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HomeMy WebLinkAbout04/09/84 Board of Public Works MinutesREGULAR MEETING APRIL 9, 1984 The regular meeting of the Board of Public Works was convened at 9:37 a.m, on Monday, April 9, 1984 by President John E. Leszczynski, with Mr. Leszczynski, Mr. Richard L. Hill and Mr. Michael L. Vance present. Also present was Chief Deputy Attorney Thomas Bodnar. MINUTES OF PREVIOUS MEETING APPROVED Upon a motion made by Mr. Hill, seconded by Mr. Vance and carried, the minutes of the April 2, 1984, regular meeting of the Board were approved. AWARD BIDANDAPPROVE CONSTRUCTION CONTRACT INLET RECONSTRUCTION 1984 PROJECT In a letter to the Board, Mr. Neil A. Shanahan, Manager, Bureau of Public Construction, recommended the Board accept the bid of Dye Plumbing and Heating, Inc., 3535 Monroe Street, LaPorte, Indiana 46350, in the amount of $57,160.00. Mr. Leszczynski further advised that in accordance with the award of this bid, 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 above bid was awarded and the contract approved. Accordingly, the appropriate insurance, Performance Bond and Labor and Materials Payment Bond submitted by Dye Plumbing and Heating, Inc, were filed. ADOPTION OF RESOLUTION NO. 6-1984;- AMENDED SCRAP METAL DEALER LICENSE - METAL RESOURCES CORPORAT'ION1, 1147 PRAIRIE AVENUE Mr. Leszczynski presented to the Board Resolution No. 6-1984 which confirms the action taken by the Board on March 26, 1984, in response to the Petition for Amended License and for Resolu- tion Waiving Setback Requirement filed by Mr. Jack C. Dunfee, Jr. Attorney at Law, Sixth Floor, 1st Source Bank Center, South Bend, Indiana on behalf of his client Metal,Resources Corporation, 1147 Prairie Avenue, South Bend, Indiana. Mr. Hill advised that the amended legal description requested was..attached to the Resolution as Exhibit B. Upon a motion made by Mr. Hill, seconded by Mr. Vance and carried, the following.Resolution No. 6-1984 was adopted: RESOLUTION NO. 6-1984 WHEREAS, Metal Resources Corporation (formerly known as Bremen Iron and Metal Company, Inc.) is the holder of a 1984 City of South Bend Scrap Metal Dealers license for operation of a scrap metal yard at 1147 Prairie Avenue, South Bend, Indiana, and WHEREAS, on March 16, 1984, Metal Resources Corporation petitioned the Board of Public Works to amend.said license in order to expand the area of the scrap metal operation to a total of 15.728 acres by including two (2) portions previously exempted from Parcel I and approximately one- half (1/2) of Parcel II as shown on the attached Exhibit A, which 15.728 acres are specifically described in the legal description attached hereto as Exhibit B, and WHEREAS, the two (2) previously exempted portions of Parcel I and the north one-half (1/2) of Parcel II are located within the 1,000 foot distance restriction of certain zoning districts set forth in Section 4-51 (d)(2). of the South Bend Municipal Code but are not located within 500 feet of said zoning districts, and WHEREAS, the South Bend Common Council has the authority to waive the 1,000 foot distance restriction set forth in Section 4-51 (d)(2) of the South Bend Municipal Code in order to permit the location of a scrap metal operation within 1,000 feet but no closer than 500 feet to said zoning districts. REGULAR MEETING APRIL 9. 1984 WHEREAS, inspections of said property have been completed by the Department of Code Enforcement and the Fire Prevention Bureau and has been found to be fit and proper for the main- tenance and operation of a scrap metal yard, and NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works that the amendment to the 1984 Metal Resources Scrap Metal license be recommended favorably subject to the authority of the Common Council to waive the 1,000 foot distance restriction pursuant to Section 4-51 (d)(2) of the South Bend Municipal Code. ADOPTED this 9th day of April, 1984. BOARD OF PUBLIC WORKS s/ John E. Leszczynski s/ Richard L. Hill s/ Michael L. Vance ATTEST: s/ Sandra M. Parmerlee, Clerk ACCEPT AND APPROVE OFFER OF TEN ECH ENVIRONMENTAL ENGINEERS, INC. TO PROVIDE SERVICES TO ASSIST IN THE REVIEW OF COMMERCIAL CHICKEN MANURE COMPOSTING/FERTILIZING"OPERATION - SOMETHING OF VALUE, INC. Mr. Leszczynski presented to the Board a letter from Mr. Mark W. Tenney, President, TenEch Environmental Engineers, Inc., 744 West Washington Street, South Bend, Indiana, in which Mr. Tenney volunteered his services to assist in the review of the proposed commercial chicken manure composting/fertilizing operation as it relates to the proposed operation of Something of Value, Inc.. Mr. Tenney indicated that he would review the environmental aspects of the proposed process and specifically he would be prepared to review the microbiological -biochemical aspects of the process and the resulting product, to include the potention water and air impacts. Mr. Hill and Mr. Leszczynski indicated that this is certainly a very generous offer of Mr. Tenney and TenEch and as the Board of Zoning Appeals has asked Ms. Katherine Barnard of the Department of Code Enforcement to obtain a consultant firm to review the process outlined by Something of Value, Inc. and advise the Board on seven main areas, they would recommend that the offer be accepted and a meeting arranged with TenEch, a representative from the Board of Zoning Appeals and Katherine Barnard of the Department of Code Enforcement. Further, the Engineering Depart- ment will provide assistance where needed. Mr. Hill read the 7 points on which the Board of Zoning Appeals is requesting a response. They are as follows: 1. Odor Control a. Any scientific method available to measure odor. b. During hauling and handling of raw material. C. During process. 2. Any gas as result of fermentation process. a. Petitioner claims only CO 2 and Water Vapor. 3. Use of scrubbers - necessity and effect. 4. Any wastes as a result of process a. How controlled. b. Any waste into City sewer system. 1 C REGULAR MEETING APRIL 9, 1984 5. Is there any other known facility of this kind in an urban area. 6. Does the process require technical personnel to operate. Must they be licensed. Note: Concern is for poor management and/or lack of supervision resulting in adverse effects. 7. Rodent and pest control necessary for sanitary operation. Additional concerns of the Board of Zoning Appeals are: 1. Point of ingress and egress from place of business. a. Effect on traffic. 2. What processes are to take place - what are we to rule on. Original petition included: a. Recycling of cans b. Fermentation of leaves C. Cardboard Collection Mr. Sylvester Gerschoffer, 2101 Prairie Avenue, South Bend, Indiana, representing the Rum Village Neighborhood Association, was in attendance and addressed the Board. Mr. Gerschoffer inquired if the Board is setting a precedent in accepting the offer of TenEch. Mr. Hill replied that he does not consider acceptance of this offer as setting a precedent and certainly this is a unique opportunity as the City will not have to expend public funds for this matter. Mr. Gerschoffer asked if the Board knew how long TenEch would take to complete their study and asked how they are going to do the study. Mr. Leszczynski advised that the Board could not answer those questions at this time. Mr. Gerschoffer further asked if he could attend the meeting to be arranged with TenEch on this matter. Mr. Hill and Ms. Barnard advised that the meeting will not be a public meeting and the intent of the meeting is to advise TenEch of the scope of the Board of Zoning Appeals questions to make sure the engineers understand the concerns of the Board of Zoning Appeals and to make sure those issues are addressed. Mr. Gerschoffer was advised that the Board of Zoning Appeals requested the advice of a consultant and that the Petitioner did not make the request. Mr. Hill advised Mr. Gerschoffer that if he believes there are additional points that should be addressed that he give that information to Ms. Barnard so they can be considered when the meeting is held with TenEch. Councilman Thomas Zakrzewski was in attendance and indicated that he would like to be present at the meeting with TenEch when it is arranged. Ms. Phyllis Skwarkan, 2221 South Olive Street, South Bend, Indiana, addressed the Board and inquired if TenEch would have a response for the April 26, 1984 meeting of the Board of Zoning Appeals. Mr. Hill stated that he did not believe a response would be available that soon and stated that as Mr. Tenney at this time does not know the scope of the investigation, it would be difficult to say when a response could be expected. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the offer of TenEch to provide services to assist in the review of Commercial chicken manure composting/fertilizing operation in relation to the proposed operation of Something of Value, Inc. was accepted and approved and Mrs. Barnard was advised to arrange a meeting with the appropriate individuals. REGULAR MEETING APRIL 9, 1984 REQUEST OF COUNCIL FOR THE RETARDED TO CLOSE WALL STREET FOR "FUN DAY" - MAY 18, 1984 REFERRED In a letter to the Board, Mr. Bill Locke, Recreation Director, The Council for the Retarded of St. Joseph County, Inc., P.O. Box 1049, South Bend, Indiana, indicated that the Council for the Retarded's Recreation Department will hold its annual spring "Fun.Day" at Potawatomi Park on Friday, May 18, 1984 (raindate, Monday, I --ay 21, 1984). "Fun Day" is designated to provide approx- imately 500 mentally handicapped students from the South Bend and Mishawaka School Corporation's special education classrooms with an opportunity for a new experience through specially designed clinics and activities. Because of their concern for the safety of the students, the Council is respectfully requesting that Wall Street between Greenlawn and Ironwood Drive be closed between the. hours of 8:30 a.m, and 2:00 p.m. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above request was referred to the Bureau of Traffic and Lighting and the Police Department Traffic Division for review and recommendation. APPROVE REQUEST TO HAVE STREET NAMES CHANGED IN OBSERVATION OF DYNGUS DAY - APRIL 23, 1984 In a letter to the Board Mayor Roger 0. Parent requested the follow- ing street name changes in observation of Dyngus Day and Solidarity Day on Monday, April 23, 1984: Ford Street, at Ford and Warren, to be named Dyngus Drive. Hill Street, from Jefferson to Corby, to be named Solidarity Avenue. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above request was approved. APPROVE RECO111MENDATION TO DENY TAXICAB DRIVER'S LICENSE In a letter to the Board, Mr. Michael L. Vance, City Controller, recommended that the application for a taxicab driver's license be denied to Mr. O.C. Dickerson, 3816 Eastmont Drive, South Bend, Indiana. The recommendation for denial is based on information provided from the South Bend Police Department -investigation which indicated that Mr. Dickerson's driver's license is currently suspended until May 7, 1984. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, Mr. Vance's recommendation to deny the license was approved. Mr. Vance 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. APPROVE REQUEST OF GREATER ST. JOHN MISSIONARY BAPTIST CHURCH TO HAVE ADAMS STREET CLOSED FOR ETHNIC FESTIVAL - JULY 21, 1984 Mr. Leszczynski advised that Mr. Ralph J. Wadzinski, Manager, Bureau of Traffic and Lighting has reviewed the request of the Greater St, John Missionary Baptist Church submitted to the Board on April 2, 1984, and recommends approval subject to the maintenance of a twelve (12) foot emergency lane on.the east side of the street and subject to the Colfax Street intersection not being blocked. It was noted that the Petitioner will be responsible for the setting up and taking down of the barricades. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above recommendation was accepted and the request approved. [1 1 REGULAR MEETING APRIL 9. 1984 APPROVE REQUEST OF CHET WAGGONER LITTLE LEAGUE TO CONDUCT PARADE MAY 19, 1984 Mr. Leszczynski advised that Mr. Ralph J. Wadzinski, Manager, Bureau of Traffic and Lighting and Captain Edward Friend, Traffic Division South Bend Police Department, have reviewed the request of the Chet Waggoner Little League submitted to the Board on April 2, 1984 and recommended approval. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above recommendation was accepted and the request approved. APPROVE REQUEST TO HAVE PARKING SPACE AT 633 DIAMOND DESIGNATED AS A HANDICAPPED PARKING SPACE Mr. Leszczynski advised that Mr. Ralph J. Wadzinski, Manager, Bureau of Traffic and Lighting, has reviewed the request of Mr. Robert Bond, 633 Diamond Avenue, South Bend, Indiana, submitted to the Board on March 5, 1984 and recommends approval. Mr. Wadzinski advised that because parking has been removed on the opposite side of Diamond Avenue, he is recommending that the parking space in front of 633 Diamond be designated as a handicapped space and the appropriate signage installed. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above recommendation was accepted and the request approved. APPROVE HANDICAPPED PARKING PERMITS Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the following four (4) handicapped parking permit applica- tions were approved and referred to the Deputy Controller's office for issuance of permits: Ethurel Ivory, 206 N. Wellington, S.B. Liane Dawson, 717 S. 32nd St., S.B. Josephine Pruett, 1402 L.W.W., S.B. Geraldine Anderson, 601 Part, St. Joseph, MI APPROVE RELEASE OF CONTRACTOR'S BOND Mr. Ray S. Andrysiak, P.E., Engineering Department, recommended that the Contractor's Bond for Stephen King be released effective April 9, 1984. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the above Contractor's Bond was released. FILING OF STREETLIGHT OUTAGE REPORT The report submitted to the Board indicated a total of twenty- nine (29) outages for the period March 14, 1984 to March 27, 1984. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the report was filed. CONCERNS REGARDING STREET LIGHT OUTAGES - COUNCIL PRESIDENT BEVERLIE BECK Common Council President Beverlie Beck was in attendance at the meeting and advised that the system utilized to report street light outages is not working, that the City is paying for some- thing its not getting and probably losing money. She further advised that she has turned in outages but the lights continue to be out, some being out for months. Mrs. Beck specifically sited outages in the Longfellow and Twyckenham Hills areas. She stated that she has been told on numerous occasions by Indiana & Michigan Electric Company that the outages cannot be corrected quickly because of underground problems and the winter weather has made it impossible to get to the problem. However, the snow is no longer here but the problem still exists. Mr. Leszczynski advised that the underground fixtures do cause problems and that his office trys to monitor those ,t e REGULAR MEETING APRIL 9, 1984 outages. Mr. Leszczynski acknowledged that there does appear to be a problem with the system of reporting outages and asked Mrs. Beck to have individuals telephone in their outages and asked her to submit to him a list of the outages she is aware of. It was noted that in some instances the outages are never reported. Mrs. Beck stated that outagesarenoticed in the evenings and I&M does not have a telephone number to call in the evenings to report outages. Mrs. Beck indicated that she plans to maintain a log of the outages and invited individuals in the third district to report outages directly to.her. In response to a question from Councilman Zakrzewski, Mr. Leszczynski advised that any new lighting installed utilizes overhead wiring as it is the least expensive for the City. In conclusion, Board members thanked Mrs. Beck for bringing this matter to their attention. FILING OF CERTIFICATE OF INSURANCE Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the Certificate of Insurance for Tonn & Blank, Inc., and its subsidiary and Affiliated Companies, 126 East Fifth Street, Michigan City, Indiana, was accepted and filed. FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORT A report from the Department of Code Enforcement indicating a total of eighty-one (81) properties cleaned from April 2, 1984 to April 6, 1984 was submitted. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the report was filed. APPROVE CLAIMS Mr. Elroy J. Kelzenberg, Executive Director, St. Joseph County Job Training Program submitted two (2) lists containing one - hundred sixteen (116) claims and recommended approval. Additionally, Chief Deputy Controller Sherrie L. Petz submitted Claim Docket No. 6731 through Claim Docket No. 7386 and recommended approval. Upon a motion made by Mr. Vance, seconded by Mr. Hill and carried, the claims were approved and the above reports were filed. PRIVILEGE OF THE FLOOR: CONCERNS REGARDING TRAFFIC PROBLEM AT THE OLIVE/PRAIRIE INTERSECTION Mr. Sylvester Gerschoffer, 2101 Prairie Avenue, South Bend, Indiana, a member of the Rum Village Neighborhood Association, was in attendance at the meeting and advised the Board that he is concerned about the safety of individuals utilizing the intersection of Olive and Prairie. He stated that in the mornings traffic is particularly heavy with school buses also utilizing that intersection and stated that it is dangerous to motorists and pedestrians wishing to cross Olive Street. He inquried if the Board has.plans to install a traffic signal at that location and stated that with the opening of the New Energy plant the traffic will continue to increase. He further advised that the Association has submitted Petitions to the Board in the.past requesting the installation of a traffic signal but to date no action has been taken. Mr. Leszczynski advised that the Petitions have certainly received consideration and that plans have been prepared. But, as a state highway is involved (S.R. #23), the City must receive permission from the state to install the traffic signal. Mr. Leszczynski furthr advised that before a traffic signal can be installed, the state requires that a traffic study be conducted to determine if a signal is warranted. Further, because a detour is currently in effect at that intersection, the state will not conduct a traffic study at this time. Mr. Leszczynski advised that the City has conducted a traffic study of its own and feels that the 1 1 REGULAR MEETING APRIL 9, 1984 ism 1 1 traffic signal is needed. He has asked the state to grant permission for the installation of the light based on the City's recommendation that warrant requirements have been met. In response to a question by Mr. Hill, Mr. Leszczynski advised that he would provide the name of the appropriate individual in the state office if individuals wished to communicate their concerns.regarding this matter directly to the state. In conclusion, Mr. Gerschoffer thanked members of the Board for their attention to this matter., ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Vance, seconded by Mr. Hill and carried, the meeting was adjourned at 10:00 a.m. ATTEST: A --Sandra M. Parmerlee, Clerk &,vL_ AA4L n E. Leszcz n k Richard L. Hill 7,Michael L. Vance