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HomeMy WebLinkAbout09/08/1980 Board of Public Works MinutesREGULAR MEETING SEPTEMBER 8, 1980 The regular meeting of the Board of Public Works was convened at 9:30 a.m., on Monday, September 8, 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. MINUTES OF PREVIOUS MEETING APPROVED Upon a motion made by Mr. Hill, seconded by Mr. McMahon and carried, the minutes of the regular meeting of August 25, 1980, were approved as submitted. OPENING OF BIDS - SIGNALIZATION OF INTERSECTIONS This was the date set for receiving bids for the signalization of the following intersections: Angela and North Shore, Angela and Riverside, Donmoyer and Michigan and Western and Summit 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 following bids were opened and publicly read: Pass Electric, Inc. Bid was signed by Edwin A. Pass, R. R. 1, Box 13 non- collusion affidavit was in Greenwood, Indiana order, and a bid bond in the amount of 5% of the bid was submitted. $246,619.44 It was noted that the written dollar figure and the numerial dollar amount differed; however, the supporting documentation substantiated the $246,619.44 figure. Morse Electric Bid was signed by Edward H. Morse, 712 N. Niles Avenue non - collusion affidavit was in South Bend, Indiana order, and a bid bond in the amount of 5% of the bid was submitted. $189,369.21 Arrow Electric Co. Bid was signed by Harold Markward, 51160 Bittersweet non- collusion affidavit was in Granger, Indiana order, and a bid bond in the amount of 5% of the bid was submitted. $214,566.35 Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the above bids were referred to the Engineering Department for review and recommendation. APPROVE HOUSE MOVE - 534 N. LAFAYETTE TO 416 MANITOU Mr. McMahon announced that this was the public hearing on the proposed house move of Timothy J. Lykowski to move a home owned by William Welsheimer, Jr. from 534 North Lafayette Boulevard to 416 Manitou Place. He stated that adjacent property owners had been notified by the Building Department of the proposed move, and that the following two routes were being considered: (1) North on Lafayette to LaMonte Terrace, west on LaMonte to Park Avenue and north on Park Avenue to Manitou Lane; (2) South on Lafayette to Marion, west on Marion to Portage, west on Portage to Forest Avenue, north on Forest to Manitou Lane. Mr. Dan W. Richardson, President of the Park Avenue Neighborhood Association, residing at 721 Park Avenue, read a statement of the association supporting the move and welcoming the home to Manitou Place, but objecting to the first route as proposed using LaMonte Terrace because of the large trees which would need to be trimmed along the route and because of possible damage to the storm sewers beneath the brick street. Mr. John Solbeck, 801 Park Avenue, asked if the 4 -A REGULAR T•1EETING contractor could be required to water down tl in the move from the house at its present lo( stated that the mover, Lykowski Construction hose down the dust. Mr. Timothy J. Lykowski that he preferred utilizing the first route 1 with traffic control would be encountered an( less and smaller sewers and other obstructioi He stated that the owner would also have to 1 moving the utility lines along the second roi amount of $4,000. He stated that there woul( ming along the proposed route. Mr. McMahon scheduled to -take place. 11r. Lykowski state( route was approved, it could probably take p: week. If the second route was approved, it i longer period to make the necessary arrangem( and removal of utility lines. Mr. McMahon a! hill in the proposed first route. Mr. Lykow! building was smaller than anything he has ev( and he did not feel the grade would be a prol stated that the second route had already beet and the trees had been previously trimmed. I cave -ins of sewers which have occurred in th( under the brick streets. He expressed concei Terrace hill. Mr. Lykowski stated that it w� the move was safe, and he had checked the rol felt there was no possibility the house woul( hill. He further stated that LaMonte was on_ than the house, and he did not feel'any prob: because of that. Mr. McMahon stated that he was not concerned lose the house on the LaMonte Terrace hill b in his ability as a house- mover. He did exp about the potential problems with sewers and and he stated that the second route had been a motion made by Mr. McMahon, seconded by Mr house move was approved utilizing the second Lafayette to Marion, west on Marion to Porta Forest, and north on Forest to Manitou Place ASSESSMENT ROLL HEARING - VACATION RESOLUTI (HIGH INDUSTRIAL PARK) This being the date set, hearing was held on respect to Vacation Resolution No. 3492, 198 the 20' and 14' alley that runs northwesterl south of Sample Street for a distance of 250 N.E. W of Section 13, Township 37 North, R of South Bend, Indiana. The Clerk tendered notice in the South Bend Tribune and the Tri found to be sufficient. The Assessment Roll and $0.00 net damages to the abutting proper were present and no written remonstrances we Upon a motion made by Mr. McMahon, seconded the Assessment Roll was approved and said re ratified and confirmed and said proceedings APPROVE FENCING REQUIREMENTS FOR SCRAP DEALE GENE'S AUTO SALVAGE. AND ALBERT MICKELSON PR Mr. McMahon stated that the Board of Public i by an Ordinance passed by the Common Council scrap dealers within the city, and that a pul held on August 11, 1980 and August 18, 1980, requirements for Steve and Gene's Auto Salva Previously, the owners had requested that th, to the fencing requirements because the prim; SEPTEMBER 8, 1980 ie dust which would result ration. Mr. McMahon could be requested to advised the Board )ecause less problems i because there were is with which to contend. )ay the expense of re- ite in the approximate I be limited tree trim - isked when the move was I that, if the first _ace by the end of this 70uld take a somewhat ants for traffic control ,ked about utilizing the ;ki stated that the �r moved for some time, >lem. Mr. Richardson i used for a house move le also talked about the Park Avenue neighborhood -n about the LaMonte Ls his job to make sure rtes thoroughly. He I be lost going up the .y one foot narrower _ems would be created that: Mr. Lykowski would cause he had confidence ess concern mainly r the brick streets, used previously. Upon Hill and carried, the route going south on e, west on Portage to NO. 3492, 1980 the Assessment Roll with for the vacation of off of High Street, 33' more or less, in the nge 2 East in the City roofs of publication of County News which were lists $0.00 net benefits ies. No remonstrators e filed with the Board. y Mr. Kernan and carried, olution is in all things losed. (STEVE AND 'orks had been delegated to require fencing of lic hearing had been concerning the fencing ;e, 3109 Gertrude Street. Board grant an exception ry business of Steve and C I REGULAR MEETING SEPTEMBER 8, 1980 Gene's Auto Salvage was the buying and selling of used cars. Mr. McMahon stated that the Board had made inspections of the site on two different occasions and that previously representation had been made to the Board that all of the vehicles which were visible from the street were operable and that there was no salvage of the parts from these vehicles. He stated that the Board's review of the situation left the members with the opinion that there was a great deal of salvage from those vehicles. He stated that the Board recongnized that there was a certain amount of used car sales being conducted on the property and, if those sales could be isolated at the front of the property, that area could be left open with the balance of the yard being fenced as required by ordinance. Mr. Edward Olczak, the attorney representing Steve and Gene's stated that he had previously informed the Board that all the vehicles were operable. He stated that there was no difference between Steve and Gene's and the Weaver firm on this particular issue, yet that company was not required to fence its property. Mr. Olczak informed the Board that the vehicles from which parts are salvaged are not visible from the roadway. He still maintained that most of the vehicles on the lot were operable. He stated that parts are sold from various cars which are inoperable, but that Steve and Gene's was not a "junk" operation. He advised the Board that many of the inoperable cars are also sold complete as they are and that this area is quite a distance from the residential neighborhood. Mr. McMahon stated that the Board has not been in the business.of reviewing junk yard operations; however, since being placed in that role, must mandate compliance with the ordinance. Mr'. McMahon asked if the fence could be constructed and set back on the property thereby allowing an area in front for the sale of the used cars, and by "used cars ",. Mr. McMahon meant vehicles that were operable or driveable from the lot. He stated that the Board was aware of an inequity between the Weaver firm and Steve and Gene's regarding the fencing requirements, and he assured Mr. Olczak that that matter would be pursued further by the Legal Department. Mr. Olczak asked how far back the Board wanted the fence erected, and Mr. McMahon stated that the distance could be determined by the owners of the property since only they would know how much space they would adequately need for the used - car operation. Mr. McMahon stated that he hoped no junk cars or salvage parts operation would be conducted in the area which would not be fenced. Mr. Olczak stated that his clients would try to work some- thing out regarding erection of the fence, and he asked that the Board allow them time to do just that. Mr. McMahon stated that the Board would allow Steve and Gene's a 30 -day period to submit plans to the Board showing the layout of the property and the area to be enclosed by the fence. Mr. Kernan stated that Steve and Gene's has been very cooperative and helpful in this regard, and he felt they have continually been honest with the Board. Mr. Hill stated that, on August 11, 1980, the Board addressed itself to the operation of the junk yard located at 307 West Calvert (Mickelson). At that time,.some of the fence which was required was in place, and, on August 11th, the Board decided to suspend the license on August 25, 1980, pending the results of a hearing which was held on August 18th Mr. Hill advised that, at that time, it appeared that there was technical compliance with the ordinance, but, since that time, the Board had received complaints regarding the fence and an inspection by the Board had been made. Mr. Hill stated that, in two areas, the covering was not in compliance with the ordinance, one area of which was the front gate. Also, there was a discrepancy in the height of the fence and, in some instances, the operation could be viewed from the roadway. Mr. Hill explained that the ordinance provides that the fence be erected along or near any area visible from the roadway. He felt that, to comply fully with the ordinance, the front gate area should be re- worked to the same height, and fencing along the side of the property should be constructed of the same height. He presented photographs to the Board showing the problem with the various heights of the fence. He stated that there was some reference in the ordinance to uniformity of fencing materials used in REGULAR MEETING construction. He also stated that there has the owner in getting to this point, but he f were needed as he had outlined. Mr. Carl Le: representing Mr. Mickelson, submitted photo& which had been taken on September 6, 1980. examination of the fence shows that the fend and material. He stated that, along the rai was no requriement for a fence. Mr. Hill st; about the height and distance from the corner along the side. He stated that the Board de; visability of the yard from the streets. Mr that the fence height itself was in conjunct: had ordered some time ago. He stated that, : required along the side of the property as m� would see that Mr. Mickelson complied. Mr. ] was concerned with the uniformity of the gate He stated that this was one of the complaint; Mr. Leibowitz stated that his client was try: He asked what the requirement was for the fei that it was supposed to be a 6 -foot high fens Leibowitz that the problem with the gate is attached to the existing chain -link fence. I that that was what the Board approved at the Albert Mickelson informed the Board that he l hinges for the gate and certain areas of the He stated that the fence was 12 -foot high, ai the height of the entire fence to 6 feet whit In this way, he could eliminate the problem i Hill stated that the Board would like to see at 12 feet because the shielding is better tI that the gate be modified to be uniform with He stated that he would prefer not to see the asked that the side area be fenced and the g, with the rest of the fence. Mr. Leibowitz si would try to work out a solution to the pres4 to come up with some alternatives and suggest Board's request. He asked that a 30 -day per: purpose. Mr. Hill advised Mr. Leibowitz that be granted, during which time, plans should I Board concerning the improvements to be made SEPTEMBER 8, 1980 been cooperation from alt further improvements _bowitz, the attorney -aphs to the Board [e stated that an was of uniform color _road property, there Lted that he was talking - of the property and aired to limit total Leibowitz stated _on with what the Board _f a 12 -foot height was Lndated by ordinance, he [ill stated that the Board area and its appearance. registered with the Board. _ng to act in good faith. ice, and Mr. Hill stated :e. He advised Mr. :hat the material is [r. Leibowitz stated time of the hearing. Mr. Lad purchased all new fence had been re- done. Ld perhaps he should lower .h was required by ordinance. iith the gate area. Mr. the entire fence remain Lan required. He asked the rest of the fence. fence lowered. He Lte area be in conformity :ated that he and his cleint :nt problems in an effort :ions regarding the .od be allowed for this : a 30 -day period would ,e submitted to the ADOPTION OF RESOLUTION NO. 18, 1980 - SCRAP DEALER'S LICENSE FOR BREMEN IRON AND METAL) RESOLUTION NO. 18,'11980 WHEREAS, a petition by Bremen Iron and Metal Company, Inc., was submitted to the Board of Public Works on August 18, 1980, for the operation of a waste metal scrap operation on property located off of Sample Street immediately east of Webster Street and extending along and to the rear of thelPenn Central Railroad tracks (more particularly described in a map attached to said petition); and WHEREAS, inspections of the property have been completed by the Environmental Protection Office and the Fire Prevention Bureau as required by Ordinance No. 6621 -79; and WHEREAS, petitioner has agreed to conform with all of the rules . and regulations as contained in said ordinance regarding minimum lot area, fencing, buffer strip, no storage outside fenced area and other regulations dealing with removal'iand storage of materials, fire protection and health and safety standards; and WHEREAS, in accordance with Ordinance No. 6621 -79, approval for a scrap dealer's license shall be approvedlby the Board of Public Works and the Common Council prior to the issuance of said license by the City Controller. �I u J J.: , REGULAR MEETING SEPTEMBER 8, 1980 NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend, Indiana, that the license application for Bremen Iron and Metal Company, Inc., for the operation of a scrap yard at the above location, be approved. BE IT FURTHER RESOLVED that this. Resolution shall be subject to approval and ratification by the Common Council. Approved: September 8, 1980 BOARD OF PUBLIC WORKS s/ Patrick M. McMahon s/ Richard L. Hill s/ Joseph E. Kernan ATTEST: s/ Barbara J. Byers, Clerk Mr. McMahon stated that the Board has made a review of the petition for the issuance of a scrap dealer's license to Bremen Iron and Metal for that property as described on the map on file in the Board office. Mr. McMahon stated that certain fire protection methods would be required and that it appeared all other requirements of the ordinance would be met. He further stated that all the required data and information had been submitted in the proper form. He stated that the public hearing on the petition had been held on August 25, 1980. Mrs. Hilda Zemlyak, 1903 Franklin Street, stated that she and her neighbors were completely opposed to the granting of another license to operate a junk yard within the city. She stated that there were currently 17 licenses issued to scrap dealers and 16 of the 17 were located in the southwest portion of the city. She informed the Board that the City of Mishawaka has not issued one license for junk yards within its city limits. She did not feel there was a need for another junk yard and she was opposed to the issuance of another license for one. Mrs. Velma Torzewski, 2617 Gertrude Street, stated that she realized that a need for the facility existed; however, she felt the people in the area have been putting up with the heavy truck traffic associated with junk yards and the problems the junk yards pose to residential neighborhoods for too many years. Mr. James Knepp, Attorney at Law, practicing at 605 J.M.S. Building, stated that he was representing Mrs. Zemlyak and her neighbors and Circle Lumber at 1212 South Walnut, in opposing the location of Bremen Iron and Metal to the new site. He asked just exactly what would the facility actually be. He felt the facility would be a storage place for metal waste and shredding, etc. of the waste. He stated that Bremen Iron and Metal was asking for approval of a metal shredder within the city, and he cautioned that metal scrap would be coming to South Bend from numerous locations in Indiana and Michigan. He stated that Circle Lumber felt its.investment would be jeapordized if the yard was permitted to operate at the new location. He felt the facility was not in compliance with the junkyard ordinance regarding "E" heavy industrial zoning since not all of the petition area was zoned as such. He also stated that the yard was not within the 1,000 foot buffer area of certain stated zoning areas. He stated that the Rum Village Neighborhood falls within 1,000 feet of the site. Mr. Bruce Bancroft, Attorney at Law, practicing on the 6th floor of the First Bank Building, stated that he was representing Breman Iron and Metal on its petition for a license. He stated that the public hearing had previously been held on the petition at the Board's last meeting and had been closed at that time. He stated that he had not come to this meeting intending to be involved again in a public hearing, but only to receive a report from a city office which had not been filed at the time of the public hearing as required. Mr. McMahon advised Mr. Bancroft that he was correct in that the public hearing had been held on August 25, 1980, and that he, too, was surprised at the objection being raised at this time and wondered why REGULAR MEETING it had not been brought to the attention of However, he stated that the Board operated i tions which allowed flexibility at its meet: fact welcomed the input from any citizen or concerning any matter. He stated that he r( Mr. Bancroft was placed in with the recent ( He stated that, when the ordinance was pass( public hearing by the Common Council after He stated that the Board was required to lo( aspects of the case and all of this informal to the Council for its consideration when ii when there would be ample time to voice obj( by the residents. He pointed out that the ( the required report from a city office at tl not result in a delay in the hearing before Bancroft stated that he would go through hi: for the benefit of the objecting residents < the previous public hearing. He stated that Manager of the facility, was also present a� questions concerning the operation. Mr. Hi: that he did not feel another presentation wz that the Bremen petition was the first petit ing under the new ordinance and it was hope( would be established as a result of this pei Mr. McMahon in that the Board was designate( concentrate on the technical requriements o.- such matters as traffic and noise, which wee items that the Council _would need to address He stated that he was ,concerne,d,about °Mr. Ki the 1,000 foot distance requirement. Mr. B, ordinance provides that, after the effectiv( no licenses shall be issued to a scrap deal( certain zoning use districts; and the same ( that the above requirement shall not apply yard previously licensed and in continuous ( passage of the ordinance. Mr. Bancroft inf( the site has previously been used as a junk and still in operation as such. He stated i Metal would not be operating a junk yard at Hill agreed with Mr. Bancroft that, where tl tions, those areas were exempted from the of agreed; however, he questioned whether or n( expanded which was what Bremen was proposin, stated that the intent of the ordinance was ing areas, and he submitted a use plan whic] site. He pointed out that certain areas woe space and parking, and he stated that he wa: not in the "E" heavy industrial zoning. He areas could be deleted from the petition. Z Board would only issue the license for tha- and Mr. Bancroft stated that there was no n( and parking to fall within the heavy indust: Mrs. Zemlyak interrupted stating that Mr. & was not going to operate a junk yard, and sl then requesting a license to operate one. l Board was faced with a determination on the clear, technical compliance with the ordinal at this point was whether or not there cowl( existing operation which would not comply w: requirement. He felt it was clear that the within the existing use, and he cautioned tl to be consistent on this decision and futur( agreed and felt that many of the issues rai; important, but would be more appropriate if Council at its public hearing. He suggestei be allowed to further pursue the controlled SEPTEMBER 8, 1980 . the Board previously. ender rules and regula- .ngs, and the Board in resident at any time :cognized the disadvantage )bjections being voiced. :d, it provided for a Lction by the Board. )k at the technical :ion would be forwarded : held its public hearing action to the petition lelay in not getting ie public hearing would the Council. Mr. o entire presentation igain as he had at Mr. Daniel Rifkin, ;ain to answer any _1 advised Mr. Bancroft is necessary. He stated :ion the Board was consider- : that certain guidelines Ation. He agreed with I the public body to the ordinance, -and -e very important, were at its public hearing. iepp's comments regarding incroft stated that the date of the ordinance, �r within 1,000 feet of ) rdinance also provided :o any scrap or junk > peration prior to >rmed the Board that yard and was licensed :hat Bremen Iron and that location. Mr. Lere were existing opera - .dinance. Mr. Knepp )t the use could be r to do. Mr. Bancroft to "grandfather" exist - i designated.the proposed ild be used for office aware those areas were stated that those specific fr. Hill stated that the : which was zoned properly, :ed for the office building -ial zoning classification. incroft had stated Bremen Le wondered why they were fr. Hill stated that the petition which must show ice. He felt the issue I be an expansion of the :th the 1,000 foot junkyard would fall iat the Board would need decisions. Mr. McMahon ,ed by the residents were addressed to the Common I that the Legal Department use requirements and, if r I i� L _I it 1 REGULAR MEETING SEPTEMBER 8, 1980 need be, the Board could hold a special meeting on September 10th, in order to give final action to the matter so that it could be presented to the Council that same day. Mr. George Divjak, President of the Rum Village Neighborhood Association, asked that the Board take a tour of a similar facility in Sturgis, Michigan.. He stated that that facility involved a shredder process. He was opposed to such a facility at the proposed site and expressed concern with not knowing about the petition previously. He stated vehemently that he was opposed to any more junkyards in Rum Village. Mr. McMahon advised Mr. Divjak that this matter had been before the Board for some time and a public hearing had previously been held which allowed for objections at that time from any citizen. He also stated that a number of City Council members have met and toured a similar facility in Fort Wayne to view the operation which would be used in South Bend. He maintained that the Council would have to address the residents' objections at this public hearing if they did not pertain to the technical requirements of the ordinance. Mr. James Wensits, South Bend Tribune reporter, asked if the operation would in fact utilize a metal shredder. Mr.. Bancroft stated that he had not been given the opportunity to address and respond to some of the comments made previously, and he asked for permission to answer Mr. Wensits' question. He stated that no shredder would be utilized, and he stated that he was confused and surprised at Mr. Divjak's comments when he had earlier spoken in favor of the applica- tion. Mr. Bancroft stated that he was aware the petition, which pertained to an industrial waste processing facility, requested the issuance of a junk dealer's license; however, he further stated that this was requested because it was the only city ordinance under which the operation would generally fall. He pointed out that the same type of operation would be used as was previously used by Bremen Iron and Metal on Gertrude Street, only the operation would be expanded. He felt the residents.in the area would want and welcome the operation to the proposed location so that the area could be improved from its present condition. In addition to improvements to the area and cleaning up of the area, the company was investing a considerable sum of money in the community and was creating new jobs. He stated that there was an existing use at the rear of the property at this time and he felt the 1,000 foot requirement would not apply because of that. He concluded by stating that he felt his client was being treated unfairly for what it was trying to accomplish for South Bend. There was a brief further discussion on that portion of the property which lies within the 1,000 foot requirement. Mr. Crone stated that the technical requirement of the ordinance would cut out that portion of the property within 1,000 feet. Mr. Knepp stated that a legal description of the property in question would help to determine the boundaries and which portion fell within the 1,000 foot requirement. Mr. Bancroft stated that he agreed with Mr. Crone's statement, and he further indicated that, if the small triangular portion of the area needed to be excluded, his client would find no problem with that so long as all the other portions of the property were in compliance. Mr. Hill stated that he felt there would be no technical error if, as Mr. Bancroft had stated, written representation was given to the city by Bremen that any area within the 1,000 foot requirement be excluded. Mr. Knepp advised that, at present, the legal description of the area which was currently licensed and operating as a junk yard was not known. Mr. Hill stated that there have been valid issues raised regarding this type of operation, but the Board of Public Works could not deny a license for the same reasons that the Council could. He explained that the Board's obligation was to look at the technical aspects of the ordinance only and compliance with those technical requirements. If all technical aspects were met, the Board would have no choice but to approve the matter. He asked that Mr. Bancroft submit a statement that the legal description to which the license would apply would be amended to include only those areas zoned "E" heavy industrial, and that there would be no expansion or encroachment within the 1,000 foot distance,, unless that area was previously licensed. REGULAR MEETING Upon a motion made by Mr. Hill, seconded by T the above Resolution was adopted and forward( for its concurrence, subject to the receipt I of the above statement from Mr. Bancroft as i SEPTEMBER 8, 1980 Ir. Kernan and carried, :d to the Common Council )y the Legal Department -equested by Mr. Hill. FILING OF ASSESSMENT ROLL - VACATION RESOLUTION NO. 3494, 1980 (RUM VILLAGE ADDITION) Patrick M. McMahon, P.E., Civil City Engineer, filed an Assessment Roll with respect to Vacation Resolution No.13494, 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 following property may be injuriously or beneficially affected by such vacation: Lots No. 15, 16, 17 & 18, Rum Village Parkl2nd Addition The Assessment Roll lists $0.00 net damages and $0.00 net benefits to the abutting properties. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the Assessment Roll was filed and set for public hearing on October 6, 1980. FILING OF ASSESSMENT ROLL - VACATION RESOLUTION NO. 3495, 1980 (ST. JOSEPH HOPSITAL) Patrick M. McMahon, P.E., Civil City Engineer, filed an Assessment Roll with respect to Vacation Resolution No.i3495, 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 Street and Madison' Street, both in Sam Cottrell's lst Addition to Lowell, South Bend, Indiana. The following property may be injuriously or beneficially affected by such vacation: Lots No. 278, 279, 280, 281, 284, 285, 286, 287, Sam Cottrell's lst Addition to Lowell, South Bend, Indiana The Assessment Roll lists $0.00 net damages and $0.00 net benefits to the abutting properties. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the Assessment Roll was filed and set for public hearing on October 6, 1980. FILING OF ASSESSMENT ROLL - VACATION RESOLUTION NO. 3496, 1980 (EUCLID ADDITION) Patrick M. McMahon, P.E., Civil City Engineer, filed an Assessment Roll with respect to Vacation Resolution No. 3496, 1980, for the vacation of the first alley north of Northside Boulevard running west from Clover to the intersecting north - south alley between Lots 108 and 109 in Euclid Park Sub - division; South Bend, Indiana. The following property may be injuriously or'Ibeneficially affected by such vacation: Lots 108 & 109, Euclid Park Sub - 'division The Assessment Roll lists $0.00 net damages and $0.00 net benefits to the abutting.properties. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the Assessment Roll was filed and set for public hearing on October 6, 1980. 1 1 1 REGULAR MEETING SEPTEMBER 8, 1980 APPROVAL OF CONTRACTS AND ESCROW AGREEMENTS (FIRST BANK CENTER PROJECT The contract with Interstate Glass Company for the Atrium curtainwall work on the First Bank Center Project in the amount of $453;633.00 was submitted for Board approval. The bid for the above project was awarded to Interstate Glass on August 4, 1980. Mr. McMahon advised that the Construction Manager and Architect had reviewed the contract and recommended that the Board execute same. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the contract was approved, subject to the filing of the required Performance Bond, Labor and Materials Payment Bond and Certificate of Insurance. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the Escrow Agreement with Interstate Glass was also approved. The contract with St. Joseph Valley Structural Steel for the structural steel work on the First Bank Center Project in the amount of $327,000.00 was submitted for Board approval. The bid for the above project was awarded to St. Joseph Valley Structural Steel on August 4, 1980. Mr. McMahon advised that the Construction Manager and Architect had reviewed the contract and recommended that the Board execute same. Upon a motion made by Mr. Hill, seconded by Mr. Kernan and carried, the contract was approved, subject to the filing of the required Performance Bond, Labor and Materials Payment Bond and Certificate of Insurance. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the Escrow Agreement with St. Joseph Valley Structural Steel was also approved. AWARD BID - YOUTH FACILITIES, INC. (2222 LINCOLNWAY WEST) Mr. McMahon explained that the bid of Youth Facilities, Inc., in the amount of $20,000.00 for the lease /purchase of the city -owned facility located at 2222 Lincolnway West; had been submitted to the Common Council for approval since the bid was not equal to or greater than the appraised value. On August 25, 1980, the Council had approved the negotiation of a contract for the sale of the property by the Board of Public Works. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the bid of Youth Facilities, Inc. in the amount of $20,000.00 for the lease /purchase of the above property was approved, subject to the restrictions set out in the specifications for sale previously established by the Board of Public Works. ' APPROVAL OF CONTRACT - PLAIA CONSTRUCTION (REHABILITATION AND REPAIR OF 2222 LINCOLNWAY WEST) Mr. McMahon stated that the Board had awarded the bid for rehabilita- tion and repair work for 2222 Lincolnway West, more commonly known as Old Fire Station No, 11, to Plaia Construction on August 18, 1980, in the amount of $40,000.00. The bid had come in at $53,498.00 and negotiations had begun in an effort to reduce the bid to the $40,000.00. A final proposal had been submitted by Plaia as a result of the negotiations in the amount of $42,000.00. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the contract with Plaia Construction in the amount of $42,000.00 was approved, subject to the filing of the required Performance Bond, Labor and Materials Payment Bond and Certificate of Insurance. APPROVAL OF CHANGE ORDER NO. 1 - H.G. CHRISTMAN (FIRST BANK CENTER Mr. McMahon stated that H. G. Christman was submitting Change Order No. 1 in the amount of $149,409.00 for certain revisions to the structural concrete portion of the garage. Mr. McMahon stated that the Construction Manager had reviewed the change order and found it to be in order. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the change order was approved. 3 .�_a , `.± REGULAR MEETING APPROVAL OF FINAL CHANGE ORDER - RIETH -RILEY (PROJECT R & S 7903, IRELAND ROAD WIDENING) Mr. McMahon stated that Rieth -Riley was subm order in the amount of $11,177.59 for variou some additions and deletions of items, for w Road Widening Project. Mr. McMahon stated t Completion Affidavit would be submitted for the near future. He also advised that there available for the change order which had bee Common Council. Upon a motion made by Mr. M Mr. Hill and carried, the final change order APPROVAL OF CHANGE ORDER NO. 1 - ARROW ELECT: WASHINGTON LIGHTING PROJECT) Mr. McMahon submitted to the Board Change Or Electric for certain revisions to its contra the West Washington Lighting Project, includ trimming and relocation of street lights. T in the amount.of $4,109.04. Upon a motion m seconded by Mr. Hill and carried, the change APPROVAL OF COUNTER -OFFER AND PURCHASE OF 1245 VAN BUREN STREET A request for the purchase from the city of Buren Street had previously been received fr Chambliss, 1243 Van Buren Street. Approval sale of the property and an offering price h $555.00. The prospective purchaser of the p who desires to construct a garage on the pro obtain title insurance on the property prepa had been unable to do so because of certain of the original mechanic's lien by the contr city to demolish a substandard structure on the city had obtained title to the real esta and unmerchantable. The city had expended c of $55.00 in the mechanic's lien foreclosure appraisal fee, and the prospective purchaser this expense to the city as purchase price f was noted that the Common Council had, on Au the sale of the property in the amount of $1 made by Mr. McMahon, seconded by Mr. Hill an Mr. and Mrs. Richard Chambliss in the amount above described property was approved, and t was instructed to draft the necessary deed o COUNTER -OFFER FOR PURCHASE OF 1817 BENTON The Board received a letter from Mr. Robert Street, for the purchase of city -owned prope Benton Court. Approval had previously been by the Board of Public Works and the Common had been determined to have an estimated val Hennesey expressed his desire to purchase th of $30.00. Upon a motion made by Mr. McMaho and carried, the counter -offer was referred Office for review and recommendation. APPROVAL OF AGREEMENT BETWEEN ST. JOSEPH CO COURT AND YOUTH SERVICE BUREAU SEPTEMBER 8. 1980 CONSTRUCTION tting its final change revisions, including rk on the Ireland .at the Project oard approval.in was sufficient.money . approved,by the .Mahon, seconded by was approved. C (WEST er No. 1 for Arrow t in conjunction with ng materials, tree e change order was de by Mr. McMahon, order was approved. - SALE roperty at 1245 Van m Mr. and Mrs. Richard .ad been given for the .d been established at operty is a neighbor erty and had tried to 'atory to purchase and .efects in the filing .ctor hired by the he property. Therefore, e which was defective urt costs in the amount action, and a $65.00 had offered to pay r the property. It ,ust 25, 1980, approved 0.00. Upon a motion carried, the sale to of $120.00 for the e Legal Department conveyance. ennesey, 216 East Dayton ty located.at 1817 ranted for said sale ouncil, and the property ation of $487.50. Mr. property in the amount ,.seconded by Mr. Kernan o the Controller's PROBATE Ms. Bonnie Strycker, Director of the Youth Service Bureau, submitted for Board approval an agreement between the city and the St. Joseph County Probate Court for the housing of status offenders when referred from the Court. Mr. John Cimino advised that this would C 1 1 REGULAR MEETING SEPTEMBER 8. 1980 be the second year that the Youth Service Bureau would provide the facility under a contractual agreement. He stated that funding for the program was in the form of a federal grant through the Law Enforcement Assistance Administration in the amount of $21,000, with a $1,000 match from St. Joseph County. Upon a motion made by Mr. Hill, seconded by Mr. McMahon and carried, the agreement was approved. APPROVAL OF TRAFFIC CONTROL IMPROVEMENTS (PRAIRIE & INDIANA AVENUES Mr. Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, submitted a report concerning the restriction of a right turn on red on Prairie Avenue, south approach, at Indiana Avenue. The State Highway Commission was requesting the restriction because of inadequate site distance on the south approach due to the close proximity of an existing building to the right -of -way in the southwest quadrant. Mr. Wadzinski recommended Board approval. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the restriction was approved and the agreement executed by the Board. APPROVAL OF BROADWAY CHRISTIAN PARISH FOOT RACE - NOVEMBER 1, 1980 It was noted, that, at a previous meeting held on July 28, 1980, the request of the Broadway Christian Parish for a foot race on November 1, 1980, was denied because of the extent of the race and major intersections to be crossed which would have necessitated a need for excessive, additional manpower. Further discussions had been held between the Bureau of Traffic and Lighting, the Traffic Division of the Police Department, and officials of the church in an effort to come up with a modified and acceptable route. Mr. Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, advised that the following route had been established, and he recommended Board approval: The run, which will take place on November 1, 1980, at 10:00 a.m., will start at the Broadway Church (Broadway and St. Joseph Street) and proceed west on Broadway to Franklin; south on Franklin to Ewing; west on Ewing to Gertrude; south on Gertrude to Chippewa; east on Chippewa to Main; north on Main to Ewing and west on Ewing to Rum Village Park where the race will finish. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the revised route was approved subject to approval of the Park Board for use of Rum Village Park. APPROVAL OF ENVIRONMENTAL CLEAN -UP OF LOTS A request from the Environmental /Action Center was received for permission to have city environmental crews clean the following lots within the city: ADDRESS 620 Lincolnway East 618 Lincolnway East 1012 Rush St., City lot 319, N. Taylor Lot S. lot #137 S/W Laurel & Thomas 826 Kenmore 812 W. Jefferson 602 Brookfield 622 E. Dayton 201 E. Keasey, city lot 411 E. Dayton Garbage, trash, junk, appliances Garbage, trash, junk, appliances Litter, weeds, junk, garbage, trash Garbage, trash, litter, fallen & dead trees, junk Weeds Garbage & trash Weeds, junk, garbage, trash Litter, weeds Mattress, garbage, trash, evidence of burning on ground (rear) Litter, garbage, trash Weeds Litter REGULAR MEETING ADDRESS Lot E. of 1624 Dunham Lot W. of 1610 Dunham 1919 S. Catalpa 415 Keasey 2902 Lincolnway West 709 S. Dundee 668 LaPorte - lot west Alley S. of 318 S. Meade 517 S. Chicago Lot N. of 616 S. Grant 2121 Gertrude Lot S. of 1615 S. Williams 516 W. Indiana 1811 Ford 743 S. Michigan 206 S. Illinois 534 S. Jackson Linden area btwn. Harbor Homes & Clemens 1321 Elwood Weeds Weeds Weeds Litte rem j un Weeds lea yar Garba Litte Overg Litte & t Weeds Garba Weeds Weeds Weeds Litte Weeds Demol Litte aut Litte It was noted that the property owners had b the lots and had failed to comply. Upon a McMahon, seconded by Mr. Hill and carried, REQUESTS TO PURCHASE CITY -OWNED PROPERTIES AND 123 ST. PAUL PLACE) A request from Towne Realty on behalf of a c of city -owned property at 439 S. Wellington - Board. A similar request from Mr. and Mrs. Colfax Avenue, for the purchase of city -owne Paul Place was also received. Upon a motion seconded by Mr. Hill and carried, the reques the various city agencies for a determinatio not the city need retain the lots for any re APPROVAL OF CONTRACTOR'S BONDS Mr. Ray S. Andrysiak recommended approval of of Roger Wright, Art Moser Homes, Inc. and R bond of Roger Wright was recommended for app August 25, 1980. Upon a motion made by Mr. Kernan and carried, the bonds were approved, Wright being approved retroactive to August APPROVAL OF CETA SUBGRANT MODIFICATIONS INDUSTRIES AND INDIANA UNIVERSITY) Mr. Elroy J. Kelzenberg, Director of the Bur Training, submitted for Board approval the f Modification No. 1 to the agreement with Modification No. 4 to the agreement with It was noted that the modifications were nec( change in the administrative budget for cost: program and changes in job description and t: SEPTEMBER 8, 1980 ITION furniture, demolition ins, old metal garage, garbage, trash fallen & dead trees, es & branches all over & sidewalk e, trash,,burn -out weeds, bushes own brush' weeds, junk, garbage ash r & trash brush garbage, trash tion remains, garbage, trash r, junk, garbage, trash, tires in back r, junk, piles of leaves �n advised to clean up )tion made' by Mr. le request',was approved. +39 S. WELLINGTON ient for the purchase as received by the ames Knight, 1002 W. property, at 123 St. made by Mr. McMahon, s were referred to as to whether or son. the Contractor's Bonds cky R. Geans. The oval retroactive to [cMahon, seconded by Mr. with the bond of Roger 5, 1980. LL eau of Employment and >llowing modifications: ,00dwill Industries - ndiana University :ssitated because of a associated with the -aining plan. All other 1 1 1 REGULAR MEETING SEPTEMBER 8, 1980 parts of the initial agreements and subsequent modifications to the Indiana University agreement remained unchanged. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the modifica- tions were approved. APPROVAL OF CONSULTANT AGREEMENT (JOHN CIMINO An agreement between the city and John Cimino for consulting services to the Police Department regarding the Managing Criminal Investigations Project (MCI) was submitted for Board approval and recommended by Police Chief Dan Thompson. In a letter to the Board, Chief Thompson advised that employment of Mr. Cimino as a consultant was allowable by the Law Enforcement Assistance Administration which funds the project, but subject to LEAA and Indiana Criminal Justice Planning Agency regulations. Specifically, Mr. Cimino would work a maximum of 11 hours per week at a maximum salary of $16.85 per hour for a maximum of 27 weeks beginning July 21, 1980 and extending to January 31, 1981. The payment to Mr. Cimino would be made from the funds allocated in the grant,which the city receives. Mr. Hill explained that Mr. Cimino was prior Project Director when he was employed by the City of South Bend, and he felt his continuing assistance would be invaluable to the city. Deputy City Attorney Crone advised that the Board approve the agreement with the following language added: The Consultant hereby agrees that in all matters relating to this Consulting Agreement, he shall be acting as an independent contractor, that Consultant is not an employee of the city under the meaning or application of any Federal or State Unemployment Laws, or Old Age Benefit Law or other Social Security Laws or any Workman's Compensation or Industrial Law or otherwise. The Consultant has no authority to represent the city as an agent, as an employee or in any other capacity unless otherwise directed by the city in writing. Upon a motion made by Mr. Hill, seconded by Mr. Kernan and carried, the agreement was approved and an addendum to that agreement contain- ing the above language was also approved. APPROVAL OF HANDICAPPED PARKING PERMITS Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, the following handicapped parking permits were approved: Evelyn A. Hartman, 926 Altgeld Street, South Bend, Indiana Frank J. Simon, 1218 South Twyckenhan, South Bend, Indiana William E. Kovach, 15292 West Indiana Avenue, South Bend, Indiana Dorothy Whitacker, 907 Harrison Street, Walkerton, Indiana Merle Summers, Box 85, North Liberty, Indiana A doctor's certificate was attached to each application. STREET LIGHT OUTAGE REPORT The report indicated a total of 22 outages between the period of August 16, 1980, through September 4, 1980. Upon a motion made by Mr. Hill, seconded by Mr. Kernan and carried, the report was filed. APPROVAL OF CLAIMS Chief Deputy Controller Michael L. Vance submitted Claim Docket No. 16293 through 17074 and recommended approval. Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, the report was filed and the claims were approved. i REGULAR MEETING There being no further business to c( meeting was adjourned at 11:25 a.m., Kernan, seconded by Mr. Hill and car: ATTEST: Barbara J. Byers, C erk 1 1 1