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HomeMy WebLinkAbout11/26/85 Board of Public Works Minutes�63 0 REGULAR MEETING NOVEMBER 26, 1985 The regular meeting of the Board of Public Works was convened at 9:36 a.m. on Tuesday, November 26, 1985, by President John E. Leszczynski, with Mr. Leszczynski, Ms. Katherine G. Barnard and Mr. Michael L. Vance present. Also present was Assistant City Attorney Carolyn V. Pfotenhauer. AGENDA ITEM ADDED Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the matter of hosting a Super Run II - America's Race in 1986 was added to the agenda. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Ms. Barnard, seconded by Mr. Leszczynski, and carried, the minutes of the November 19, 1985 regular meeting of the Board were approved. OPENING AND AWARD OF BID - SALE OF CITY -OWNED PROPERTY - 1032 DE MAUDE Mr. Leszczynski advised that this was the date set for the receiving and opening of sealed bids for the sale of City -owned property at 1032 DeMaude. Mr. Leszczynski further advised that the property has an appraisal value of $370.00. 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 bid was received: MR. CHARLES S. LEONE BID: $225.00 1081 Woodward South Bend, Indiana Upon a motion made by Ms. Barnard, seconded by Mr. Vance and carried, the bid of Mr. Charles S. Leone in the amount of $225.00 was accepted and the matter referred to the City Attorney's office for the drafting of the appropriate Purchase Agreement. PUBLIC HEARING AND FAVORABLE RECOMMENDATION - ALLEY VACATION: 1ST N/S ALLEY W. OF LAUREL ST. RUNNING N. FROM WESTERN AVENUE TO NAPIER STREET Mr. Leszczynski advised that this was the date set for the Board's Public Hearing on a proposed alley vacation described as the 1st north/south alley west of Laurel Street, running North from Western Avenue to Napier Street, excepting the intersecting east/west 14' alley for a distance of 243.56 feet more or less, all being on Willets Subdivision B.O.L. 89 and Deardoffs Subdivision of B.O.L. 90 and lying between lots 1 and 10 and lots 6 and 15 respectively. 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. Carter Buchanan, 121 North Wellington Street, South Bend, Indiana. 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 were notified of the Board's Public Hearing date. In response to a question from South Bend Tribune Reporter James Wensits concerning the purpose of the vacation, Mr. Leszczynski and Ms. Barnard advised that the purpose of the vacation was to join lots on the west and east side of the alley, which are owned by the same individual, so they can be improved, cleaned and kept free of trash and junk vehicles. Mr. Leszczynski advised that favorable comments have been received from the Engineering Department, Area Plan Commission and the Community Development Department concerning this proposed alley vacation. 1 1 1 REGULAR MEETING NOVEMBER 26, 1985 091 0 L There being no one present wishing to speak either for or against the proposed alley vacation, and no written objections having been filed with the Board, upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the Public Hearing on this matter was closed and the Clerk was instructed to forward to the Common Council a favorable recommendation on the above referred to alley vacation subject to any and all utility easements. APPROVE COMMUNITY DEVELOPMENT ADDENDA The following Community Development addenda were presented to the Board for approval: ADDENDUM II NEIGHBORHOOD CODE ENFORCEMENT NEIGHBORHOOD CLEAN-UP CREW ACTIVITY Addendum II provides for line item transfers as follows: $2,500.00 transferred from the Salary line item to the fringes ($500.00) and supplies ($2,000.00) accounts. Additionally, $1,000.00 from the equipment line item was transferred to the supplies account. ADDENDUM I NEIGHBORHOOD CODE ENFORCEMENT CODE ENFORCEMENT MANAGEMENWINSPECTION Addendum I provides for line item transfers with no increase in funds. $3,000.00 from the salaries account and $2,000.00 from the fringes account will be transferred to non -personnel categories. ADDENDUM II DIVISION OF NEIGHBORHOOD CODE ENFORCEMENT CODE ENFORCEMENT REHABILITATION Addendum II indicates the addition of "demolition" as an eligible cost category. Further, no more than $5,000.00 may be used for demolition costs. Upon a motion made by Mr. Vance, seconded by Ms. Barnard and carried, the above addenda were approved and executed. APPROVE CHANGE ORDERS NO. 1 (FINAL) AND PROJECT COMPLETION AFFIDAVITS - 1. NHS CURB AND SIDEWALK REPAIR 1985 PROJECT 2. NHS PHASE II (CORBY BOULEVARD IMPROVEMENTS) PROJECT 3. MONROE PARK PHASE VII PROJECT (LANDSCAPING) Mr. Leszczynski,advised that the following Contractors have submitted Change Orders No. 1 (Final) and Project Completion Affidavits for the following projects: 1. NHS CURB AND SIDEWALK REPAIR 1985 PROJECT CONTRACTOR: LaFree Excavating, Inc. 11252 West Third Street Osceola, Indiana DECREASE: $2,296.22 NEW CONTRACT AMOUNT INCLUDING C.O.: $31,603.28 The Change Order indicated a change in five (5) contract items as proposal quantities did not match plan conditions. 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 subject to the filing of the appropriate three (3) year maintenance bond. REGULAR MEETING NOVEMBER 26, 1985 2. NHS PHASE II (CORBY BOULEVARD IMPROVEMENT) PROJECT CONTRACTOR: Kaser-Spraker Construction, Inc. 25487 W. State Road 2 P.O. Box 3605 South Bend, Indiana INCREASE: $701.00 NEW CONTRACT AMOUNT INCLUDING C.O.: $46;031.00 The Change Order indicated a change in four (4) contract items as proposal quantities did not match plan conditions as well as the assessment of liquidated damages for failure to complete the project in the specified time. Upon a motion made by Ms. Barnard, seconded by Mr. Leszczynski and carried, Change Order No. 1 (final) and the Project Completion Affidavit were approved subject to the filing of the appropriate three (3) year maintenance bond. 3. MONROE PARK PHASE VII PROJECT (LANDSCAPING) CONTRACTOR: Country Garden Landscape 62791 U.S. 31 South South Bend, Indiana 46614 INCREASE: $1,593.86 NEW CONTRACT AMOUNT INCLUDING C.O.: $20,628.26 The Change Order indicated a change in two (2) contract items as proposal quantities did not match plan conditions. Upon a motion made by Mr. Vance, seconded by Ms. Barnard and carried, Change Order No. 1 (final) and the Project Completion Affidavit were approved. APPROVE REQUEST TO ADVERTISE FOR RECEIPT OF STATEMENTS OF QUALIFICATIONS FOR ENGINEERING SERVICES FOR THE INTERSECTION IMPROVEMENTS AT THE INTERSECTIONS OF JACKSON AND MIAMI AND EWING AND IRONWOOD In a letter to the Board, Mr. Joseph J. Pluta, Director, Division of Engineering, requested that the Board advertise for the receipt of Statements of Qualifications for engineering services for the intersection improvements at the intersections of Jackson and Miami and Ewing and Ironwood. This project entails design engineering and specifications for signalization of the intersections along with any required widening. Mr. Leszczynski further advised that the project entails signalization and channelization, with said improvements requested by Councilmen Voorde and Taylor. Upon a motion made by Mr. Vance seconded by Ms. Barnard and carried, the request as submitted was approved. 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 forty-six (46) 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. Leszczynski, seconded by Ms. Barnard and carried, the above request was approved and a date of December 10, 1985 was established for the receiving and opening of sealed bids. INVITATION PARTICIPATE IN SUPER In a letter to the B has been contacted b Arrowhead Hilton, La OF NETWORK ENTERPRIS RUN II - AMERICA'S RACE OUTH BEND oard, Mayor Roger 0. Parent, advised that he y Network Enterprises, Inc. c/o Lake ke Arrowhead, California regarding 1 1 REGULAR MEETING NOVEMBER 26, 1985 participation by the City of South Bend in Super Run II - America's Race in 1986 and he has indicated the City's interest to participate. Mayor Parent additionally submitted a Site Host Letter of Agreement which he received from Network Enterprises, Inc. specifying the terms and conditions which would affect the City. It was noted that the event consists of a 10K race and the Mayor's 1-mile Fun Walk and would be held sometime between March 1 and April 5, 1986. Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the matter was referred to the Bureau of Traffic and Lighting, Police Department Traffic Division and City Attorney's office for review and recommendation. REQUEST TO ERECT CANOPY - MERSITS MARKET. 2821 L.W.W. REFERRED Mr. Leszczynski advised that Mr. Hank Craft, Sales Representative, City Awning of South Bend, 1835 South Franklin Street, South Bend, Indiana, on behalf of Mersits Market, 2821 Lincolnway West, South Bend, Indiana, requested permission to erect a canopy which will project out and over the City sidewalk at the above referred to address. Measurements of the canopy are as follows: 1. Front edge of canopy will project a maximum of four (4) feet over sidewalk. 2. Frame will consist of 3/4" galvanized pipe, rafters and braces spaced equally apart. 3. Bottom of frame, which will include cloth valance, will be 8'9" from sidewalk. Mr. Craft additionally submitted a drawing with his request. Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the request was referred to the Bureau of Traffic and Lighting, Police Department Traffic Division and Building Department for review and recommendation. APPROVE REQUEST OF SOUTHOLD DANCE FOR TRAFFIC ASSISTANCE FOR NUTCRACKER SCHOOL CONCERTS AT MORRIS CIVIC AUDITORIUM - DECEMBER 4,5,6, 1985 Mr. Leszczynski advised that Mr. Lawrence J. Clifford, 115 North William Street, South Bend, Indiana, on behalf of Southold Dance, requested traffic assistance and crowd control for the Nutcracker School Concerts which will be held at the Morris Civic Auditorium on December 4,5,6, 1985. Mr. Clifford advised that Southhold Dance will be performing two (2) concerts each day, one at 9:45 a.m. and one at 12:30 p.m. Approximately 10,000 local school children are expected to attend over the three days. The buses will be arriving at the Morris Civic approximately 40 minutes prior to each show and leaving at approximately 11:00 a.m. and 1:45 p.m. Mr. Leszczynski further advised that the Bureau of Traffic and Lighting and Police Department Traffic Division have reviewed this annual request and recommend that the following traffic assistance be provided as well as the appropriate signage and barricades: No Parking - 100 North Michigan (east & west sides) No Parking - north side of 100 W. Colfax No Parking - Woodward Court (east & west sides) Back -Up No Parking - overflow - 200 North Main - east side Colfax to LaSalle REGULAR MEETING NOVEMBER 26, 1985 Therefore, upon a motion made by Ms. Vance and carried, the recommendation accepted and the request approved. Barnard, seconded by Mr. as stated above was APPROVAL OF RECOMMENDATION TO DECLINE REQUEST OF FIREFIGHTERS ASSOCIATION TO HAVE 1986 HOLIDAY SCHEDULE AS APPROVED RECONSIDERED TO INCLUDE ELECTION DAYS AND ALL DAY GOOD FRIDAY In response to the above referred to request, submitted to the Board on November 19, 1985 by Mr. Steve E. Weiger, Chairman, IAFF Local #362, Firefighters Wage and Grievance Committee, Board Attorney Carolyn V. Pfotenhauer advised that she has researched the matter and it appears quite clear from the state statutes and Collective Bargaining Agreement that the Board of Public Safety has the authority to establish holiday dates for firefighters. She further advised that holiday pay is established by the Common Council pursuant to Ordinance No. 7359-84 which includes an annual pay schedule as well as fringe benefits. She stated that the Board of Public Works does not have authority to establish the holiday schedule for the firefighters and therefore recommended that the Board decline the request as submitted to change the 1986 holiday schedule previously approved by the Board. Mr. Steve E. Weiger was present and requested Ms. Pfotenhauer's response in writing. She advised that she would provide that information to him. Therefore, upon a motion made by Ms. Barnard, seconded by Mr. Vance and carried, the recommendation as submitted by Board Attorney Carolyn V. Pfotenhauer was accepted and the request to reconsider the 1986 holiday schedule was declined. In response to a question from South Bend Tribune Reporter James Wensits, Board Attorney Carolyn V,. Pfotenhauer advised that the Firefighters Association has submitted a similar request to the Board of Public Safety and the matter will be dealt with by them. She further advised Mr. Wensits that "legal holidays" and "paid holidays" are not the same. APPROVE LICENSE APPLICATIONS - OPEN AIR STAND Mr. Leszczynski advised that the following license applications have been received: NAME: B & L CHRISTMAS TREES BY: Bud Garrett ADDRESS: 2046 Berkley Place STAND TO BE LOCATED AT: Brentwood Shopping Center DATES: 12/1/85 - 12/30/85 FOR THE PURPOSE OF: Selling Christmas trees NAME: Perri's Christmas Trees BY: Ross A. Perri ADDRESS: 425 W. llth, Mishawaka, IN STAND TO BE LOCATED AT: 325 South Logan Street DATES: 11/30/85 - 1/l/86 FOR THE PURPOSE OF: Selling Christmas trees Mr. Leszczynski further advised that favorable recommendations have been received from the Police Department, Department of Code Enforcement, and the Bureau of Traffic and Lighting for the license application of B & L Christmas Trees. Additionally provided with the application was a letter of permission from the property owner. It was noted that favorable recommendations have been received from the Police Department and the Bureau of Traffic and Lighting for the license application of Perri's Christmas Trees. C, REGULAR MEETING NOVEMBER 26. 1985 Additionally provided with the application was a letter of permission from the property owner. However, the Department of Code Enforcement has advised that the location of the open air stand on the vacant lot at Logan and Jefferson (325 South Logan Street) is zoned "A" Residential and not appropriate for an open air stand. However, because of the prior use of the property for open air stands and because of the location between two (2) establishments zoned "C" Commercial, it has been the Board's position to recommend approval of said location. Therefore, upon a motion made by Mr. Vance, seconded by Ms. Barnard and carried, the above license applications were approved and referred to the Deputy Controller's office for issuance of permits. APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the following four (4) traffic control devices were approved: 1. NEW INSTALLATION, HANDICAP TOWAWAY ZONE - 1622 E. Bowman. (Amputee, left leg, Diabetes, Congestive Heart Failure - Response to request of Mrs. Crick received by the Board on October 21, 1985 and referred to the Bureau of Traffic & Lighting). 2. NEW INSTALLATION, NO PARKING FIRE LANE, TOWAWAY ZONE - 200 N. Michigan. (Morris Civic Auditorium). 3. NEW INSTALLATION, NO PARKING THIS SIDE - South side of Donmoyer, from Fellows to Miami. (Requested by Police Department). 4. NEW INSTALLATION, NO PARKING PASSENGER LOADING ZONE - South Carroll, east side, 150' South of Donmoyer, Monroe School. (Requested by Traffic Department, Pick up zone for 1st graders). FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORT A report from the Department of Code Enforcement indicating a total of sixty-six (66) properties cleaned from November 18, 1985 to November 22, 1985, was submitted. Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the report as submitted was filed. APPROVE CLAIMS Deputy City Controller Carol M. Sanders submitted Claim Docket No. 25966 through Claim Docket No. 26626 and recommended approval. Upon a motion made by Mr. Vance, seconded by Ms. Barnard and carried, the claims were approved and the report filed. PRIVILEGE OF THE FLOOR: CONCERNS AND COMMENTS REGARDING: - TRAFFIC SIGNAL AT MAIN AND MARION - CURB CUTS Mrs. Janet Allen, MarMain Apartments, 125 W. Marion Street, South Bend, Indiana, addressed the Board concerning the flashing amber traffic signal at the intersection of Main and Marion Streets. She stated that with the signal in the flashing mode, it is very difficult for pedestrians to cross the intersection. She further stated that it is a very busy intersection being utilized by buses, trucks, heavy equipment as well as ambulances. Residents of the MarMain Apartments are having a very difficult time crossing the intersection. REGULAR MEETING NOVEMBER 26, 1985 It was noted that on November 5, 1985, the Board approved a recommendation from the Bureau of Traffic and Lighting that the traffic signal flash amber for Marion and red for Main street for a period of six (6) months after which time Stop Signs will be installed on Main Street. The change has been recommended as the location no longer meets warrants. Mrs. Allen advised that this morning she observed a City Bureau of Traffic and Lighting truck monitoring the intersection. Mr. Leszczynski confirmed that the Bureau is monitoring not only the vehicular but also the pedestrian traffic at the intersection. Mrs. Allen stated that the pedestrian use of the intersection increases in the afternoon. Mr. Leszczynski advised her that the Bureau of Traffic and Lighting will be monitoring the intersection to cover all critical periods of time. She stated that she believes the island in front of the Masonic Temple is the cause of some traffic problems and perhaps the City should consider removal of the island to help alleviate traffic problems at that intersection. She stated that she hopes the Board will change their minds about the removal of the traffic signal at the intersection of Main and Marion. Mr. Leszczynski and members of the Board thanked Mrs. Allen for her comments concerning the flashing signal at the above referred to intersection and advised her that her comments will be taken into consideration at the end of six (6) months when a decision will be reached concerning the continuance of a traffic signal at that intersection. Mr. Leszczynski stated that changing the traffic signal to the amber flashing mode was a prerequisite to removing the traffic signal in six (6) months. He additionally stated that during the six (6) month period citizen comments and concerns regarding the signal are requested and appreciated. He stated that the City will continue to monitor the intersection on a regular basis. If there appears to be a problem, the City will make the required modifications. Mr. Leszczynski further advised that the City incurs liability when it continues to operate a traffic signal at an intersection that no longer meets state warrants for the signal. However, should citizen comments warrant the continuance of the signal at the intersection, the comments received will be presented as written documentation that the need exists for the signal. Board member Katherine Barnard asked Mrs. Allen if she thought the installation of a 4-way stop sign would help the situation. Mrs. Allen responded that the traffic signal currently at the intersection has worked fine so why change it now. Mrs. Allen additionally advised the Board that she is concerned about new curb cuts being installed at an angle and not being straight with the sidewalk. She further advised that because of the curb cuts being at an angle, she has fallen and injured herself. She recommended that the City consider making future curb cuts straight rather than at an angle. CONCERNS AND COMMENTS REGARDING TRASH IN ALLEY IN 1300 & 1400 BLOCK OF WEST WASHINGTON Mr. Carter Buchanan, 121 North Wellington Street, South Bend, Indiana, was present and advised the Board that there continues to be a problem with trash on the north side of the alley in the 1300 and 1400 block of West Washington. Board member Katherine G. Barnard advised Mr. Buchanan that the Department of Code Enforcement will look into the matter. `2) REGULAR MEETING ADJOURNMENT There being no further business motion made by Mr. Leszczynski, carried, the meeting adjourned 1 ATTEST: Sandra M. Parmerlee, Clerk 1 NOVEMBER 26, 1985 to come before the Board, upon a seconded by Ms. Barnard and at 10:07 a.m. IR X P e - - _,.. , Katherine G. Barnard' n Michael2 L. Vance