Loading...
HomeMy WebLinkAbout12/03/84 Board of Public Works MinutesREGULAR MEETING DECEMBER 3, 1984 The regular meeting of the Board of Public Works was convened at 9:32 a.m. on Monday, December 3, 1984, by President John E. Leszczynski, with Mr. Leszczynski, and Mr. Michael L. Vance present. Board member Richard L. Hill was -not An attendance. Also present was Assistant City Attorney Carolyn V. Pfotenhauer. AGENDA ITEM ADDED Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, a request to advertise for the receipt of bids for one (1) or more street sweepers was added to the agenda. APPROVE MINUTES'OF PREVIOUS MEETING Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance, and carried, the minutes of the November 26, 1984, regular meeting of the Board were approved. ADOPTION OF RESOLUTION NO. 25-1984 - RE: RECYCLING OPERATION LICENSE APPLICATION (SOMETHING OF VALUE, INC., 1100 PRAIRIE AVENUE Mr. Leszczynski advised that the matter of the recycling operation license application of Something of Value, Inc., 1100 Prairie Avenue, South Bend, Indiana, was continued from November 26, 1984 to this date. 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. Mr. Fedder addressed the Board. Mr. Fedder advised that pursuant to the request of the Board made on November 26, 1984, his client has submitted a timetable to meet the various building and fire code violations and is prepared to answer any other questions the Board may have at this time. He further stated that they foresee no problems in correcting the fire and building code violations as recommended by the Department of Code Enforcement and Fire Prevention Bureau. Mr. Fedder stated that it is anticipated that the operation will be in full service in 1986. He requested that the Board recommend the approval of this recycling operation so the applicant can proceed to the Common Council for their approval of a Resolution and the applicant can commence negotiations with the supplier and the Bendix Corporation. Ms. Katherine Barnard, Director, Department of Code Enforcement was present and addressed the Board. She advised that she has reviewed the timetable as submitted by the applicant. Pursuant to the request of the Board on November 26, 1984, Ms. Barnard met with the Fire Prevention Bureau and the Building Commissioner and did correspond with the applicant requesting construction drawings, a construction schedule and assurance that all state and local code requirements will be complied with and assurance that they will not occupy the structure or start the operation until the building has been inspected and an Occupancy Permit has been granted by the Department of Code Enforcement. It was noted that the applicant provided information which indicated that only the far east high -bay area of the building will be used. Additionally, the applicant provided a construction schedule indicating items to be completed in four, six and ten months. Mr. Sylvester Gerschoffer, President, Rum Village Neighborhood Association, 2101 Prairie Avenue, South Bend, Indiana, was present and inquired about the time schedule for violations to be corrected. Mr. Leszczynski advised Mr. Gerschoffer that all building and fire code violations must be complied with before a license to operate can be approved. Mr. Fedder also explained the proposed time schedule to Mr. Gerschoffer. Mr. Gerschoffer REGULAR MEETING DECEMBER 3, 1984 also inquired why the designation of transfer station was removed from the original license application. He was advised, that pursuant to discussions held at the Board meeting held on November 26, 1984, the issue of a transfer station was discussed and it was determined that that designation should be eliminated from the application. Mr. Gerschoffer inquired if the Board could ask the applicant for some type of commitment that he will not go into the trash business as in the past Mr. Collier has changed his mind regarding the type of business to be operated. In response, Mr. Fedder and Mr. Leszczynski advised that the Board Resolution considered for adoption this date, addressed that issue and that the applicant is limited to the type of recycling operation outlined in the Resolution. Should another type of operation wish to be conducted, the applicant would have to reapply to the Board. Should the applicant change the type of operation and not reapply, the operation will be closed down. Board Attorney Carolyn V. Pfotenhauer advised that what the Board is required to do is make a recommendation to the Common Council whether or not a recycling operation license should be granted. In order to do that, the Board must receive favorable recommendations from the Department of Code Enforcement and the Fire Prevention Bureau. Both of those departments did give favorable recommendations subject to certain building and fire code violations being corrected. The Board is now in a position to make a determination. Further, any recommendation that the Board would make would be limited to there being approval by the Board of Zoning Appeals for the recycling of materials and recycling limited to selected industrial waste and for no other purpose. Mr. Gerschoffer inquired of Board members if they inspected the premises at 1100 Prairie Avenue which is proposed for this recycling operation. Board Attorney Carolyn V. Pfotenhauer advised Mr. Gerschoffer that it is the responsibility of the Department of Code Enforcement and the Fire Prevention Bureau to do the inspections and provide the Board with a report and recommendation. Mr. Leszczynski and Mr. Vance did' -state however that they are familiar with the building and have -been in it in the past for other reasons. Ms. Pfotenhauer advised that the Board at this time can recommend to the Common Council that the license be granted only after all building and fire code violations, approval of building plans, and compliance with all state and local occupancy requirements and receipt of an Occupancy Permit from the City are secured. Mr. Frank Kuminecz, 1534 South Nash Street, South Bend, Indiana, was present and addressed the Board. Mr. Kuminecz stated that he is against the City granting approval to the applicant to conduct the recycling operation known as Something of Value, Inc. and believes it is a mistake to grant approval. He stated that he believes that there is no way they can comply with the code violations as the building has been idle for twenty-one years. There being no one else present wishing to speak either for or against this license application, upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the following Resolution No. 25-1984 was adopted: RESOLUTION NO. 25-1984 WHEREAS, a license application for a recycling operation has been received by the Board of Public Works; and REGULAR MEETING DECEMBER 3, 1984 441 1 WHEREAS, at the public hearing held on November 15, 1984, the Board of Zoning Appeals approved the location of a recycling operation at 1100 Prairie Avenue, South Bend, Indiana, provided that the materials received for recycling consist only of selected industrial waste, limited to paper, cardboard, wood, plastic and metal; and WHEREAS, Section 4-51(f) of the South Bend Municipal Code requires that the Board receive favorable review of a proposed recycling operation by the Department of Code Enforcement and the Fire Prevention Bureau prior to making its recommendation to the Common Council for issuance of a recycling license; and WHEREAS, inspections of the property have been completed by the Department of Code Enforcement and Fire Prevention Bureau as required by Chapter 4, Article 4, Section 4-51 of the Municipal Code; and WHEREAS, the reviews of the Department of Code Enforcement and the Fire Prevention Bureau were favorable subject to the correction of certain building and fire code violations as shown on attached Exhibits A and B. NOW THEREFORE, BE IT RESOLVED that the Board of Public Works of the City of South Bend, Indiana, recommend that a license for the operation of a facility for the recycling of industrial waste as approved by the Board of Zoning Appeals at its meeting held on November 15, 1984, be issued to Something of Value, Inc., 1100 Prairie Avenue, South Bend, Indiana, after approval of building plans, correction of all building code and fire code violations as shown on attached Exhibits A and B, compliance with all state and local occupancy requirements and receipt of an Occupancy Permit from the City of South Bend. BE IT FURTHER RESOLVED that this Resolution shall be submitted to the Common Council for its consideration and adoption of an appropriate resolution. DATED this 3rd day of December, 1984. BOARD OF PUBLIC WORKS s/John E. Leszczynski s/Michael L. Vance ATTEST: s/Sandra M. Parmerlee, Clerk OPENING OF BIDS - TOWING AND STORAGE OF ABANDONED VEHICLES This was the date set for receiving and opening of sealed bids for the towing of abandoned vehicles and the storage of abandoned vehicles. 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 bids were opened and publicly read: REGULAR MEETING DECEMBER 3, 1984 SOUTH BEND AUTO PARTS MR. CHARLES T. RHOADES, OWNER 1802 South Main Street South Bend, Indiana 46613 TOWING: $25.00 for normal towing $30.00 for towing with dollies or abnormal towing $ 7.50 for calls where the car is no longer there or towing is not allowed by the owner. STORAGE: $1.50 per day, per car, with no minimum or maximum RAY'S TOWING SERVICE AND PHILLIPS 66 RAYMOND R. BRADFORD 1643 Prairie Avenue South Bend, Indiana TOWING: $30.00 per car $35.00 per truck $35.00 for piggybacks $ 4.00 for calls where the car is no longer there STEVE AND GENE'S AUTO TRUCK SALES MR. GENE HANCZ 3109 South Gertrude Street South Bend, Indiana STORAGE: $550.00 per month for calendar year 1985 TOWING: $30.00 per car $35.00 per car with no wheels, or hard to tow $ 5.00 for calls where the car is no longer there Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the above bids were referred to the Department of Code Enforcement for review and recommendation. PUBLIC HEARING AND RECOMMENDATION - HOUSE MOVE FROM 601 LINCOLNWAY EAST TO 615 SOUTH FELLOWS STREET This was the date set for the public hearing on the matter of a house move from 601 Lincolnway East to 615 South Fellows Street. It was noted that a Purchase Agreement in the amount of $1.00 for the sale of this property to South Bend Heritage Foundation was approved by the Board on November 19, 1984. An application for a Moving Permit was received from Lykowski Construction Company, 21707 West Ireland Road, South Bend, Indiana, to move a wood frame 5016"x291x3l' (loaded) house owned by South Bend Heritage Foundation which will take approximately six (6) hours. In a memorandum to the Board, Mr. Jack A. Mathews, Building Commissioner, indicated that in addition to the application being provided, an Application for Certificate of Appropriateness from the Historic Preservation Commission, a site plan, a letter from Lykowski Construction, Inc. submitting the route to be used and the recommendation of Mr. Ralph J. Wadzinski, Manager, Bureau of Traffic and Lighting, were being submitted for consideration. Mr. Wadzinski advised that local roads will be utilized so no State Highway permits will be required. Further, no signal contractor will be required to assist with this move. He recommended approval of the following route: L.W.E. East to Bronson, thence, Bronson West to Fellows, thence, Fellows North to destination. 443 REGULAR MEETING DECEMBER 3, 1983 It was noted that before the Building Department will issue the Moving Permit, affidavits from the appropriate utility companies involved must be secured. It was further noted that Lykowski Construction Company has on file with the Board of Public Works a Certificate of Insurance in the amount of $1,000,000.00. There being no one present wishing to speak for or against the move, upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the public hearing on this matter was closed and the Moving Permit application for Lykowski Construction Company was approved. APPROVE COMMUNITY DEVELOPMENT ADDENDA The following Community Development addenda were presented to the Board for approval: ADDENDUM III SOUTH BEND HERITAGE FOUNDATION SOUTH BEND HERITAGE HOUSING PROGRAMS Addendum III provides for the rearranging of funds to allow the moving of a structure at 601 Lincolnway East to a new location within the Monroe Park residential area in accordance with guidelines attached as Appendix VII. No additional funds are added to the original project. ADDENDUM IV YOUTH SERVICE BUREAU RENT -A -TEEN ACTIVITY Addendum IV provides for the addition of $2,000.00 to the Personnel cost category to carry the program through October 31, 1984. The total cost of this activity shall not exceed $18,030.00, with personnel costs not exceeding $16,950.00 and non -personnel costs not exceeding $1,080.00 ADDENDUM I NEIGHBORHOOD HOUSING SERVICES OF SOUTH BEND, INC. NHS HOUSING ASSISTANCE PROGRAMS Addendum I indicates a change in the administrative "match" procedures, the maximum amount per unit for acquisition/rehabilitation and update of low/moderate income information. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the above addenda were approved and executed. REQUEST OF ST. JOSEPH COUNTY CHAPTER OF MARCH OF DIMES.TO CONDUCT 15TH ANNUAL WALK AMERICA (APRIL 27, 1985) REFERRED In a letter to the Board, Ms. Diana M. Dolde, St. Joseph County Administrator of the March of Dimes Birth Defects Foundation, requested permission to conduct the 15th Annual WalkAmerica on April 17, 1985, utilizing the same route as used in prior years, with the walk beginning and ending in Potawatomi Park. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance 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 ADVERTISE FOR RECEIPJT'OF BIDS - ONE (1) OR MORE STREET SWEEPERS In a letter to the Board, Mr. John E. Leszczynski, Director, Public Works, requested that the Board advertise for the receipt of sealed bids for one (1) or more street sweepers. Mr. Leszczynski stated that this request is contingent upon receiving Common Council approval for funding. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the above request was approved. REGULAR MEETING DECEMBER 3, 1984 APPROVE REQUEST OF SOUTHOLD DANCE THEATER FOR ASSISTANCE WITH PARKING AND TRAFFIC CONTROL FOR NUTCRACKER CHILDREN'S CONCERTS (DECEMBER 12, 13 & 14) In a letter to the Board, Mr. Larry J. Clifford, 115 North William Street, South Bend, Indiana, on behalf of Southold Dance Theater, requested assistance for parking and traffic control on December 12, 13 & 14, 1984. Mr. Clifford advised that Southold Dance Theater will present six (6) Nutcracker Children's Concerts for area school children on these dates at the Morris Civic Auditorium. He is requesting that "no parking" zones be designated on both sides of Woodward Court, both sides of Michigan Street between Washington and Colfax and the north (westbound) side of Colfax Street between Michigan and Main Streets from approximately 7:30 a.m. to 2:00 p.m. each day. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the above request was approved subject to favorable recommendations being received from the Bureau of Traffic and Lighting and the Police Department Traffic Division concerning this request. APPROVE RELEASE OF EASEMENT - PORTION OF VACATED COLUMBIA STREET SOUTH OF BRONSON STREET TO THE END OF COLUMBIA STREET In response to the November 26, 1984, request of Curtis Products, 228 East Bronson Street, South Bend, Indiana, Board Attorney Carolyn V. Pfotenhauer submitted to the Board for approval a Release of Easement releasing and terminating all rights and interest in an easement retained by the City for sewer and drainage in the vacated portion of Columbia Street south of Bronson Street to the end of Columbia Street. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the Release of Easement was approved and executed. FILING OF RESOLUTION AND NOTICE OF OFFICIAL ACTION OF INDIANA DEPARTMENT OF HIGHWAYS ESTABLISHING PREFERENTIALITY ON WESTERN AVENUE (STATE ROAD 2) AND SUMMIT DRIVE Mr. Leszczynski presented to the Board a Resolution and Notice of Official Action of the Indiana Department of Highways indicating that preferentiality shall be established at the intersection of SR2 (Western Avenue) and Summit Street in the City of South Bend, St. Joseph County, as follows: This intersection is signalized and in the event of need for a flashing operation of the signals, the signals shall flash Red to all approaches. All traffic on all approaches shall Stop before entering the intersection of SR2 (Western Avenue) and Summit Street during the flashing operation of the Traffic signals. Mr. Leszczynski advised that Mr. Ralph J. Wadzinski, Manager, Bureau of Traffic and Lighting, has reviewed this Resolution and Notice of Official Action and advises that it is the result of the request of the Bureau of Traffic and Lighting. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the above referred to Resolution and Notice of Official Action was accepted for filing as submitted. APPROVE HANDICAPPED PARKING PERMIT Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the following one (1) handicapped parking permit application was approved and referred to the Deputy Controller's office for issuance of a permit: Eugene B. Waggoner, 17390 Battles Road, South Bend, IN APPROVE LICENSE APPLICATIONS - OPEN AIR STANDS Mr. Leszczynski advised that the following license applications have been received: REGULAR MEETING DECEMBER 3, 1984 445 1 1 1. NAME: BY: ADDRESS: STAND TO BE LOCATED AT: DATES: FOR THE PURPOSE OF: 2. NAME: BY: ADDRESS: STAND TO BE LOCATED AT: DATES: FOR THE PURPOSE OF: 3. NAME: BY: ADDRESS: STAND TO BE LOCATED AT: DATES: FOR THE PURPOSE OF: CHRISTMAS TREE SALES Julie A. Morgan 1110 E. Milton Street, S.B. Vacant lot on the corner of South Main Street and Chippewa 12/3/84 - 12/22/84 Selling Christmas Trees PERRI'S CHRISTMAS TREES Ross A. Perri 425 W. llth, Mishawaka Corner of Logan & Jefferson 12/3/84 - 12/25/84 Selling Christmas Trees CHRISTMAS TREE STAND AT DARI-O Ernest H. Stacy 2308 L.W.W., S.B. 2308 L.W.W., S.B. 12/3/84 - 12/30/84 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 above applications. Additionally provided with the applications were letters of permission from the property owners. It was noted that the Department of Code Enforcement advised that the location of the open air stand on the vacant lot at Logan and Jefferson (325 South Logan Street) is an "A" Residential area. However, because of the prior use of this property for open air stands and because of the location between two establishments zoned "C" Commercial, it has been the Board's position to recommend approval of said location. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the above license applications were approved and referred to the Deputy Controller's office for issuance. APPROVE PETITION FOR THE ESTABLISHMENT OF A RESIDENTIAL PARKING ZONE - ONE-HALF OF THE 300 BLOCK OF WEST NAVARRE FROM LAFAYETTE ST. WEST TO PARK AVENUE ON THE NORTH, MARION CT. ON THE SOUTH SIDE Mr. Leszczynski advised that Mr. Ralph J. Wadzinski, Manager, Bureau of Traffic and Lighting has reviewed the Petition as referred to above submitted to the Board on October 8, 1984, by Mr. Daniel W. Allin, 320 West Navarre, South Bend, Indiana, and signed by eighteen (18) residents, and recommends approval. Mr. Wadzinski advised that a study of the area revealed that curb occupancy in excess of 75% and non-resident vehicle registration in excess of 25% for nine (9) consecutive hours satisfies requirements of ordinance requirements for a restricted residential parking zone. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, this request and recommendation in the form of a Traffic Control Device was approved. APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the following three (3) traffic control devices were approved: 1. NEW INSTALLATION - Residential Parking Mon. -Sat. 8A-6P - 300 W. Navarre (Lafayette to Park Lane) 4 '' 9 REGULAR MEETING DECEMBER 3, 1984 2. REVISE TO 15 MIN. PARKING E. Jefferson. (3 store the existing 15 mi to include the 1 h are only 2 spaces (and in accordance zones) the change turnover.) - North side of 100 front businesses request a. zone (1 space) be extended our zone (1 space). As there on the north side of the street with the revamping of the CBD should promote curb space 3. RELOCATION OF AND REVISED TO - 30 Min. zone/ 6A-6P, M-F - Handicap Permit Zone - No Parking East 1/2 block of the north side of 200 W. Jefferson (1st Bank Building area). (to relocate and revise the existing parking zones: 1. remove all zone. 2. Revise to: from X-Walk; west 20' no parking; west 18' 30 min. Handicap zone; west 18' 30 min. zone; west 35' no parking; west 18' 15 min. zone; west to C-C Bldg., NP Zone (approx. 120 ft.) 30 min. zone (existing). APPROVE CONTRACTOR'S BOND Mr. Melvin Humphrey, Engineering Department, recommended that the Contractor's Bond for Mel Whittaker, d/b/a Mel's Tree Service and Contracting be approved retroactive to November 29, 1984. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the above Contractor's Bond was approved. FILING OF CERTIFICATES OF INSURANCE Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the Certificates of Insurance for the following companies were accepted for filing as submitted: 1. Thorton Electric of Niles, Inc. 1340 East Main Street Niles, Michigan 2. Gratzol & Nicodemus Roofing & Sheet Metal, Inc. 25809 Borg Road Elkhart, Indiana FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORT A report from the Department of Code Enforcement indicating a total of thirty-two (32) properties cleaned from November 26, 1984 to November 30, 1984 was submitted. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the report as submitted was filed. APPROVE CLAIMS Ms. Jane Cleaver, Executive Director, St. Joseph County Job Training Program submitted a list containing thirty-three (33) claims and recommended approval. Additionally, City Controller Michael L. Vance submitted Claim Docket No. 23351 through Claim Docket No. 24082 and recommended approval. Upon a motion made by Mr. Vance, seconded by Mr. Leszczynski and carried, the claims were approved and the reports as submitted were filed. PRIVILEGE OF THE FLOOR: CONCERN OF CITIZEN REGARDING COMPUTATION OF WATER BILLINGS Mr. Frank Kuminecz, 1534 South Nash Street, South Bend, Indiana, was present and addressed the Board. 1 REGULAR MEETING DECEMBER 3, 1984 447 1 1 1 Mr. Kuminecz stated that he, as well as other residents in the Rum Village area, are having problems with the reading of their water meters. He advised that his usage is being estimated and consequently he is paying more than he should be. He further stated that the system worked better when the meters were read by meter readers and recommended that those individuals be put back on the payroll instead of having the monthly billings estimated. He stated that he has been having this problem for the last five months as well as having had this problem several years ago. In response, Mr. Vance advised of the Water Works, responsible Commissioners. He stated that that Board and Mr. Jacobs will ADJOURNMENT There being no further business motion made by Mr. Leszczynski, carried, the meeting adjourned ATTEST: V. - it, /x ,Sandra M. Parmerlee, Clerk that Mr. Al Jacobs is to the Board of Water this complaint will be be asked to look into the Director referred to the matter. to come before the Board, upon a seconded by Mr. Vance and at 10:06 a.m. _�..� � — HIM �•E. Leszctyhgki al-ax( Michael L. Vance