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HomeMy WebLinkAbout09/27/82 Board of Public Works Minutes420 REGULAR MEETING SEPTEMBER 27, 1982 The regular meeting of the Board of Public Works was convened at 9:30 a.m., on Monday, September 27, 1982, by President John E. Leszczynski, with Mr. Leszczynski and Mr. Joseph E. Kernan present. Also present was Assistant City Attorney Carolyn Pfotenhauer. AGENDA ITEMS ADDED Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, a recommendation to award the bid for the Dubail Street Bridge Rail Improvements Project and a Community Development Contract for a Mortage Subsidy Program were added to the agenda. MINUTES OF PREVIOUS MEETING APPROVED Upon a motion made by Mr. Kernan, seconded by Mr. Leszczynski and carried, the minutes of the September 20, 1982, regular meeting and the September 23, 1982, special meeting of the Board were approved as submitted. PUBLIC HEARING AND RECOMMENDATION - VACATION OF ALLEYS BY TOWN TOWER MOTEL CORPORATION Mr. Leszczynski stated that the Board had held a public hearing on September 13, 1982, concerning the petition of the Town Tower Motel Corporation to vacate portions of two alleys bounded by the Michigan -Main Connector. At that time, the Board had recommended the vacations favorably to the Council subject to the granting of a permanent easement for access to the back of the properties fronting on Michigan Street. He advised that the Council had referred the matter back to the Board for another public hearing because there had been some confusion on the matter of the easement. Mr. Philip Potts, 611 J.M.S. Building, attorney for Dr. Agatha Wilhelm, owner of Lots 160 and 161 lying immediately south of the east -west alley, appeared before the Board on behalf of his client. He stated that his objections to the vacation had not changed since the Board's previous hearing on Septemger 13, 1982, and felt that vacation of a portion of the east -west alley would cause irreparable damage to his client's property and business and more importantly could pose problems of inadequate access for emergency vehicles. lie did not understand why the matter had come back to the Board for another public hearing. Mr. Leszczynski explained that a revised site plan had been submitted in connection with the rezoning of the property which provided for easement rights south of the westerly portion of the east -west alley proposed to be vacated. Mr. Potts wondered if Dr. Wilhelm could indicate to her clients by the posting of a sign that access to her property on Michigan Street would be obtained from Main Street utilizing the easement to be given by the Town Tower Motel Corporation. He also asked about the future use of the Town Tower property and potential future owners. Mr. Leszczynski explained that the permanent easement which the Board would require Town Tower to provide to Dr. Wilhelm, owner of Lots 160 and 161 would be tied to the property and would remain in existence even if the use of the property and property owner changed. It was noted that the 22-foot wide easement which would extend from Main Street east to the north -south alley would be located approximately 25 feet south of the westerly portion of the alley to be vacated. Mr. Leszczynski explained to Mr. Potts and Dr. Wilhelm that, without the additional parking spaces which were required by ordinance which would be obtained from the vacation of the above rights - of -way, development of the Town Tower could not proceed. Mr. Potts asked if the vacation ordinance would show the perpetual easement, and Mr. Leszczynski stated that the vacation of the alley would be subject to the easement being granted and would become a part of the vacation ordinance. He also explained that the city would require additional right-of-way to be dedicated at 421 REGULAR MEETING SEPTEMBER '27,'1982 the location where the alleys presently intersect to better facilitate turning movements. Dr. Wilhelm asked if a sign could be erected on Main Street to indicate access -to her business on Michigan through the Town Tower property. After a brief discussion, Mr. Leszczynski advised that Dr. Wilhelm's request would need to be directed to the Town Tower Motel Corporation since the sign could not be located in the public right-of-way but on Town Tower's property. The operator of Orfee's Hair Designs, 415 North Michigan Street, also objected to the vacation of the portion of the east -west -alley because it would restrict access to her property since Michigan Street was one-way going north. She wondered how her clients would know that, in order to reach her property from the west, they could enter on to private property owned by the Town Tower under the easement to be given. She,.too, hoped that a sign could be posted to notify the public about the easement, Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the public hearing was closed. Mr. Kernan stated �- that the Board had,. on September 13, 1982, recommended the �- vacation of the above alleys favorably to the Council subject to the granting of an easement because of its concerns over the access problem which would undoubtedly be caused to the property owners on Michigan Street. He advised that the Board had also Q been concerned about access of emergency vehicles; however, with the information which had been provided by the Town Tower Motel Corporation, those concerns had been addressed from a technical standpoint. He felt that some good points had been made regard- ing the question of how to make the public and customers and clients of the Michigan Street businesses aware of the easement rights. He stated that the current 14-foot wide alley would be vacated and a 22-foot wide.permanent easement located approximately 25 feet south of the existing alley would provide for more direct access to Lot 160, 161 and 162 because of a wider turning radius for which the city would require additional land to be dedicated, He encouraged the parties involved and the Town Tower Motel Corporation to try to work out a satisfactory arrangement regarding the possibility of erecting directional signage. Upon a motion made by Mr. Kernan, seconded by Mr. Leszczynski and carried, the favorable recommendation made by the Board on September 13, 1982, for the vacation of the northerly portion of the north -south alley was re -affirmed, and a favorable recom- mendation for the westerly portion of the east -west alley was forwarded to the Common Council, subject to the following: (1) the granting of a permanent easement by the Town Tower Motel Corporation for a 22-foot wide strip of land located approximately 25 feet south of the present westerly portion of the alley, from Main Street east to the north -south alley; (2).the dedication of additional right-of-way where the alleys presently intersect to better facilitate turning movements; (3) the reservation of the rights and easements of all utilities, all in accordance with the final site plan approved and on file in the Office of the St. Joseph County Area Plan Commission, APPROVAL OF COMMUNITY DEVELOPMENT CONTRACTS Ms. Betsy Harriman, staff member for the Department of Community Development, explained that Board approval was being requested on a contract with the Department of Redevelopment and Economic Development for public works improvements, clean-up, marketing and promotional activities to prepare the Studebaker Industrial Corridor for future use. She explained that the budget amount was $150,000.00, and the proposed contract was an extension or continuation of a previously -funded activity. Mrs. Janet Holston from the Community Development Department explained that Board approval was also needed -on a contract with Tower Federal Savings & Loan to provide for a Mortage Subsidy Program which would allow potential home owners to 422 REGULAR MEETING SEPTEMBER 27, 1982 combine the purchase of a home and rehabilitation under one mortgage at a 5% lower FHA rate. She stated that the budgeted amount of the contract was $100,0.00.00. Upon a motion made by Mr. Kernan, seconded by Mr. Leszczynski and carried, the above contracts were approved. APPROVAL OF CONTRACT SCARIFICATION AND PAVEMENT REPAIRS (WALSH & KELLY, INC.) A contract was submitted for Board approval for the Scarification and Pavement Repairs Project for 1982 with Walsh & Kelly, Inc., the low bidder as awarded by the Board on September 20, 1982, in the amount of $365,358.00. Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the above contract was approved and the required Certificate of Insurance, Performance Bond and Labor and Materials Payment Bond were filed. APPROVE REQUEST TO ADVERTISE FOR BIDS - LINDSEY ST. IMPROVEMENTS Mr. Neil Shanahan, Manager of the Bureau of Public Construction, requested Board permission for the advertising for the receipt of sealed bids in conjunction with the Lindsey Street Improvements Project. Mr. Leszczynski stated that the project was a Neighbor- hood Housing Services project and provided for new curbs and asphalt pavement. Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the request was approved. AWARD BID - DUBAIL STREET BRIDGE RAIL PROJECT (RIETH-RILEY CONSTRUCTION) In accordance with the bids received by the Board on September 20, 1982, Mr. Neil Shanahan, Manager of the Bureau of Public Construction, recommended the award of Rieth-Riley Construction Company as the low bidder in the amount of $14,469.20. Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the bid as recom- mended was awarded. REQUEST FOR 4TH OF JULY PARADE REFERRED Ms. Mikki Dobski, City Events Coordinator, stated that the 1983 Ethnic Festival Committee was requesting permission to conduct a parade on Saturday, July 2, 1983, starting at 11:00 a.m., in conjunction with the Ethnic Festival along an extended route normally used for the Holiday Parade. Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the request was referred to the Bureau of Traffic and Lighting and the Police Traffic Division for review and recommendation. REQUEST TO PURCHASE CITY -OWNED PROPERTY REFERRED (303 CALVERT) A request was submitted by Mr. Tom Perkins, 306 E. Milton Street, inquiring into the possible purchase of a city -owned lot located at 303 Calvert Street. Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the request was referred to the various city agencies for a determination as to whether or not the city need retain the lot for any reason. APPROVE LICENSE APPLICATION Mr. Leszczynski noted that an application for a Massage Technician's license had been submitted by Eleanor Nemeth, 2106 Parkview Place, to be used by Mrs. Nemeth at Rana's Beauty Shop, 1823 S. Ironwood Drive, and North Village Mall. Mr. Leszczynski stated that the requirements of the ordinance had been complied with and a favorable recommendation for the issuance of the license had been provided by the Police Department. Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the license application was approved and referred to the Deputy Controller's Office for issuance. 423 REGULAR MEETING APPROVE HANDICAPPED PARKING PERMIT SEPTEMBER 27, 1982 Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the following handicapped parking.permit was approved and referred to the Deputy Controller's Office for issuance: Max White, 20084 W. Jane St. CERTIFICATE OF INSURANCE Upon a motion made by°Mr. Leszczynski, seconded by Mr. Kernan and carried, the Certificate of Insurance for Arrow Services was filed. ENVIRONMENTAL CLEAN-UP OF LOTS A list containing 97 lots ordered cleaned by the Director of the Neighborhood Code Enforcement Office was submitted. It was noted that property owners had been advised to clean up the lots and �- had failed to do so. Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the environmental list was filed. �[ FILING OF STREET LIGHT OUTAGE REPORT The report indicated a total of seven outages for the period of September 8, 1982, through September 17, 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 purchase orders totalling 26 and recommended approval. Chief Deputy Controller Sherrie L. Petz submitted Claim Docket No. 18230 through No. 18755 and recommended approval. Upon a motion made by Mr. Kernan, seconded by Mr. Leszczynski and carried, the above claims were approved and the reports filed. 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. Jo n E. Leszcz s 14 i 42seph E. Kernan ATTEST: Barbara J. 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