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HomeMy WebLinkAbout08/31/1981 Board of Public Works Minutes51 REGULAR MEETING AUGUST 31, 1981 The regular meeting of the Board of Public Works was convened at 9,:30 a.m., on Monday, August 31, 1981, by President John E. Leszczynski, with Mr. Leszczynski, Mr. Richard L. Hill and Mr. Joseph E. Kernan present." Also present was Deputy City Attorney James A. Masters. MINUTES OF PREVIOUS MEETING APPROVED Upon a motion made by Mr. Hill, seconded by Mr. Kernan and carried, the minutes of the August 24, 1981, regular meeting of the Board were approved as submitted. AGENDA ITEM ADDED Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the acceptance of a Quitclaim Deed for a portion of right-of-way on Portage Avenue was added to the agenda immediately following the assessment roll hearing on Vacation Resolution No. 3510, 1981. OPENING OF BIDS - CURB AND PAVEMENT IMPROVEMENTS (� (CLEVELAND AND VAN BUREN STREETS) This was the date set for receiving and opening sealed bids for the construction of curb and pavement improvements on Cleveland and Van Buren Streets. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri-County News which were found to be sufficient. Mr. Leszczynski stated that Community Development funds would be used for the improvements. The following bids were opened and publicly read: Ziolkowski Construction,Inc. Bid was signed by Ben Ziolkowski, 1005 S. Lafayette non -collusion affidavit was in South Bend, Indiana order, and a 5% bid bond was submitted. $60,431.00 Rieth-Riley Construction Bid was signed by Richard D. Ruhlman. P. 0. Box 1775 non -collusion affidavit was in order, South Bend, Indiana and a 5% bid bond was submitted. $59,875.00 McIntyre & Jones Construction Bid was signed by Kenneth A. McIntyre, 2526 West 6th Street non -collusion affidavit was in order Mishawaka, Indiana and a 5% bid bond was submitted. $67,675.00 Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above bids were referred to the Engineering Department for review and recommendation. OPENING OF BIDS - SALE OF CITY -OWNED PROPERTY (1919 CATALPA) This was the date set for receiving and opening sealed bids for the sale of city -owned property located at 1919 Catalpa Street. It was noted that the property was owned by the Bureau of Housing and had originally been intended to be used in the Homestead Program. It had been determined that the cost of rehabilitation would be too great, and it had been the Bureau of Housing's decision to have the property cleared and the building demolished and offer .the vacant lot for sale through the Board of Public Works. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri-County News which were found to be sufficient. Mr. Leszczynski explained that the property was being offered for sale in the amount of $462.00 and, because two individuals had expressed an interest in purchasing the lot, the city was required to legally advertise 52 REGULAR MEETING to receive sealed bids for its purchase. opened and publicly read: Edward Jerzak, Jr. 1914 South Kemble SouthBend, Indiana Clem S. Fisher 1921 Catalpa South Bend, Indiana AUGUST 31, 1981 The following bids were $605.00 610.00 Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, the high bid of Clem S. Fisher in the amount of $610.00 was accepted and the matter referred to the Legal Department for drafting of the necessary purchase agreement. VACATION RESOLUTION NO. 3512, 1981 - CONFIRMED (LUDWICK GRAPHICS) This was the date set for holding a public hearing on Vacation Resolu- tion No. 3512, 1981, for the vacation of the first alley southwest of LaPorte Avenue running northwesterly from Sancome Avenue; thence southwesterly to Wilbur Street, all being in Davis Plat to the City of South Bend, St. Joseph County, Indiana. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri-County News which were found to be sufficient. It was noted that a notice had been sent to all property owners in the vicinity of the proposed vacation and letters had been received from the various city agencies indicating that there was no objection to the proposed vacation. Mrs. Selma Derda, 642 Sancome Street, stated that,'until this time, she had been under the impression that part of the alley in question had already been vacated. She stated that she would object to the vacation of this alley, on behalf of her daughter, Mrs. Violet Gorski, 705 LaPorte Avenue, if part of her daughter's°property would be taken or she would experience access problems. Mr. Leszczynski explained to Mrs. Derda that no property would be taken from Mrs. Gorski but, in fact, Mrs. Gorski would receive seven feet of the fourteen -foot alley where it abutted her property. Mr. Ronald Karmolinski, Mrs. Gorski's son, stated that one of his mother's buildings was located on the property line. He stated that curbing had been put in by the city and the property marker was in the middle. Mr. Leszczynski ° stated that the property iron would mark the alley and would be correct. Mr. Karmolinski stated that, as long as Mrs. Gorski would retain a part of the alley for access, he would have no objection to the alley vacation. Mr. Leszczynski noted that Councilman Walter Szymkowiak had expressed his support for the vacation. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the Board confirmed the Vacation Resolution and ordered preparation of the Assessment Roll to be filed on September 14, 1981. APPROVE ASSESSMENT ROLL - VACATION RESOLUTION NO. 3510, 1981 (LOUIE'S`TUX SHOP) This being the date set, hearing was held on the Assessment Roll with respect to Vacation Resolution No. 3510, 1981, for the vacation of the first alley south of Lincolnway West, running westerly from Chapin Street (Inner Belt), to a line that is produced by extending the west property line of Lot 8 in Kunstman's Addition north to the southwest corner of Lot 5 in said Subdivision for a distance of 270 feet more or less, all being in Kunstman's Addition to the City of South Bend, St. Joseph County, Indiana. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri.-Couuty News which were found to be sufficient. The Assessment Roll lists $0.00 net benefits and $0.00 net damages to abutting properties. No written remonstrances were filed with the Board and no remonstrators were present. Upon a motion made by Mr. Hill, seconded by'Mr. Kernan and carried, the Assessment Roll was approved and said resolution is in all things ratified and confirmed and said proceedings closed., Mr. Hill noted that the Legal Department would prepare an easement on behalf of Louie's Tux Shop in favor of Mr. and Mrs. Hartie Blake, which easement is a stipulation,of the vacation as ordered by the Board at its meeting held on July 27, 1981. L- 1 53 REGULAR MEETING AUGUST 31, 1981 ACCEPTANCE OF QUITCLAIM DEED FOR RIGHT-OF-WAY (605 PORTAGE AVENUE) Mr. Leszczynski stated that a Quitclaim Deed from Gardner-Rubush Partnership, an Indiana partnership, was being submitted to the Board granting right-of-way on the southwest corner of property at 605 Portage Avenue which may be needed for future improvements as a turning radius. Mr. Hill stated that it was the recommendation of the Area Plan Commission that additional right-of-way be provided to the city when the area was rezoned.. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the deed was accepted. APPROVE PROJECT COMPLETION AFFIDAVIT (TOPSFIELD II, PART ONE) A Project Completion Affidavit covering the construction of curbs, pavement and sanitary and storm sewers in Part One of Topsfield II Subdivision in the amount of $34,550.00 was submitted on behalf of Romy Hammes, Inc. Mr. Leszczynski noted that an Irrevocable Letter G) of Credit for 10% of the project was also being submitted in lieu of a maintenance bond, which Letter of Credit expired on August 31, �. 1984. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the Project Completion Affidavit was approved and the Letter of Credit filed. Q FILING OF SHAMROCK FORD'S ACCEPTANCE OF BID AWARD - STREET DEPT. CHASSIS The Board acknowledged receipt of a letter dated August 28, 1981, from Brad L. Tinkham, President of Shamrock Ford Truck Sales, accepting the city's award of two tandem axle truck.chassis in the amount of $74,207.00, which award was made at the August 17th Board meeting and again confirmed at the August 24th meeting. ADOPTION OF RESOLUTION NO. 18, 1981 (SALE OF CITY -OWNED PROPERTY) RESOLUTION NO. 18, 1981 WHEREAS, the Board of Public Works of the City of South Bend has compiled a current detailed inventory of all real property owned by the City of South Bend, Indiana, pursuant to Chapter 14.5 of the Municipal Code of 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 are not necessary to the public use and are not set aside by state and city laws for public purposes, pursuant to Chapter 14.5 of the Municipal Code of the City of South Bend; 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 Chapter 14.5 of the Municipal Code of the City of South Bend. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend, Indiana: 1. 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 and city law for public purposes: 112 E. Ohio 117 Birdsell 238 E. Paris 1220-1224 W. Colfax 213 S. Illinois (Homestead Property) Deed No. 767 1255 984 1121 and 1003 54 REGULAR MEETING AUGUST 31, 1981 2 That this Resolution shall immediately, upon its adoption, be submitted to the Common Council of the City of South Bend, pursuant to Chapter 14-.5 of the Municipal Code of the City of South Bend. Adopted this 31st day of August, 1981. BOARD OF PUBLIC WORKS s/ John E. Leszczynski s/ Richard L. Hill s/ Joseph E. Kernan ATTEST: s/ Barbara J. Byers, Clerk Upon a motion made by Mr. Kernan, seconded by Mr. Leszczynski and carried, the above resolution was adopted. APPROVE OUTDOOR BILLBOARD DISPLAY FOR UNITED WAY (MORRIS GREEN) Mr. Donald Rauschenberg, representing United Way, requested permission from the Board for the display of a mobile, outdoor billboard in the small park directly across the street from the Marriott Hotel site and in front of the Morris Civic Auditorium commencing just prior to September 24th and ending November loth. The billboard itself would have a vertical thermometer that would be reposted periodically showing the year's progress toward the United Way goal. Mr. Kernan stated that a similar request had been approved by the Board last year. Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, the request was approved. APPROVE CANOPY CONSTRUCTION AT OLD I & M BUILDING ON COLFAX AVENUE Mr. Robert Hinsch, Sales Manager of City Awning of South Bend, submitted a request for permission to erect an entrance canopy across the city sidewalk at the old I & M Building in the 300 block of East Colfax Avenue. It was noted that the front edge of the canopy would be one foot from the edge of the existing curb; the front legs would be two feet from the existing curb edge; the front and sides of the frame would be eight feet from the sidewalk; and the bottom of the cloth valance would be seven feet from the sidewalk. Mr. Leszczynski stated that the Building Department had no objection to the erection of the :canopy provided it was of a fire -retardant material. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the request was approved provided the canopy is of a fire retardant material as recommended by the Building Com missioner, and subject to the filing of the appropriate Certificate of Insurance by the owners of the complex. APPROVE BLOCK PARTY REQUEST - EDGEWATER DRIVE The Bureau of Traffic and Lighting recommended approval of the block party request on Edgewater Drive from Monroe to Arch for September 13, 1981, from noon to 11:00 p.m., subject to the maintenance of a 12-foot clear and unobstructed lane at either curb or down the center of the street for emergency vehicle access. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the block party was approved subject to the above recommendation of the Bureau of Traffic and Lighting. 55 REGULAR MEETING AUGUST 31, 1981 APPROVE ENVIRONMENTAL CLEAN-UP OF LOTS A request from the Neighborhood Code Enforcement Office was received for permission to have city environmental crews clean the following lots within the city: 713 Lindsey 703 George 805 Leland 617 Lincolnway East 1801 Elwood 127 N. St. Louis 601 Blaine 210 E. Pennsylvania 202 S. Walnut Lot S. of 525 River 203 N. Albert 116 N. Niles 605 S. Jackson W. Angela from Ostego to Lafayette 2109 Warren corner S. St. Joseph & Monroe 215 E. Dayton 605 Harrison 1006 E. Milton 1907 S. Lafayette Lot W. of 439 E. Colfax 226 S. Meade 1023 Woodward 617 S. Rush G) 307 S. Walnut 619 S. Rush � 409 N. Cushing 628 S. Fellows qzi. 1527 W. Colfax 233 E. Dayton 1905 S. Lafayette 310 N. O'Brien 710 E. Broadway 606 N. Blaine 402 E. Dubail 314 E. Bowman 774 Lincolnway East It was noted that property owners had been advised to clean up the lots and had failed to comply. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the request was approved. APPROVAL OF CONTRACTOR'S BONDS Mr. Ray S. Andrysiak recommended approval of the following Contractor's Bonds retroactive to August 25th and August 26th respectively: Leonard E. Woodruff Pedro Garcia Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above Contractor's Bonds were approved retroactively. FILING OF CERTIFICATES OF INSURANCE Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the following Certificates of Insurance were filed: Edward J. White, Inc. South Bend Shrine Club (entrance canopy) FILING OF STREET LIGHT OUTAGE REPORT The report indicated a total of three outages for the period of August 25 and 26, 1981. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the report was filed. APPROVAL OF CLAIMS Chief Deputy Controller Sherrie L. Petz submitted Claim Docket No. 15626 through No. 15895 and recommended approval. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the report was filed and the claims approved. 56 REGULAR MEETING INQUIRY RE: ANGLE PARKING AT OLD I & M BUILDING AUGUST 31. 1951 Mr. Marchmont Kovas, South Bend Tribune Reporter, questioned whether or not the existing angle parking in front'of the old I & M Building in the 300 block of East Colfax Avenue would remain since the use of the building was now changed. It was noted that angle parking is not permitted on city streets and that Colfax Avenue was a state highway. Mr. Hill stated that the developers of the structure had planned to have parking on the side of the building, and he was not sure whether or not the angle parking would remain. He advised that the Legal Department would check into the inquiry. 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 was adjourned at 10:05 a.m. 'c ar Hill o ph E . Kernan ATTEST: Barbara J. Byer , Cler