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HomeMy WebLinkAbout11/09/1981 Board of Public Works Minutes119 REGULAR MEETING NOVEMBER 9, 1981 The regular meeting of the Board of Public Works was convened at 9:30 a.m., on Monday, November 9, 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. Leszczynski, and carried, the minutes of the regular.meeting of November 2, 1981, were approved as submitted. AGENDA ITEM ADDED Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, a request to advertise to receive bids for computer services was added to the agenda. PUBLIC HEARING (CONTINUED) — IMPROVEMENT RESOLUTION NO. 3516, 1981 (WABASH STREET SANITARY SEWER PROJECT) The public hearing on the construction of sanitary sewers on (� Wabash Street from Ewing Avenue to Calvert Street, authorized �( under Improvement Resolution No. 3516, 1981, adopted by the Q Board on October 19, 1981, was continued to this meeting from the November 2nd meeting. Mr. John Voorde, Councilman at Large, explained that he was representing Mr. Gerald Dhaeze, owner of Lots 204 and 205, who, at the November 2nd meeting, was given a week to obtain signatures of property owners against the sewer construction. Mr. Voorde requested that a week extension be given to Mr. Dhaeze. Mr. Hill explained that the statutes provide that, within 10 days of the public hearing conducted by the Board, a remonstrance signed by a majority of the property owners can be submitted to the Board, which would ultimately stop the project from proceeding. He further stated that, in response to the petition filed in support of the sanitary sewers, the Board.is required to hold a public hearing (which was done on November 2nd), and, after such public hearing, the Board must make an initial determination as to whether or not the project is desired by a majority of the owners. He recommended that the Board approve the project rather than delay the matter any further; however, he stated that the 10-day appeal period would apply. In this way, if Mr. Dhaeze was able to obtain signatures of a majority of the property owners who were against the construction, the project would be stopped. Mr. Voorde stated that he felt this was acceptable and he would relay that information to Mr. Dhaeze. He stated that there were apparently 24 property owners affected. Mr. Hill agreed, advising that a majority of the persons owning property must sign the remonstrance in order to halt the project. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the public hearing was closed. Upon a motion made by Mr. Hill, seconded by Mr. Leszczynski and carried, the project as authorized under Improvement Resolution No. 3516, 1981, was approved. PUBLIC HEARING - VACATION OF GEORGE AVENUE AND SURROUNDING ALLEYS (MONROE-SAMPLE DEVELOPMENT AREA) Mr. Leszczynski stated that, in order for the Board to submit a recommendation to the Common Council concerning a petition filed to vacate George Avenue and surrounding alleys in the Monroe - Sample Development Area, a public hearing had been scheduled at this time, thus giving the Board an opportunity to hear any opposition to the proposed vacation. It was noted that notices had been sent to affected property owners advising them of the public hearing. Mrs. Ann Kolata of the Redevelopment Department staff explained that her office had filed the petition with the Council. She stated that the area was designated to be an industrial area and would be replatted in the near future to accomplish same. Mrs. Dorothy pL. Berndt, 730 East Bronson Street, 121 REGULAR MEETING NOVEMBER 9:, 1981 preference is to vacate areas that are not being used as public rights -of -way; however, his concern was also for the balance of any properties which might be landlocked as a result of the vacation. He stated that the Board cannot determine future uses of property. He stated that, if the Board could resolve the problem of access to all property owners, he would support and give a favorable recommendation for the vacation. Mr. Drendall stated that, when Cole Associates owned the property, a fence had been constructed at the eastern end which showed their intent to block off the right-of-way. Mr. Drendall wondered if the Council would be able to consider the petition at its meeting this date, and if the Board would give a favorable recommendation should Holy Cross Health Systems be agreeable to join in the petition for vacation. Mr. Hill explained to Mr. Drendall that the Board and Council were now operating under a new procedure for the vacation of public rights -of -way as authorized by statutes, and he was not sure how the matter would proceed at this point. He agreed, however, that, if the Board of Works provided a favorable recommendation to the Council, subject to Holy Cross Health Systems joining in the �- petition to vacate, the Council would be in a better position to act on the petition at its meeting tonight. Mr. John.Voorde, Councilman at Large, felt Mr. Hill's rationale made sense. He stated that he, too, appreciated Mr. Drendall`s position; however, < he felt Holy Cross Health Systems should also join in the petition since it would be affected by the vacation if approved. Mr. Hill concluded that the Board was desirous of vacating Sunnymede as petitioned; however, without the consent of all affected property owners, a favorable recommendation could not be given. Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the public hearing was closed. Upon a motion made by Mr. Hill, seconded by Mr. Kernan and carried, a favorable recommendation for the vacation of Sunnymede from 35th Street east 114 feet subject to any and all utility easements was forwarded to.the Common Council, based upon Holy Cross Health Systems' agreement to the proposed vacation. PROPOSED FUTURE HOUSE MOVE (702 RUSH STREET TO 613 CLINTON STREET) Although a proposed house move of a structure at 702 Rush Street to 613 Clinton was not scheduled before the Board at this time, several residents in the area were present inquiring about the move and the route to be taken. Mrs. Anna Fuchs, 770 Beebe Street, Niles, owner of the property in the immediate vicinity of the move, explained that she had received notice from the Building Commissioner that a public hearing would be held by the Board at this time to consider the move. Mr..Hill apologized for any inconvenience caused to the residents in appearing at the meeting, but he explained that the public hearing had not been scheduled because the property on which the house was to be moved was not yet owned by the individual.requesting the house move. He stated that the Board would be happy to hear their comments at this time so they would not have to attend a subsequent Board meeting.. Mrs. Fuchs stated that she had no objection to the house move. and the cutting of any trees which were necessary to accomplish the move; however, she felt that any damage caused to sidewalks and curbs should be corrected not at the expense of the surround- ing property owners. Mrs. Emily Karczewski, 106 Marquette, expressed concern about potential damage to the brick streets along the route and the sewers underneath.. Mr. Leszczynski explained that the house mover is required to post a bond sufficient to pay for any damage caused as a result of the move. He did not feel there would be any damage to existing sewer systems beneath the streets. The proposed route for the move was presented to Mrs. Karczewski and Mrs. Fuchs for their information. They both stated that they had no objection to 123 REGULAR MEETING NOVEMBER 9, 1981 Parking Bans: Taylor from Washington to Jefferson William from Washington to Wayne Jefferson from Taylor.to St. Joseph Ms. Dobski explained that the route and procedure in setting up the parade was the same as in past years; however, this year, additional area was being requested for parade set-up on Williams Street. Mr. Leszczynski asked if the Bureau of Traffic and Lighting had approved the closures and parking bans. Ms. Dobski stated that the above list was a result of a meeting she had had with Police Traffic Captain Thomas Gargis. Upon a motion made by Mr. Kernan, Iseconded by Mr. Hill and carried, the above closures and parking bans were approved subject to a favorable review by the Bureau of Traffic and Lighting. APPRECIATION EXPRESSED TO COMMUNITY GROUPS FOR BEAUTIFYING EFFORTS Ms. Mikki Dobski, Events Coordinator, explained that she had �. been working with a few of the local service clubs in helping d- the city perform certain beautifying efforts which were becoming increasingly difficult for the city to perform. She stated that, on November 7, 1981, members of the Michiana Watershed and the Jaycees spent a good part of the morning cleaning the weeds and debris from the LaSalle Street Bridge and canoe portage on the east side of the river. Ms. Katherine Barnard, Director of the Neighborhood Code Enforcement Office, stated that her department provided the vehicle which was used in the clean- up efforts. Upon a motion made by Mr. Hill, seconded by Mr. Kernan and carried, the Board expressed its appreciation to the Michiana Watershed and'South Bend Jaycees for their efforts in assisting on the project. ADOPTION OF RESOLUTION NO. 15, 1981 (TRASH CONTAINERS ON TREE LAWN AREAS) RESOLUTION NO. 15, 1981 WHEREAS, Section 16-12 of the South Bend Municipal Code empowers the Board of Public Works to adopt rules and regulations with respect to the placement of garbage and trash containers on tree lawn areas for collection where alley collection is not available; and WHEREAS, the Board of Public Works has determined that the prolonged placement of such containers on tree lawn areas constitutes a blight.upon residential neighborhoods, as well as a potential health hazard; and WHEREAS, the Board of Public Works has determined that the prolonged placement of garbage and trash containers on tree lawn areas constitutes a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend, Indiana: 1. That, in those areas of the city where alley collection is not available and garbage and trash containers are allowed to be placed upon tree lawn areas for collection and disposal, the containers shall not be placed on the tree lawn areas for pickup before 12:OO noon on the day prior to collection, and must be removed from the tree lawn area on the day of collection. Placing or leaving containers on tree lawn areas at any other times shall constitute a public nuisance under Section.1-23 of the South Bend Municipal Code. 125 REGULAR MEETING NOVEMBER 9, 1981 ELIMINATION OF CERTAIN TRAFFIC CONTROL DEVICES REQUESTED AT NOVEMBER 2ND BOARD MEETING Mr. Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, to whom Mr. Leslie Doty's request of November 2nd was referred concerning the elimination of certain traffic. control devices, provided the Board with the following comments: A pavement marking system for Williams and South had been designed by the Bureau of Traffic and Lighting and, if same could be installed before the end of the painting season, the stop signs. would be replaced with yield signs. The two signalized intersections of Garst and Michigan and Tutt and Michigan would be placed on a manual traffic count and a signalization study completed. Mr. Leszczynski explained that the city is required to signalize certain intersections regardless of the energy which might be saved. APPROVE SOLICITATION OF FUNDS ON RIVER BEND PLAZA (BIG BROTHERS/BIG SISTERS) A request was received from Mr. John Sherbun, Executive Director of the Big Brothers/Big Sisters organization of St. Joseph County, for permission to solicit funds on. River Bend Plaza on November 28 and 29, 1981. It was noted that the event, sponsored by the Knights of Columbus, was covered under Charitable Solicitations Permit.No. 1122. Mr. Leszczynski advised that the Board approved a similar request for the organization on December 13 and 14 last year. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the request was approved. REQUESTS TO PURCHASE CITY -OWNED PROPERTIES A request to purchase city -owned property located at 522 and 524 East Ohio Street was received from Mrs. Rolean Woods. A similar request from Dan Mitschelen, 21750 Jackson Road, inquiring into the possible purchase of city -owned lots. located at 614, 618 and 622 South Rush Street, was also received. Mr. Leszczynski noted that a request had previously been received for the properties on Rush Street, and it was not necessary to again refer the request for the various city agencies for determination. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the request of Mrs. Woods was referred to the various city agencies for a determination as to whether or not the city need retain the properties for any reason. APPROVE ENVIRONMENTAL CLEAN-UP OF LOTS A requst from the Neighborhood Code Enforcement Office was received for permission to have city environmental crews clean the following lots within the city: 1014 Allen 417 E. Broadway S. of 1937 N. Brookfield 505 S. Chicago 517 S. Chicago 746 S. Dundee 1042 N. Elmer 1315 S. Fellows 1629 Fremont 415 S. Harris 1254 Hillcrest 725 E. Indiana 101 S. Iowa Lot W. of 809 W. Jefferson S. of 1002 Johnson 602 LaPorte 2115 W. Linden 122 N. St. Peter 252 N. Sheridan 510 S. Sheridan Lot S. of 508 S. Taylor Lots btwn. 505-519 S. 29th 1534 S. Webster 1630 S. Webster It was noted that property owners had been advised to clean up the above lots and had failed to comply. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the request was approved. 126 REGULAR MEETING APPROVE RELEASE OF CONTRACTOR'S BOND (LORENZO JOHNSON' NOVEMBER 9, 1981 Mr. Ray S. Andrysiak recommended release of the Contractor's Bond of Lorenzo Johnson following his review of the request. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the release of the bond was approved. 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: Colip Electric Company Ziolkowski Construction Company Koontz -Wagner Electric (First Bank Center) APPROVE HANDICAPPED PARKING PERMITS Upon a motion made.by Mr. Leszczynski, seconded by Mr. Hill and carried, the following handicapped parking permits were approved and referred to the Deputy Controller's Office for issuance: Ernesto Hernandez, 1733 Prairie, S.B. Chester Buse (Diane Buse), 61087 U.S. 31 S., S.B. Wesley Mills, 2904 Hickory Rd., Mish. Mary Sue Clendenning, 1704 Maplehurst, Mish. Elizabeth C. Barrett, 18646 Welworth Ave., S.B. APPROVAL OF CLAIMS Chief Deputy Controller Sherrie L. Petz submitted Claim Docket No. 19806 through No. 20306 and recommended approval. Upon a motion made by Mr. Kernan, seconded by Mr. bill and carried, the report was filed and the claims approved. Mr. Elroy J. Kelzenberg, Director of the Michiana Area CETA Consortium, submitted P. 0. No. 073 through No. 079 and the following listed claims for approval: Indiana Vocational Technical College $ 39,735.30 Emery Chrobot 43.60 University of Notre Dame 5,702.16 S. B. Community School Corporation 10,483.54 Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, the above claims were approved. 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 was adjourned at 10:35 a.m. — C , L2�n Leszckykski ichard Hill o ph E. Kernan ATTEST: 3 Gam. Barbara J. Byer , C1e 124 REGULAR MEETING Adopted this 9th day of November, 1981. ATTEST: s/ Barbara J. Byers, Clerk NOVEMBER 9, 1981 BOARD OF PUBLIC WORKS s/ John E. Leszczynski s/ Richard L. Hill s/ Joseph E. Kernan Mrs. Katherine Barnard, Director of the Neighborhood Code Enforce- ment Office, stated that it was felt the prolonged placement of trash barrels on the tree lawn areas constituted a public nuisance, and she wanted to allow her inspectors the authority to cite violators. Mr. Hill stated that, in accordance with the Municipal Code, the Board of Works may establish rules and regulations for the placement of trash containers on the tree lawn areas where garbage collection is not available in the alleys. Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the above resolution was adopted. APPROVE COUNTER-OFFER FOR SALE OF CITY -OWNED PROPERTY (238 EAST PARIS STREET) Mr. Leszczynski stated that a counter-offer for the purchase of city -owned property located at 238 East Paris Street had been received from Mr. 0. C. Peterson, Sr., 236 East Paris. He noted that the city had established an offering price of $461.00 and Mr. Peterson had submitted a counter-offer of $200.00 for the property. It was noted that Mr. Peterson was an adjacent property owner and was desirous in beautifying the lot and extending his property line. Mr.. Kernan recommended that the Board accept the counter-offer. Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, Mr. Peterson's counter-offer in the amount of $200..00 was approved. APPROVE PURCHASE AGREEMENT - SALE OF CITY -OWNED PROPERTY (117 BIRDSELL) Mr. Leszczynski advised that, in response to an inquiry into the possible purchase of city -owned property located at 117 Birdsell Street, approval to sell the property had been obtained and an offering price established of $296.00. He stated that Mr. Sylvester Brown, 1309 North Freemont, had executed a purchase agreement for the property and the agreement was now being submitted to the Board for approval. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the purchase agreement was approved and the matter referred to the Legal Department for drafting of the appropriate deed of conveyance APPROVE CLOSING OF WASHINGTON STREET FOR VETERANS'DAY CELEBRATION Mr. Ralph J. Wadzinski, rlanager of the Bureau of Traffic and Lighting, recommended the closing of the 200 block of West Washington Street for the annual Veterans' Day observance at the Courthouse Memorial, subject to the following: 1. No parking be permitted on the entire block for the morning of November 11. 2. Barricades be provided for the closing subject to the maintenance of a 12 foot wide emergency lane along the north curb line. 3. The Traffic Division of the Police Department assign an officer to the corner of Washington and Main to assist in traffic and pedestrian controls. 1 Upon a motion made by Mr. Hill, seconded by Mr. Leszczynski and carried, the recommendation was approved. 122 REGULAR MEETING NOVEMBER 9, 1981 the route as proposed. Mr. Hill advised them that their comments would be made a part of the public record as it pertained to the public hearing on the house move. APPROVE CONTRACTUAL AGREEMENT (MICHIANA AREA CETA CONSORTIUM) Mr. Doug Johnson from the Michiana Area CETA Consortium staff requested the Board's approval of a contractual agreement between the Consortium and the City of South Bend to fund half of the salary and fringe benefits of the targeted Job Coordinator for the Department of Redevelopment and Economic Development in the amount of $13,800.00. He stated that the agreement period would run from October 1, 1981, to September 30, 1982. Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, the agree- ment was approved. APPROVE INDIANA & MICHIGAN ELECTRIC PURCHASE ORDER FOR REMOVAL OF POWER LINES (DEVELOPMENT AGREEMENT WITH NEW ENERGY CORPORATION) Mr. Hill explained that, in accordance with the terms of the Development Agreement executed by the city and New Energy Corporation on October 9, 1981, the city agreed to assume the cost for the removal of power lines from the property. He stated that approval of a purchase order to I & M Electric would allow the electric company to proceed with the removal of the lines. Mr. Hill advised that the cost of the engineering was anticipated to be $40,000. He further stated that it was the city's intent to purchase the property from Homer Fitterling and make the necessary improvements thereon in order to permit New Energy Corporation to locate on the site. Upon a motion made by Mr. Hill, seconded by Mr. Kernan and carried, the Controller's Office was authorized to issue the necessary purchase order to I & M to accomplish removal of the power lines. APPROVE RE -ADVERTISING FOR BIDS - OFFICE COPIER/DUPLICATOR (POLICE DEPT.) Police Chief Dan Thompson requested permission to re -advertise for the receipt of bids for a copier/duplicator for the Police Depart- ment. It was noted that bids for same were advertised to be opened by the Board at its meeting held on November 2, 1981, and only one bid had been received from Xerox Corporation. Mr. Leszczynski stated that the sole bid received did not meet the specifications. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the Clerk was instructed to re -advertise to receive bids. APPROVE REQUEST TO ADVERTISE FOR BIDS - COMPUTER SERVICES/SYSTEM Mr. Kernan requested that the Board advertise to receive bids for computer services and/or system which would relate to the three major uses of the city: financial and payroll within the Controller's Office; Police Department functions; and the Water Works billing system. He advised that an addendum was prepared requesting technical information about other applicable systems, and the specifications had been prepared. He requested that a bid opening date of January 4, 1982, be established. Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, the request to advertise for bids was approved. APPROVE STREET CLOSURES AND PARKING BANS (HOLIDAY FESTIVAL PARADE) Ms. Mikki Dobski, Events Coordinator, submitted a request for approval of the following street closures and parking bans for the Holiday Festival Parade, which parade had been previously approved by the Board on September 21, 1981: Street Closures: Taylor from Washington to Wayne William from Washington to Western Lafayette from Washington to Wayne Main from Washington to Wayne Jefferson from Taylor to St. Joseph 120 REGULAR MEETING NOVEMBER 9, 1981 questioned the effect the vacation would have on her property. It was determined Mrs. Berndt would not be directly affected by the vacation since her property was located on the other side of Lincolnway. This was also found true of another property owner who owned property on the east side of Lincolnway. Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the public hearing was closed. Upon a further motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the Clerk was instructed to forward a favorable recommendation for the vacation of George Avenue and surrounding alleys to the Common Council, subject to any and all utility easements. PUBLIC HEARING - VACATION OF PORTION OF SUNNYMEDE AVENUE Mr. Leszczynski stated that, in order for the Board to submit a recommendation to the Common Council concerning the petition filed to vacate a portion of Sunnymede Avenue, a public hearing had been scheduled at this time, thus giving the Board an opportunity to hear any opposition to the proposed vacation. It was noted that notices had been sent to affected property owners advising them of the public hearing. Mr. Stephen Drendall, 3503 Sunnymede Avenue, one of the petitioners in the proposed vacation, addressed the Board. He explained the boundary lines of the Plat of Fernwood, in which the portion of Sunnymede was located. He stated that a driveway presently exists which is being used as an alley on the east of Sunnymede out to Jefferson Boulevard. He further stated that the petition for vacation included only the first 114 feet of Sunnymede running east from 35th Street, and further that Sunnymede was bounded by Lots 6 and 7 on the north side and Lots 11 and 12 on the south. He stated that the lots were jointly owned, and he explained the history and present uses of other abutting properties. He advised that the Plat of Fernwood had been prepared over 40 years ago and did not reflect what actually has happened to the surrounding properties. He stated that all of the parcels have access to streets, and a few lots remain which are undeveloped and has thus been commonly owned. He stated that Cole Associates had recently conveyed its property to the east to Holy Cross Health Systems. Mr. Drendall then went on to explain that the original plat had envisioned the development of 15 residential lots in the area owned by Holy Cross Health Systems, and that the character of the area has changed and the residential lots were never realized. He felt that, if the vacation was approved, Holy Cross Health Systems would be able to develop its property in whichever way it desired and adequate access onto Jefferson Boulevard would be provided. He stated that access to Jefferson Boulevard would probably be more preferable since Jefferson was already a commercial street and was wide enough to handle the type of traffic which would be generated from the facility, rather than coming out onto 35th Street. He did not feel Sunnymede should exist because the plat uses had drastically changed from what it had originally been envisioned to be. Mr. Hill asked if Holy Cross Health Systems, as owner of affected property, would be willing to sign the petition for the vacation. Mr. Drendall stated that he had approached the organization approximately six weeks ago; however, they had just recently acquired the property and were not ready to determine what their future needs would be. Mr. Leszczynski pointed out to Mr. Drendall that the parcel of land owned by Holy Cross Health Systems could be landlocked if they decided to develop their property according to the original plat. Mr. Drendall did not believe residential development of the area would occur. Mr. Leszczynski advised that the Board would be agreeable to seeing the street vacated if the Health Systems group had no objection to the vacation. He further stated that the Health Systems organization may want to develop its property at some future time according to the original plat. If that occurred, the properties would be landlocked. He informed Mr. Drendall that unfavorable comments for the vacation of Sunnymede had been received by the Board from the Engineering Department and the Area Plan Commission because some parcels of land could be landlocked. Mr. Hill stated that the Board's