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HomeMy WebLinkAbout05/18/92 Board of Public Works MinutesREGULAR MEETING MAY 18, 1992 1 The regular meeting of the Board of Public Works was convened at 9:36 a.m. on Monday, May 18, 1992, by Board President John E. Leszczynski, with Mr. Leszczynski, Mr. James R. Caldwell and Mrs. Mary H. Mueller present. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Leszczynski, seconded by Mr. Caldwell and carried, the minutes of the regular meeting of the Board held on May 11, 1992 were approved. ADOPT RESOLUTION NOS. 20-1992. 21-1992. 22-1992 - DISPOSAL OF OBSOLETE SERVICE REVOLVERS - POLICE DEPARTMENT Mr. Leszczynski stated that Police Chief Ronald G. Marciniak has advised the Board that Corporal Edward Miley, Corporal Roland Greene and Corporal Edward Scott have retired from the South Bend Police Department, in good standing. In keeping with Section 2-124 of the Municipal Code of the City of South Bend, Indiana, the Chief requested that the Board declare these officers service revolvers as surplus property and no longer useful to the City. This declaration by the Board will authorize the presentation of the firearms to the officers as a tribute to their service to the City. Therefore, Mr. Caldwell made a motion that the appropriate Resolutions which have been prepared be adopted. Mrs. Mueller seconded the motion which carried and the following Resolution Nos. 20-1992, 21-1992 and 22-1992 were adopted: RESOLUTION NO. 20-1992 WHEREAS, I.C. 36-9-6-1 gives the Board of Public Works of the City of South Bend the right and duty to have custody of, control of, use of, and dispose of in accordance with Indiana statutes, all real and personal property owned by the City of South Bend; and WHEREAS, the Common Council of the City of South Bend passed as amended on January 11, 1988, Ordinance No. 7847-88, which mandates the Board of Public Works of the City of South Bend to determine that the service revolver of a police officer who retires in good standing is surplus property and no longer useful to the City of South Bend; and WHEREAS, CORPORAL ROLAND GREENE has retired from the South Bend Police Department after twenty-eight (28) years of service and the Board of Public Safety of the City of South Bend has determined that he has retired in good standing; and WHEREAS, I.C. 36-1-11-6 permits and establishes procedure for disposal of personal property which is no longer needed by the City and which is unfit for the purpose for which it was intended; NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that service revolver Serial No. 249K439 a .357 caliber Smith and Wesson revolver, is no longer needed by the City and is unfit for the purpose for which it was intended and has an estimated fair market value of less than Five Hundred Dollars ($500.00). BE IT FURTHER RESOLVED that said property be disposed of and removed from the City inventory. REGULAR MEETING MAY 18, 1992 ADOPTED this 18th day of May, 1992. BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND s/John E. Leszczynski s/James R. Caldwell s/Mary H. Mueller ATTEST: s/Sandra M. Parmerlee, Clerk RESOLUTION NO. 21-1992 WHEREAS, I.C. 36-9-6-1 gives the Board of Public Works of the City of South Bend the right and duty to have custody of, control of, use of, and dispose of in accordance with Indiana statutes, all real and personal property owned by the City of South Bend; and WHEREAS, the Common Council of the City of South Bend passed as amended on January 11, 1988, Ordinance No. 7847-88, which mandates the Board of Public Works of the City of South Bend to determine that the service revolver of a police officer who retires in good standing is surplus property and no longer useful to the City of South Bend; and WHEREAS, CORPORAL EDWARD MILEY has retired from the South Bend Police Department after twenty-two (22) years of service and the Board of Public Safety of the City of South Bend has determined that he has retired in good standing; and WHEREAS, I.C. 36-1-11-6 permits and establishes procedure for disposal of personal property which is no longer needed by the City and which is unfit for the purpose for which it was intended; NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that service revolver Serial No. 251K991 a .357 caliber Smith and Wesson revolver, is no longer needed by the City and is unfit for the purpose for which it was intended and has an estimated fair market value of less than Five Hundred Dollars ($500.00). BE IT FURTHER RESOLVED that said property be disposed of and removed from the City inventory. ADOPTED this 18th day of May, 1992. BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND s/John E. Leszczynski s/James R. Caldwell s/Mary H. Mueller ATTEST: s/Sandra M. Parmerlee, Clerk 1 1 1 REGULAR MEETING MAY 18, 1992 1 1 RESOLUTION NO. 22-1992 WHEREAS, I.C. 36-9-6-1 gives the Board of Public Works of the City of South Bend the right and duty to have custody of, control of, use of, and dispose of in accordance with Indiana statutes, all real and personal property owned by the City of South Bend; and WHEREAS, the Common Council of the City of South Bend passed as amended on January 11, 1988, Ordinance No. 7847-88, which mandates the Board of Public Works of the City of South Bend to determine that the service revolver of a police officer who retires in good standing is surplus property and no longer useful to the City of South Bend; and WHEREAS, CORPORAL EDWARD SCOTT has retired from the South Bend Police Department after thirty-two (32) years of service and the Board of Public Safety of the City of South Bend has determined that he has retired in good standing; and WHEREAS, I.C. 36-1-11-6 permits and establishes procedure for disposal of personal property which is no longer needed by the City and which is unfit for the purpose for which it was intended; NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that service revolver Serial No. 248K843 a .357 caliber Smith and Wesson revolver, is no longer needed by the City and is unfit for the purpose for which it was intended and has an estimated fair market value of less than Five Hundred Dollars ($500.00). BE IT FURTHER RESOLVED that said property be disposed of and removed from the City inventory. ADOPTED this 18th day of May, 1992. BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND s/John E. Leszczynski s/James R. Caldwell s/Mary H. Mueller ATTEST: s/Sandra M. Parmerlee, Clerk INVOKE EMERGENCY POWERS OF THE BOARD - EMERGENCY REPAIR TO BENDIX DRIVE Mr. Leszczynski advised that Mr. Carl P. Littrell, Director, Division of Engineering, asked the Board to invoke emergency powers to allow receipt of verbal quotations and award of a contract for repairs to Bendix Drive. Mr. Littrell indicated that a pavement "blow-up" has occurred on Bendix Drive presenting a hazard to the public. In response to an inquiry from Mr. Leszczynski, Mr. Littrell advised that the blow-up occurred north of the Industrial Park and south of the airport runway. Mr. Caldwell made a motion that the request be approved. Mrs. Mueller seconded the motion which carried adding that this motion REGULAR MEETING MAY 18, 1992 declares that an emergency exists authorized to secure at least two emergency repair work and to award bidder. and that Mr. Littrell is (2) quotations for this the contract to the low APPROVE COMMUNITY DEVELOPMENT ADDENDUM Mr. Leszczynski advised that the following Community Development Addendum has been submitted to the Board for consideration: ADDENDUM II HOUSING DEVELOPMENT CORPORATION CHRISTMAS IN APRIL Addendum II extended the contract period to June 30, 1992. Mrs. Mueller made a motion that the Addendum be approved and executed. Mr. Caldwell seconded the motion which carried. APPROVE PROPOSAL - SANITATION GARAGE EXPANSION & RENOVATION Mr. Leszczynski noted that the Board is in receipt of a Proposal from Ken Herceg & Associates, Inc., 224 West Jefferson Boulevard, Suite 200, South Bend, Indiana, for the design of the expansion and renovation of the Department of Sanitation garage. Mr. Leszczynski further noted that the fee for this design engineering is $32,500.00. Mr. Caldwell made a motion that the Proposal be approved and executed. Mrs. Mueller seconded the motion which carried. Mr. Leszczynski advised that in accordance with the bid awarded on May 4, 1992, to B & J Excavation, Inc., 1104 West Donald Street, South Bend, Indiana, in the amount of $17,998.00 for the above referred to project, a Contract in said amount was being submitted for Board approval. Upon a motion made by Mr. Caldwell, seconded by Mr. Leszczynski and carried, the Contract was approved and the appropriate Performance Bond and Labor and Materials Payment Bond as submitted were filed. APPROVE REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - 1992 PAVEMENT PATCHES FOR UTILITY CUTS Mr. Carl P. Littrell, Director, Division of Engineering, requested that the Board advertise for the receipt of bids for 1992 Pavement Patches for Utility Cuts. Mr. Leszczynski made a motion that the request be approved. Mrs. Mueller seconded the motion which carried. Mr. Leszczynski advised that the appropriate City departments and bureaus have reviewed the above referred to request which was submitted to the Board on March 16, 1992, and approval is recommended. Therefore, Mr. Caldwell made a motion that the request be approved. Mrs. Mueller seconded the motion which carried. APPROVE REQUEST TO CLOSE JACOB STREET, FROM MINER TO CEDAR, FOR BLOCK PARTY - MAY 24, 1992 Mr. Leszczynski stated that the appropriate departments and bureaus have reviewed the above referred to request which was submitted to the Board on May 11, 1992, and approval is recommended. Therefore, Mr. Leszczynski made a motion that the 1 1 REGULAR MEETING MAY 18, 1992 request be approved. Mrs. Mueller seconded the motion which carried. APPROVE REQUEST OF WEST SIDE MEMORIAL COMMITTEE TO CONDUCT ANNUAL WEST SIDE MEMORIAL DAY PARADE - MAY 25, 1992 Mr. Leszczynski indicated that the Board is in receipt of favorable recommendations from the various City departments and bureaus that have reviewed the above referred to request which was submitted to the Board on May 11, 1992. Therefore, Mr. Caldwell made a motion that the request be approved. Mrs. Mueller seconded the motion which carried. DENY REQUEST OF SHELTERCOM TO INSTALL BUS SHELTERS IN THE PUBLIC RIGHT-OF-WAY THROUGHOUT THE CITY It is noted that on March 16, 1992, the Board received a request from Mr. Robert K. Pickering, ShelterCom, P.O. Box 6667, South Bend, Indiana, to install approximately fifty (50) bus shelters along the public right-of-way at various locations in the City of South Bend at locations to be determined. Board Attorney Mary H. Mueller advised members of the Board that there are quite a few concerns with this request including commercial use of public right-of-way. She indicated that there are legal and practical problems with this request. The installation of these shelters would be considered private use of public right-of-way which is in violation of City Code and could result in actions against the City by adjacent landowners. Therefore, Mr. Caldwell made a motion that the request be denied. Mrs. Mueller seconded the motion which carried. REQUEST OF MADISON SCHOOL TO CLOSE PARK LANE, FROM LAFAYETTE TO MAIN STREET, IN CONJUNCTION WITH ANNUAL ICE CREAM SOCIAL - MAY 29,1992 - REFERRED Ms. Kathie Carter, Co -President, Madison School P.T.O., 832 North Lafayette Boulevard, South Bend, Indiana, advised that on Friday, May 29, 1992, Madison School will be holding it's annual Ice Cream Social at Leeper Park. As in the past, they are requesting that Park Lane, from Lafayette Boulevard to Main Street, be closed for the safety of the families. Mr. Leszczynski made a motion that the request be referred to the appropriate City departments and bureaus for review and recommendation. Mrs. Mueller seconded the motion which carried. APPROVE REQUEST OF "BASIX", 1150 MISHAWAKA AVENUE, TO CLOSE BEYER AVENUE IN CONJUNCTION WITH MEMORIAL DAY ACTIVITIES - MAY 22-25. In a letter to the Board, Attorney John B. Ford, Jones, Obenchain, Ford, Pankow & Lewis, 1800 Valley American Bank Building, P.O. Box 4577, South Bend, Indiana, requested, on behalf of Lanza and Watkins Corporation, owner and operator of "Basix", 1150 Mishawaka Avenue, South Bend, Indiana, to close Beyer Avenue from Mishawaka Avenue to Eddy Street on the following dates: Friday, May 22, 1992 Saturday, May 23, 1992 Sunday, May 24, 1992 Monday, May 25,,1992 4:00 p.m. - 11:00 p.m. 4:00 p.m. - 11:00 p.m. 12:00 noon to 11:00 p.m. 12:00 noon to 11:00 p.m. Mr. Ford indicated that "Basix" will be conducting promotional activities in the parking lot at 1150 Mishawaka Avenue during the times indicated above and large crowds are expected. Therefore, they believe that public safety would be enhanced if they would REGULAR MEETING MAY 18, 1992 be granted permission to close Beyer Avenue. Mr. Ford was present at the meeting and informed members of the Board that present with him was Mr. Bill Watkins, owner of Basix. Mr. Ford indicated that they will be conducting a promotional activity, "bungee jumping", in the parking lot at the establishment on the dates indicated in the letter. In connection with this activity they are asking to close Beyer Avenue for the safety of individuals and for crowd control. Mr. Ford submitted to the Board consents from the owners of the Farmer's Market, the owners of Len's Mobile Gas Station and the owner of Bamber's Superette. He noted that the consent from the Farmer's Market includes a statement that they give Basix permission to use the Farmmer's Market parking lot. He noted that there will be no conflict with the Farmer's Market when they are open. Mr. Ford further informed the Board that they have made arrangements for private security and off duty police officers and have the necessary approval from the Alcohol Beverage Commission. Mr. Ford indicated that they believe that given what they are going to be doing, it would only be prudent to have Beyer Avenue closed. Mr. Ford further indicated that he is aware that there will be a cost involved and they are ready to reimburse the City for those expenses. Additionally, Mr. Ford advised the Board that they are aware that this activity has the potential to generate a lot of noise and they have assured the City administration, the Legal Department and now the Board of Public Works that they will be responsive to the noise that is generated and to complaints received. If there appears to be excessive noise they would be willing to stop the activity earlier than planned. Mr. Ford noted that they have also contacted a number of other people who live in the area as well as the resident who lives across from Basix on Beyer Avenue and they have no objections. Mr. Carl P. Littrell, Director, Division of Engineering, advised that Beyer Avenue can be closed for this event. However, this closing will inconvenience the public and detours will need to be set up over this holiday weekend. He noted that employees of the Bureau of Traffic and Lighting will arrange the necessary closings and detours with Basix reimbursing the City for these services. Mrs. Mueller made a motion that the request be approved subject to the owner executing an Indemnification and Hold Harmless form and reimbursement to the City for costs involved in providing this street closure. Mr. Caldwell seconded the motion which carried. APPROVE TRAFFIC CONTROL DEVICE Upon a motion made by Mr. Leszczynski, seconded by Mrs. Mueller and carried, the following one (1) traffic control device was approved: 1. REMOVAL OF: Handicap Parking Space LOCATION: 229 Frances REMARKS: Resident, Mr. John Benson, is moving APPROVE AND/OR RELEASE CONTRACTORS AND EXCAVATION BONDS Mr. Leszczynski indicated that Mr. Larry Spradlin, Sr., Division of Engineering, has recommended that the following Contractors REGULAR MEETING MAY 18, 1992 and Excavation Bonds be approved and/or released as indicated: CONTRACTORS BONDS 1. Richard Ballin Approved Eff. 5-18-92 2. Papczynski Construction, Inc., Released Eff. 5-18-92 3. Susanna J. Brown Released Eff. 5-18-92 EXCAVATION BOND 1. HDW Corporation Released Eff. 5-18-92 Mr. Leszczynski made a motion that the recommendations be accepted and the bonds be approved and/or released as indicated above. Mr. Caldwell seconded the motion which carried. APPROVE CARNIVAL AND CIRCUS LICENSE APPLICATION Mr. Leszczynski advised that the Board is in receipt of a license application for a Carnival or Circus as follows: APPLICANT: David Laflin ADDRESS: 529 Chamberlin Drive South Bend, IN CORPORATION: SOUTH BEND SHRINE CLUB, INC. 430 North Main Street South Bend, IN PROPOSED LOCATION OF CIRCUS: 4-H Fairgrounds DATES: June 5-6, 1992 HOURS: 3:00 p.m. & 7:00 p.m. each day It is noted that favorable recommendations concerning this application have been received from the St. Joseph County Health Department, Police Department, Area Plan Commission and the Division of Engineering. Therefore, Mr. Caldwell made a motion that the license application be approved. Mrs. Mueller seconded the motion which carried. FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORTS Mr. Leszczynski stated that the Board is in receipt of two (2) lists as submitted by the Department of Code Enforcement indicating that fifty-five (55) miscellaneous properties were cleaned by the Department from May 4, 1992 to May 7, 1992. Mr. Caldwell made a motion that the lists be accepted for filing. Mrs. Mueller seconded the motion which carried. APPROVE CLAIMS Mr. Leszczynski stated that the Deputy Controllers Office has submitted claims in the amounts of $713,271.45 and $1,838,251.30 and recommended approval. Mrs. Mueller made a motion that the claims be approved and the lists filed. Mr. Caldwell seconded the motion which carried. REGULAR MEETING MAY 18, 1992 ADJOURNMENT There being no further business motion made by Mr. Leszczynski, carried, the meeting adjourned ATTEST: Sandra M. Parmerlee, Clerk to come before the Board, upon a seconded by Mr. Caldwell and at 9:56 a.m. � t Q rJi ?n�LE. Leszczyngkt /ames R. Ca well Mary H. 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