEPTEMBER 30, 1986 feel that when this church is built, the litter, noise and cruising problem will increase because of young people being attracted to an isolated parking lot. Mr. Stephens additionally informed the Board that Lot Nos. 84 and 91 are covered by Deed restrictions which Portage Realty devised and placed on these lots and used as an inducement to encourage improvement and purchase of real estate in this subdivision. He stated that the Deed restrictions indicate that the property can only be used for private single family dwellings. While Mr. Peddycord stated that Lot Nos. 84 and 91 will not be built upon, the building of a parking lot violates Deed restrictions. In conclusion, Mr. Stephens stated that the vacation of Chalet Court is not in the best interests of the residents of Southeast Estates. Ms. Barnard advised Mr. Stephens that the issue of Deed restrictions is not one the Board has authority to deal with but one that the residents will need to pursue and follow-thru on their own. As a point of clarification, Mr. Leszczynski advised everyone present that the role of Board of Public Works in this matter is to advise the Common Council whether or not the City needs to retain and maintain Chalet Court for any reason or to vacate the eighty (80) feet of right-of-way. The Board cannot base its decision on any other concern. Those concerns must be dealt with and decided by either the Common Council or the courts. The issue before the Board today is whether or not the City need retain, for any reason, the above referred to eighty (80) feet of right-of-way, known as Chalet Court. Mr. James L. Waldron, 1725 Provincial, South Bend, Indiana, advised the Board that he is opposed to the proposed vacation. He further advised that in the evenings, in the parking lot behind the Michiana College of Commerce at Jackson and York Roads, juveniles congregate to drink and create a nuisance to the neighborhood. Attempts have been made by the Police Department to remove the youths from the parking lot. For the safety of the children in the neighborhood, the residents do not want to have another parking lot in their neighborhood that juveniles might frequent. Mr. Larry Roller, 5563 Colonial, South Bend, Indiana, advised the Board that Portage Realty represented to him that the area would be for single family dwellings and they are no longer able to keep that representation as a result of allowing the church to build in the area. Mr. Leonard Moretti, 5530 Colonial, South Bend, Indiana, stated that there are Deed restrictions on the property. Also, the proposed action impedes the development of future lots and sets a precedent for unplatted lots in the area. He further stated that there are no assurances by Portage Realty that Georgian Drive will be completed. Councilman John Voorde was present and advised that he is the Chairman of the Common Council Zoning and Vacation Committee. He stated that that Committee will be reviewing this request on October 13, 1986, and welcomed any relevant information from any of the residents regarding this matter. There being no one else present wishing to speak either for or against the proposed vacation, upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the Public Hearing on this matter was closed. 1 n REGULAR MEETING SEPTEMBER 30, 1986 Ms. Barnard inquired of Mr. Don Jankowski, Portage Realty Corporation, 129 Dixie Way South, South Bend, Indiana, what the timetable was for the completion of Georgian Drive. Mr. Jankowski said the timetable was based on market conditions on how many lots sell and how many remain unsold and at the present time there are approximately fifteen (15) lots that have to be sold first. Mr. Jankowski advised that Portage Realty does not have a specific timetable for the completion of Georgian Drive. Ms. Barnard replied that she must have misunderstood Mr. Peddycord's comments regarding the completion of this street. Mr. Peddycord advised that Mr. Jankowski indicated to him that the lots were selling well. In response to Mr. Vance's question regarding what would result if the Board decided not to recommend favorably that Chalet Court be vacated, Mr. Peddycord stated that construction of the church would not stop as there are no statutory prohibitions. He further advised that the church is not going to be built on Lot Nos. 84 and 91, the project will be completed and the way the eighty (80) foot street would be used remains to be seen. He further advised that the church will have to resolve setback and parking lot requirements. He reiterated that this is not a zoning case but a vacation case and there are no statutory grounds for denial. He also stated that the church does not want parking to take place on the adjacent street. Ms. Barnard agreed that zoning is not an issue. She stated, however, that her concerns are safety, traffic use and access to the area. In regards to the potential problem with juveniles utilizing the parking lot at night, Ms. Barnard stated that the Police could be advised of the potential problem and it would be the church's responsibility for making sure a nuisance does not exist. She further reiterated her concern about the increased traffic going through the residential neighborhood by means of only one (1) access. Mr. Peddycord stated that there will be increased traffic in the area but there would also be increased traffic if eight (8) to ten (10) lots were sold to individuals. He stated that case law does not permit additional traffic to be a basis for denial of use of the property. Mr. Vance advised that he is concerned about Georgian Drive not being completed and the increased traffic. He stated that he hopes the church can work with the residents of the area as it appears that the church is going to become a permanent resident. He indicated that perhaps a gate could be utilized to deter unauthorized use of the parking lot and that a timetable for completion of the additional access could be developed. Therefore, Mr. Vance made a motion that a favorable recommendation be forwarded to the Common Council regarding this vacation subject to any and all utility easements. Ms. Barnard seconded the motion and it carried. Mr. Leszczynski advised that favorable comments have been received from the Engineering Department, Area Plan Commission and the Community Development Department concerning this proposed vacation. In seconding the motion, Ms. Barnard stated that it is up to the church to meet with the residents of the area to resolve any concerns and complaints. Mr. Peddycord stated that he will arrange a meeting with representatives from the church and Portage Realty to resolve concerns and develop an estimated timetable for the completion of Georgian Drive. 4, REGULAR MEETING SEPTEMBER 30, 1986 APPROVE COMMUNITY DEVELOPMENT ADDENDUM The following Community Development addendum was presented to the Board for approval: ADDENDUM II SOUTH BEND HERITAGE FOUNDATION NEAR WEST SIDE COMMERCIAL LOAN ACTIVITY Addendum II indicates that Cherry Street is included in the service area, the maximum loan amount is increased to $25,000.00 and working capital is an allowable loan expenditure. Upon a motion made by Ms. Barnard, seconded by Mr. Vance and carried, the above and addendum was approved and executed. APPROVE AGREEMENT FOR USE OF PUBLIC RIGHT-OF-WAY FOR FOOT RACES AND SIMILAR EVENTS - 6TH ANNUAL SPORTSMED 10K ROAD RACE, 1 MILE FUN RUN AND 4K WALK Mr. Leszczynski advised that pursuant to Resolution No. 9-1985, establishing policies and fees for foot races and similar events, adopted by the Board of Public Works on March 4, 1985, Pro Health of St. Joseph 's Medical Center has fulfilled resolution requirements and the appropriate Agreement is being presented to the Board at this time. It was noted that the 6th Annual Sportsmed 10K road race, 1 mile Fun Run and 4K Walk will be held on Sunday, October 5, 1986. Upon a motion made by Mr. Vance, seconded by Ms. Barnard and carried, the Agreement as submitted was approved and executed. APPROVE CONSTRUCTION CONTRACT - SAMPLE STREET PAVEMENT REPAIRS PROJECT Mr. Leszczynski advised that in accordance with the bid awarded on September 16, 1986, to Walsh & Kelly, Inc., 24358 State Road 23, South Bend, Indiana, in the amount of $140,805.000 for the above referred to project, a Contract in said amount was being submitted for Board approval. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the Contract was approved and the appropriate Insurance, Performance Bond and Labor and Materials Payment Bond as submitted were filed. APPROVE CHANGE ORDER NO. 1 (FINAL) AND PROJECT COMPLETION AFFIDAVIT - AVON THEATRE BRICK VENEER PROJECT Mr. Leszczynski advised that Ziolkowski Construction, Inc., 1005 South Lafayette, P.O. Box 1106, South Bend, Indiana, has submitted Change Order No. 1 (Final) indicating that the contract amount be increased by $1,200.00 for a new Contract sum including this Change Order in the amount of $49,880.00. Additionally submitted was the Project Completion Affidavit indicating this new final cost. Upon a motion made by Ms. Barnard, seconded by Mr. Vance and carried, Change Order No. 1 (Final) and the Project Completion Affidavit were approved and the appropriate three-year Maintenance Bond as submitted was filed. APPROVE REQUEST TO ADVERTISE FOR RECEIPT OF BIDS - SALE OF ABANDONED VEHICLES Ms. Katherine Barnard, Director, Department of Code Enforcement, requested permission to advertise for the sale of approximately seventeen (17) 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. Vance, seconded by Ms. Barnard and carried, the above request was approved and a date of October 14, 1986 was established for the receiving and opening of sealed bids. REGULAR MEETING SEPTEMBER 30, 1986 e .� J 1 1 1 APPROVE LICENSE APPLICATION - SECONDHAND DEALER Mr. Leszczynski advised that the following two (2) secondhand dealers license applications have been received: NAME: BY: ADDRESS: FOR THE PURPOSE OF SELLING: NAME: BY: ADDRESS: FOR THE PURPOSE OF SELLING: KO -OP 65 THRIFT SHOP Rie Massie 526 North Western Clothing - household items BARGAIN TOWN Thomas Larson 2222 Mishawaka Avenue Clothing Mr. Leszczynski further advised that favorable recommendations have been received from the Bureau of Traffic and Lighting, Department of Code Enforcement, Police Department and Fire Department on the above applications. Upon a motion made by Ms. Barnard, seconded by Mr. Vance and carried, the above license applications were approved and referred to the Deputy Controller's office for issuance of permits. APPROVE LICENSE APPLICATION - PUBLIC PARKING FACILITY Upon a motion made by Ms. Barnard, seconded by Mr. Vance and carried, the license application for National Autopark, Inc., 119 West Wayne Street, South Bend, Indiana, was approved and referred to the Deputy Controller's office for issuance. It was noted that the required Proof of Insurance as well as the hours and rates to be charged were attached to the application. DENY LICENSE APPLICATION - OPEN AIR STAND Mr. Leszczynski advised that the following license application has been received: NAME: H & M BY: Madeline L. Johnson ADDRESS: 1301 South Twyckenham Drive STAND TO BE LOCATED AT: 1001 North St. Louis DATES: Seasonal - 7 days per week FOR THE PURPOSE OF: Selling meat and general merchandise Mr. Leszczynski further advised that the Department of Code Enforcement recommended denial of the above referred to license application as the location of the proposed stand is zoned "A" Residential. Therefore, upon a motion made by Ms. Barnard, seconded by Mr. Vance and carried, the license application as submitted, was denied. APPROVE Synagogue, 1102 East LaSalle Avenue, South Bend, Indiana, requested the removal of parking restrictions in the vicinity of Sinai Synagogue, located on East LaSalle Avenue on October 4-5, 1986 and October 13, 1986, in conjunction with the High Holy Days. 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 Ms. Barnard, seconded by Mr. Vance and carried, the recommendation was accepted and the request approved. APPROVE CONTRACTORS AND EXCAVATION BONDS Mr. Melvin Humphrey, Engineering Department, recommended that the following bonds be approved: m 0 4.2 REGULAR MEETING SEPTEMBER 30, 1986 CONTRACTOR'S BONDS - Richard Knauf - Effective retroactive to 9/26/86 - Dev-Con, Inc. - Effective retroactive to 9/22/86 EXCAVATION BONDS - William Smith, d/b/a/ Lincoln Sewer - effective 9/30/86 - Hamstra Builders, Inc., - effective 9/30/86 Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the above bonds were approved. REQUEST OF SOUTHOLD DANCE THEATER FOR TRAFFIC ASSISTANCE FOR NUTCRACKER CONCERT PERFORMANCES AT MORRIS CIVIC AUDITORIUM - REFERRED In a letter to the Board, Mr. Lawrence J. Clifford, 205 West Jefferson Boulevard, Suite 110, South Bend, Indiana, advised that the annual Southold Dance Theater Nutcracker Concerts will be held for local school children at the Morris Civic Auditorium on Tuesday, Wednesday and Thursday, December 16, 17 & 18, 1986. Mr. Clifford therefore requested assistance in getting the buses parked and getting the approximately 12,000-15,000 children safely in and out of the Morris Civic Auditorium. Upon a motion made by Ms. Barnard, seconded by Mr. Vance and carried, the above request was referred to the appropriate departments for review and recommendation. APPROVE HANDICAPPED PARKING PERMITS Upon a motion made by Ms. Barnard, seconded by Mr. Vance and carried, the following one (1) handicapped parking permit application was approved and referred to the Deputy Controller's office for issuance of a permit: 1. Leroy D. Hill 52726 Highland, S.B. APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Ms. Barnard, seconded by Mr. Leszczynski and carried, the following four (4) traffic control devices were approved: 1. NEW INSTALLATION, NO PARKING SCHOOL DAYS 7:30A - 4P - 2800 Tomahawk Dr., west side. (Requested by Corpus Christi Parish). 2. NEW INSTALLATION, STOP SIGN - On Southeast Drive at Ridgedale. (Uncontrolled "T") 3. NEW INSTALLATION, STOP SIGN - On Southridge at Ridgedale. (Uncontrolled "T"). 4. NEW INSTALLATION, STOP SIGN - On Southbrook Drive at Ridgedale. (Uncontrolled "T"). FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORT A report from the Department of Code Enforcement indicating a total of sixty-three (63) properties cleaned from September 22, 1986 to September 26, 1986, was submitted. Upon a motion made by Mr. Vance, seconded by Ms. Barnard and carried, the report as submitted was filed. APPROVE CLAIMS Deputy City Controller Carol M. Sanders submitted Claim Docket No. 025683 through Claim Docket No. 026326 and recommended approval. Upon a motion made by Mr. Vance, seconded by Ms. Barnard and carried, the claims were approved and the report filed. C 27 REGULAR MEETING ADJOURNMENT There being no further business motion made by Mr. Leszczynski, carried, the meeting adjourned C ATT T: Sandra M. Parmerlee, Clerk i] SEPTEMBER 30, 1986 to come before the Board, upon a seconded by Mr. Vance and at 10:20 a.m. John E. Leszczynski Katherine . Barnard t Michael L. lance