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