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HomeMy WebLinkAbout01/25/82 Board of Public Works MinutesREGULAR MEETING JANUARY 25, 1982 The regular meeting of the Board of Public Works was convened at 9:30 a.m., on Monday, January 25, 1982, by President John E. Leszczynski, with Mr. Leszczynski, Mr. Richard L. Hill and Mr. Joseph E. Kernan present. Also present was Assistant City Attorney Carolyn Pfotenhauer. MINUTES OF PREVIOUS MEETING APPROVED Upon a motion made by Mr. Hill, seconded by Mr. Leszczynski and carried, the minutes of the January 18, 1982,-regular meeting of the Board were approved as submitted. PUBLIC HEARING AND RECOMMENDATION FOR VACATION OF VARIOUS STREETS AND ALLEYS IN MONROE-SAMPLE DEVELOPMENT AREA Mr. Leszczynski noted that the Redevelopment Commission had petitioned the Common Council for the vacation of various public rights -of -way located in the Monroe -Sample Development Area, more specifically described as follows: Public rights -of -way being a part of the City of South Bend, Portage Township, St. Joseph County, Indiana, (� and being more particularly described as follows, viz: All East-West and North -South alleys bounded by Bronson Street, Marietta Street, Sample Street and Fellows Street in John Rush's 4th Addition, E. H. Rush's lst Addition, E. H. Rush's 2nd Addition, Gallagher's lst Addition. Clinton Street between Bronson Street and Sample Street in John Rush's 4th Addition, E. H. Rush's lst Addition, Gallagher's lst Addition. Rush Street from Bronson Street tor"a point 239.10 feet south in John Rush's 4th Addition. The East-West and North -South alleys bounded by Columbia Street, Bronson Street_, Fellows Street, and the Conrail viaduct in A. R. Sample`s Sub of Lots 26, 27, 28 of Denniston and Fellows Addition. He advised that affected property owners had been notified of the Board's public hearing and no objections or remonstrances were filed with the Board. He stated that favorable comments in support of the vacation were received from the Engineering Department, Area Plan Commission and Community Development Department. Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the public hearing was closed and the Clerk was instructed to forward a favorable recommendation to the Common Council for vacation of the above mentioned rights - of -way, subject to any and all utility easements. APPROVE HOUSE MOVE FROM 704-706 SOUTH RUSH TO '614-618 SOUTH RUSH Mr. James Markle, Building Commissioner, submitted a proposed house move by Lykowski Construction of a structure located at 704-706 South Rush to 614-618 South Rush, said structure owned by G. L. Richard. It was noted that adjacent property owners were notified of the proposed move. The proposed move utilized Bronson Street west to Rush and thence north on Rush to destina- tion. Mr. Leszczynski advised that the Bureau of Traffic and Lighting had no objection to the proposed route. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the house move was approved. 186 REGULAR MEETING JANUARY 25, 1982 FILING OF RATE INCREASE - YELLOW CAB LEASING COMPANY Mr. Leszczynski noted that the Yellow Cab Company had submitted notification to the Board of a proposed rate increase as follows.: I. Hourly Rates: $10.00 per hour for one or more passengers if the taxi cab is hired on an hourly basis before the trip is begun. II. Milea e Rates: $2.00 for the first 1/5 of a mile or fraction thereof, thereafter, $0.10 for each additional 1/7 of a mile or fraction thereof. III. Waiting Time: $0.50 for each three minutes of waiting time or fraction thereof. He advised that, according to provisions of the Municipal Code regulating taxi companies, Board approval was not mandated for rate adjustments and the only requirement was that the company notify the Board of any rate change and cause legal advertising of such rate increase, said rate change to be effective 30 days after publication. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the rate change notification was filed. Mr. Kevin Butler, attorney for Yellow Cab Company, was asked to furnish the Board with proof of publication of said rate change. FILE PETITION A14D ADOPT RESOLUTION NO. 1, 1982 - ANNEXATION OF LAND AT NORTHEAST CORNER OF IRONWOOD AND INWOOD RESOLUTION NO. 1, 1982 WHEREAS, certain real estate located at the northeast corner of Ironwood Road and Inwood Roads in St. Joseph County, Indiana, is owned by Brethren Care of South Bend, Inc., and used by it as a retirement home, and by the City of South Bend, and used by it as a water retention basin, is contiguous to the boundaries of the City of South Bend on the north and the west and it is now in the best interest of the City that said real estate be annexed to the City of South Bend; and WHEREAS, Brethren Care of South Bend, Inc. has by its petition dated December 16, 1981, requested that the territory owned by it be annexed to the City. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, as follows: 1. That a petition for annexation to the City of South Bend of the real estate described in Exhibit A, attached to and made a part of said petition, all of which real estate so described is owned by Brethren Care of South Bend, Inc. and the City of South Bend, having been presented to this Board for consideration, and this Board reviewing the facts and the merits of said petition and being of the opinion that said real estate so described in said petition should be annexed to and be a part of the City of South Bend, now directs and authorizes that said petition be executed for and on behalf of the City of South Bend, and further authorizes that said petition be submitted to the Common Council of the City of South Bend for its consideration as a voluntary petition of said territory to the City of South Bend. ADOPTED this 25th day of January, 1982. BOARD OF PUBLIC WORKS s/ John Leszczynski s/ Richard L. Hill s/ Joseph E. Kernan 1 ATTEST: s/ Barbara J. Byers, Clerk REGULAR MEETING JANUARY 25, 1982 EXHIBIT A A tract of land in the Southwest Quarter of Section 20, Township 37 North, Range 3 East, St. Joseph County, Indiana. Beginning at a point on the South line of said Southwest Quarter 180 feet East of the Southwest corner thereof; thence following the present City Limits North 837.6 feet more or less; thence following the present City Limits West 180 feet; thence along the West line of said section being the centerline of Ironwood Road and the present City Limits North 61.6 feet more or less; thence following the present City Limits East 1438.69 feet; thence South 00 004'28" West_a distance of 899.16 feet more or less to the South line of said section also being the centerline of Inwood Road and the present City Limits; thence following the present City Limits West along said South section line a distance of 448.69 feet more or less; thence continuing West along said South section line a distance of 810 feet more (� or less to the point of beginning, which point is on the present City Limits. Q Containing approximately 26.24 Acres. Mr. Robert Parker, Deputy Assistant Attorney, explained that the proposed annexation would include the Topsfield Retirement facility owned by Brethren Care and property owned by the City of South Bend and used as a retention basin located at the northeast corner of Ironwood and Inwood Roads. He advised that the property in question was surrounded by the city limits and that Brethren Care would petition for annexation of its property and the city for the retention basin. He noted that part of the building at the retirement center was actually located within the city limits while part of it was in the county. Upon a motion made by Mr. Hill, seconded by Mr. Kernan and carried, the petition was filed and the above Resolution No. 1, 1982, was adopted. ADOPT RESOLUTION NO. 2, 1982 - CONDEMNATION PROCEEDINGS (LAND ADJACENT TO WASTEWATER TREATMENT_ PLANT) Mr. Robert Parker, Deputy Assistant Attorney, explained that the city had attempted to negotiate for the purchase of property adjacent to the Wastewater Treatment Plant with William E. Mays in the total amount of $77,000.00 in order to provide for expansion of the sludge farm for the disposal of digested sludge at the Wastewater Treatment Plan. He advised that the city's offers to purchase the property have been refused, and, the only recourse available to the city was the acquisition of the property under the eminent domain statute since it was the city's opinion the property be acquired for extension of the sludge farm field. Mr. Parker noted that the Board of Waste- water Treatment Commissioners would also be requested to approve a similar resolution. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the following Resolution No. 2, 1982, was adopted: RESOLUTION NO. 2, 1982 WHEREAS, the Board of Public Works has found it necessary and in the best interest of the public health, welfare and safety of the City of South Bend to acquire additional real estate for the purpose of providing land for the expansion of the sludge farm for the disposal of digested sludge from the Waste Water Treatment Plant of the City of South Bend; and 188 JANUARY 25, 1982 REGULAR MEETING WHEREAS, the real estate hereinafter described is located adjacent to land presently being used by the City for the disposal of digested sludge and is served by force mains running from the Waste Water Treatment Plant; and WHEREAS, it has now become necessary to authorize by condemnation the acquisition of the real estate herein described to carry forth such expansion. NOW THEREFORE, BE IT RESOLVED that the Board of Public Works of the City of South Bend hereby directs and.authorizes the doing of all acts necessary and desirable to the acquisition by gift, purchase, or condemnation of the following described real estate in St. Joseph County, Indiana: Part of the Northwest Quarter (4) of the Northwest Quarter (4) of Section 28, Township 38 North, Range 2 East and part of the Northeast Quarter (4) of the Northeast Quarter (4) of Section 29, Township 38 North, Range 2 East described as follows: Beginning at a point 40 feet West of the Northeast corner of the West Half ( Z) of the West Half ( 2) of Section 28, Township 38 North, Range 2 East; thence South 950 feet on a line parallel with the East line of the West Half (2) of the West Half (2) of Section 28; thence West 983 feet more or less along a fence row on a line parallel to the North line of said Section 28; thence North 307.1 feet; thence West 737 feet; thence North 40 feet; thence East 737 feet; thence North 600 feet more or less to the North line of the Section in Cleveland Road; thence East 983 feet along said Section line to the place of beginning. Subject to legal highways. BE IT FURTHER RESOLVED that if proceeding is brought by condemnation for the acquisition of such real estate, such proceedings shall be brought pursuant to IC 32-11-1. Adopted this 25th day of January, 1982. BOARD OF PUBLIC WORKS s/ John E. Leszczynski s/ Richard L. Hill s/ Joseph E. Kernan ATTEST: s/ Barbara J. Byers, Clerk APPROVE VARIOUS CHANGE ORDERS - FIRST BANK CENTER PROJECT Mr. Leszczynski advised that the following change orders on the First Bank Center Project were being submitted for Board approval, all such change orders having been found to be in order by the architect, construction manager and Patrick McMahon: 1. Brown and Brown General Contractors Change Order No. 5 Increase of $61,859.00 for retaining wall and other concrete work, bringing contract total to $364,002.00. Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the above change order was approved. �e I 1 REGULAR MEETING JANUARY 25, 1982 2. Interstate Glass Company, Inc. Change Order No. 2 Increase of $10,840.00 for atrium curtainwall and insulated glass, bringing contract total to $482,403.00. 3. Ritschard Brothers, Inc. Change Order No. 2 Increase of $3,954.00 for additional granular fill, bringing contract total to $18,476.50. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above two change orders were approved. 4. O'Neal Trucking Company Change Order No. 2 Decrease of $1,000.00 for fill not required, bringing contract total to $50,961.00. Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the above change order was approved. AWARD PROPOSAL FOR PIGEON CONTROL ON RIVER BEND PLAZA AND WESTERN AVENUE VIADUCT Mr. Leszczynski noted that the Board has solicited proposals from local firms for pigeon control at River Bend Plaza, Pier Park and the Western Avenue Viaduct on November 9, 1982. He advised that two proposals had been submitted: Indiana Terminix Company for a total of $2,318.00, which proposal included 5-year coverage at the viaduct and Pier Park utilizing another method of treatment calling for the installation of a netting material; and Franklin Pest Control for a total of $900.00. Mr. Leszczynski stated that, following a complete review of the proposals and the methods of treatment, it was his recommendation the proposal of Franklin Pest Control be accepted in the amount of $850.00 for treatment of River Bend Plaza and the Western Avenue Viaduct only. Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the pigeon control service for the plaza and viaduct only in the amount of $850.00 was approved. AWARD BID - POLICE; DEPARTMENT RADIO EQUIPMENT Police Chief Dan Thompson recommended the Board award the sole bid of General Electric Company received on January 11, 1982 (bid opened on January 18th because meeting of January llth was cancelled as a result of weather conditions) for 130 police radios and related equipment, utilizing the alternate charger, at a cost of $130,000.00. Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the bid as recommended was awarded. APPROVE REQUEST TO ADVERTISE FOR SALE OF ABANDONED VEHICLES Ms. Kathy Barnard, Director of the Office, requested permission to ca sale of 10 abandoned vehicles whic the Hurwich Iron impoundment lot. vehicles have been stored for the identification checks have been ru owners and lien holders have been made by Mr. Leszczynski, seconded the request to advertise for bids bids to be received on February 8, Neighborhood Code Enforcement .use legal advertising for the h have been ordered towed to It was noted that all required period of time, .n for auto theft, and the notified. Upon a motion by Mr. Hill and carried, was approved, with sealed 1982. 190 REGULAR MEETING JANUARY 25, 1982 APPROVE TITLE SHEET - BENDIX DRIVE SIGNAL.IZATION PROJECT Mr. Leszczynski stated that approval was necessary on the title sheet for the plans for the Bendix Drive Signalization Project. He noted that Board approval was given on January 18, 1982, for the advertising of the project. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the title sheet was approved and signed. APPROVE TRAFFIC CONTROL DEVICE Mr. Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, recommended approval of the following traffic control device: INSTALL NO PARKING BUS ZONE - 8 AM - 4 PM - In front of Lafayette School, 245 N. Lombardy. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above traffic control device was approved. APPROVE LICENSE APPLICATIONS Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the following license applications were approved and referred to the Deputy Controller's Office for issuance: Public Parking Facility - Marriott Hotel Rubbish & Garbage Removal - Grayson Warren, 1922 N. Meade St. 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: Vivian Fisher, 909 Riverside, S.B. John C. Ganger, Sr., 26277 New Road, No. Liberty Betty J. Ward, 3923 Lincolnway E., Mish. Barbara J. Carmon, 922 Geyer, Mish. Michael E. Borsodi, 626 N. Birdsell, S.B. Joseph J. Zellner, 19530 Southland, S.B. Odessa Contat, 3014 Pleasant, S.B. Victor Ketchmark, 905 N. Elmer, S.B. Tracy Lynn Brunner/Sandra Henderson, 16680 Gerald, Granger Dorothy Mikesell, 708 W. Marion, Mish. Michael J. Janowiak, 738 N. Johnson, S.B. Alfred Kirsits, 733 Marquette, S.B. Nancy J. Stone, 210 N. Lombardy, S.B. FILING OF CERTIFICATE OF INSURANCE Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the Certificate of Insurance for Dye Plumbing and Heating for the Old Cleveland Road Sewer Project was filed. FILING OF DECEMBER REPORT AND ANNUAL REPORT FOR 1981 HUMANE SOCIETY The December report indicated a total of 257 dogs handled, 105 cats handled, 9 other animals handled, for a total of all animals handled in December of 371. The yearly report indicated a total of 2,976 dogs, 1,797 cats and 627 other animals handled, for a yearly total of 5,400 animals handled. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the reports were filed. 191 n REGULAR MEETING JANUARY 25, 1982 FILING OF STREET LIGHT OUTAGE REPORT The report indicated a total of 11 outages for the period of January 14 through January 21, 1982. Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the report was filed. APPROVAL OF CLAIMS Mr. Elroy J. Kelzenberg, Director of the Michiana Area CETA. Consortium, submitted P. 0. No. 456 through No. 476 and recom- mended approval. Chief Deputy Controller Sherrie L. Petz also submitted Claim Docket No. 511 through No. 1322 and recommended approval. 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. Kernan and carried, the meeting was adjourned at 10:04 a.m. ATTEST: Barbara J. Byers, Clerk n LEf_Leszc_zJnJWE Richard Hill a J seph . Kernan