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HomeMy WebLinkAbout09/22/1980 Board of Public Works MinutesREGULAR MEETING The regular meeting of the Board of Public 9:40 a.m., on Monday, September 22, 1980, b, McMahon, with Mr. Richard L. Hill and Mr. J< Deputy City Attonrey Terry A. Crone was alsc MINUTES OF PREVIOUS MEETING APPROVED Upon a motion made by Mr. the minutes of the regular approved as submitted. AGENDA ITEMS ADDED SEPTEMBER 22, 1980 orks was convened at President Patrick M. seph E. Kernan present. present. Hill, seconded byIMr. McMahon and carried, meeting of September 15, 1980, were �I Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, a request from the Mayor concerning United Way and a resolution regarding the bid for the 1982 IACT Convention were added to the agenda. 1980 UNITED WAY CAMPAIGN Mayor Parent was present to ask all city em their fair share to the 1980 United Way fun all three Board members were in charge of h division of the United Way, including feder units, and that a major effort would be mad contribute more than their fair share. The persons who were fortunate enough to have a to make a sacrifice in determining their co people who were out of work were placing an the United Way Agency. He stated that all the city have made a commitment of one perc that all other city employees would make th thanked the Board members for their assista year's campaign. ADOPTION OF RESOLUTION NO.-19, 1980 - BID INDIANA ASSOCIATION OF CITIES AND TOWNS C RESOLUTION NO. 19 loyees to give more than drive. He stated that ading up the governmental 1 and local governmental to get everyone to Mayor felt that those job should be willing tribution because those even greater demand on epartment heads within nt, and he was hopeful t kind of effort. He ce and efforts in this HOST 1982 NTION •:1 WHEREAS, the Indiana Association of Cities and Towns, of which the City of South Bend is a member,lis a state -wide organization established for the purpose of assisting municipalities in Indiana in the operation of their respective governments; and WHEREAS, the Indiana Association of Cities and Towns conducts conventions each year throughout the state for the benefit of all its members, and the City of South Bend was pleased to have served as its host in 1979; and WHEREAS, the City of South Bend would again like to welcome the Indiana Association of Citiesjand Towns to South Bend in 1982 for the 82nd Annual IACT Convention. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend as follows,: SECTION I. That a warm message of welcome be delivered to the Indiana Association of Cities and Towns in the hope that South Bend will again be honored to serve as host for the annuail convention in 1982. SECTION II. That the City of South Bend offer its visitors excellent facilities, lodging, food ai atmosphere for the conventic s happy to convention a relaxing events. C' 1J 4 9 REGULAR MEETING SEPTEMBER 22, 1980 SECTION III. That the citizens and Administration of the City of South Bend pledge to do everything possible to insure a success- ful and enjoyable convention for all in 1982. SECTION IV. That the Administration extends its best wishes to all its IACT friends and looks forward to again having them join us in 1982. Dated: September 22, 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. Kernan, seconded by Mr. Hill and carried, the above resolution was adopted. VACATION RESOLUTION NO. 3497, 1980 (GRANT STREET This was the date set for holding a public hearing on Vacation Resolution No. 3497, 1980, for the vacation of Grant Street from the north right -of -way of Prairie to the south right -of -way of Delaware. 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. Mr. Timothy Walsh, Attorney at Law, 1100 Tower Building, spoke on behalf of the petitioner, the Heritage Baptist Church. He stated that the church owned all the property on both sides of Grant Street with the exception of three lots immediately north of the church property on the west of Grant Street. He explained that the church desired to expand its facilities and construct a building addition to its present facilities and have available for future purposes, the other site across the street for parking. He stated that the church was continually growing and its present facilities were not large enough. He presented photographs to the Board showing a problem which existed at the corner of Prairie and Grant Street of an acute angle turning onto Grant, and he felt this hazardous problem would be corrected and eliminated if the street was vacated. Mr. Sylvester Gerschoffer, 2101 Prairie Avenue, presented photographs of the church, the surround- ing properties and the parking lot of the church. He stated that the residents did not object to what the church was trying to do in expanding its facilities, but they objected to the closing of the street. He stated that there were 56 homes on Brookfield, 60 homes on Warren, and 27 homes on Grant Street from Delaware to Indiana. He stated that, if that portion of Grant Street was closed, traffic would be diverted to Warren and Brookfield. He explained that the residents were also concerned about fire protection should the street be closed, especially in the winter months. He felt there was ample room in the church parking lot at the present time for approximately 200 cars, and he stated that the mini -buses of the church transport the elderly to and from church so they do not have to walk great distances from their cars in the church lot to the church itself. Mr. Andrew Molnar, 1902 South Carlisle, stated that he was representing his son who resided at 2016 South Warren, and who was against the proposed vacation. He asked how large the congregation was, and Pastor J. Robin Wright stated that there were 150 persons in his congregation. Mr. Molar asked how many cars could be parked in the lot, and Pastor Wright stated that, according to the required regulations, the actual amount of spaces totalled 22. Mr. Molnar _ _4,X REGULAR MEETING presented sketches to the Board which he ha( ment of the area in question and the area a, disagreed with Pastor Wright in the number ( be used. He stated that the required measui parking space was 9 feet by 11 feet, and ac( he felt 63 cars could be parked on that lot, parking was needed for the church because h( the cars at the church on two separate occa; had not numbered over 50 on either occasion, was enough dead -end streets in the neighbors want to see another street closed. Mr. GerE the Board petitions signed by residents in 1 the proposed vacation. Mrs. Helen Bogunia, Street, stated that she lived on Grant Stre( that the street was used daily by herself at felt that, if additional parking was needed; park on the street so that it could be kept Casper, 2122 South Warren, also stated that great deal and would be inconvenienced if it Pastor Wright, 2049 Prairie Avenue, stated i the concerns of the residents. He stated t] did not have enough room to build the addit: out vacation of the street. In response to regarding parking, Pastor Wright stated tha.i help of a professional builder who had advi: only accommodate 22 cars. He also felt it N to build on one side of the street and have the other side and this was also one of the desired to officially vacate the street. H( turn onto Grant Street off of Prairie which if the street was vacated.. He felt the pro] Warren Street because parking was allowed or street and cars, therefore, used Grant Stre( that, if cars were parked on both sides of ( would not be easy access for fire and emerg( assured the Board that the church, in its d( facilities available for the congregation, ti the neighbors on any problems in the vicinii want the actions of the church to inconveni( however, he felt vacation of the street wou: as well. Mr. McMahon asked if the entrance Prairie would be closed completely, and Pasi that the parking would have its entrance ofj Mr. McMahon wondered how that would solve tY Mr. Walsh had spoken of. Pastor Wright star no longer be using the turn off Prairie as it would be the entrance to the church park: that, when the building was constructed, th( church would be farther back off Prairie. r the church owned all the property bordering new building would be constructed to the not facilities. Pastor Wright stated that the c property except for the most northerly lots the street. He advised that the new buildir that side of the street. Mr. McMahon asked parking was handled off Grant Street, and h( given the church permission in the past. Pz he was not sure how that had come about but just continually used that area for parking, the owners of the three lots on the west sic and Pastor Wright stated that there was a h( contained three apartments. Mr. Hill asked be made for access for those residents shou7 Pastor Wright stated that the church would r clear the area during the winter months. M3 the church would be willing to grant the owr permanent easement access. There was a bri( SEPTEMBER 22. 1980 drawn showing a measure - ailable for parking. He f spaces which could ement for a single ording to his drawings, He did not feel more had taken counts of ions, and the vehicles He also felt there ood, and he did not choffer submitted to he vicinity opposing 1832 South Grant t for 21 years and d her neighbors. She the parishoners should open. Mrs. Pauline she used the street a was vacated. hat he appreciated at the church simply on they desired with Mr. Molnar's comments he had sought the ed him that he could -as not a safe situation parking available on reasons the church mentioned the acute would be eliminated lem stemmed from both sides of the t. He also stated rant Street, there ncy vehicles. He sire to have adequate ould like to work with y, and he did not nce the residents; d benefit the residents on Grant Street from or Wright explained of Prairie Avenue. e acute angle turn ed that cars would thoroughfare because ng lot. He stated main entrance to the r. McMahon asked if the street and if the th of the present hurch owned all the on the west side of g would be built on how the 90 degree asked if the Board had stor Wright stated that that the church had Mr. Crone asked who e of the street were, me situated there which what provisions would d the street be closed. ake arrangements to . McMahon asked if er of that property a f discussion on the n 1 REGULAR MEETING SEPTEMBER 22, 1980 problems which that property owner could encounter with the street vacated. Pastor Wright explained that there would be no need to block off the street at that point, and access could be left open for those properties. Mr. Gerschoffer expressed concern over the type of building being proposed, and he stated that the residents were not even aware of the specifics of the remodeling. Mr. McMahon stated that the building of the new facilities was not a matter to be considered by the Board. He advised Mr. Gerschoffer that the Board was only considering the proposed vacation of the street. Mr. McMahon asked if the new facility would encroach upon public right -of -way. Pastor Wright stated that, without the vacation of the street, the church would not be able to build and stay within the required setbacks. He explained that the building would be expanded to the east and west, in addition to northerly. Mr. McMahon asked if the present structure was in violation of any setback requirements and Pastor Wright stated that it was not. He informed the Board that the church had originally decided to ask for a rezoning in the area in order to allow the constuction of the facility, but that the Area Plan Commission had advised that this was a dangerous precedent to set in a residential neighbor- hood and the church had, therefore, uecided to proceed with vacating the street. Mr. Molnar expressed concern for the owner of the property to the north of the church. He asked why the new facility could not be constructed on the east side of the street. Pastor Wright explained that the setbacks on the east side would be the same as what the church was presently being faced with on the west side. Mr. Molnar stated that the owner of the property north of the church, Mr. Benko, would not have any access to and from his property if the street was vacated. Mr. Walsh stated that there has been a great deal of speculation concerning the issue, and he did not feel that should have any bearing. Pastor Wright advised the Board that, in addition to the need for parking, the present church structure was inadequate; thus, parking was not the only matter to be considered. Mrs. Bogunia stated that, during the winter months, Grant Street was easier to use than the other parallel streets because of the way it was sloped. She again stated that she was against the vacation of the street. Mr. McMahon felt the petition should be denied based on the fact that adequate property was available across the street for parking purposes. He stated that he could not envision a problem with the setbacks and the inability of the church to build on its present site. He suggested that the matter be presented to the Board of Zoning Appeals for consideration of a waiver of the setback require- ments. He stated that the public rights -of -way were dedicated for use by the public and, barring some major impediment to the church, they should remain so. He also stated that there would be an access problem for the owner of the property north of the church if the street was vacated. Regarding the sharp corners on Warren, Grant and Brookfield off Prairie, Mr. McMahon stated that he would have the Engineering Department review the northwest radius of those streets to determine if there is a need for widening. He asked that the church give consideration to the matter of parking right up to the stop sign as shown in the photographs submitted by Mr. Gerschoffer, and he stated that parking there was illegal and he asked that the parishoners refrain from doing so in the future. Mr. Walsh asked if the Board would be willing to consider the vacation of the street if the church was unsuccessful in obtaining a waiver of the setback requirements for construction through the Board of Zoning Appeals. Mr. McMahon assured Mr. Walsh that the Board would be willing to look again at the request if approval was not granted by the Zoning Board for construction of the church; however, he cautioned that he could not guarantee the matter would be approved. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the vacation of Grant Street was denied. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the Board filed the petitions against the vacation and the photographs and sketches submitted. REGULAR MEETING APPROVE ACQUISITION OF NEW VEHICLE (POLICE Chief Thompson requested permission to assig 1980 Plymouth Volare which was recently pure In his letter to the Board, the chief explai 1980 Dodge Aspens, which had been involved i been totalled, was just settled on a claim w company in the amount of $5,813.42. The pur new vehicle was $5,817.00 and was to be paid from the insurance settlement. Upon a motio seconded by Mr. Kernan and carried, the acqu SEPTEMBER 22, 1980 ARTMENT Vehicle No. 635 to a ased from D. L. Miller. ed that one of the new an accident and had th the insurance base price for the for with the monies made by Mr. McMahon, sition was approved. APPROVAL OF CONTRACT FOR ENGINEERING SERVICES FOR GASOHOL PLANT - COLE ASSOCIATES, INC. Mr. McMahon explained that approval was bein contract between the City of South Bend and preliminary engineering services not to exce provide New Energy Corporation and the City and up -front information for submitting an a government under the Urban Development Actio this information was needed for the prelimin activity and Cole Associates had been employ Corporation on some preliminary work prior t It was noted that the project would consist construction of the facility and services to include assisting the city in the planning, construction cost estimating and coordinatin access and site utilities that will be inclu for the UDAG grant. Upon a motion made by M Mr. Hill and carried, the proposal was appro APPROVAL OF CHANGE ORDERS - KOONTZ- WAGNER requested for a ole Associates for d $5,500 in order to f South Bend up -to -date plication to the federal Grant. He stated that ry approvals of this d by the New Energy this point in time. f the design and be performed will reliminary engineering, of all of the site ed in the application McMahon, seconded by ed. CTRIC (FIRST BANK Mr. McMahon noted that Koontz- Wagner Electric had submitted the following change orders: Change Order No. 2 in the amount of $11J35.00 for additional electrical work in the garage portionlof the project Change Order No. 3 in the amount of $2,141,81 for additional electrical work in the garage portionlof the project Mr. McMahon stated that the total contract for the above work would be increased to $124,876.81 with the approval of the above change orders. Change Order No. 1 in the amount of $21;409.00 for additional electrical work in the atrium portionlof the project Change Order No. 2 for a deduction in the amount of $6,956.08 for the deletion of certain electrical work in the atrium portion of the project Mr. McMahon stated that the total contract fc be increased to $70,952.92 with the approval orders. He further stated that it had been < amount of approximately $40,000.00 would be x for the above projects. He advised that the had reviewed the change orders and had found Upon a motion made by Mr. McMahon, seconded I carried, the above change orders were approv( )r the above work would of the above change Lnticipated that an seeded in change orders Construction Manager them to be in order. Py Mr. Kernan and �d. 1 1 1 REGULAR MEETING APPROVAL OF CERTIFICATE OF SUBSTANTIAL COMPLETION (HENRY- WILLIAMS. INC. - FIRST BANK CENTER) SEPTEMBER 22. 1980 Mr. McMahon noted that Henry - Williams was submitting for approval a Certificate of Substantial Completion and a Waiver of Lien for the.concrete foundations for the public portion of First Bank Center. It was noted that the contract amount was $502,553.00. 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. FILING OF REPORTS AND ADOPTION OF VACATION RESOLUTION NO. 3498, 1980 (BENDIX CORPORATION) VACATION RESOLUTION NO. 3498, 1980 RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, That it is desirable to vacate the following: Bendix Drive from the southerly line of the Conrail Railroad right -of -way to a point 489 feet northeast, and the first east - west alley south of Linden Avenue from Bendix Drive to a point approximately 135 feet east, City of South Bend. This is an unused right -of -way located at the southwest corner of Bendix and Washington. 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. The following property may be injuriously or beneficially affected by such vacation: All land adjacent to said vacated land and described as Bendix Corporation property and Chicago, South Shore & South Bend Railroad property in S.W. 4i Section 3 and N.W. 4i Section 10, Portage Twp., T37N, R2E. Notice of this Resolution shall be published on the 26th day of September and 3rd day of October, 1980, in the South Bend Tribune and in the Tri- County News. This Board, at its office, on the 13th day of October, 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 22nd day of September, 1980. BOARD OF PUBLIC WORKS s/ Patrick M. McMahon s/ Richard L. Hill s/ Joseph E. Kernan ATTEST: s/ Barbara J. Byers, Clerk REGULAR MEETING Upon a motion made by Mr. McMahon, seconded carried, the Board filed the reports, adopt( and set a public hearing on the resolution j FILING OF PETITION FOR BARRETT LAW STREET CONSTRUCTION (SOUTH FELLOWS STREET) Mr. Dennis D. Miller, President of Miller B the Board for the installation of street an and west side of South Fellows Street, begi and extending north 647 feet, under the Bar Mr. Miller advised that the land would be s individual lots. Upon a motion made by Mr. Mr. Kernan and carried, the petition was re Department for review and preparation of th FILING OF PETITION FOR RESTRICTED RESIDENTI A petition submitted by residents at 702 an Boulevard was received for the designation zone. It was noted that the properties wer side of Lafayette Boulevard and were not in (west side) residential parking when it was previously. Upon a motion made by Mr. McMa Hill and carried, the petition was referred Traffic and Lighting for review and recomme REQUEST FOR GREEN CURB DESIGNATION - 225 SEPTEMBER 22, 1980 by Mr. Kernan and �d the above Resolution -or October 13, 1980. CURB 11ders, petitioned . curbs on the east .ning at Walter Street 'ett Law 'assessment. b divided into eighteen McMahon, seconded by 'erred to the Engineering preliminary documents. PARKING 708 North Lafayette f a restricted parking located on the east luded in the 600 block approved by the Board on, seconded by Mr. to the Bureau of dation. ZTH LAFAYETTE A request from the South Bend Tribune for aI10- minute parking zone in front of its facilities at 225 North Lafayette Boulevard was received. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the request was referred to the Bureau of Traffic and Lighting for review and recommendation., REQUEST TO PURCHASE CITY -OWNED PROPERTY (208 CHAPIN STREET A request from David E. Inm a city -owned lot located at motion made by Mr. McMahon, the request was referred to determination on whether or property for any reason. an, 626 Marquette, for the purchase of 208 Chapin Street was filed. Upon a seconded by Mr. Kernan and carried, the various city agencies for a not the city should retain the i APPROVAL OF TRAFFIC CONTROL DEVICES Upon a motion made by Mr. McMahon, secondedlby Mr. Kernan and carried, the following traffic control devices were approved: Installation of a Stop Sign - exit drive 'of St. Joseph Bank on Columbia Street at River Glen Installation of Stop Sign - exit drive oflRiver Glen Offices Park, on Columbia north of Monroe Revision to 15- Minute Parking 8 A.M. - 6 P.M. - front of 113 West Colfax Avenue APPROVAL OF CONTRACTOR'S BOND - JOSEPH F. P Mr. Ray S. Andrysiak recommended approval o_ of Joseph F. Palkowitch, 611 West Calvert S1 made by Mr. McMahon, seconded by Mr. Kernan was approved. TCH the Contractor's Bond :reet. Upon a motion and carried, the bond 7 1 I REGULAR MEETING APPROVE RELEASE OF CONTRACTOR AND EXCAVATION BONDS SEPTEMBER 22. 1980 Mr. Ray S. Andrysiak recommended the release of the Contractor's Bond of Kaser Concrete, and the Excavation Bond of Louis W. Krueper. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the above bonds were released, effective this date. 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 2214 S. Chapin 1701 S. Catalpa 313 S. Chicago 1520 S. Chapin Corner of Calvert & Scott 442 S. Brookfield Rear of 1735 E. Calvert 3214 Vermont Pl. 622 Sherman 500 block of Lafayette 225 E. Pennsylvania 1219 E. Corby 519 Keasey 633 Broadway 1310 Carroll 1238 S. 29th St. 528 N. St. Joseph 411 N. Taylor 241 Kenmore 126 Kenmore 141 N. Chicago 109 N. Chicago CONDTTTON Weeds Weeds Demolition remains from fire Garbage & trash Weeds on the parkway Weeds, burn -out Weeds, limbs in the alley Weeds, garbage & trash Litter, demolition remains, burn -out, springs, furniture, xmas tree Litter, weeds, junk, garbage, trash Litter, furniture in garage (no doors) Bushes Furniture, garbage, trash Litter, junk, garbage, trash Litter, weeds, garbage, trash Junk, two mattresses, carpet Litter, lumber, tires (in front) Weeds, garbage, trash, paper (porch) Weeds & tire Furniture, chair Junk, boards, tree limbs, branches, furniture, appliances Weeds, furniture, junk in back It was noted that the property owners had been advised to clean up the lots and had failed to comply. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the request was approved. APPROVAL OF HANDICAPPED PARKING PERMITS Upon a motion made by Mr. McMahon, seconded by the following handicapped parking permits were to the Deputy Controller's Office for issuance: Vera C. Yeager 129 Franklin Pl. South Bend, IN Robert McDermott 58920 Magnolia Rd. South Bend, IN James S. Allen (2 vehicles) 2528 Sampson South Bend, IN Leon B. Kaj zer 412 S. Camden South Bend, IN Mr. Hill and carried, approved and referred i5. REGULAR MEETING STREET LIGHT OUTAGE REPORT SEPTEMBER 22, 1980 The report indicated a total of five outages between the period of September 9 through 18, 1980. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carriedl, the report was filed. APPROVAL OF CLAIMS Chief Deputy Controller Michael L. Vance submitted for Board approval Claim Docket No. 17600 through No. 17975 and recommended approval. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the claims were approved and the report filed. 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 was adjourned at 10:35 a.m. ATTEST: Barbara J. Bye s, Cl&kk flrtrick M. McMahon N-Tc-hatd L. Hill i". ,,. "seph E. Kernan t k