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HomeMy WebLinkAboutVacate - Various Alleys within the Olive Street-Sample Street overpass Project AreaORDINANCE No. 7156 -83 Passed by the Common Council of the City of South Bend, Indiana _ .January 10, Yq 83 IRENE K. GAMMON P, Presented by me to the Mayor of the City of South Bend, Indiana Approved and signed by January 11 9 i9 83 /'r 4'," City Clerk of Common Council IRENE K. GAMMON 9__e3 City Clerk ORDINANCE NO. 71S-(,- AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY Various alleys within the Olive Street - Sample Street overpass project area lying north of Sample Street, south of Ford Street, east of Bendix Street and west of Philippa Street; and as more particularly described as follows: For the purpose of dedicating street right -of -way for the Olive - Sample overpass project. Pursuant to Indiana Code Section 36- 7 -3 -12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a public hearing on the petition to vacate the following property: 1. First east -west alley north of Sample Street and east of Bendix Street beginning at the east right of way of Bendix Street and continuing east to the rear lot line of Lot 1106 extended, Part of 4th Plat of Summit Place. 2. First east -west alley north of Sample Street and west of Kaley Street beginning at the west right of way of Kaley Street and continuing west to the rear lot line of Lot 1099 extended, Part of 3rd lot of Summit Place. 3. First north -south alley east of Kaley Street and north of Sample Street between Lots 997 and 998, Part of 3rd PLat of Summit Place. 4. First north -south alley west of Meade Street and north of Sample Street between Lots 992 and 993, Part of 3rd Plat of Summit Place. 5. First north -south alley east of Meade Street and north of Sample Street between Lots 587 and 680, Part of 3rd Plat of Summit Place. 6. First north -south alley west of Olive Street and north of Fisher Street between Lot 571 - Lot 572 inclusive, part of 3rd Plat of Summit Place. 7. First north -south alley west of Olive Street and south of Dunham Street between Lot 1, Niebalski Subdivision and Lot 555, part of 3rd Plat of Summit Place. 8. First east -west alley north of Fisher Street and west of Olive Street between Lot 553 - Lot 555 inclusive and Lot 572 - Lot 574; inclusive, Part of 3rd Plat of Summit Place. 9. DELETED 10. First east -west alley north of Poland Street and west of Olive Street between Lot 509 - Lot 511 inclusive and Lot 528 - Lot 530 inclusive, 3rd Plat of Summit Place. Page 1 of 2 11. First north -south alley east of Olive Street and south of Dunham Street between Lot 146 - Lot 151 inclusive and Lot 182 - 188 inclusive, Realty Construction Company's 2nd Addition. 12. First southwest - northeast alley south of Dunham Street and east of Olive Street beginning at the east right of way of Olive Street and continuing northeasterly to the west right of way of Philippa Street, Realty Construction Company's 2nd Addition. hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves 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. SECTION III. The following property may be injuriously or beneficially affected by such vacating: Lots 1103 - 1106 inclusive, Part of 4th Plat of Summit Place Lots 509 - 511 inclusive, Lots 528 - 530 inclusive, Lots 553 - 555 inclusive, Lots 571 - 574 inclusive, Lot 587, Lot 680, Lots 992 - 993 inclusive, Lots 997 - 998 inclusive and Lots 1099 - 1102 inclusive, Part of 3rd Plat of Summit Place Lot 1, Niebalski Subdivision Lots 146 - 151 inclusive and Lots 182 - 188 inclusive, Realty Construction Company's 2nd Addition.. New Jersey, Indiana & Illinois Railroad SECTION IV. The purpose of the vacation of the real property is to: Vacate existing alleys for the dediction of street right of way for the Olive Street - Sample Street overpass. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. em er of the Comm Council 1st READING 2 —49 - .10- PUBLIC HEARING —83 2nd READING NOT APPROVED REFERRED PASSED "`-Page 2 of 2 CITY of SOUTH BEND ROGER O. PARENT, Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 BOARD OF PUBLIC WORKS December 21, 1982 219/284 -9412 John E. Leszczynski, President Richard L. Hill Joseph E. Kernan Common Council County -City Building South Bend, Indiana 46601 Dear Council Members: In accordance with Ordinance No. 6976 -81, the following recommendation is being submitted to the Common Council con - cerning the petition filed by the St. Joseph County Board of Commissioners for the vacation of several alleys in the Olive/ Sample Overpass area. Favorable comments have been received by the Board from the Engineering Department, Area Plan Commission and Community Development Department for vacation of the above mentioned public rights -of -way. A public hearing was held on December 20, 1982, by the Board concerning the proposed vacation. Abutting property owners to Alley No. 9 as shown on the attached map raised con- cern over the vacation of that alley. As a result and following comments from Mr. Robert Richardson, County Engineer, that it was not imperative Alley No. 9 be vacated at this point, the Board recommended deletion of Alley No. 9 from the vacation proposal. A copy of the excerpts of minutes from that public hearing is enclosed herein. The Board of Works, therefore, recommends vacation of Alley Nos. 1, 2, 3, 4, S, 6, 7, 8, 10, 11 and 12 as shown on the attached map, SUBJECT TO ANY AND ALL UTILITY EASEMENTS. Sincerely, BOARD OF PUBLIC WORKS Barbara J. Byers, Clerk bi b Enclosures i) REGULAR MEETING. PUBLIC HEARING - APPROVE ALLEY VACATIONS (OLICE /SAMPLE OVERPASS.AREA) DECEMBER 20, 1982 Mr. Leszczynski advised that the St. Joseph County Board of Commissioners was petitioning for the vacation of 12 alleys in the Olive /Sample Overpass area. He stated that, as in the past, in order for the Board to submit a recommendation to the Common Council, a public hearing had been scheduled at this time and all property owners within 200 feet of the alleys proposed to be vacated had been duly notified. He further advised that favorable comments in support of the vacation had been received from the Engineering Department, Area Plan Commission and Community Development Department. Mrs. Philip Berndt, 2413 Dunham Street, owner of Lot 549 and affected by the vacation of the alley being numbered 9 on a map of the area, objected to its vacation. She stated that the alley has been physically closed for six months already and the turn needed to provide her access to her property was difficult enough without vacating a portion of the alley. She felt that, with the closing of that portion of the alley, she would be denied easy access to a main thoroughfare. Mrs. Evelyn Meller, owner of Lot 1, located at 2414 W. Dunham Street, across the street from Mrs. Berndt's property, was in favor of vacating the alley. Mr. Thad Juszczak, Jr., 18360 Greenleaf Drive, advised that he was the owner of Lot 571 which fronted on Fisher Street, objected to the closing of the alley being numbered 6. He wondered why the vacation was being requested after the fact. He stated that the state was to have purchased the southeast corner of his lot but did not and then moved the street to the east. He felt that, with the street directly in,front of his lot, the lot was unbuildable and worthless to him. He advised that he had originally purchased the lot for speculative purposes and he wondered if the city would be willing to purchase the lot from him. Mr. Leszczynski advised that the Board of Public Works would address only the actual alley vacations and, if Mr. Juszczak wished to sell his property, he would need to contact the County Commissioners concerning the acquisition. Mr. Robert Richardson, St. Joseph County Engineer, advised that the county did not need to vacate the alleys in question at this time, but it was felt the additional land which the abutting property owners would acquire as a result of the vacations would be to their advantage at this time. Mr. Leszczynski explained that one -half of each of the alleys in question would become the property of the abutting property owners on either side. Mr. Richardson explained that, regarding the vacation of the alleys numbered 1 and 2, a high tension line existed across Sample and, in order to eliminate expensive costs concerning the relocation of the line, the street was shifted south of the alley which would eliminate the need for those particular alleys. Likewise, the right -of -way designated.as 1 and 2 between Bendix and Kaley Street, was no longer needed because the street would parallel those alleys. Mr. Richardson advised that a ramp would be coming through surrounding lots being affected by alleys numbered 2, 3, 4 and 5. In the case of the alleys. numbered 6, 7 and 8, a ramp was proposed to be very near the vacated rights -of -way and access was available.at the point of juncture where the north - south and east -west alleys intersect. Mr. Richardson stated that, in regards to alley 9 and Mrs. Berndt's complaint, the turn would be difficult because there was no opening onto the ramp at that location. He advised that the county owned all the property up to the east side of these alleys. He stated that, if access would be a problem for Mrs. Berndt, the county would not necessarily need to vacate that alley. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the public hearing was closed. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, a favorable ri E j REGULAR MEETING :A DECEMBER 20, recommendation for the vacation of the-above alleys, with the exception of the alley numbered 9, was forwarded to the Common' Council, subject to the maintenance of all utility easements and the dedication of additional right -of -way needed for the project. Mrs. Berndt inquired as to the possibility of vacating ­ a portion of the north -south alley adjacent to her property which was not in the county's plans for vacation. Mrs. Pfotenhauer asked the Clerk to forward a copy of the vacation procedure'to Mrs. Berndt and she was advised that she would need to initiate the vacation procedure in order to have the alley vacated. AWARD BID - .SWEEPERS FOR STREET DEPARTMENT Mr. Sean Watt, Director of the Division of Transportation, recom- mended the award of the bid of Ries Equipment for two Elgin Pelican street sweepers in the amount of $93,704.00. It was noted that bids for the street sweepers had been accepted by the Board on November 29, 1982. Mr. Watt advised that it was his opinion that Ries Equipment had submitted the best and most responsive bid. Mr. Charles Myer, representing the FMC Street Sweeper, objected to the recommendation and added that he and other companies would like to see the specifications opened up somewhat on some of the more generic items if the city was truly interested in receiving competitive bids. Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the above bid was awarded as recommended. AWARD BID - PROTECTIVE CLOTHING FOR FIRE DEPARTMENT In a letter to the Board, Fire Chief Timothy J. Brassell recom- mended the Board award the low bid of Midwest Fire and Safety of Indianapolis in the amount of $17,575.00 for 250 pairs of bunker pants with leather knee patches and heavy -duty suspenders. Upon a notion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above bid was awarded as recommended. AWARD BID - JANITORIAL SERVICES AND PEST CONTROL AT POLICE STATIONS Mr. Leszczynski advised that Police Chief Dan Thompson was recom- mending the Board award the bid of Best Cleaning Services in the amount of $18,792.00 for janitorial services at the main police department and three police substations in accordance with bids received by the Board on December 13, 1982. It was noted that the low bid of Brayleon's Cleaning Service was not recommended for the following reasons: (1) It was felt the company would not be able to render the service required as it was a new company which had only a one -month old major commercial account and a reference was not available for that reason; (2) No business address or phone was available and the residence of the owner was used for a business office with a phone answering device which would not provide immediate contact; (3) The owner of the company did not meet the criteria required for security clearance as the result of a records check. Mr. Leszczynski stated that Best Cleaning Services was the second low bid, but was the best bid meeting specifications. Regarding the pest control portion of the bid, Police Chief Thompson recom- mended the Board award the lot bid of Absolute Pest and Termite Control, Inc., in the amount of $792.00. Upon a motion made by _. Mr. Kernan,'seconded by Mr. Hill and carried, the above bids of Best Cleaning Services and Absolute Pest and Termite Control were awarded as recommended. APPROVE CONTRACT - ELECTRICAL IMPROVEMENTS TO JEFFERSON STREET PARKING GARAGE Mr. Leszczynski advis -d that, in accordance with the bid awarded on November 22, 1982, to Delta Star Electric, Inc., in the amount of $67,369.00 for electrical repairs to the Jefferson Street Parking Garage, a contract was being submitted for Board approval. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the contract was approved and the required insurance, - Performance Bond and Labor and Materials Payment Bond were filed. VACATION PETITION DATE TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNER, PETITION YOU TO VACATE: the following described alleys for the Olive - Sample Overpass 1. First east -west alley north of Sample Street and east of Bendix Street beginning at the east right of way of Bendix Street and continuing east to the rear lot line of Lot 1106 extended, Part of 4th Plat of Summit Place. 2. First east -west alley north of Sample Street and west of Kal ey Street beginning at the west right of way of Kal ey Street and continuing west to the rear lot line of Lot 1099 extended, Part of 3rd Plat of Summit Place. 3. First north -south alley east of Kaley Street and north of Sample Street between Lots 997 and 998, Part of 3rd Plat of Summit Place. 4. First north -south alley west of Meade Street and north of Sample Street between Lots 992 and 993, Part of 3rd Plat of Summit Place. 5. First north -south alley east of Meade Street and north of Sample Street between Lots 587 and 680, Part of 3rd Plat of Summit Place. 6. First north -south alley west of Olive Street and north of Fisher Street between Lot 571 - Lot 572 inclusive, part of 3rd Plat of Summit Place. 7. First north -south alley west of Olive Street and south of Dunham Street between Lot 1, Niebalski Subdivision and Lot 555, part of 3rd Plat of Summit Place. 8. First east -west alley north of Fisher Street and west of Olive Street between Lot 553 - Lot 555 inclusive and Lot 572 - Lot 574; inclusive, Part of 3rd Plat of Summit Place. 9. DELETED 10. First east -west alley north of Poland Street and west of Olive Street between Lot 509 - Lot 511 inclusive and Lot 528 - Lot 530 inclusive, 3rd Plat of Summit Place. 11. First north -south alley east of Olive Street and south of Dunham Street between Lot 146 - Lot 151 inclusive and Lot 182 - 188 inclusive, Realty Construction Company's 2nd Addition. 12. First southwest - northeast alley south of Dunham Street and east of Olive Street beginning at the east right of way of Olive Street and continuing northeasterly to the west right of way of Philippa Street, Realty Construction Company's 2nd Addition. NAME ADDRESS St. Joseph County Board of Commissioners County -City Building South Bend, Indiana 46601 Tommultr Irvnxt Xv toe (Soutumu 010uUrd of t4f (tty of #OW4 Bruk: Your Committee OF THE WHOLE to whom was referred BILL NO. 153 -82 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: VARIOUS ALLEYS WITHIN THE OLIVE — SAMPLE STREET OVERPASS PROJECT AREA LYING NORTH OF SAMPLE STREET, SOUTH OF FORD STREET, EAST OF BENDIX STREET AND WEST OF PHILLIPA STREET. Respectfully report that they have examined the matter and that in their opinion THIS BILL SHOULD BE RECOMMENDED TO THE COUNCIL FAVORABLEt AS AMENDED: BY SUBSTITUTION OF A NEW BILL FAIMOND:=ZIELINSK I Chairman FREE PRESS 0114F.AW PUBLISHING CO.