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HomeMy WebLinkAbout11/26/84 Board of Public Works MinutesREGULAR MEETING NOVEMBER 26, 1984 433 1 The regular meeting of the Board of Public Works was convened at 9:37 a.m. on Monday, November 26, 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. AGENDA ITEMS ADDED Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, a request from the Police Department to advertise for bids for the 1985 Police Auto Fleet and the rescission of the award of bids for City owned property inadvertently opened on November 19, 1984, were added to the agenda. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill, and carried, the minutes of the November 19, 1984, regular meeting of the Board were approved. APPROVE RESCISSION OF AWARD OF BIDS - SALE OF CITY OWNED PROPERTY - 1614 HIGH STREET, 323 CUSHING STREET AND 809 OAK STREET Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the bids for the sale of the above referred to City owned property, opened and awarded by the Board on November 19, 1984, were rescinded, as those bids were inadvertently opened on November 19, 1984 and not on the legally advertised date of November 26, 1984. The Clerk was instructed to readvertise the sale of the above referred to properties. RECYCLING OPERATION LICENSE APPLICATION OF SOMETHING OF VALUE, 1100 PRAIRIE AVENUE CONTINUED UNTIL DECEMBER 3, 1984 Mr. Leszczynski advised that the Board of Public Works has received a license application from Something of Value, Inc., 1100 Prairie Avenue, South Bend, Indiana, for the operation of a recycling operation/transfer station. Upon the receipt of such license applications, recommendations are sought from the Department of Code Enforcement and the Fire Department. Ms. Katherine Barnard, Director, Department of Code Enforcement submitted a recommendation to the Board along with a list of code violations. Mr. Leszczynski asked Ms. Barnard for a synopsis of her report. She advised that there were a couple of technical requirements that were not met as follows: 1. No opaque fencing along the outside edge of the yard that faces the public street. 2. No buffer strip abutting the public street. 3. Ten (10) Building Code violations existing at the time of the inspection which would render the building unsafe for occupancy. Ms. Barnard further advised that according to Mr. David L. Collier, President, Something of Value, Inc., nothing will be stored outside the building and therefore it is her recommendation that opaque fencing not be required. Further, the buffer strip should not be required because a chain link fence already exists along the outer edge of the property and closely abuts the sidewalk so planting a buffer strip would not be possible unless the fence were moved back several feet. It was her opinion that erecting a buffer strip would do more damage than good to the appearance of the property. HE REGULAR MEETING NOVEMBER 26, 1984 Ms. Barnard indicated that the ten (10) code violations submitted in her report would have to be repaired before the building could be occupied. Mr. Bert R. Prawat, Inspector with the-Inspection/Pr.evention Bureau of the Fire Department was present and directed the Board to the information contained in his November 20, 1984 letter to Mr. David Collier outlining the Life Safety Code Requirements which must be incorporated into the construction plans in order to receive a favorable recommendation. Mr. Prawat indicated that basically, the applicant must submit plans to the State Fire Marshal's office and City Building Department. Additionally, the building must be sprinkled in conjunction with the heating vents which will assist any firefighting which may become necessary. Mr. Prawat advised that the letter contains twelve (12) violations that must be met. He further stated that a fire hydrant needs to be found on the premises within one -hundred feet (1001) of the Fire Department's connection -to enable better fire fighting capabilities. Mr. Kenneth P. Fedder, Attorney at Law, 300 First Bank Building, South Bend, Indiana, representing Mr. David L. Collier, applicant, along with Mr. David L. Collier, 1429 East Colfax, South Bend, Indiana, were present at the meeting and addressed the Board. Mr. Fedder advised Board members that there is no problem with meeting the requirements of the Department of Code Enforcement and Fire Department and he will continue to cooperate with both departments in correcting violations. He stated that the business proposed by the license is a good viable business to; the community. He further advised that the Board of Zoning Appeals at their meeting held on November 15, 1984, recommended favorable approval of the license. As a point of clarification, Mr. Fedder advised the Board that on the license application where the type of license applied for must be designated, both recycling operation and transfer station were checked. Mr. Fedder stated that inherent in the operation of the recycling station, the product will have to be transported to the user. Therefore, the transfer station category was checked. However, this operation would not be the type of transfer station where materials would be dumped and then taken to the landfill. Mr. Fedder stated that the applicant knows what his responsibilities and duties are and will abide by them. Further, the facility will not open for at least twelve (12) months. In order to clarify Mr. Fedder's concern regarding the facility being a recycling station and transfer station, Mr. Hill stated that essentially he understands Mr. Fedder in saying that the only transport is the product being removed from the facility. He stated that he does not view that as within the definition of a transfer station being required for a license. Mr. Hill stated that he would prefer not to have that type of license granted so that it is clear that an actual transfer station would not be located at the site and that the license application submitted is solely for a recycling operation. Mr. Fedder, in order to clarify the point, described the process to be used at the recycling station. He stated that merchandise will be received from a supplier and then used to produce the finished product. If some of the merchandise received from the supplier is unacceptable, it will be stored until a considerable amount has accumulated and will then be returned to the supplier. In that instance the operation could be construed as a transfer station operation. 1 435 REGULAR MEETING NOVEMBER 26, 1984 Mr. Hill advised Mr. Fedder that it is his opinion that the operation would not need the transfer license to operate in the manner described. To further clarify the point, Mr. Hill read Section 4-51(a)(6) of the South Bend Municipal Code siting the definition of a transfer station. Mr. Hill further advised Mr. Fedder that he understands the concerns expressed but if the Transfer Station license would be granted from the Board it would give the applicant the right to have garbage and any other materials brought in to the transfer station. It is the Board's understanding that this is not the intent of this business. Mr. Hill read Section 4-51(a)(2) of the South Bend Municipal Code outlining the definition of a Recycling Operator in order to assure Mr. Fedder that he does not need the Transfer Station license for the type of business to be conducted. Mr. Fedder asked that the Board remove from the license application of Something of Value, Inc. the designation of Transfer Station originally indicated on the application. Therefore, upon a motion made by Mr. Hill, seconded by Mr. Vance and carried, the application of Something of Value, Inc. was amended to indicate that the application was for a Recycling Operation only. Mr. Leszczynski indicated that due to the list of ten (10) Department of Code Enforcement violations and twelve (12) Fire Department violations that need to be corrected before the operation can begin, he is uneasy about recommending issuance of a license at this time and it would be his preference to know when the violations will be corrected. Mr. Fedder stated that the business will begin operation approximately twelve (12) months from now and all violations will be corrected. He further stated that the applicant wishes the license granted at this time so he can proceed with securing contracts with a supplier and the Bendix Corporation. Without the assurance of a license, the contracts cannot be executed. Mr. Hill advised Mr. Fedder that the Board understands the intent but also understands that the application must go through the complete process in order to be considered for issuance. He stated that the Board would only want to recommend the issuance of the license subject to full compliance with the violations indicated in the above referred to reports. The Common Council would have some concern as to what type of timetable has been developed to have those items taken care of. Mr. Collier advised that no violations will be corrected until the summer of 1985. Mr. Leszczynski recommended to the Board that the matter of the license application be tabled in order for the applicant to meet with the Department of Code Enforcement and the Fire Department to develop a detailed schedule addressing the various code and fire violations, said timetable to be presented to the Board and the Common Council on December 3, 1984, so it will be known when the violations can expect to be corrected. Mr. Hill stated that the Board would be in a position at that time of granting the license subject to the work being done in accord with the definite timetable and any approval given would be contingent on that timetable. Councilwoman Beverly Crone was present and asked why a 1984 license is being sought at this time instead of waiting until 1985, if the operation will not begin for at least twelve months. In response, Mr. Fedder advised that the operation is still in the planning stage and contracts with the supplier and with the Bendix Corporation must be signed now in order to assure their business when the operation is ready to begin. 436 REGULAR MEETING NOVEMBER 26, 1984 Councilman Thomas Zakrzewski was present and asked what has developed since the public hearing of the Board of Zoning Appeals in that the application indicated that a Transfer Station and Recycling Operation would be conducted. Mr. Fedder explained that in the past the license applications contained one place to be checked -off for Transfer Station and Recycling Operations and in order to complete the application as accurately as possible, both items were checked -off on the new application. Mr. Hill confirmed that Mr. Fedder did have discussions with his office approximately two (2) weeks ago regarding this matter of correctly completing the license application. Councilwoman Beverly Crone asked if Mr. Fedder anticipated that all contracts with the supplier and the Bendix Corporation would be signed when the applicant comes back for renewal in 1985. In response Mr. Fedder answered yes, but also stated that if the application discussed today is not received by the Common Council until January of 1985, the contracts might not be signed. Mr. Collier stated that Bendix's first question to him is whether or not all the legalities have been worked out with the City as they are making a substantial investment in this operation. Mr. Zakrzewski stated that along those same lines, the City must be sure that all legalities are worked out on its part before the license can be granted. There being no further discussion regarding this matter, upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the Recycling Operation license application of Something of Value, Inc. was continued until December 3, 1984, in order to give the applicant time to meet with the Department of Code Enforcement and the Fire Department to formulate a timetable in which all violations can expect to be corrected, said timetable to be presented to the Board on December 3, 1984. FILING OF FINAL ASSESSMENT ROLL #2992 - LANDMARK BUSINESS PARK (IMPROVEMENT RESOLUTION NO. 3521-84 BRICK ROAD, CURBS & STREETS) In a letter to the Board, Mr. John E. Leszczynski, Director, Public Works, submitted Final Assessment Roll No. 2992 in the amount of $147,507.55 for the above referred to project. Mr. Leszczynski stated that improvements have been completed by all contractors. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the Final Assessment Roll #2992 was filed and a public hearing date of December 10, 1984 was set to hear remonstrances from affected property owners concerning the amounts assessed. APPROVE VEHICLE STORAGE AGREEMENT - CITY OF SOUTH BEND/TRANSPO Ms. Katherine Barnard, Department of Code Enforcement, submitted to the Board for approval a Vehicle Storage Agreement between the City and Transpo for the storage of three (3) tractors owned by the City of South Bend's Code Enforcement Department at the Transpo facility at 901 Northside Boulevard, South Bend, Indiana. The term of the Agreement shall be from the date of its execution until the tractors are removed voluntarily by the Code Enforcement Department or at the request of Transpo. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above referred to Agreement was approved and executed. APPROVE REQUEST OF BAKER RUBBER, INC. TO PLACE A TEMPORARY OFFICE TRAILER AT 700 WEST CHIPPEWA AVENUE In a letter to the Board, Ms. Carol S. Heald, Purchasing Manager, Baker Rubber, Inc., 700 West Chippewa Avenue, South Bend, Indiana, requested permission to place an office trailer at their 1 1 1 437 REGULAR MEETING NOVEMBER 26, 1984 facility for a maximum of nine (9) months. Ms. Heald advised that the twelve foot (12') wide by sixty foot (60') long trailer will provide additional administrative office space for existing employees. Placement of the office trailer will be east of the existing office building. Submitted along with the letter was a Site Plan and a Job Site Trailer Plan. Mr. Leszczynski advised that Mr. Ralph J. Wadzinski, Manager, Bureau of Traffic and Lighting, Mr. Jack A. Mathews, Building Commissioner and Assistant Fire Chief George Gyori have reviewed this request and recommend approval subject to the various Building Department and Fire Department requirements being met. Upon a motion made by Mr. Vance, seconded by Mr. Hill and carried, the request was approved subject to the above referred to requirements as recommended being met. APPROVE REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS APPROXIMATELY THIRTY-FIVE (35) VEHICLES FOR THE 1985 POLICE AUTO FLEET In a letter to the Board, Police Chief Charles T. Hurley, requested that the Board advertise for the receipt of bids for approximately thirty-five (35) vehicles for the 1985 police auto fleet. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above request was approved. REQUEST OF MICHIANA WATERSHED, INC. TO CONDUCT 15TH ANNUAL ST. JOSEPH RIVER RUN - MAY 18, 1985 REFERRED In a letter to the Board, Mrs. Jean W. Sharp, President, Michiana Watershed, Inc., St. Joseph County Chapter, P.O. Box 1284, South Bend, Indiana, requested permission to conduct the 15th annual St. Joseph River Run on Saturday, May 18, 1985. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the above request was referred to the Police Department, Fire Department and the Bureau of Traffic and Lighting for review and recommendation. REQUEST OF CURTIS PRODUCTS FOR RELEASE OF EASEMENT REFERRED In a letter to the Board, Mr. D. G. Yundt, Vice -President Sales, Curtis Products, 228 East Bronson Street, Box 1107, South Bend, Indiana, requested a Release of Easement concerning the sanitary sewer for that portion of vacated Columbia Street south of Bronson Street to the end of Columbia Street. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above request was referred to the Engineering Department and City Attorney's office for review and recommendation. FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORT A report from the Department of Code Enforcement indicating a total of twenty-eight (28) properties cleaned from November 19, 1984 to November 21, 1984 was submitted. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the report as submitted was filed. APPROVE CLAIMS City Controller Michael L. Vance submitted Claim Docket No. 22547 through Claim Docket No. 23350 and recommended approval. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the claims were approved and the report filed. • REGULAR MEETING NOVEMBER 26, 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 10:10 a.m. 2!9fin E. Leszczy s i Richard L. Hill Michael L. Vance ATTEST: Sandra M. Parmerlee, Clerk