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HomeMy WebLinkAbout12/19/83 Board of Public Works MinutesREGULAR MEETING DECEMBER 19, 1983 The regular meeting of the Board of Public Works was convened at 9:37 a.m. on Monday, December 19,,198.3, by President John E. Leszczynski, with Mr. Leszczynski, Mr. Richard L. Hill and Mr. Joseph E. Kernan present. Also present was Assistant City Attorney Carolyn V. Pfotenhauer. MINUTES OF PREVIOUS MEETING APPROVED Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, the minutes of the December 12, 1983, regular meeting of the Board were approved. OPENING OF BIDS - TWO (2) MOTOROLA TELEMETRY SYSTEMS This was the date set for.receiving and opening of sealed bids for the above referred to equipment. 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 Clerk advised that no bids for this equipment were received. PUBLIC HEARING AND RECOMMENDATION - ALLEY VACATIONS (1) - EAST/WEST ALLEY BOUNDED BY MINER (N), CEDAR (S), ST. PETER (E) AND ST. LOUIS STREET (W) (2) - EAST/WEST ALLEY IN 1/2 BLOCK BOUNDED BY SOUTH BEND AVENUE (N), CEDAR (S), ST. LOUIS (E) AND THE NORTH/SOUTH ALLEY.1/2 WAYBETWEENSOUTH BEND AVENUE AND CEDAR STREET ON THE WEST Mr. Leszczynski advised that this was the date set for the Board's public hearing on the following two (2) alley vacations: (1) - The east/west alley in the block bounded by Miner Street on the North, Cedar -Street on the South, St. Peter Street on the East and St. Louis Street on the West, all located in M.E. Listenberger's Subdivision of Large Lot or Block numbered three (3) in Samuel Cottrell's first addition to the Town of Lowell, now a part of .the City of South Bend, in St. Joseph County, Indiana. (2) - The east/west alley in the half block bounded by South Bend Avenue on the North, Cedar Street on the. South, St. Louis Street on the East and the north/south alley approximately half -way between South Bend Avenue and Cedar Street on the West, all located in Bulla's Addition to the Town of Lowell, now a part of the City of South Bend, in St. Joseph County, Indiana. This public hearing is being held in order for the Board to submit a recommendation to the Common Council concerning the Petition filed by John B. Ford, attorney for Saint Joseph Medical Center, Inc., 811 East Madison Street, South Bend, Indiana, the Petitioner in the vacation of the east/west alley bounded by Miner (N), Cedar (S), St. Peter (E) and St. Louis (W) and the Petition filed by John B. Ford, attorney for St. Joseph Medical Center, Inc., as Optionor and Mr. Dell Owens, 1832 Rockne Drive, South Bend, Indiana, as the owner of 100% of the adjoining property in the vacation of the east/west alley in the half block bounded by South Bend Avenue on the North, Cedar Street on the South, St. Louis Street on the East and the north/ south alley approximately half -way between South Bend Avenue and Cedar Street on the West. It was noted that affected property owners within 200 feet of the proposed alley vacations had been notified of the Board's public hearing date. 1 1 M REGULAR MEETING DECEMBER 19, 1983 Attorney John Ford, 1800 American National Bank Building, South Bend, Indiana representing Saint Joseph Medical Center and Mr. John Blower, of the St. Joseph Medical Center were in attendance. Mr. Ford indicated that the proposed alley vacations are for one (1) full alley between St. Louis and South Bend Avenue and one-half (1/2) alley between St. Louis and the north/ south alley. He displayed for the Board a preliminary drawing to show the location of the proposed alley vacations and the proposed new physicians office building which will be at the northeast corner of Cedar and St. Louis Street. He further stated that the medical center either owns or has the option to purchase all of the property needed except from parts of lots 6 and 7 and that.they have purchased the top one-half of lot 7, and all of lots 9, 12, 14, 15 and the north one-half of lot 16. Closing on the rest of the parcels is scheduled for January 15, 1984. Due to the construction of the new medical center, 375 parking spaces (5 for ,each doctor) are needed. Mr. Ford, on behalf of the Medical Center, asked .for the Board's help in designing the best and most efficient use of the property for parking as they do have some engineer- ing concerns because of the slope of the alley in question. He stated that the full alley between St. Peter Street and St. Louis Street will remain open and will be widened for use as the main entrance to the new physicians office building.. It will remain open to traffic which will be primarily patients and staff. Mr. Ford indicated that he has worked with the Board of Zoning Appeals on this matter and has discussed the proposed alley vacations with the Northeast Neighborhood Group at their November 14, 1983 meeting and they have no strong objections. He stated that in addition to the Notice of Public Hearing which the Board of Public Works mailed out, he additionally sent letters to the affected property owners regarding this matter. He received comments to his letters from two (2) individuals but neither contained objections. There being no one else present wishing to address the Board on this matter, upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the public hearing on this matter was closed. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried with Mr. Kernan abstaining, the Clerk was instructed to forward to the Common Council a favorable recom- mendation for the above referred to alley vacations subject to the City being provided the needed right-of-way for a sufficient turn -around in the one-half alley being recommended for vacation and subject to any and all utility easements. Mr. Leszczynski advised that the City would require a twenty foot (20') right- of-way (10 feet on either side of the centerline for a distance of five (5) feet). APPROVE CONTRACT FOR ANIMAL CONTROL AND SHELTER SERVICES - HUMANE SOCIETY - 1984 Ms. Katherine Barnard, Director, Department of Code Enforcement, submitted to the Board a contract for Animal Control and Shelter Services with the Humane Society of St. Joseph County, Indiana, Inc. for 1984. Ms. Barnard stated that this.contract is identical to the 1983 contract and is in the amount of $130,000.00. She further stated that the Department of Code Enforcement has had a very good working relationship with the Humane Society during 1983. The contract presented is for the period January 1, 1984 to December 31, 1984 with payment to be made in monthly installments of $10,833.33 with a final payment of $10,833.34. Upon a motion made by"Mr. Hill, seconded by Mr. Kernan and carried, the above contract was approved and executed. /; REGULAR MEETING DECEMBER 19, 1983 APPROVE CONTRACT BETWEEN THE DEPARTMENT OF ECONOMIC DEVELOPMENT AND THE NATIONAL CENTER FOR URBAN ETHNIC AFFAIRS Ms. Pamela C. Meyer, Senior Planner, Division of Community Develop- ment, presented to the Board a contract between the Department of Economic Development and the National Center for Urban Ethnic Affairs.(NCUEA) in the amount of $7,600.00 of General Revenue Sharing funds for a.period of time no later than June 30, 1984. This contract will serve to provide consulting, technical and organizational assistance to the individuals involved with the Western Avenue Revitalization Project. She further noted that this contract includes two (2) site visits that have previously taken place; those being November 4, 1983 and December 17, 1983. Upon a motion made by Mr. Hill, seconded by Mr. Kernan and carried, the above contract was approved and executed. APPROVE AGREEMENTS FOR EASEMENTS Mr. Leszczynski presented to the Board three (3) Agreements for Easements between the City of South Bend and the Valley American Bank & Trust Company for the granting of easements for under- ground vaults that exist at the "St. Joseph Station". The Easements are as follows: Easement No. 1 This easement is to encompass the encroachment into Michigan Street of an existing basement extension and an existing overhead canopy. Easement No. 2 This easement is to encompass the encroachment into LaSalle Street of an existing basement extension. Easement No. 3 This easement is to encompass the encroachment into LaSalle Street of an existing overhead canopy. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above Easements were approved and executed subject to any needed corrections on the legal descriptions being made prior to recordation of the easements. APPROVE CHANGE ORDER NO. 1 (FINAL) AND PROJECT COMPLETION AFFIDAVIT - SOUTH HAWTHORNE STREET SANITARY SEWER (H. DE WULF MECHANICAL CONTRACTORS, INC.) Mr. Leszczynski advised that H. DeWulf Mechanical Contractors, Inc. has submitted Change Order No. 1 (Final) indicating that the contract amount be increased by $8,840.19 for a new contract sum including this Change Order in the amount of $91,205.19. Additionally submitted was the Project Completion Affidavit indicating this new final cost. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, Change Order No. 1 (Final) and the Project Completion Affidavit were approved and the appropriate three-year Maintenance Bond was filed. APPROVE CHANGE ORDER NO. 1 (FINAL) AND PROJECT COMPLETION AFFIDAVIT - CONSTRUCTION OF BASKETBALL COURT BEHIND EAST SECTOR POLICE SUBSTATION (WALSH AND KELLY, INC.) Mr. Leszczynski advised that Walsh and Kelly, Inc. has submitted .Change Order No. 1 (Final) indicating that the contract amount be increased by $3,030.63 for a new contract sum including this Change'Order in the amount of $15,813.13. Additionally submitted was the Project Completion Affidavit indicating this new final cost. Upon a motion.made by Mr. Leszczynski, seconded by Mr. Hill and carried, Change Order No. 1 (Final) and the Project Completion Affidavit were approved and the appropriate three- year Maintenance Bond was filed. 1 d. REGULAR MEETING DECEMBER 19, 1983 APPROVE RECOMMENDATION TO:REJECT"BID FOR NON-COMPLIANCE (FIRE DEPARTMENT TURN OUT COATS) Mr. Leszczynski recommended that the bid submitted on December 12, 1983, by the Safety Corporation, 2716 East Michigan Street, Indianapolis, Indiana for Fire Department Turn Out Coats be rejected because the Non-Collusion.Affidavit was not signed. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the bid of the Safety Corporation was rejected. APPROVE RECOMMENDATION TO DENY PEDDLERS LICENSE In a letter to the Board., Mr. Joseph E. Kernan, City Controller, submitted his recommendation for denial of the Peddler's License application of Mr. Ralph H. Miles, P.O. Box 3028, South Bend, Indiana. The recommendation for denial is based on the Police Department's investigation and subsequent recom- mendation for denial because incomplete information was provided on the application. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, Mr. Kernan's recommendation to deny the license was approved. Mr. Kernan abstained from voting. It was noted that the above referred to applicant will be notified of the denial and given the opportunity to request a public hearing on the matter. REQUEST TO HAVE CURB PAINTED BLUE FOR HANDICAPPED PERSON REFERRED In a letter to the Board, Mr. Harold Johnson, 723 Pierce Street, South Bend, Indiana, requested that the curb in front of his home be designated a handicapped parking space because of the arthritic condition of his wife. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the request was referred to the Bureau of Traffic and Lighting for review and recommendation. APPROVE REQUEST FOR EXTENSION OF PANZICA CONSTRUCTION, INC. TO OCCUPY AN ALLEY FOR CONSTRUCTION OF AN ADDITION TO SPIN -CAST PLASTICS. INC. Mr. Leszczynski advised that Panzica Construction, Inc. has requested an extension of time to occupy the eastern half of the 20 foot east/west alley which connects College and Brookfield Streets. It was noted that the Board, on December 5, 1983, approved their request to occupy the alley until December 20, 1983 and that a $1,000,000.00 Certificate of Insurance naming the 'City as an additional insured was provided at that time. At this time, Panzica Construction`has indicated that due to weather delays, an extension of five working days to finish the north wall is needed. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above extension was approved subject to Panzica Construction providing an amended Certificate of Insurance covering this additional time period. PETITION TO OPEN CAMDEN STREET ON THE NORTH SIDE OF WESTERN AVENUE TO WESTERN AVENUE REFERRED Mr. Leszczynski advised that Mr. Lester Townsend, 1244 Sorin Street, South. Bend, Indiana, on behalf of the members of the New Salem Baptist Church, 141 South Camden Street, South Bend, and residents of the immediate area of the church, has submitted a Petition requesting the opening of Camden Street on the north side of Western to Western Avenue. Mr. Townsend was present at the meeting and advised that having Camden Street closed is an inconvenience to.the church for funerals and out-of-town visitors because individuals wishing to visit the New Salem Baptist Church must go several blocks out of the way to reach it. An additional M REGULAR MEETING DECEMBER 19, 1983 concern is the extra time needed to reach the church in the case of an emergency. Mr. Townsend advised thatpropertyowners in the area are concerned that the closure of this street has depreciated the value of their property and they wish to have the street opened again. Mr. Townsend indicated that the Jack Frost Company, 3015 Western Avenue, signed the Petition and indicated that a depreciation of that property would affect the future of the business. Councilman John Harris was present and advised the Board that he is in favor of the granting of the request as presented in this Petition and would appreciate the Board's consideration of the matter. Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the Petition as presented was referred to the Police Department Traffic Division and -the Bureau of Traffic and Light- ing for review and recommendation. Mr. Leszczynski on behalf of the members of the Board, thanked Mr. Townsend and Mr. Harris for being present to address the Board on this matter. APPROVE LICENSE APPLICATIONS - OPEN AIR STANDS Mr. Leszczynski advised that the following license applications have been received: Name: Christmas Tree Sales By: David Hamilton Address: 1014 Bellevue, South Bend Stand to be located at: Corner of So. Main and Chippewa Dates: 11/28/83 - 12/24/83 For the purpose of: Selling Christmas trees Name: Martin By: William C. Martin Address: 52148 Helmen, South Bend Stand to be located at: Chapin & L.W.W. (405 Scott Street) Dates: 12/8/83 - 12/24/83 For the purpose of: Selling Christmas trees Name: Apex Car Care (Christmas Tree Stand) By: Tommy J. Atwood Address: 1818 Southwood Ct., Mishawaka Stand to be located at: 1709 L.W.W. Dates: 12/13/83 - 12/25/83 Name: Centre Township Lions Club Christmas Tree Sales By: Larry Lillie Address: 1817 South Ironwood, South Bend Stand to be located at: Scottsdale Mall (behind Standard Station) Dates: 12/4/83 - 12/19/83 For the purpose of: Selling Christmas trees Mr. Leszczynski further advised that favorable recommendations have been received from the Police Department, Department of Code Enforce- ment and the Bureau of Traffic and Lighting for the applications of Christmas Tree Sales and Martin by William C. Martin. It was noted that both applications additionally contained letters from the property owners granting permission to use the property on which the stand is to be located. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the license applications of Christmas Tree Sales and Martin were approved and referred to the Deputy Controller's Office for issuance of permits. Mr. Leszczynski advised that the license applications of Apex Car Care and the Centre Township Lions Club did not yet contain the necessary recommendations from the Police Department, Department of Code Enforcement, the Bureau of Traffic and Lighting and did not contain letters from the property owners on whose property the stands are to be located. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the license applica- 1 REGULAR MEETING DECEMBER 19, 1983 tions of Apex Car Care and the Centre Township Lions Club were approved subject to favorablerecommendations being received and subject to each applicant providing the necessary letter of permission from the owner of the property on which the stand is to be located. APPROVE HANDICAPPED PARKING PERMITS Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the following twenty-two (22) handicapped parking permit applications were approved and referred to the Deputy Controller's office for issuance of permits: Marvin. Jones, 1709 Fox, S.B, Viola Darr, 734 36th, S.B. Omer Otto Roeder, 1420 N. Clay, Mish. Barbara J. Bonar, 1105 Bennington, Mish. David E. Bittle, 1117 Sussex, S.B. Hildred R. Widener, 719 Widener, S.B. George Daniels, 54360 Palmer, S.B. Shirley Berliant, 1502 Stanmore, S.B. Leona H. Berkheiser, 3518 Northside, Apt. A-1, S.B. Mae A. Krogh, 1917 Piedmont,.S.B. Virginia J. Bonar, 1010 Doyal, Mish. Evelyn A. Harman, 926 Altgeld, S.B. James S. Allen, 2528 Sampson, S.B. Raymond J. Kujawski, 2520 Bow, Bldg. 13, S.B. Sophie A. Strozewski, 531 S. Warren, S.B. Diana Brunson, 1819 W. Bergan, S.B. Garold E. Grossnickle, 60801 Carl, S.B. Harold I. Johnson, 723 Pierce, S.B. Minnie B. Comer, 620 LaPorte, S.B. Elizabeth Wiseman, 1251 E. Colfax, S.B. Walter M. Hektor, 22201 Kern, S.B. Winard Anderson, Jr., 1417 Chalfant, S.B. APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the following six (6) traffic control devices were approved: INSTALL NO TURN ON RED - For Westbound Jefferson at Lafayette. (Pedestrian traffic precludes turn on red with safety. Effective December 19, 1983 at 7 A.M.) REMOVE NO TURN ON RED - For Eastbound Jefferson at Lafayette. (No longer applicable due to two-way reversion. Effective December 19, 1983 at 7 A.M.) REMOVE NO TURN ON RED - For Southbound Main Street at Jefferson turning east. (Not applicable when Jefferson.becomes two-way. Effective December 19, 1983 at 7 A.M.) INSTALL NO TURN ON RED - For Southbound Main Street at Jefferson, turning west. (Pedestrian traffic precludes turn on red with safety. Effective December 19, 1983 at 7 A.M.) INSTALL STREET REOPENED TO TWO WAY THRU TRAFFIC - 100 S. Michigan. (100 S. Michigan St. is now open to two-way traffic from Washington to Jefferson) REVISE TO TWO-WAY TRAFFIC - Jefferson, 100 E., 100 W., 200 W., 300 W., and 400 W. (Also removal of all one way eastbound signage). (Jefferson to revert to two way traffic on December 19, 1983 pending completion of signal changes). Mr. Leszczynski advised that all of these traffic control devices related to the new two-way traffic system on Jefferson Boulevard and 100 block of South Michigan Street. f, • REGULAR MEETING DECEMBER 19, 1983 APPROVE EXCAVATION BOND Mr. Ray S. Andrysiak, P.E., Engineering Department, recommended that the Excavation Bond for Charles 0. Hawkins, d/b/a Hawkins Plumbing and Above Ground Pools, be approved effective December 12, 1983. Upon.a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the above Excavation Bond was approved. FILING OF CERTIFICATE OF INSURANCE Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the Certificate of Insurance of Gratzol & Nicodemus Roofing & Sheet Metal, 25809 Borg. Road, Elkhart, Indiana was accepted and filed. FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS A report from the Department of Code Enforcement indicating a total of.fifty-four (54) properties cleaned from December 13, 1983 to December 16, 1983 was submitted. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the report was filed. APPROVE CLAIMS Chief Deputy Controller Sherrie L. Petz, submitted Claim Docket No. 25450 through Claim Docket No. 25926 and recommended approval. Mr. Elroy J. Kelzenberg, Executive Director, St. Joseph County Job Training Program, submitted a list containing two hundred fifty-six (256) claims and recommended approval. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above reports were filed and the claims approved. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the meeting adjourned at 10:06 a.m. r JDh.n E. Leszc i ATTEST: Sandra M. Parmerlee, Clerk 1 1