04/09/07 Board of Public Works Minutes

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G97. PUBLIC AGENDA SESSION APRIL 5, 2007 The Public Agenda Session of the Board of Public Works was convened at 10:35 a.m. on April 5, 2007, by Board President Gary A. Gilot, with Mr. Donald E. Inks present. Mr. Carl P. Littrell was absent. Also present was Board Attorney Thomas Bodnar, and Assistant City Attorney Cheryl Greene. Board of Public Works Clerk Linda M. Martin presented the Board with a proposed agenda of items presented by the public and by City staff. AGENDA ITEMS ADDED - Change Orders -Studebaker National Museum Archives Building -Project No. 103-072A - Agreement -North Distribution System Improvements - DLZ Indiana, LLC - Procession -Chet Waggoner Little League Opening Parade Board members discussed the following item(s) from the agenda: - Safety Reports -Department of Public Works Mr. Jack Dillon, Environmental Services, and Mr. Andy Wierzbicki, Water Works, presented their respective Safety Reports. - Monthly Reports - Department of Public Works Mr. Jack Dillon, Environmental Services and Mr. Andy Wierzbicki, Water Works, presented their respective Monthly Operations and Performance Goals Reports. - Supplemental Agreement No. 3 - Extension of Commerce Drive into Sheridan Avenue/Extension of Voorde Drive to Airport/Sheridan Avenue Improvements from Lincoln Way West to Progress Drive & Drainage Improvements on Lincoln Way West from Maplewood to Sheridan Avenue Mr. Nick Witwer, Community and Economic Development, stated that this was an increase of forty percent to the original contract for the above mentioned project. Mr. Gilot questioned if this should be a separate Agreement due to the large amount of increase. Mr. Bodnar agreed and Mr. Witwer was asked to have Ken Herceg and Associates create an Agreement with the exact wording of this Supplemental Agreement. Ms. Greene, Legal, stated that she would approve the Contract at the regular meeting on Monday, April 9, as long as the wording was exactly the same as in the Supplemental Agreement. - Brownfields Cleanup Fund and Grant Agreement for Remediation of Brownfield at Fredrickson Park North Extension Ms. Ann Kolata, Community and Economic Development, presented the Board with the Contract for the above mentioned project and asked for approval at this Agenda Session. Mr. Inks stated that since he was the Director of the South Bend Redevelopment Commission he would have to abstain from voting. Mr. Gilot stated that they would wait until Monday's meeting to approve the Contract since Mr. Littrell was absent today. - Change Order and Project Completion Affidavit - St. Joseph River Crossing Mr. Gilot stated that this was a disputed claim that Jason Durr, Engineering, reviewed and arbitrated to come up with a reasonable settlement. - Traffic Signal Communication Improvements 2006 Mr. Gilot stated that this increase will be paid for by the Water' Works Department, and billing should be sent directly to them. - Sidewalk Cafe Permit -Jimmy John's Gourmet Sandwiches In a Memorandum, Mr. Littrell noted his concerns that a sidewalk cafe permit for this establishment created. This is a self-serve restaurant and Mr. Littrell is concerned that there will not be anybody cleaning the tables, nor has Jimmy John's indicated the placement of a trash receptacle outside. Mr. Gilot asked the Clerk to request a letter for the Regular meeting from the establishment, indicating how they intend to deal with these issues. - Sidewalk Cafe Permit -Club NoMa In a Memorandum, Mr. Littrell noted that the placement of the sidewalk cafe as presented to the Board is in a public walkway that was originally designed to create a walkway to the public parking garage. He is also concerned with the construction of the All- American Plaza next to this sidewalk cafe. This could cause noise and dust problems for patrons of the restaurant, and if the Plaza wants to use the walkway for access to the parking garage, it could cause future problems. Mr. Littrell also questioned the use of the entire alley and stated that Club NoMa does not own the entire property. Mr. Gilot