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HomeMy WebLinkAbout02/01/82 Board of Public Works Minutes192 REGULAR MEETING FEBRUARY 1, 1982 The regular meeting of the Board of Public Works was convened at 9:30 a.m., on Monday, February 1, 1982, by President John E. Leszczynski, with Mr. Leszczynski 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. Kernan, seconded by Mr. Leszczynski and carried, the minutes of the January 25, 1982, regular meeting of the Board were approved as submitted. AGENDA ITEM ADDED Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the environmental clean-up of lots was added to the agenda following the filing of certificates of insurance. CANCELLATION OF REGULAR BOARD MEETING OF FEBRUARY 8, 1982 Mr. Leszczynski advised that the Board would not be able to conduct its regular meeting on February 8, 1982, because of lack of quorum. Upon a motion made by Mr. Kernan, seconded by Mr. Leszczynski and carried, the regular meeting of February 8, 1982, was cancelled. APPROVAL OF ASSESSMENT ROLL NO. 2990 (IMPROVEMENT RESOLUTION NO. 3514. 1981, PRAIRIE AVENU'\SANITARY SEWER PROJECT) This being the date set, hearing was held on the Assessment Roll for the Prairie Avenue Sanitary Sewer Project, authorized under Improvement Resolution No. 3514, 1981. 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 total cost of the improvement as petitioned by residents on Prairie Avenue was $58,130.00, with the amount assessed to the city at $46,534.33., The preliminary assessment roll had an estimated cost of the improvement listed at $23,191.34. Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the assessment roll hearing was closed and Assessment Roll No. 2990 was approved. APPROVE INTENDED USE OF REVENUE SHARING FUNDS This was the date set for holding a public hearing on the proposed use of revenue sharing funds in the amount of $25,000.00 for the operation of the Howard Park Senior Citizens' Center. 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. John Voorde, Councilman at Large, 817 West North Shore Drive, stated that last year the operation of the Howard Park Senior Citizens' Center was budgeted in the Park Department. He wondered if, because of the forced budget cuts, operation of the center would now fall under revenue sharing. Mr. Kernan advised that supervision of the center would remain with the Recreation Department, but that Mr. Voorde was correct in that budgeting for this year would come from revenue sharing funds. He anticipated the cost of $25,000.00 would cover expenses for the year. Mr. Voorde wondered if there was any intention on the part of the administration to move the opera- tion of the center under some outside social service agency. Mr. Kernan stated that the city was being forced to use revenue sharing funds in order to keep the facility open because the Mayor wanted to keep the center in operation;.however, if any agency could assume its operation, it would be an alternative to consider. Mr. Voorde wondered if the center -would continue to be operated this year as in the past, and Mr. Kernan stated that, as of today, it would be. Mr. Joseph Koutnik, 53070 N. Arnold Street, expressed concern over the use of revenue sharing 1 193 REGULAR MEETING FEBRUARY 1, 1982 L funds for operation of the center. He wondered for how long this could continue, and he suggested to the administration that, in order to save funds, it should close Fire Station No. 11 and use that money toward operation of the center. Mr. Kernan thanked Mr. Koutnik for his comments. He explained that the city was forced to make drastic budget cuts because of a ruling of the State Board of Accounts, and numerous cuts were made in every budget, including the Park Department. He stated that, at the present time, the only alternative available to the city for the operation of the center was the use of revenue sharing funds. Mr. Voorde felt there were options which could be addressed in the preparation of the 1983 budget for operation of the facility. He felt sure the administration and the Common Council considered the center to be high priority and would do everything possible to keep it open in future years. He stated that he had received telephone calls from a few senior citizens who had expressed concern about the future of the center. It was noted that a letter in support of the use of the funds for the facility was received from the Harvest House Legislative Commission. In accordance with guidelines adopted for such use of revenue sharing funds, information about this public hearing was forwarded to the following senior citizen groupswiththe request that the notice be posted: Foster Grandparents, Hansel Neighborhood Center, REAL Services, Retired Senior Volunteer Program, Senior Citizens Group of LaSalle Park, Harvest House Centers and Howard Park Senior Citizens' Center. There was no one present to speak against the proposed expenditure. 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 the minutes of.this public hearing to the Controller's Office and the City Clerk. REVOCATION OF CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY GRADY THOMPSON Mrs. Carolyn Pfotenhauer advised that February 1, 1982, was the deadline given to Mr. Grady Thompson for compliance with require- ments of the Municipal Code concerning the operation of a taxicab service by him in the City of South Bend. She stated that, in November, Mr. Thompson was given a period of time to January 1, 1982, in order to fully comply with all requirements and, at Mr. Thompson's request, the Board granted a 30-day extention to February 1, 1982. She advised that Mr. Thompson must provide the Board with documentation that he is maintaining a 24-hour cab service; he must employ a licensed driver for the period of time when Mr. Thompson himself is not driving; and he must equip his cab(s) with the appropriate taximeter. Mrs. Pfotenhauer stated that the Clerk of the Board reminded Mr. Thompson of these requirements and the fact that the Board would consider revocation of his certificate of public convenience on this date. To date, no documentation had been filed or submitted to the Board on behalf of Mr. Thompson. Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the Certificate of Public Convenience and Necessity for Grady Thompson was revoked for failure to comply with all appropriate requirements. -of the Municipal Code pertain- ing to the operation.of a taxicab service in the city. Mr. Kernan stated that, if and when Mr. Thompson was in a position to provide the Board with the documentation it had requested, re -instatement of his certificate would be considered. ADOPTION OF RESOLUTION NOS. 3 AND 4, 1982 - RENOUNCING ACCEPTANCE OF PROPERTIES AT 1348 WEST FISHER AN'D 525 LELAND RESOLUTION TTO . '3 , ' 19 8 2 WHEREAS, the City of South Bend, through its Neighborhood Code Enforcement Office, issued an order to comply on November 6, 1980, to Franklin F. K. Cheung and Gary DeFreeuw, as persons having an ownership interest, pursuant to I.C. 18-5-5.5-3, ordering that the house at 525 Leland, legally described as follows, be demolished: 194 REGULAR MEETING FEBRUARY 1, 1982 Lot No. 4 as shown on the recorded Plat of James D. Kart's Subdivision of Bank Lot 114 and part of Bank Out Lot 113 of the State Bank of Indiana Third Addition to the Town, now City of South Bend; and WHEREAS, this order was affirmed by the Division of Code Enforcement Hearing Officer on November 24, 1980, in Cause No. 77-320, such order requiring the immediate demolition of the structure; and WHEREAS, this order was affirmed by the Division of Code Enforcement Hearing Officer on November 24, 1980, in Cause No. 77-320, such order requiring the immediate demolition of the structure; and WHEREAS, Mr. Cheung and Mr. DeFreeuw failed to comply with the order and the Neighborhood Code Enforcement Office awarded a demolition contract to Jackson Wrecking Company, pursuant to I.C. 18-5-5.5-15, such contract being completed on March 31, 1981, at a cost of $844.00; and WHEREAS, Mr. Cheung and Mr. DeFreeuw have failed to re- imburse the City for these demolition costs and its administra- tive expenses, pursuant to I.C. 18-5-5.5-16, the City filed a claim in the St. Joseph Superior Court, Small Claims Division, Cause No. 81SC 3584, on September 8, 1981, to recover these costs, the total being $1,044.00; and WHEREAS, on February 27, 1981, Mr. DeFreeuw recorded a warranty deed, instrument no. 8103152, purporting to convey his interest in this property to the City of South Bend, such recording being without the knowledge of any office, agency or employee of the City; and WHEREAS, the City of South Bend, by and through its Board of Public Works, expressly and unequivocally renounces acceptance of this deed; and NOW THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend, that the deed recorded by Gary DeFreeuw on February 27, 1981, instrument no. 8103152, is not accepted by the City of South Bend and the City acknowledges no ownership interest in this property. Dated this lst day of February, 1982. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS s/ Joseph E. Kernan ATTEST: s/ John Leszczynski s/ Barbara Byers, Clerk Board of Public Works RESOLUTION NO. 4, 1982 WHEREAS, the City of South Bend, through its Neighborhood Code Enforcement Office, issued an order to comply on March 9, 1981, to Franklin F. K. and Fei Shian Cheung, as owners, pursuant to I.C. 18-5-5.5-3, ordering that the house at 1348 West Fisher Street, legally described as follows, be demolished: The East Quarter (4) portions of Lots Numbered Fifteen (15), Sixteen (16) and Seventeen (17), as shown on the recorded Plat of Honer's Subdivision of a part of Bank Out Lots Numbered One Hundred One (101) of the Second Plat of Out Lots of the Town, now City of South Bend, platted by the State Bank of Indiana, excepting 14 feet in width off of the north side of said Lot Numbered Fifteen (15), now a part of Fisher Street; and REGULAR MEETING FEBRUARY 1, 1982 WHEREAS, this order was affirmed by the Division of Code Enforcement Hearing Officer on April 9, 1981, in Cause No. 80-365, such order requiring the immediate demolition of the structure; and WHEREAS, Mr. and Mrs. Cheung failed to comply with the order and the Neighborhood Code Enforcement Office awarded a demolition contract to Eck Construction pursuant to I.C. 18-5-5.5-15, such contract being completed on May 28, 1981, at a cost of $798.00; and WHEREAS, on April 6, 1981, Mr. and Mrs. Cheung have failed to reimburse the City for these demolition costs and its administrative expenses, pursuant to I.C. 18-5-5.5-16, the City filed a claim in the St. Joseph Superior Court, Small Claims Division, Cause No, 81SC 3785, on September 17 1981, to recover these costs, the total being $998.00 plus costs; and WHEREAS, Mr. and Mrs. Cheung have failed to reimburse the City for these demolition costs and its administrative expenses, pursuant to I.C. 18-5--5.5-16, the City filed a claim in the St. Joseph Superior Court, Small Claims Division, Cause No. 81SC 3785, on September 17, 1981, to recover these costs, the total being $998.00 plus costs; and WHEREAS, on April 6, 1981, Mr. and Mrs. Cheung recorded a quit claim deed, instrument no. 8105041, purporting to convey this property to the City of South Bend, such record- ing being without the knowledge of any officer, agent, or employee of the City; and WHEREAS, the City of South Bend, by and through its Board of Public Works, expressly and unequivocally renounces acceptance of this deed; and NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that the deed recorded by Franklin and Fei Cheung on April 6, 1981, instrument no. 8105041, is not accepted by the City of South Bend, and the City acknowledges no ownership interest in this property. Dated this lst day of February, 1982. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS s/ Joseph E. Kernan ATTEST s/ John Leszczynski s/ Barbara J. Byers, Clerk Mrs. Pfotenhauer explained that the city had acquired a judgment against those properties and, without the knowledge of the city, the two properties had been deeded over to the city. She stated that owners of the properties, being Franklin and Fei Shian Cheung (1348 West Fisher) and Franklin Cheung and Gary DeFreeuw (525 Leland) failed to reimburse the city for demolition costs and administrative expenses for the properties and had sub- sequently recorded deeds conveying the above properties to the city without the city's knowledge or acceptance of same. Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the above resolutions were adopted. 196 REGULAR MEETING FEBRUARY 1. 1982 APPROVE INTE14DED USE HEARING -'REVENUE SHARING FUNDS Chief Deputy Controller Sherrie L. Petz requested the Board to conduct a public hearing on the proposed intended use of revenue sharing funds in the amount of $1,500,000 for police and fire pensions. Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the request was approved, and the intended use hearing was set for February 15, 1982. APPROVE COMMUNITY DEVELOPMENT CONTRACT - MIAMI STREET LOCAL DEVELOPMENT COMPANY Mr. Kevin Horton, from the Redevelopment Department, explained that the contract provided the appropriation of $8,000 to be used to assist the Miami Street Local Development Company in temporarily securing property located at Miami and Ewing Streets for the proposed new construction of the Tutt Library branch. He explained that the money would be refunded by the sale of bonds by the Library Board. Upon a motion made by Mr. Kernan, seconded by Mr. Leszczynski and carried, the contract was approved. SET PUBLIC HEARING TO CONSIDER STANDARD ROUTES FOR ALL ROAD RUN REQUESTS Mr. Leszczynski stated that the Bureau of Traffic and Lighting and the Police Traffic Division had requested the Board to consider adopting three standard routes to be used for all future road run requests. He stated that, in many cases, police overtime and other costs involving the use of manpower to direct traffic, etc. is considerable. He advised that the three routes proposed were the safest for the participants, and a minimal amount of manpower was needed for traffic control. He stated that, if approved, the three routes would be routinely used for all road run requests and, if an organization desired a different route for any reason, a list of costs for manpower would be charged. He asked for comments from the public con- cerning the following proposed routes: 1. Utilizing Riverside Drive from Pinhook Park to Leeper Park (10 kilometer). 2. Utilizing North Side Boulevard from Howard Park to 21st Street (4-5 miles). 3. Utilizing Rum Village Park and surrounding streets: Ewing Avenue, Main Street, Chippewa Avenue, Keria Trail, Gertrude Road, Ireland Road and Locust Road. Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, a public hearing on the proposed routes was set for February 15, 1982. APPROVE OVERHEAD EASEMENT .FOR ELECTRICAL WIRING - 1902 CLYDE ST. Mr. Leszczynski stated that Mr. Phil Lord, 1902 Clyde Street had requested permission from the city to extend a wire from his house to the electric pole in his back yard and out across the public alley to a garage. He advised that the Building Depart- ment had no objection to the wiring provided a licensed electrician installed same, and the Building Department and the Bureau of Traffic and Lighting required that an 18-foot clearance over the alley right-of-way be maintained. Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the request was approved subject to an 18-foot clearance over the alley, and further that all wiring be installed by a licensed electrician. 19'7 REGULAR MEETING FEBRUARY 1, 1982 ACCEPT OFFERS FOR PURCHASE OF CITY -OWNED PROPERTIES (316 AND 410 EAST SOUTH STREET) Mr. Leszczynski stated that the Board of Public Works, at its meeting on January 18, 1982, had received.an offer from Mr. Clyde C. Lanphear, 19898 Sarah Street, in the amount of $75.00 for purchase of the city -owned lot located at 316 East South Street. He advised that Mr. Lanphear was an abutting property owner. At that time, the Board had made a counter-offer of $300.00 to Mr. Lanphear. It was noted that the city's offering price for the property was $624.00 based upon an appraisal made. Mr. Leszczynski stated that Mr. Lanphear had responded, indicating that he would offer no more than $75.00 for the property. The Clerk advised that the city had incurred expenses in the amount of approximately $70.00 for the sale of the property, including appraisal cost and legal advertising. Mr. Kernan stated that the Board was anxious to have the properties put back on the tax roll. Upon a motion made by Mr. Kernan, seconded by Mr. Leszczynski and carried, the offer of $75.00 for the property as submitted by Mr. �. Lanphear was accepted. Mr. Leszczynski further advised that an offer had been received from Inter -City Corporation, the sole abutting property owner �[ of city -owned property located at 410 East South Street, in the amount of the city's offering price of $523.00 for said property. It was noted that a previous offer of $500.00 had been received from Mr. Greg Burnside who was not an abutting property owner and who, since that time, had indicated he was no longer interested in the property. Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the offer of Inter -City Corporation in the amount of $523.00 was accepted. APPROVE LICENSE APPLICATIONS Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the following license applications were approved and referred to the Deputy Controller's Office for issuance: Rubbish and Garbage Removal - Superior Waste Systems 54107 Butternut Road Secondhand Dealer - Fred Romine d/b/a Indiana Furniture 742 West Indiana APPROVE HA14DICAPPED PARKING PERMITS Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the following handicapped parking permits were approved and referred to the Deputy Controller's Office for issuance: James Webb, 1934 Fox Street, S.B. John A. Calentine, 548 Lincolnway W., Mish. Mrs. V. Fay Gillett, 122 E. Farneman, S.B. Ann M. Grieves, 1230 E. Fairington, Apt. 110, S.B. Robert 14. Dentino, 320 Manor Dr., Mish. Donald E. Tobin, 1610 E. Donald, S.B. FILING OF CERTIFICATES OF INSURANCE Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the following certificates of insurance were filed: Walsh & Kelly, Inc. Rieth-Riley Construction Company 198 REGULAR MEETING FEBRUARY 1, 1982 APPROVE ENVIRONMENTAL CLEAN-UP OF LOTS A request was received from the Neighborhood Code Enforcement Office for permission to have city environmental crews clean the following lots within the city: 603 E. Dayton 1138 E. Fox 1344 E. Dayton 624 Leland 1715 Dunham 1128 Lincolnway West 1145 N. Elmer It was ntoed 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. Kernan and carried, the request was approved. FILING OF STREET LIGHT OUTAGE REPORT The report indicated a total of 13 outages for the period of January 21 through 28, 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. 477 through 493 and recommended approval. Chief Deputy Controller Sherrie L. Petz also submitted Claim Docket No. 1323 through No. 1829 and recommended approval. Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the above claims were approved. ENFORCEMENT OF LICENSING FEES FOR LAUNDROMATS Mr. John Voorde, Councilman at Large, 817 West North Shore Drive, stated that all licensing fees for city licenses were revised by the Common Council and January 31st was set as the deadline for new and renewal licenses. One of the licenses involved a $2.00 per machine charge for local laundromat owners. He advised that, in the past, this particular license was $10.00 per machine, but it had never been enforced. He stated that the local owners of laundromats have expressed their opposition to the licensing requirements and stated they would not apply for such a license. He wondered if the city intended to enforce the ordinance, or whether consideration should be given to eliminating the licensing of laundromats. Mr. Kernan stated that he was aware that some questions had been raised concerning some of the requirements for the license, and he assured Mr. Voorde that the administration would work with the laundromat owners to try and resolve these problems with the Building and Electrical Department and the Fire Inspection Bureau. He stated that the ordinance calls for a $2.00 fee per machine and the city had no alternative but to attempt to collect the fee and license the laundromats under the terms of the ordinance. He stated that, if the licenses are not purchased, the Legal Department may have to pursue the matter and, if necessary, a fine could be charged for failure to obtain the license as provided for in the ordinance. Mr. Voorde asked if the administration felt the licensing of laundromats should be deleted. Mr. Kernan advised that the administration was not in a position to say one way or another. He stated that he could not comment on why the ordinance which carried a $10.00 per machine fee had not been enforced prior to 1980 and dating back to the early 1970's other than to say that perhaps the fee was too excessive and the ordinance had, therefore, not been enforced. Mr. Voorde advised that perhaps the Council should try to resolve these concerns with the laundromat owners. Mrs. REGULAR MEETING FEBRUARY 1, 1982 Pfotenhauer felt that, if the Council viewed the licensing of laundromats as a problem, the complaints should be looked at and evaluated. She stated that the Legal Department had not received any calls concerning laundromat licensing. 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 10:10 a.m. ATTEST: Barbara J. By s, Cletk 1 Jo n E. Leszcz3AhskjI Cam. ose E. Kernan