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HomeMy WebLinkAbout08/25/1980 Board of Public Works MinutesREGULAR MEETING AUGUST 25. 1980 The regular meeting of the Board of Public Works was convened at 9:35 a.m. on Monday, August 25, 1980, by President Patrick M. McMahon, with Mr. McMahon, Mr. Richard L. Hill and Mr. Joseph E. Kernan present. Deputy City Attorney Terry A. Crone was also present. AGENDA ITEM DELETED Upon a motion made by Mr. McMahon, seconded by,Mr. Hill and carried, the Extra Work Agreement with Rieth -Riley Construction Company for the Orange- Colfax Connector Project was deleted from the agenda. APPROVAL OF MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Kernan, seconded by Mr. McMahon and carried, the minutes of the regular meeting of August 18, 1980, were approved as submitted. VACATION RESOLUTION NO. 3494, 1980 - CONFIRMED (RUM VILLAGE ADDITION This was the date set for holding a public hearing on Vacation Resolution No. 3494, 1980, for the vacation of the first east -west alley north of Ewing running east from Webster to the first north - south alley for a distance of 128 feet in Rum Village Park, 2nd Addition to the City of South Bend. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri- County News which were found to be sufficient. It was.noted that a notice had been sent to all property owners in the vicinity of the proposed vacation and letters had been received from the various city agencies indicating that there was no objection to the proposed vacation. There was no one present to remonstrate against the vacation. Upon a motion made by Mr. McMahon,,seconded by Mr. Hill and carried, the Board confirmed the Vacation Resolution and ordered preparation of the Assessment Roll to be filed on September 8, 1980 VACATION RESOLUTION NO. 3495, 1980 - CONFIRMED (ST. JOSEPH'S HOSPITAL This was the date set for holding a public hearing on Vacation Resolution No. 3495, 1980, for the vacation of the north -south alley from LaSalle Avenue north to the east -west alley between Notre Dame Avenue and St. Peter Street; and the east -west alley from N. Notre Dame Avenue west to N. St. Peter Street between E. LaSalle and Madison Street; both in Sam Cottrell's lst Addition to Lowell, South Bend, Indiana. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri - County News which were found to be sufficient. It was noted that a notice had been sent to all property owners in the vicinity of the proposed vacation and letters had been received from the various city agencies indicating that there was no objection to the vacation. Mr. James Nafe, Attorney at Law practicing at 320 West Jefferson Boulevard, stated that he was representing the Western Southern Life Insurance Company which owned property at 805 East LaSalle. He presented a sketch to the Board showing the location of the insurance office and parking lot in relation to the alley. He stated that his client had no objection to the vacation of the north -south alley or that section of the east -west alley which ran east of its property; however, there was objection to the vacation of that portion of the alley behind the insurance company onto St. Peter Street, since its entryway was off LaSalle. Mr. Nafe indicated that it would be practically impossible for customers and employees of the insurance company to turn around and come back out on LaSalle Street from the parking lot, and further there would not be enough room for adequate ingress and egress. He stated that approximately 25 employees use the alley, in addition to customers of the facility. Mr. John Steinhofer, Project Manager for St. Joseph's Hospital, stated that the hospital would have no problem with keeping that portion of the alley behind the insurance company REGULAR MEETING open for use by the insurance company. He p Board showing the hospital's plans for the p He stated that a fence would be erected alon stated that the Board would prefer to vacate the alley, and he asked whether or not there to the hospital and insurance company if the easement to the insurance company across the to the insurance office. Mr. Nafe felt ther on the part of the insurance company to the Mr. William Kanig, Real Estate Officer of We Mr. Kanig felt there would be no problem as would have ingress and egress through that p behind its property. Mr. Steinhofer advised be willing to grant such an easement for the Upon a motion made by Mr. McMahon, seconded the Board confirmed the Vacation Resolution of the Assessment Roll to be filed on Septem the execution of an easement for that portio the insurance company and the property owned west of that owned by Western Southern Insur access be given to St. Peter Street. VACATION RESOLUTION NO. 3496. 1980 - CONF This was the date set for holding a public h tion No. 3496, 1980, for the vacation of the Northside Boulevard running west from Clover north -south alley between Lots 108 and 109 i South Bend, Indiana. The Clerk tendered pro notice in the South Bend Tribune and the Tri found to be sufficient. It was noted that a to all property owners in the vicinity of th and letters had been received from the vario that there was no objection to the proposed one present to remonstrate against the vacat by Mr. McMahon, seconded by Mr. Kernan and c firmed the, Vacation Resolution and ordered p ment Roll to be filed on September 8, 1980. PUBLIC HEARING - PETITION OF BREMEN IRON AND SCRAP DEALER'S LICENSE This was the date set for holding a public he Bremen Iron and Metal for a scrap dealer's li ing on Sample Street immediately east of Webs along and to the rear of the Penn Central Rai Bancroft, Attorney at Law, practicing at 645 stated that he was representing Bremen Iron a absence, and he introduced Mr. Steve Garver, Mr. Daniel Rifkin from Bremen Iron and Metal. client was intending to invest a great deal o of his business and would be hiring additiona operation. He stated that, before this was d Metal desired approval of the Board of Public Council for a scrap dealer's license at the p further advised the Board that there were fou involved at the site, and he stressed that, w applying for a scrap dealer's license, the pr a junk yard but a modern industrial waste dis indicated that there was a similar operation the facility would be a pollution -free operat the area was properly zoned for that purpose access to the city. Mr. Bancroft stated that time.was unsightley; however, Bremen Iron and responsibility for its condition at this time that his client would be maintaining the prop AUGUST 25, 1980 esen ted a drawing to the operay in that vicinity. the alley. Mr. McMahon the entire portion of would be any objection hospital granted an existing alley adjacent would be no objection asement. He introduced tern Southern Insurance. ong as the insurance company rtion of the alley that the hospital would use of the alley. y Mr. Hill and carried, nd ordered preparation er 8, 1980, subject to of the alley behind by Brothers (property nce) in order that EUCLID ADDITION; aring on Vacation Resolu- first alley north of to the intersecting Euclid Park Subdivision, fs of publication of County News which were notice had been sent proposed vacation s city agencies indicating acation. There was no on. Upon a motion made rried, the Board con - eparation of the Assess - TAL FOR aring on the petition of cense for property front - ter Street and extending lroad tracks. Mr. Bruce First Bank Building, nd Metal in Mr. Dunfee's Hr. John Maranowski and He stated that his f money into the location 1 employees to man the c)ne, Bremen Iron and Works and the Common roposed site. He r parcels of property hiie his client was Dperty would not be posal facility. He in Fort Wayne, and Lon. Further, that and there was good the property at this Metal assumed no He assured the Board erty and it would be � I 1 REGULAR MEETING AUGUST 25, 1980 cleaned up and would not be a detriment to the city if the license was approved for the facility. Mr. Bancroft further explained that the location of Bremen Iron and Metal on Gertrude Street would be eventually phased out and all operations would be conducted at the proposed site. He stated that Board approval was the first step in the substantial investment that Bremen Iron and Metal would be making in the community. He requested that the Board, upon making its decision, immediately refer the matter the City Council so that action by that body could be given as soon as possible. Mr. McMahon stated that the facility would abut on public streets except for the Express Freight property and the area immediately west of it. Mr. Bancroft stated that he was correct, and he assured the Board that the required fencing and screening would be erected. Mr. McMahon asked about the amount of truck traffic anticipated to be involved. Mr. Bancroft stated that the site had available rail transportation. Mr. Garver stated that the site had been selected because of the rail facilities. He felt this would greatly reduce the amount of truck traffic which was currently being experienced on Gertrude Street. He felt that, over a period of an eight to ten hour day, it was possible approximately three trucks per hour would arrive and /or leave the plant. He stated that most of the transporting would be done by rail. Mr. Hill referred to the map attached and made a part of the petition, and he asked where the buffer strip on Sample Street would be located. Mr. Bancroft pointed out the 15 -foot buffer strip between the fence enclosure and road which was required by ordinance. Mr. Kernan asked if a Class A fence would be installed along the east boundary of the property. Mr. Garver stated that Class A fencing would be constructed around the entire property except for the frontage on Sample Street. Mr. Hill asked if there would be any need to give consideration to a higher fence on Sample Street. Mr. Garver explained that the build- ing on Sample would only be a maintenance and office facility. Fire Inspector Kaczmarek stated that the Fire Prevention Bureau had no objection to the facility and proposed site, but encouraged the petitioner to provide fire hydrants for the property. Mr. Bancroft assured the Board that fire hydrants would be located on the property. Mr. McMahon requested that that information be filed with the Board. He stated that no report had been filed by the Environmental Control Office, and he felt the Board would need to delay the matter until a recommendation was received. Mr. Bancroft was concerned about a time delay because he was hopeful the Council could act on the petition in September. Mr. McMahon stated that, if the matter was continued to the next regular meeting of the Board which would be held on September 8, 1980, there would still be time to forward the petition to the Council for action on September 15th. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the matter was continued to the September 8th meeting of the Board in order to receive pertinent information from the Environmental Control Office. PUBLIC HEARING - 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 $264,000.00 during the calendar year 1980. 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 that this was the public hearing on the proposed use of revenue sharing funds as follows: $250,000.00 Gasoline purchases 14,000.00 Humane Society contract In accordance with guidelines adopted for such use of revenue sharing funds, information about this public hearing was forwarded to the following senior citizen groups with the request that the notice be posted: Foster Grandparents, Hansel Neighborhood Center, REAL Services, Retired Senior Volunteer Program and Senior Citizen Group of LaSalle Park. There was no one present to speak against the proposed expend- REGULAR MEETING itures. Upon a motion made by Mr. McMahon, carried, the public hearing was closed and t to forward the minutes of this public hearin Office and the City Clerk. AUGUST 25, 1980 econded by Mr. Hill and e Clerk was instructed to the Controller's APPROVAL OF REQUEST FOR TRANSFER OF TITLE (RIGHT -OF -WAY ENCROACHMENT - U.S. 20 AND U.S. 33. FIRST BANK CENTER PROJECT Mr. McMahon advised that the city had recent] Highway approval requests for easements on U. conjunction with the First Bank Center Projec struction on the southwest.corner of the intE roadways. The State Highway Commission had iE problems were determined to exist with the rE the Commission suggested that the City of Sot transfer of title of the subject real estate. Mr. McMahon, seconded by Mr. Kernan and carri to request a transfer of title of the state z same to the State Highway Commission for accE APPROVAL OF CONTRACT (COMET CAR WASH y submitted for State S. 20 and U.S. 33 in t currently under con - rsection of these two dvised that certain quest as submitted and th Bend request a Upon a motion made by ed, approval was given ight -of -way and submit ptance. Mr. McMahon noted that approval was required on the yearly contract for car washes. He explained that Comet Car Was had been awarded the bid for car washes on July 7, 1980, and the contract called for the payment to Comet as follows: $2.25 per month - 0 to 100 units (full service) 2.15 per month - 100 or more units (full service) 1,75 per month - 1 to 100 units (wet wash only) 1.65 per month - 100 or more units (wet wash only) Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the contract was approved. APPROVAL OF CERTIFICATE OF SUBSTANTIAL COMPLETION (THATCHER ENGINEERING - FIRST BANK CENTER) Mr. McMahon noted that Thatcher Engineering was submitting for approval a Certificate of Substantial Completion and a Waiver of Lien for the sheet piling and bearing piling portion of the First Bank Center Project. It was noted that the contract amount was $190,646.62. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the documents were filed and the Controller's Office was authorized to release any and all retainage and escrow funds for the above project. APPROVAL OF CHANGE ORDER NO. 1 (RIETH -RILEY CONSTRUCTION SAMPLE STREET IMPROVEMENTS) Mr. McMahon stated that Rieth -Riley Constru Change Order No. 1 in the amount of $9,390. of a two -phase actuated traffic controller pole and relocation of controller. He expl the controller was to be installed on a fix the bid of Rieth -Riley had been lower than funds were available to provide the actuate motion made by Mr. McMahon, seconded by Mr, change order was approved. APPROVAL OF CONTRACT (RIETH -RILEY CONSTRUCT STORM DAMAGE, CURB AND WALK REPAIR) Mr. McMahon stated that the contract with Ri Company for the 1980 Storm Damage, Curb and '� being submitted for Board approval. He note project had been received on August 4, 1980, Rieth -Riley had been awarded on August 11, 1 tion was submitting 0 for the installation nd the temporary signal ined that, originally, d -time basis; however, nticipated and sufficient traffic signal. Upon a Kernan and carried, the th -Riley Construction lk Repair Project, was that bids for the and the low bid of 80, in the amount of 1 it REGULAR MEETING AUGUST 25, 1980 $29,221.55. Mr. McMahon stated that the necessary Performance Bond, Labor and Materials Payment Bond and appropriate Certificate of Insurance had been filed with the Board. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the contract was approved. FILING OF REPORTS AND ADOPTION OF VACATION RESOLUTION NO. 3497, 1980 (PORTION OF GRANT STREET) VACATION RESOLUTION NO. 3497, 1980 RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, That it is desirable to vacate the following: Grant Street from North right -of -way of Prairie to South right -of -way of Delaware. Reserving the rights and easements of all Utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right of way, unless such rights are released by the individual Utilities Lot Nos. 43, 44, 45, 46, 47, 48, 49 and 50, Highland Park Subdivision; and Lot Nos. 144, 145, 146, 147, 148 and 151, Whitmans 1st Addition. Notice of this Resolution shall be published on the 29th day of August and 5th day of September, 1980, in the South Bend Tribune and in the Tri- County News. This Board, at its office, on the 15th day of September, 1980, at 9:30 o'clock A.M., will hear and receive remonstrances from all persons interested in or affected by these proceedings. Adopted this 25th day of August, 1980. BOARD OF PUBLIC WORKS s/ Patrick M. McMahon s/ Richard L. Hill s/ Joseph E. Kernan ATTEST: s/ Barbara J. Byers, Clerk Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the Board filed the reports, adopted the above Resolution and set a public hearing on the resolution for September 15, 1980. APPROVE MAGIC SHOW ON RIVER BEND PLAZA A favorable recommendation was submitted regarding the request of Craig Moran to conduct a Magic Show on August 28, 1980, at 12:00 noon on River Bend Plaza on the Robertson's Stage. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the request was approved and referred to the Controller's Office for a determ- ination as to insurance requirements. REGULAR MEETING REOUEST TO PURCHASE CITY -OWNED PROPERTY (18 AUGUST 25. 1980 9 S. KENDALL A request to purchase city -owned property located at 1819 South Kendall Street was received from Mrs. Mary G� Scharr, 603 West Ewing. Upon a motion made by Mr. McMahon, seconded by Mr. Hill 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. DENIAL OF RESTRICTED RESIDENTIAL PARKING Mr. Ralph J. Wadzinski, Manager of the Burea submitted a summary and his findings concerr dents in the 2500 block of Northview, off of Pinhook Park, for the establishment of a res parking zone. Mr. Wadzinski advised that fi for both a weekday and a weekend during the open for use. The studies revealed insuffic by the ordinance and, on that basis, Mr. Wad of the request. Mr. Hill stated that it apr that area have experienced some relief conce ing since the elimination of the parking fee was hopeful this would completely eliminate for parking by the users of the park. Upon McMahon, seconded by Mr. Kernan and carried, and the request of the residents to establis parking in the 2500 block of Northview was d insufficient occupancy. Mr. McMahon instruc the residents of the Board's decision and al would consider one -side parking on Northview the residents would petition the Board for s APPROVAL OF TRAFFIC CONTROL DEVICE THVI u of Traffic and Lighting, ing the request of resi- Riverside next to tricted residential eld studies were completed times Pinhook Park was ient occupancy as required zinski recommended denial ears the residents in rning the on-street park- s at Pinhook Park. He the use of the street a motion made by Mr. the report was filed h restricted residential enied on the basis of ted the Clerk to advise so advise that the Board on a seasonal basis if Mr. Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, submitted a request for the installation of a stop sign on Jennings at St. Joseph Street (uncontrolled "T" intersection). Upon a motion made by Mr. McMahon, seconded by Mr. iHill and carried, the traffic control device was approved. APPROVAL OF HANDICAPPED PARKING PERMITS Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the following handicapped parking permits were approved and referred to the Controller's Office for issuance: Joseph S. Kepes, Jr. 1337 North Elmer Street South Bend, Indiana 46628 LeRoy Ripper 121 East Jennings South Bend, Indiana FILING OF STREET LIGHT OUTAGE REPORT Doctor's) certificate attached Doctor's certificate attached The report indicated a total of 13 outages during the period of August 14, 1980, through August 21, 1980. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the report was filed. F, 1 REGULAR MEETING APPROVAL OF CLAIMS AUGUST 25, 1980 Chief Deputy Controller Michael L. Vance submitted Claims Docket No. 15834 through No. 16292 and recommended approval. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the report was filed and the claims approved. There being no further business to come before the Board, upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the meeting adjourned at 10:25 a.m. . 11'ernan ATTEST: Barbara J. Bye s, Cle6zk 14. 677 I I 1