Loading...
HomeMy WebLinkAbout11/25/86 Board of Public Works MinutesREGULAR MEETING NOVEMBER 25, 1986 The regular meeting of the Board of Public Works was convened at 9:34 a.m. on Tuesday, November 25, 1986, 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 November 18, 1986, regular meeting of the Board were approved. PUBLIC HEARING, ACCEPTANCE AND APPROVAL OF FINAL ASSESSMENT ROLL NO 2993 AND FILING OF REMONSTRANCE - CONSTRUCTION OF SANITARY SEWER ALONG RIVERSIDE DRIVE AND RIVERSIDE PLACE Mr. Leszczynski advised that this was the date set for the Public. Hearing for the purpose of hearing and considering all remonstrances as to the amounts assessed on Final Assessment Roll No. 2993 for the above referred to project as authorized under Improvement Resolution No. 3522-1986, adopted by the Board on February 18, 1986. The Clerk tendered proofs of publication of Notice in the South Bend Tribune and the Tri-County News which were found to be sufficient. It was noted that Final Assessment Roll No. 2993 was filed with the Board on October 28, 1986. It was further noted that the total cost of the improvement as stated on the Final Assessment Roll is $144,692.74 with the total amount assessed to the City being $101,579.60, and the total amount assessed to affected property owners being $43,079.40. Mr. Wayne Werts, 1889 Riverside Drive, South Bend, Indiana, was .present and submitted to the Board a Remonstrance Against Sewer System for Riverside Drive and Riverside Place. The Remonstrance was signed by Wayne E. and Betty Werts, 1889 Riverside Drive, South Bend, Indiana, and stated that they are property owners affected by the installation of sanitary sewers and hereby remonstrate against installation of said sewer system, property assessment and Barrett Law funding. It further stated that this sewer system provides NO benefit, is NOT an improvement for their property and was NOT wanted. There being no one else present wishing to speak in regard to this matter, upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the Public Hearing was closed. As it was determined that the installation of sanitary sewers along Riverside Drive and Riverside Place are of local and special benefit to the lots being assessed rather than of general benefit, and the amounts of the assessments were amended from the Preliminary Assessment roll to reflect the final cost of the project, upon a motion -made by Mr. Vance, seconded by Mrs. DeClercq and carried, Final Assessment Roll No. 2993 was accepted and approved and referred to the County Treasurer's Office and the Barrett Law Office for final processing and the Remonstrance as submitted by Mr. Werts was accepted for filing. As Board Attorney Thomas Bodnar ask Mr. Werts a further question he submitted, upon a motion made DeClercq and carried, the Public was reopened. indicated that he would like to regarding the Remonstrance which by Mr. Vance, seconded by Mrs. Hearing regarding this matter In an attempt to clarify Mr. Werts' remonstrance, Board Attorney Thomas Bodnar asked Mr. Werts if he objects to the percentage of assessment against affected property owners and asked if it is his opinion that his assessed amount is incorrect. In response, Mr. Werts answered "absolutely." Mr. Bodnar then asked Mr. Werts if he was therefore saying that his neighbors should pay a bigger percentage to which Mr. Werts responded "no." REGULAR MEETING NOVEMBER 25, 1986 Mr. Werts stated that the installation of the sewer has provided no benefit to his property and he refuses to pay anything. He further stated that since there is no benefit and no need for the improvement, he will not pay any assessment charge of any kind. Mr. Bodnar questioned Mr. Werts and asked him that if there were a benefit, did he agree with the way the assessments have been proportioned against various owners. Mr. Werts stated that he cannot answer that question regarding the concerns of the other affected property owners as his concern is his property and the fact that the sewer provides no benefit to him. Mr. Bodnar advised Mr. Werts that since no other affected property owners have submitted objections to the Board, it is apparent that there are no other objections. Mr. Werts stated that that is their decision. He reiterated that there is no benefit to his property and in fact has created a negative influence in the community. He stated that the submission of the Remonstrance today is his effort to go on record opposing the installation of the sewer. As a point of clarification, Mr. Bodnar stated that Mr. Werts is only objecting to the necessity for any assessment for the project and/or the amount of the assessment and not the proportioning of the assessments among various property owners. Mr. Werts stated that if the City elected to put in a sewer system at no cost to him he would not be objecting. However, the installation of the sewer system at this time provides no benefit to him. He stated that he made no effort to contact other affected property owners to sign the Remonstrance as the Remonstrance was his way of going on record as objecting the installation. In a further effort to clarify Mr. Werts' objections, Mr. Leszczynski inquired of Mr. Werts if he was saying that his particular assessment should be less than the assessment charged to his neighbor. Mr. Werts stated that he does not want any assessment. In conclusion, Mr. Leszczynski stated that the project provides for the installation of a sanitary sewer system which the residents of the area can utilize and is therefore of local benefit to the residents. Mr. Werts stated that the system is available to residents who desire to utilize the system. Mr. Bodnar advised that residents can hook-up to the system at any time. Mr. Joseph Klebosits, 1905 Riverside Drive, South Bend, Indiana, an affected property owner, addressed the Board and stated that he is not remonstrating against the installation of the sanitary sewer, but like Mr. Werts, feels that the system is of no benefit to his property. He stated that when he built his home in 1957 he inquired about City sewers and water, was denied at that time and was told that the City would never put a sewer system in that location. Therefore, he incurred the cost of installation of a septic system and drywall. Now, because of a problem of another resident, he is being penalized. Mrs. DeClercq stated that the Board and the present City administration is not responsible for the information that was given to Mr. Klebosits back in 1957 and further stated that it is her opinion that the system will benefit the residents and there will come a time when they will need the sewer system in that location. She further stated that each citizen pays for the sewer at some time and in some way. Mr. Werts stated that there was a large amount of City property on the other side of the road on Riverside Drive that didn't share in the cost. There being no further questions by affected property owners or members of the Board, upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the re -opened Public Hearing regarding Final Assessment Roll No. 2993 was closed. REGULAR MEETING NOVEMBER 25, 1986 ADOPTION OF RESOLUTION NO. 24-1986 - DISPOSAL OF OBSOLETE EQUIPMENT (STREET DEPARTMENT) Upon'a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the Resolution No. 24-1986 was adopted and is as follows: RESOLUTION NO. 24-1986 WHEREAS, it has been determined by the Board of Public Works that the following Street Department equipment is no longer suitable for the purpose for which it was intended and no longer needed by the City of South Bend: 1. 218-C Huber (steel wheel) Roller SIN 3T2818 2. 225 1964 Gallion (rubber tire) Roller SIN 9-P-12G3005 3. 236 Aeriol.Road Kettle MDL. KE-RA-165 4. 217 Bomag Asphalt Recycler SIN 9H0082 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 equipment listed above is not fit for the purpose for which it was intended and is of minimal value. BE IT FURTHER RESOLVED that said equipment be disposed of and removed from the City Inventory. ADOPTED this 25th day of November, 1986. BOARD OF PUBLIC WORKS s/John E. Leszczynski s/Patricia E. DeClercq s/Michael L. Vance ATTEST: s/Sandra M. Parmerlee, Clerk APPROVE V OF CODE E CLE TOWING AND VEHICLE STOI NTRACTS (DEPARTMENT Mrs. Patricia E. DeClercq, Director, Department of Code Enforcement, informed the Board that submitted today for approval was a Vehicle Towing Contract and a Vehicle Storage Contract between the City of South Bend and Steve & Gene's Auto/Truck Salvage, 3109 South Gertrude Street, South Bend, Indiana, said Contracts being for a continuation of services currently being provided by Steve & Gene's. The Vehicle Towing Contract indicates that Steve & Gene's shall furnish within twenty-four (24) hours of notification by the Department of Code Enforcement Office, abandoned vehicle service during the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday and at such other hours as Steve & Gene's deems necessary, from January 1, 1987 through December 31, 1987. It was noted that if a vehicle is not towed within twenty-four (24) hours after notification by the Department of Code Enforcement, there will be a deduction of two dollars ($2.00) per day from the towing fee for each day the vehicle remains untowed. The City agrees to pay the following amounts to Steve & Gene's for its services: 7 REGULAR MEETING Regular Towing Rollover Towing Calls to locations where cars have been previously removed and no towing required NOVEMBER 25, 1986 $30.00 per vehicle $35.00 per vehicle $ 5.00 per vehicle The Vehicle Storage Contract indicates that Steve & Gene's shall furnish storage area and facilities for the storage of vehicles determined by the City to be abandoned at the Steve & Gene's lot located at 3109 South Gertrude Street, South Bend, Indiana, from January 1, 1987 through December 31, 1987, such storage to be performed at the direction of the Department of Code Enforce- ment. The City shall pay the sum of six hundred dollars ($600.00) per month, not to exceed seven thousand two hundred dollars ($7,200.00) per year for the storage of abandoned vehicles. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the above referred to Contracts were approved and executed. APPROVE PURCHASE AGREEMENTS: - 719 WENGER STREET - 601 NORTH CLEVELAND In accordance with the bid awarded on November 3, 1986, for the purchase of the City -owned lot at 719 Wenger Street in the amount of $100.00 to Mr. Elworth E. Perkins, 725 East Wenger Street, South Bend, Indiana, the Purchase Agreement was being submitted at this time for Board approval. Additionally, in accordance with the bid awarded on November 3, 1986, for the purchase of the City -owned lot at 601 North Cleveland in the amount of $200.00 to Chester Chodzinski, 605 North Cleveland, South Bend, Indiana, the Purchase Agreement was being submitted for Board approval. Therefore, upon a motion made by Mr. Vance, seconded by Mrs. DeClercq and carried, the Purchase Agreements were approved and the matter referred to the City Attorney's office for drafting of the appropriate Quit -Claim Deeds. APPROVE TEAMSTERS AGREEMENT AND SUPPLEMENTAL AGREEMENTS Ms. Kathleen Cekanski-Farrand, Common Council Attorney and member of the City's Wage Negotiating Team, was present and addressed the Board concerning the Agreement and Supplemental Agreements between the City of South Bend and the Teamsters Local Union No. 364, effective January 1, 1987 through December 31, 1989, which were submitted to the Board for approval. Ms. Cekanski-Farrand reminded Board members that in April of 1986, Mayor Parent and the Common Council jointly appointed four (4) members to a Wage Negotiating Team, those members being Ms. Cekanski-Farrand, Mr. Michael Vance, Mr. Jon Hunt and Mr. Daniel Rudy to represent the City in negotiations with the Teamsters, Police and Fire Departments. The Agreement submitted to the Board today is the culmination of many hours spent in negotiations with Teamsters. It has been reviewed by the various departments involved and it is the opinion of the Wage Negotiating Team that it properly reflects all the agreements reached. The Agreement includes twelve (12) supplemental agreements for various individual departments and bureaus. REGULAR MEETING NOVEMBER 25, 1986 �%JL 1 1 Mr. Robert Schulz, Union Representative from Local #364, was also present today. Ms. Cekanski-Farrand stated that together they mutually agree on the Agreement. She stated that, overall, the negotiations were conducted in a very professional manner. She, therefore, recommended that this Agreement, including Supplemental Agreements, be approved by the Board. Mr. Vance stated that he has reviewed the Agreement and that it reflects everything that was negotiated. Further, Mr. Vance thanked Mr. John Leszczynski and Park Superintendent James Seitz who participated at the bargaining table. There being no further questions, upon a motion made by Mr. Vance, seconded by Mrs. DeClercq and carried, the Agreement, containing twelve (12) supplemental agreements, was accepted and approved. REQUEST OF RESIDENTS ALONG 600-800 BLOCKS OF TWYCKENHAM DRIVE FOR PARKING RESTRICTIONS - REFERRED In a letter to the Board, Ms. Linda K. Laffin, Acting Spokesperson, 709 South Twyckenham Drive, South Bend, Indiana, submitted a Petition representing the residents along Twyckenham Drive affected by the potentially hazardous conditions created by the John Adams High School students parking their vehicles on Twyckenham Drive during school hours. The Petition asks that the west and east sides of Twyckenham Drive along the 600 block through the 800 block be designated as Residential Parking only and such signs be installed and parking permits issued or that "no parking" signs be installed on the west and east sides of Twyckenham Drive along the 600 through the 800 block to prevent parking on school days between the hours of 7:30 a.m. to 9:00 a.m. and between 11:00 a.m. to 1:00 p.m. Additionally submitted with the Petition were photographs of vehicles illegally parked in the area described above. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the above request and Petition were referred to the Bureau of Traffic and Lighting and the Police Department Traffic Division for review and recommendation. ST OF KNIGHTS OF COL JANUARY 18, 3US TO CONDUCT "MARCH FOR LIFE" - - REFERRED In a letter to the Board, Mr. Anthony Wilhelm, Grand Knight, Knights of Columbus, Santa Maria Council No. 553, 815 North Michigan Street, P.O. Box 774, South Bend, Indiana, requested permission to conduct the "March for Life" to be held on Sunday, January 18, 1987 at 1:30 p.m. The March will begin at the Knights of Columbus parking lot at 815 North Michigan Street, proceed south on Michigan Street to Navarre, west to Main, south to Wayne, west to Taylor and cross Taylor to St. Patrick's Church. Upon a motion made by Mr. Leszczynski, seconded by Mr carried, the above request was referred to the Bureau and Lighting, Police Department Traffic Division and Attorney's office for review and recommendation. REQ 10K ST OF SOUTH BEND RAC M. CONDUCT SUNBURST MAR Vance and of Traffic City AND Ms. Joyce Fox, Race Director, Sunburst Marathon, c/o South Bend Tribune, 225 West Colfax Avenue, South Bend, Indiana, requested permission to conduct the Sunburst Marathon (26.2 miles) and the 10K (6.2) road race on Saturday, June 6, 1987. Ms. Fox advised that the start of both races will be on the campus of Notre Dame University, with the Marathon beginning at 6:00 a.m. and the 10K at 7:00 a.m. Each event will finish in the Notre Dame football stadium. Further, the race committee will REGULAR MEETING NOVEMBER 25, 1986 provide a staff of highly qualified personnel to.organize the Sunburst events with assistance from the National Guard, the American Red Cross, McGann Ambulance Services and RACES. It is also anticipated that assistance will be provided by the local Civil Defense, Weatherwatch, plus approximately four hundred (400) well-trainined volunteers and a fleet of Tribune trucks for additional assistance. Ms. Fox stated that the South Bend Tribune sponsors Sunburst as a non-profit event. Corporate entry fees are solely for the benefit of the American Lung Association of North Central Indiana. In addition, the South Bend Tribune donates ninety-nine cents ($.99) of -each Sunburst entry fee to a community agency. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the above request was referred to the Bureau of Traffic and Lighting, Police Department Traffic Division and City Attorney's office for review and recommendation. APPROVE LICENSE APPLICATION - OPEN AIR STAND Mr. Leszczynski advised that the following license application has been received: NAME: Perri's Christmas Trees BY: Ross A. Perri ADDRESS: 425 West llth, Mishawaka, IN STAND TO BE LOCATED AT: 325 Logan DATES: 11/29/86 - 12/25/86 FOR THE PURPOSE OF: Selling Christmas trees It was noted that the applicant provided a letter of permission from the property owner to operate a stand at the above referred to location. It was further noted that a favorable recommenda- tion has been received from the Bureau of Traffic and Lighting. However, the Department of Code Enforcement advised that the proposed location of the stand is zoned "A" residential and therefore not allowed in that location. Further, a recommenda- tion from the Police Department has not yet been received. Due to the fact that this location has previously been utilized for open air stands, as it is located between two businesses that are zoned "C" commercial, upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the above license application was approved, subject to a favorable recommendation being received from the Police Department. APPROVE CONTRACTOR'S AND EXCAVATION BONDS Mr. Melvin Humphrey, Engineering Department, recommended that the Contractor's Bond for Richard E. Slagle be approved retroactive to November 17, 1986. Additionally, Mr. Joseph J. Pluta, Director, Division of Engineering, recommended that the Excavation Bond for James Brom, d/b/a Metropolitan Home Plumbing Services be approved retroactive to November 21, 1986. Upon a motion made by Mrs. DeClercq, seconded by Mr. Vance and carried, the above referred to bonds were approved. FILING OF CERTIFICATE OF INSURANCE Upon a motion made by Mr. Vance, seconded by Mrs. DeClercq and carried, a Certificate of Insurance for McCormick & Company, Inc., was accepted and filed. REGULAR MEETING NOVEMBER 25, 1986 FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORT A report from the Department of Code Enforcement indicating a total of thirty-one (31) properties cleaned from November 17, 1986 to November 21, 1986, was submitted. Upon a motion made by Mr. Vance, seconded by Mrs. DeClercq and carried, the report as submitted was filed. APPROVE CLAIMS Deputy City Controller Carol M. Sanders submitted Claim Docket No. 15911 through Claim Docket No. 16194 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 Mr. Vance and carried, the meeting adjourned at 9:55 a.m. 1 ATTEST: Sandra M. Parmerlee, Clerk F�l �) c n E. Leszcz i Ax,'- e '� �/' - Patricia E. DeClercq Michael L. Vance