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HomeMy WebLinkAbout09/24/84 Board of Public Works MinutesREGULAR MEETING 377 SEPTEMBER 24, 1984 1 The regular meeting of the Board of Public Works was convened at 9:37 a.m. on Monday, September 24, 1984, by President John E. Leszczynski, with Mr. Leszczynski, Mr. Richard L. Hill and Mr. Michael L. Vance present. Also present was Assistant City Attorney Carolyn V. Pfotenhauer. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the minutes of.the September 17,.1984, regular meeting of the Board were approved. OPENING OF BIDS - CONSTRUCTION OF CITY CEMETERY STORAGE BUILDING (REAR OF 214 NORTH ELM STREET) This was the date set for receiving and opening of sealed bids for the above referred to project. The Clerk tendered proofs of publi- cation of Notice in the South Bend Tribune and the Tri-County News which were found to be sufficient. The following bids.were opened and publicly read: VAN VOOREN CONSTRUCTION COMPANY, INC. 423 West McKinley P.O. Box .5154 TOTAL AMOUNT OF BID: $69,736.00 CARL J. REINKE & SONS, INC. P.O. Box 3095 South Bend, Indiana 46619 TOTAL AMOUNT OF BID: $82,798.00 VAN OVERBERGHE BUILDERS, INC. 57440 Peggy Drive South Bend, Indiana 46619 TOTAL AMOUNT OF BID: $66,113.00 Bid was signed by Steven J. VanVooren, President, Non - Collusion Affidavit was in order and a 5% Bid Bond was submitted. Bid was signed by Harold G. Reinke, President, and Harold G. Reinke, Jr., Vice -President -Secretary, Non- Collusion'Affidavit was in order and a 5% Bid Bond was submitted. Bid was signed by Gerald Van Overberghe, President and Hilary VanOverberghe, Secretary, Non -Collusion Affidavit was in order and a 5% Bid Bond was submitted. KASER-SPRAKER CONSTRUCTION, INC. Bid was signed by Gary L. Spraker, 25487 W. State Road 2 President and Daniel H. Kaser, P.O. Box 3605 Secretary, Non -Collusion Affidavit South Bend, Indiana 46619 was in order and a 5% Bid Bond was submitted. TOTAL AMOUNT OF BID: $62,524.00 Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the above bids were referred to the Engineering Department and the Park Department for review and recommendation. APPROVE CONFLICT OF INTEREST POLICY - CITIZENS ADVISORY COUNCIL FOR THE COMMUNITY DEVELOPMENT DIVISION OF THE CITY OF SOUTH BEND Mr. Leszczynski advised that the Community Development Department submitted to the Board for approval a Conflict of Interest Policy for the Citizens Advisory Council. The policy indicates that no person associated with the Council may obtain a personal or financial interest or benefit from the activities of the Council, have an interest in any contract, or agreement either for themselves or their family during their tenure or for one year thereafter, in regard to the activities funded in part or in whole through the 378 REGULAR MEETING SEPTEMBER 24, 1984 Urban Development Action Grant Program of the United States Depart- ment of Housing and Urban Development. The policy further indicates that in the event a person covered by this policy determines that he or she has or expects to have a financial interest from an activity, that person shall make disclosure in writing and orally at the earliest opportunity at a regular or special meeting of the Citizens Advisory Council. Mr. Hill advised that the provisions of this policy meet HUD requirements and would be approved on a one-time basis by HUD rather than having to go to HUD on a case - by -case basis. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above Conflict of Interest Policy was approved and executed. ADOPTION OF RESOLUTION NO. 20-1984 - SALE OF CITY -OWNED PROPERTY AT 1207 KING STREET AND 1002 WEST LA SALLE Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the following Resolution No. 20-19.84 for the sale of the City -owned property at 1207 King Street and 1002 West LaSalle was adopted: RESOLUTION NO. 20-1984 WHEREAS, the Board of Public Works. of the City.of South Bend, Indiana, has compiled a current detailed inventory of all real property owned by the City of South Bend; and WHEREAS, the Board of Public Works has reviewed said inventory of real property and it finds that certain of the parcels of real estate now owned by the City of South Bend are not necessary to the public use and are not set aside by State and City laws for public purposes; and WHEREAS, the Board of Public Works now wishes to take the necessary action to make it possible for the Board, in the future, to sell said parcels of real estate pursuant to State Statutes. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend, Indiana: That the parcels of real estate owned by the City contained in the following list are not necessary to the public use and are not set aside by State or City laws for public purposes: ADDRESS: DEED NO. 1207 King Street 627 1002 W. LaSalle 1032 ADOPTED this 24th day of September, 1984. BOARD OF PUBLIC WORKS s/ John E. Leszczynski s/ Richard L. Hill s/ Michael L. Vance ATTEST: s/ Sandra M. Parmerlee, Clerk 1 REGULAR MEETING SEPTEMBER 24, 1984 379 E APPROVE REQUEST TO ADVERTISE FOR RECEIPT OF BIDS - MONROE PARK PHASE VII PROJECT In a letter to the Board, Mr. Neil A. Shanahan., Manager, Bureau of Public Construction, requested that the Board advertise for. the receipt of bids for the above referred to project. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above request was approved. APPROVE REQUEST TO ADVERTISE FOR RECEIPT OF BIDS - RE -ROOFING OF BUILDING - 521 ECLIPSE PLACE.(BUREAU OF HOUSING) In a Memorandum to the.Board, Ms. Janet Holston, Director, Bureau of Housing, requested that the Board advertise for the receipt of bids for re -roofing -of the Bureau of Housing building at 521 Eclipse Place, South Bend, Indiana. She indicated that funding for the project will be through the 1984 Jobs Bill Program. Upon a motion made -by Mr. Leszczynski, seconded by Mr. Vance and carried, the above request was approved. REQUEST TO PURCHASE CITY -OWNED PROPERTY AT 1614 HIGH STREET REFERRED In a letter to the Board, Mr. James D. Davis, 814 East Indiana Avenue, South Bend, Indiana, indicated that he is interested in purchasing the City -owned property at 1614 High Street. He advised that this property is located directly south of his house, which is located at 814 & 816 East Indiana Avenue. He stated that he has maintained the property at 1614 High Street for eight years but does not intend to build on this lot or to make any improvements, but will maintain it in good fashion. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the above request was referred to.the necessary City departments and bureaus for a determination as to whether or not the City retain the lot for any reason. ACCEPT AND APPROVE PLAT OF DEDICATION - PORTAGE WAY ROAD - SECTION 27, T 38N, R 2E (PORTAGE PLACE ASSOCIATES) Mr. Leszczynski advised that in the Plat of Dedication presented to the Board by Portage Place Associates, 404 Columbia Street., South Bend, Indiana, owners of real estate known as Portage Way Road, located in the north one-half of Section 27, T 38N, R 2E, City of South Bend, Indiana, lay off, plat and dedicate said real estate in accord with the plat submitted to the Board for approval. Mr. Leszczynski further advised that this dedication is a condition for rezoning as required by the Area Plan Com- mission. Additionally, it was noted that Portage Place Associates will provide to the Board a Performance Bond which will guarantee the construction of the extension of -Portage Way westward to the proposed Sugar Maple Lane. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above referred to Plat of Dedication was accepted and approved. APPROVE TITLE SHEET - MONROE PARK PHASE VII PROJECT Mr. Leszczynski advised that the Title Sheet for the above referred to project was being presented at this time for execution. Upon a motion made by Mr. Leszczynski, s.econded.by Mr. Vance and carried, the above referred to Title Sheet was approved and signed. APPROVE REQUEST TO CONDUCT NEIGHBORHOOD BLOCK' PARTY ON AMHURST STREET - SEPTEMBER 29. 1984 Mr. Leszczynski advised that Mr. Ralph J. Wadzinski, Manager, Bureau of Traffic and Lighting and Captain Edward Friend, Police Department Traffic Division have reviewed the request of Ms. Anita Kuminecz to conduct a block party on Ainhurst Street between Miami Street and Chippewa, said request submitted to the Board .1 REGULAR MEETING SEPTEMBER 24, 1984. on September 10, 1984, and recommended approval. It was noted that approval is subject to the maintenance of a ten foot (10') clear and unobstructed lane for emergency purposes. It was further noted that the Petitioner will be responsible for the. placing and removal of the barricades, said barricades to be delivered by the BureauofTraffic and Lighting. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above recommendation was accepted,And the request approved. APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the following two (2) traffic control devices were approved: NEW INSTALLATION - STOP SIGN - On St. Joseph at Bartlett. (Uncontrolled "T" intersection). NEW INSTALLATION - STOP SIGN - On Greenwood at Southridge. (Uncontrolled "T" intersection). APPROVE RELEASE OF CONTRACTORS BONDS Mr. Melvin Humphrey, Engineering Department, recommended that the following Contractors Bonds be released: 1. Eugene Turner Released effective: 10/15/84 2, Warren A. & Maria Williams Released effective: 9/24/84 Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the above recommendation was accepted and the Contractors Bonds released. APPROVE HANDICAPPED PARKING PERMIT Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the following one (1) handicapped parking permit applica- tion was approved and referred to the Deputy Controller's office for issuance of a permit: Eleanor W. Cummins, 3421 Miami, S.B. FILING.OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORT A report from the Department of Code Enforcement indicating a total of one hundred..thirty-five (135) properties cleaned from September 17, 1984 to September 21, 1984, was submitted. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the reportsubmitted was filed. APPROVE CLAIMS Mr. Elroy J. Kelzenberg, Executive Director, St. Joseph County Job Training Program, submitted a list containing thirty-nine (39) claims and recommended approval. Additionally, City Controller Michael L. Vance submitted Claim Docket No. 17868 through Claim Docket No. 18348 and recommended approval. Upon a motion made by Mr. Leszczynski, seconded, by Mr. Hill and carried, the claims were approved and the reports filed. PRIVILEGE OF THE FLOOR: PROTEST BY OWNER OF GUISEPPE'S RESTAURANT CONCERNING THE BOARD'S APPROVAL OF THE PLACEMENT OF EMERGENCY SIGN BY SAINT JOSEPH`S MEDICAL CENTER ON THE CORNER OF LA SALLE AND ST. LOUIS STREETS Mrs. Mary Rappelli, owner of Guiseppe's Restaurant, 713 East LaSalle, South Bend, Indiana, was present and addressed the Board 1 1 REGULAR MEETING SEPTEMBER 24. 1984 1. 381 concerning the above referred to matter. Mrs. Rappelli stated that she is requesting that the Board rescind.the permit issued to the Saint Joseph Medical Center to install a sign on the corner of LaSalle and St. Louis Streets which Mrs. Rappelli said is her property.. She stated that.the sign is to be placed five (5) feet from the corner and the placement of the sign jeopardizes the business of her restaurant which is her livelihood. It was noted that on July,16, 1984, Saint Joseph's Medical Center, 811 East Madison Street, South Bend, Indiana, requested permission from the Board to install -a new sign for the Emergency Division of the hospital on the corner of LaSalle and St. Louis Streets. At that time, the request was referred to the Bureau of Traffic and Lighting, Police Department Traffic Division, City Attorney's office and the Building Department for review and recommendation. Based on favorable recommendations received from those departments, the Board on July 23, 1984, approved the request as submitted. In response to Mrs. Rappelli's concerns, Mr: Hill stated that the proposed location of'the sign is"in the public right-of-way and the City maintains that public right-of-way for public safety purposes. Mr. Hill advised that about two and one-half years ago, the Board was confronted with a similar request by Memorial Hospital to place an emergency sign in the public right-of-way. Mr. Hill stated that the Board at that time researched the matter and because it did relate to public safety it was found to be consistent with the need of the City for that public right-of-way. Mr. Hill acknowledged that the hospital is not a public agency but the sign directs people to the emergency entrance of the hospital and is for public health and safety -and it is thereby an appropriate use of the public right-of-way. Mrs. Rappelli indicated that the hospital could place the sign on the property if they held the deed to the property which they do not. She advised that she holds the deed to the property and pays taxes. She submitted to Mr. Hill a copy of a law which she indicated gave her right to the area in front of her property at 713 East LaSalle. Mr. Leszczynski advised Mrs. Rappelli that she does not pay taxes on the public right-of-way in front of her property, and the ownership of the property is subject to the public right-of-way. Mr. Hill advised that the Board did make a determination to allow the placement of the sign in the public right-of-way. It is his feeling that that permission should not be taken from the hospital as the sign is a health and safety need which is very clear and the citizens need to be advised of the location of the emergency entrance to the hospital. Mrs..Rappelli responded that the sign hides her building and she will do whatever she needs to do to keep the sign from being erected no matter what the consequences. Mrs. Rappelli reiterated that the property belongs to her and.no one is going to.place a sign there. Mr. Hill again reiterated that the Board understands her concern but the approval of the placement of the sign was on the basis of public health and safety and the Board has no intention of jeopardizing her business. Mr. Hill further stated that the decision of the Board was based on the policy of the Board established in prior years for public health and safety related signs in the public right-of-way. There being no further comments regarding this matter, Mr. Leszczynski thanked Mrs. Rappelli for attending the meeting and bringing this matter to the attention of the Board. 382 REGULAR MEETING SEPTEMBER 24. 1984 ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the meeting adjourned at 9:55 a.m. o E. Leszczyrfski c and L. Hil :101. Michael L. Vance ATTEST: —Sandra M. Parmerlee, Clerk 1 u