Loading...
HomeMy WebLinkAbout06/05/1978 Board of Public Works MinutesREGULAR MEETING JUNE 5, 1978 A regular meeting of the Board of Public [corks was convened at 9:30 a.m. on Monday, June 5, 1978 by President Patrick M. McMahon, with Mr. McMahon, Mr. Brunner and Mr. Mullen present. Deputy City Attorney Terry A. Crone was also in attendance. MINUTES OF PREVIOUS MEETING APPROVED Mr. Mullen reported that the minutes of the May 30 meeting had been reviewed and he made a motion they be approved. Mr. Brunner seconded the motion and it carried. VACATION RESOLUTION NO. 3458 RESCINDED PETITION DENIED This was the date set for holding a public hearing on Vacation Resolution No. 3458 for the vacation of the east -west alley, running 115.5 feet east and west and 14 feet north and south, from Eddy Street to Parry Street, more particularly described as the alley between Lot 13, Parry's 2nd Addition (501 S. Eddy) and Lot 12; Parry's lst Addition (435 S. Eddy). 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. McMahon noted receipt of the following correspondence regarding this vacation: 1. A letter from Councilman Roger Parent, noting that if the vacation is granted, Parry Street would become a dead -end street and that it is a heavily -used street. Councilman Parent asked that the Board vote against the vacation. 2. A letter from Robert S. Lehman expressing his opinion that this petition should not be granted and noting that the vacation would make Parry Street a dead -end street. 3. A petition signed by eleven residents on Parry Street, eleven residents on Eddy Street and nine residents on Frances Street opposing the closing of the alley. Attorney Joseph Amaral was present as was petitioner Thomas Herrman. Mr. Amaral asked Mr. McMahon if the Board had received a recommendation from the Area Plan Commission. Mr. McMahon noted that the Area Plan Commission staff reviewed the petition and recommended it favorably to the Board. Mr. Amaral said the petition is being requested to promote private urban renewal. The petitioners have demolished some structures in the neighborhood improving the area, and plan to demolish one more structure. They plan to expand their business operation. The alley is an eyesore and creates traffic problems in the area for children attending Jefferson School and the Jo Ann Brines Dance School. Mr. Amaral said the alley is of no value to the City of South Bend. It is too small to allow fire trucks to go down it and has not been maintained by the City. It was not plowed last winter. Any maintenance of the alley for the past several years has been done by Herrman and Goetz, the petitioners. The residents of the neighbor- hood will be able to use the north -south alley between Parry and Frances or the alley which is located next to the railroad tracks to the north. Mr. Amaral said the petitioners contend that no benefit will be taken from the City by this vacation. The petitioners plan to expand their operation and to provide off - street parking, thus eliminating parking congestion on Eddy, in front of their business. 501 S. Eddy will be demolished adding to the improvement of the neighborhood. Mr. Amaral asked that the Board give favorable consideration to the vacation. Richard Lawrence, 426 N. Frances, spoke in opposition to the vacation. He said the alley is used. There were formerly four alleys in the area and this is the last remaining open alley. It is needed and does benefit the residents and the City. He noted there was a fire at Alexanian's some time ago. The people on Parry Street I REGULAR MEETING JUNE 5, 1978 should be considered and the alley should be kept open. He said the only eyesore in the neighborhood is the petitioner's property. There is a trash container partially blocking the alley and trailers parked behind the building. John Owens of the Marine Corps League spoke against the vacation. He noted that there is only limited access to their building since a street was closed. Vacating this alley would cause inconvenience for people going to the Marine Corps League and for people living in the neighborhood who want to get to Parry Street. He said if the alley is closed it will hinder business at the League. Art Vedder; 429 N. Frances, spoke against the vacation. He said that closing the alley would create a fire hazard. A small fire truck can get down that alley when it is not blocked by the trash container. He said the fire hazard and the possible lack of an exit in the event of any disaster at the railroad tracks should be considered. He noted that trucks from Alexanian Brothers block Parry Street with trucks. He said the fire hazard, inconvenience to the people on Parry Street and the closing of an entrance and exit to Parry Street in the event of a disaster should be considered. Paul Williams spoke against the vacation. He said he has asked Hermann and Goetz to move their trash container so the alley can be used. He said the alley is very important to the people on Parry Street. Mr. Amaral then presented a drawing of the area to the Board and noted the lots owned by Herrman and Goetz. He said the petitioners would not necessarily close the alley if it is vacated. They do plan to provide off- street parking and would want access to the lot from Eddy Street and Parry Street. He said they were not in a position to respond to the complaint that Alexanian's block Parry Street with trucks. Mr. Brunner asked Mr. Amaral about the complaint that the alley is blocked by a dumpster. Mr. Amaral said there is a trash container in a portion of the alley. Because of the nature of the alley, the front end loader cannot get to it to unload it unless it is in that location. Mr. Brunner asked if it was not possible to unload it if it were moved out of the alley. Mr. Amaral said the loader would have to drive over the curb causing possible damage. Mr. Brunner said it would appear that the location of the trash container has had something to do with the lack of traffic in the alley. Mr. McMahon pointed out that the alley should not be blocked. Mr. Mullen asked if there was a drawing of the proposed business expansion. Mr. Herrman said he did not have a prepared drawing but the expansion would add 6000 to 8000 square feet. Lois Kuespert, 525 Eddy, said the residents.could not go along with assurance from the petitioner that the alley might not be closed. She said this was done by an oil company who petitioned to close an alley and agreed not to close it off permanently. The property was then sold and the alley was closed. Mrs. Kuespert said her business has declined since a street and other alleys in the area were closed. Mr. Mullen said the Board recognizes that Mr. Herrman would like to expand his business and he has improved the area by demolishing sub - standard structures. He said there might be alternatives to this petition which might be explored and the petitioner might consider dedicating a right -of -way to the City on one of the other lots in the area to allow the neighborhood access to Parry Street. He said it was his opinion that the alley should not be vacated at this time. Mr. McMahon said he agreed with Mr. Mullen and said Mt. Herrman might want to consider the dedication of a fourteen foot right -of -way as an alternative. The Board considers access to Parry Street as very important. He noted that the complaint about the trash container in the alley and blocking of Parry Street by Alexanian Brothers' trucks would be investigated by the Department of Public Works. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board rescinded Vacation Resolution No. 3458 and the petition to vacate was denied. 141 REGULAR MEETING JUNE 5, 1978 VACATION RESOLUTION NO. 3456 CONFIRMED The public hearing on Vacation Resolution No. 3456 for the vacation of the east -west alley between Wayne and Jefferson, running west from Lafayette to the first north - south alley was continued until this date. Mr. McMahon noted that the Board had requested a report from Captain William Shaffer of the Fire Department regarding Mr. James Nafe's claim that fire protection to the rear of his building would be hindered by the alley vacation. Captain Shaffer noted that he made a field inspection and measurements in the area of the Indiana Club building with regard to available fire hydrants. There are six hydrants in the area - the corner of Jefferson and Lafayette, Jefferson and Franklin, Jefferson and Williams, Wayne and Western, Wayne and Franklin and Wayne and Lafayette. He said the hydrant located at the entrance of the alley in question and Lafayette Street is the closest one to the rear of the Indiana Club building. However, there are two other hydrants available to the Fire Department at Jefferson and Williams and Franklin and Wayne. Captain Shaffer said he discussed this matter with B/C Edward Szymkowiak of the Fire Inspection Bureau and Assistant Chief Carl Zwierzyynski, Drillmaster, and it was the consensus of opinion that the vacation of this alley will in no way affect the operation of the Fire Department adversely. He also noted that the Department responds to any call in the downtown area with four pumpers, two to the front and two to the side. The Department could provide adequate protection if the alley is closed. James Nafe, owner of the building at 320 W. Jefferson, said he had alluded to an insurance problem last week and said his insurance agent has indicated that there will be an .adverse effect on the underwriting of his insurance. Mr. Nafe submitted a letter from his insurance agent which was filed with the Board. He then pointed out that this is a used alley. He said his building is 198 feet long. He said if a fire occurred in the front of the building, there is a hydrant across the street. The other hydrants are some several hundred feet from the rear of the building. He said Gurley -Leep frequently has vehicles parked in the back, some on private property and there has been some difficulty getting access to the rear service door on his building. He said closing this alley would increase traffic on the other thoroughfares. Mr. Nafe said the vacation would cause a substantial detriment to the public and to his building and he wished to repeat his previously stated objections to the vacation. Michael Leep of Gurley -Leep Buick was present and said they would be willing to pay the cost of installing a new fire hydrant at the back of the building. It would also benefit Gurley -Leep. He said Gurley - Leep's building adjacent to the alley is presently vacant and being used for storage. They plan to use this space and staff it and it will be an improvement to the downtown. Mr. Leep said they want to be good neighbors and would see that the north -south alley is not blocked. They are also willing to dedicate enough right -of -way to provide a turning radius into the north -south alley. Mr. Leep was asked where construction would take place if the alley is vacated and he said on the first forty feet from Lafayette Street. Mr. McMahon then asked Mr. Leep if he was agreeing to pay the cost of installation of a fire hydrant in the alley and providing a turning radius and Mr. Leep said he was. Mr. McMahon made a motion to confirm Vacation Resolution No. 3456, subject to the installation of a new fire hydrant at the alley intersection and to the dedication of the necessary right -of -way, as determined by the Department of Public Works, for the turning radius. Mr. Mullen seconded the motion and it carried. M REGULAR MEETING JUNE 5, 1978 PUBLIC HEARING ON REVENUE SHARING APPROPRIATION This was the date set for holding a public hearing on a revenue sharing appropriation of $70,000 for a Street Sweeper and $5,000 for Roof Repairs at the Municipal Services Facility. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri- County News which were found to be sufficient. In accordance with the guidelines established for such revenue sharing requests, information about this public hearing was forwarded to the following senior citizen groups with the request that the notice be published for the members: Foster Grandparents, Hansel Neighborhood Center, Harvest House Centers, Howard Park Senior Citizens' Center, R.E.A.L. Services, Retired Senior Volunteers Program and Senior Citizens' Group of LaSalle Park. There were no citizens present who wished to speak on the matter and no written comments were filed with the Board. Mr. McMahon made a motion that the public hearing be closed and that information be submitted to the Common Council along with the minutes of the public hearing. Mr. Mullen seconded the motion and it carried. SUB - GRANTS APPROVED - BUREAU OF EMPLOYMENT AND TRAINING Elroy Kelzenberg, Director of Mannower and Training, was present and submitted to the Board two sub -grant agreements. The first was with Ivy Tech in the amount of $11,082, increasing the total amount of the sub -grant to $271,981 through 9 /30/78 and is to provide for phasing out of the auto mechanics cluster and expanding the original commitment for funding of individual career training operations to fifty participants. The second sub -grant is with Public Action in Correctional Effort and increases the amount of the sub -grant by $30,850, to a total of $57,600, for client services through 12/31/78. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the sub - grants were approved. BID ADVERTISING APPROVED - CHIP AND SEAL,�PAVING;AND SCARIFICATION Patrick M. McMahon, Director of Public Works, requested permission to advertise for bids for Chip and Seal and Contractual Paving and Scarification. Detailed specifications and a listing of the streets involved will be forthcoming. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the request was approved and the Clerk was directed to advertise for sealed bids. REQUEST TO PURCHASE CITY -OWNED LOT FILED G & N Warehouse, 209 N. College Street, submitted an inquiry regarding the possible purchase of a city -owned lot at 212 -214 N. Brookfield Street. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the request was filed and referred to the Department of Engineering, Parks and Redevelopment for review and a determination as to whether the lots should be retained for any purpose. . REQUEST FOR BLOCK PARTY FILED The Board received a request from Neal M. Cason, 651 Ostemo Place, to hold a block party in the 500 and 600 blocks Ostemo Place on Sunday, July 2 from 10:00 a.m. until 7:00 p.m. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the request was referred to the Bureau of Traffic and Lighting and the Police Department for review and recommendatin. 143 REGULAR MEETING JUNE 5, 1978 PETITION FOR TWO -HOUR PARKING ZONE AT 1400 MISHAWAKA AVE. FILED A petition signed by six residents of the 1400 block Mishawaka Avenue, requesting a two -hour parking zone in that block, from 9:00 a.m. to 5:00 p.m., Monday through Friday, was submitted to the Board. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the petition was referred to the Bureau of Traffic and Lighting for review and recommendation. REQUEST FOR THIRTY - MINUTE PARKING ZONE FILED Eugene Sayer requested that the Board change a two -hour parking zone at the north -east corner of 28th Street and Mishawaka Avenue to a thirty- minute zone, to allow for turnover of parking. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the request was referred to the Bureau of Traffic and Lighting for review and recommendation. OPEN AIR STAND APPROVED - 1346 N. IRONWOOD The application of Steve Crane to operate a fireworks stand at 1346 N. Ironwood, from June 23 through July 5, was tabled last week for review in connection with the construction of the Ironwood Drive improvements. Mr. McMahon noted that he has reviewed the application and it will not interfere with the planned construction. However, a stipulation has been added to the application that the license is subject to revocation upon written notice if warranted by construction of the Ironwood Drive Improvements. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the application was approved with the above stipulation, and subject to securing the necessary City license and compliance with the regulations of the South Bend Fire Department and the State Fire Marshall. OPEN AIR STAND APPROVED - 806 E. LASALLE Mary E. Bognar submitted an application to operate an open air stand for the sale of fireworks at .806 E. LaSalle. The property is commercially zoned and the written permission of the property owner was attached. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Board approved the application, subject to securing the necessary City license and compliance with the regulations of the South Bend Fire Department and the State Fire Marshall. OPEN AIR STAND APPLICATION DENIED - OLIVE AND SAMPLE The application of William E. Moore, d /b /a G & M Enterprises, to operate an open air stand for the sale of fireworks at the corner of Olive and Sample, on railroad property, was submitted to the Board. James A. Masters, Deputy City Attorney, advised the Board that the Fire Department and Police Department made a response to a citizen complaint that fireworks were being unloaded at 1715 Portage Avenue in a residential zone. William E. Moore, Chicago, Illinois, was present at 1715 Portage Avenue at the time the Departments investigated the complaint. It is alleged that fireworks are being delivered from that address, which is in an A Residential Zone. There is great concern that fireworks may be being brought in and stored there. Mr. Masters requested that the Board schedule a hearing so the applicant will be required to appear before the Board and explain whether fireworks are being distributed from that location. Mr. Mullen inquired whether this was the same applicant with whom the Board dealt last year with regard to stands operating for the sale of flowers and fireworks without proper licensing. Mr. Masters indicated this was the same applicant. Mr. Mullen made a motion to deny the application. Mr. McMahon seconded the motion and it carried. The applicant will be notified of the denial and of a hearing scheduled on the matter for next Monday, June 12 at the regular meeting of the Board. 144 REGULAR MEETING PROCEDURE FOR RENTAL OF ISLAND PARK ESTABLISHED JUNE 5. 1978 Deputy City Attorney Terry A. Crone advised the Board that inquiries regarding the rental of Island Park are being received by the Century Center Board of Managers. He recommended that the Board establish a procedure for handling the rentals through the Century-Center Director. . Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Board approved the delegation of the authority for rental of Island Park to the Century Center Board of Managers, with the Legal Department to prepare an appropriate notification. TRAFFIC CONTROL DEVICE APPROVED Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, recommended that the Board approve installation of No Left Turn signs at 702 S. Chapin Street, to eliminate vehicles going south in the northbound lanes. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Board approved the recommendation. BLOCK PARTY APPROVED Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, reported to the Board that the request of William Michalski to hold a Block Party on Meade Street, from Ford Street to Grace Street, on Saturday, August 12 from noon until 11:00 a.m, has been reviewed with the Police Department Traffic Detail and approval is recommended. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Block Party was approved. CHANGE IN ROUTE FOR JULY 4TH FOOTRACE APPROVED Mikki Dobski, Director, River Bend Plaza, submitted to the Board a proposed route change for the.Fourth of July Foot Race to be held beginning at 9:00 a.m. on the Plaza. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the route was approved, subject to the. approval of the Bureau of Traffic and Lighting. OPEN AIR STAND APPLICATION APPROVED - CINNABAR'S Mikki Dobski, Director of River Bend Plaza, submitted to the Board the application of Mike Woodward, on behalf of Cinnabar's, to operate an open air stand in the parking lot adjacent to the Red Door Club on Saturday,'June 10 at the'time of the Garage Sale in the Colfax Parking Garage. Miss Dobski.was present and advised the Board that the applicant would like to have Disco music and sell beer in the parking lot. He has not yet received approval from the A.B.C. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board approved the stand application for food handling only, with the stipulation that no alcoholic beverages can be sold and with approval subject to securing the necessary license and insurance. BONDS APPROVED David A. Wells, Manager of the Bureau of Design and Administration, reported to the Board that he had reviewed the following bonds and recommended approval: A. Excavation Bond for Bartolini Excavating Company B. Contractor's Bond for Ken Yoshida d /b /a Ralph Keller Company C. Contractor's Bond for Fred L. Stump Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the bonds were approved. REGULAR MEETING CERTIFICATE OF INSURANCE FILED 145 JUNE 5, 1978 Standard Mechanical, Inc. submitted to the Board a Certificate of Insurance. The Certificate conforms to the present City requirements for insurance coverage. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the insurance certificate was filed. APPROVAL OF CLAIMS Michael L. Vance, Deputy City Controller, submitted to the Board Claim Docket Numbers 10062 through 10478 and recommended approval. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board approved Claim Docket Numbers 10062 throuth 10478 and directed that checks for payment be issued. STREET LIGHT OUTAGE REPORT FILED The Street Light Outage report for the period May 19 through 30 was submitted to the Board. The report indicated thirty -four outages. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the report was ordered filed. There being no further business to come before the Board, upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the meeting adjourned at 10:45 a.m. trick M. McMahon ATTEST: - /& ( Patricia DeClercq, Clerk