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
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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.
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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. By s, C1 rk