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HomeMy WebLinkAbout12/03/90 Board of Public Works Minutesmt REGULAR MEETING DECEMBER 3. 1990 The regular meeting of the Board of Public Works was convened at 9:36 a.m. on Monday, December 3, 1990, by Board President John E. Leszczynski, with Mr. Leszczynski, Mrs. Patricia E. DeClercq and Ms. Katherine Humphreys present. Also present was Chief Assistant City Attorney Jenny Pitts Manier. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the minutes of the November 26, 1990, regular meeting of the Board were approved. ADOPT RESOLUTION NO. 31-1990 - AUTHORIZING THE SOLICITATION OF PROPOSALS FOR THE RESTORATION AND RENOVATION OF THE MORRIS CIVIC AUDITORIUM AND PALAIS ROYALE BUILDING BY THE SOUTH BEND REDEVELOPMENT COMMISSION Mr. Leszczynski advised that the above referred to Resolution requests the solicitation of proposals by the Redevelopment Commission to implement recommendations to the above referred to structures pursuant to a previous study that was conducted regarding restoration and rehabilitation of the buildings in conjunction with the development of a downtown entertainment district. Ms. Humphreys noted that the Proposals will include plans, specifications and cost estimates and a determination of whether or not the project should include both the Morris Civic Auditorium and the Palais Royale Building or if they should be separate projects. Therefore, Mrs. DeClercq made a motion that the Resolution as submitted be approved. Ms. Humphreys seconded the motion which carried, and the following Resolution No. 31-1990 was adopted: RESOLUTION NO. 31-1990 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE SOLICITATION OF PROPOSALS FOR THE RESTORATION AND RENOVATION OF THE MORRIS CIVIC AUDITORIUM AND PALAIS ROYALE BUILDING BY THE SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, the City of South Bend, Indiana (hereafter referred to as the "City") owns the Morris Civic Auditorium and holds a leasehold interest in a substantial portion of the the Palais Royale building; and WHEREAS, the Board of Public Works for the City of South Bend, Indiana (hereinafter referred to as the "Board"), has custody of all real property of the City, under I.C. 36-9-4-3, and is authorized, by I.C. 36-9-4-2 and I.C. 36-9-4-3, to supervise and maintain such real property; and WHEREAS, the South Bend Redevelopment Commission (hereafter the "Redevelopment Commission") is interested in acquiring the Palais Royale building for use in the development of a downtown entertainment district, the development of which entertainment district entails, in part, the restoration and rehabilitation of the Morris Civic Auditorium and Palais Royale building; and WHEREAS, development and oversight of an entertainment district will be carried out by the Redevelopment Commission, which has contracted with Daniel L. Pierotti & Company (hereinafter referred to as the "Consultant"), and has commissioned and received from the Consultant a feasibility study for the development of an entertainment district in downtown South Bend; and 1 387 REGULAR MEETING DECEMBER 3, 1990 WHEREAS, the Consultant has advised that proposals for the restoration and rehabilitation of the Morris Civic Auditorium and Palais Royale building be solicited; and WHEREAS, the Board supports plans for the restoration and renovation of the Morris Civic Auditorium and Palais Royale project acknowledges the lead taken by the Redevelopment Commission in the development of the concept of an entertainment district and the function of the Morris Civic Auditorium and Palais Royale building in such development, and has determined that the Redevelopment Commission is, consequently, better able to evaluate proposals for the restoration and rehabilitation of the Morris Civic Auditorium and Palais Royale building. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: 1. That the proposal for the restoration and rehabilitation of the Morris Civic Auditorium and Palais Royale building as embodied in the feasibility report of the Consultant, dated July, 8, 1989, revised August 28, 1989, and presented to the South Bend Redevelopment Commission in September, 1989, should be, and hereby is, adopted and approved. 2. That requests for proposals for the restoration and rehabilitation of the Morris Civic Auditorium and Palais Royale building should be and shall be solicited. 3. That it is in the best interests of the Board and the City that the Redevelopment Commission be, and the same hereby is, appointed as the agent of the Board for purposes of soliciting proposals for the restoration and rehabilitation of the Morris Civic Auditorium and Palais Royale building. 4. That the Redevelopment Commission shall cause any and all such proposals that may be received by it to be reviewed by any and all persons as it may see fit, including, but not limited to, a representative of the Department of Engineering of the City of South Bend, who shall serve as the representative of the Board for purposes of assessing and evaluating such proposals, directing such persons to return a recommendation to the Commission. 5. That the Redevelopment Commission, after a thorough and complete review of such proposals, shall recommend to the Board a proposal for the restoration and rehabilitation of the Morris Civic Auditorium and Palais Royale building which the Commission determines to be best and to be in the best interests of the City. This resolution shall be in full force and effect from and upon its adoption. Adopted at the December 3, 1990 meeting of the Board of Public Works of the City of South Bend, Indiana. BOARD OF PUBLIC WORKS CITY OF SOUTH BEND, INDIANA s/John Leszczynski s/Katherine Humphreys s/Patricia E. DeClercq Attest: s/Sandra M. Parmerlee, Clerk APPROVE AMENDMENT NO. 2 TO EQUIPMENT LEASE/PURCHASE AGREEMENT - MNC CREDIT CORPORATION Mr. Leszczynski advised that submitted to the Board was Amendment No. 2 Equipment Lease/Purchase Agreement dated as of December 4, • • s REGULAR MEETING DECEMBER 3. 1990 1989. Board Attorney Jenny Pitts Manier advised that this Amendment adds the new leaf vacuums recently purchased by the City to the existing Lease Purchase Agreement and is co -terminus. It is noted that this Amendment is to the Equipment Lease/Purchase Agreement dated December 4, 1989 by and between MNC Leasing, a Division of MNC Credit Corporation. The Amendment indicates that the City wishes to finance the acquisition cost of four (4) Big-T-Vac Leaf Loaders and is desirous of amending the original Agreement in order that the full acquisition price of the leaf loaders, plus an administrative fee of $2,500.00, be financed. It is further noted that the principal amount is $305,907.00. Therefore, Ms. Humphreys made a motion that the Amendment as submitted be approved and executed. Mrs. DeClercq seconded the motion which carried. APPROVE CONSTRUCTION CONTRACT - TRANSWESTERN BUILDING ASBESTOS ABATEMENT Mr. Leszczynski advised that in accordance with the bid awarded on November 19, 1990 to Clean Air Systems, Inc., 23349 State Road 23 West, P.O. Box 3053, South Bend, Indiana, in the amount of $79,600.00 for the above referred to project, a Contract in said amount was being submitted for Board approval. Upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the Contract was approved and the appropriate Insurance, Performance Bond and Labor and Materials Payment Bond as submitted were filed. APPROVE CERTIFICATES OF ACCEPTANCE - CONTRACT II - WASTEWATER TREATMENT PLANT IMPROVEMENTS PROJECT Mr. John J. Dillon, Director, Environmental Services, submitted to the Board and requested that the Board approve and execute nineteen (19) Certificates of Acceptance for equipment furnished by Calumet Construction, Inc., in connection with the Wastewater Treatment Plant expansion project. Mr. Dillon noted that the Certificates have all been approved by Tenny Pavoni Associates, Inc. Mr. Leszczynski made a motion that the Certificates as submitted be approved. Mrs. DeClercq seconded the motion which carried. AWARD QUOTATION - PEST CONTROL SERVICES - MUNICIPAL SERVICES FACILITY AND POLICE SUBSTATION In a letter to the Board, Mr. Bill Penn, Director, Division of Transportation, recommended that the Board award the Quotation received from Arrow Services, Inc., 211 Dixieway, South Bend, Indiana, in the amount of $55.00 for the initial service and $55.00 for each service thereafter to provide pest control services at the Municipal Services Facility and Police Substation. Mr. Penn advised that services will begin on January 1, 1991 through December 31, 1991. Ms. Humphreys made a motion that the recommendation be accepted and the Quotation submitted by Arrow Services be awarded. Mrs. DeClercq seconded the motion which carried. APPROVE REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - FERRIC CHLORIDE, SULFUR DIOXIDE AND CHLORINE - ENVIRONMENTAL SERVICES In a letter to the Board, Mr. Karl Kopec, Manager of Operations, Environmental Services, requested that the Board advertise for the receipt of bids for ferric chloride, sulfur dioxide and chlorine. He noted that these bids would be the basis for their purchases in 1991. Therefore, Ms. Humphreys made a motion that the request be approved. Mrs. DeClercq seconded the motion which carried. REGULAR MEETING DECEMBER 3, 1990 1 1 APPROVE REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - SALE OF ABANDONED VEHICLES - DEPARTMENT OF CODE ENFORCEMENT Mrs. Patricia E. DeClercq, Director, Department of Code Enforcement, requested permission to advertise for the sale of approximately twelve (12) abandoned vehicles, which are being stored at Super Auto Salvage Corporation, 3300 South Main Street, South Bend, Indiana. It was noted that all vehicles have been stored more than fifteen (15) days, identification checks had been run for auto theft and the owners and lienholders notified. Upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski and carried, the above request was approved and a date of December 17, 1990, was established for the receiving and opening of sealed bids. REQUESTS REFERRED: TO CONDUCT SOLICITATIONS ON THE PUBLIC RIGHT-OF-WAY IN FRONT OF THE DOWNTOWN OSCO DRUG STORE - DECEMBER, 1990 In a letter to the Board, Ms. Sandra Kaye Dorey, P.O. Box 11253, South Bend, Indiana, requested permission to stand in front of the downtown Osco Drug Store to solicit donations and potential donors on each Friday during the month of December to raise money for her nephew who is in need of a bone marrow transplant. Mr. Leszczynski made a motion that the request be referred to the appropriate City departments and bureaus for review and recommendation. Ms. Humphreys seconded the motion which carried. FOR DESIGNATED HANDICAPPED PARKING SPACE - 506 NORTH ALLEN STREET Mr. Leszczynski noted that the Board is in receipt of a letter from Mr. Joel E. Harman, 506 North Allen Street, South Bend, Indiana, requesting that the parking space in front of his residence be designated as a handicapped parking space. Mr. Leszczynski made a motion that the request be referred to the appropriate City departments and bureaus for review and recommendation. Mrs. DeClercq seconded the motion which carried. TO CLOSE EASTMONT, FROM SUNWOOD TO SOUTHLEA, FOR NEIGHBORHOOD CHRISTMAS/BIRTHDAY PARTY - DECEMBER 16, 1990 Mrs. Merritt Walker, 3516 Eastmont Drive, South Bend, Indiana, submitted to the Board an Application For Use of and Blocking of Access to Public Right -of -Way For a Party or Similar Event, indicating that she would like to have Eastmont Street, from Sunwood to Southlea, closed on Sunday, December 16, 1990 from 1:00 p.m. to 9:00 p.m. for a neighborhood Christmas/Birthday Party. Mr. Leszczynski made a motion that the request be referred to the necessary City departments and bureaus for review and recommendation. Mrs. DeClercq seconded the motion which carried. REJECT BIDS AND APPROVE REQUEST TO READVERTISE FOR THE RECEIPT OF BIDS - TRANSWESTERN BUILDING DEMOLITION In a letter to the Board, Mr. K.C. Pocius, Department of Economic Development, advised that the bids received on November 5, 1990, for the demolition of the Transwestern Building have been reviewed. At this time it is the recommendation of the Department that all bids be rejected. Various problems were found to exist with the lower bids that were received and the remaining bids were at an amount in excess of funds set aside for the project. Mr. Pocius additionally requested that the Board re -advertise for the receipt of bids for this project. Mrs. DeClercq made a motion that the recommendation be accepted and the request be approved. Mr. Leszczynski seconded the motion which carried. 390 REGULAR MEETING DECEMBER 3, 1990 APPROVE REQUEST OF ERSKINE BOULEVARD RESIDENTS TO CONDUCT 4TH ANNUAL CANDLELIGHT WALK & CARRIAGE RIDES - DECEMBER 16 1990 Mr. Leszczynski noted that the appropriate City departments and bureaus have reviewed the above referred to request which was submitted to the Board on November 19, 1990, and approval is recommended. Therefore, Mr. Leszczynski made a motion that the recommendation be accepted and the request be approved. Ms. Humphreys seconded the motion which carried. REJECT QUOTATIONS - TELEPHONE SYSTEM - DIVISION OF ENVIRONMENTAL SERVICES - 3113 RIVERSIDE DRIVE In a letter to the Board, Mr. John J. Dillon, Director, Division of Environmental Services, advised that he has reviewed the Quotations submitted to the Board on November 5, 1990 for the above referred to telephone system and as all quotes received were higher than their budget estimates, he recommends that none be accepted. Therefore, Mr. Leszczynski made a motion that the Quotations received for the telephone system for the Division of Environmental Services be rejected. Mrs. DeClercq seconded the motion which carried. APPROVE AND/OR RELEASE CONTRACTORS AND EXCAVATION BONDS Mr. Leszczynski indicated that the Engineering Department has submitted to the Board the following Contractors and Excavation Bonds and recommends approval and/or release as indicated below: CONTRACTORS BONDS - Samuel L. Wright Custom Masonry 1135 East Corby Street South Bend, Indiana - John Wright & Sons, Inc. R.R#1, Box 434 Union, Michigan 49130 EXCAVATION BONDS Release Eff. 10-12-91 Release Eff. 9-28-91 - James Brom, d/b/a_ Approve Eff. 12-3-90 Metropolitan Home Plumbing Services, Inc. 2522 Miracle Lane Mishawaka, Indiana Therefore, upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the above referred to bonds were approved and/or released as recommended. APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the following two (2) traffic control devices were approved: 1. NEW INSTALLATION: No Parking LOCATION: Edgewater 500-600 blocks REMARKS: With new construction the east side of Edgewater from Bronson to Monroe - No Parking. 2. REMOVAL OF: 2 Hour Parking LOCATION: 800 block of South Michigan Street (both sides) FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORTS Two (2) reports from the Department of Code Enforcement indicating a total of twenty-one (21) City/Miscellaneous properties cleaned from November 14, 1990 to November 21, 1990 1 391 REGULAR MEETING DECEMBER 3, 1990 and eighty-one (81) other properties cleaned from November 14, 1990 to November 21, 1990 were submitted. Upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the reports as submitted were filed. FILING OF CERTIFICATE OF INSURANCE Upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the Certificate of Insurance for St. Joseph's Materials, P.O. Box 540, Portage, IN, was accepted and filed. APPROVE CLAIMS Mr. Leszczynski advised that Voucher Nos. 958-971 for the Bureau of Wastewater were submitted for approval. Upon a motion made by Mr. Leszczynski seconded by Mrs. DeClercq and carried, the vouchers were approved and the report as submitted was filed. APPROVE DOCUMENTS - LEASE -PURCHASE OF MUNICIPAL SERVICES FACILITY: FILING OF PETITION REQUESTING BOARD OF PUBLIC WORKS TO ENTER INTO LEASE PURCHASE Mr. Leszczynski advised that a Petition, containing fifty (50) signatures of property owners in the City of South Bend, as verified by the County Auditor, requesting that the Board enter into a Lease/Purchase Agreement to acquire a vehicle maintenance facility, has been submitted to the Board for filing. Therefore, Ms. Humphreys made a motion that the Petition be accepted for filing as submitted. Mrs. DeClercq seconded the motion which carried. ADOPT RESOLUTION NO. 32-1990 - AUTHORIZING DIRECTOR OF DEPARTMENT OF PUBLIC WORKS TO SUBMIT A RESOLUTION FOR DETERMINATION BY THE SOUTH BEND COMMON COUNCIL OF THE NEED FOR A MUNICIPAL SERVICES FACILITY Mr. Leszczynski advised that a Resolution authorizing him to submit a Resolution for determination by the Common Council of the need for a Municipal Services Facility has been prepared and submitted to the Board at this time for adoption. Therefore, upon a motion made by Ms. Humphreys, seconded by Mrs. DeClercq and carried, the following Resolution No. 32-1990 was adopted: RESOLUTION 32-1990 RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE DIRECTOR OF THE DEPARTMENT OF PUBLIC WORKS TO SUBMIT A RESOLUTION FOR DETERMINATION BY THE SOUTH BEND COMMON COUNCIL OF THE NEED FOR A MUNICIPAL SERVICES FACILITY WHEREAS, the Board of Public Works of the City of South Bend, Indiana has received a petition signed by fifty (50) taxpayers of the City of South Bend, Indiana, requesting that the Board acquire a vehicle maintenance facility by entering into a lease/purchase agreement with Liberty National Leasing Company, of Louisville, Kentucky, for a term of ten (10) years, with the cost of land acquisition and renovation of said facility by said corporation not to exceed two million dollars ($2,000,000.00); and WHEREAS, the Board has received a certificate signed by the St. Joseph County Auditor, certifying that the verifier and the signatories of the petition are taxpayers of property located within the corporate limits of the City of South Bend; and 092 REGULAR MEETING DECEMBER 3, 1990 WHEREAS, I.C. 36-1-10-7(2) requires, prior to the Board's entering into such a lease/purchase agreement, that the Common Council, after investigation, determine that the structure is needed. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: 1. The Board directs and authorizes the Director of the Department of Public Works of the City of South Bend to file with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, a form of Resolution to establish, after investigation, its determination that a municipal services facility as described herein is needed. 2. This Resolution shall be in full force and effect from and after its passage by the Board of Public Works. Adopted at the December 3, 1990 meeting of the Board of Public Works of the City of South Bend. ATTEST: s/Sandra M. Parmerlee ADOPT RESOLUTION NO. 33-1990 - l BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA s/John Leszczynski s/Katherine Humphreys s/Patricia DeClercq ATIFYING APPRAISALS OF 1045 WEST SAMPLE STREET FOR PURPOSES OF I.C. 36-1-10-11 Mr. Leszczynski advised that Resolution No. 33-1990 which ratifies appraisals that were conducted of the facility at 1045 West Sample Street for purposes of I.C. 36-1-10-11 has been prepared and submitted to the Board for adoption. Upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the following Resolution No. 33-1990 was adopted: RESOLUTION NO. 33-1990 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA RATIFYING APPRAISALS OF 1045 W. SAMPLE STREET FOR PURPOSES OF I.C. 36-1-10-11 WHEREAS, the City of South Bend, Indiana (hereinafter, the "City"), owns real property located at 1045 W. Sample Street, South Bend,Indiana; and WHEREAS, the Board of Public Works for the City of South Bend, Indiana (hereinafter, the "Board"), pursuant to I.C. 36-9-4-2 and I.C. 36-9-4-3, has custody and control of all real property owned by the City; and WHEREAS, the Board has received a petition signed by fifty (50) taxpayers of the City of South Bend, Indiana, requesting that the Board acquire a vehicle maintenance facility by entering into a lease -purchase agreement with Liberty National Leasing Company, of Louisville, Kentucky, for a term of ten (10) years, with the cost of land acquisition and renovation of said facility by said corporation not to exceed two million dollars ($2,000,000.00), and the Board is desireous of doing so by lease -purchase involving the initial sale of the property at 1045 W. Sample, and subsequent renovation of said property by said corporation into a lease -purchase agreement to finance and facilitate such remodeling and renovation; and 1 1 393 REGULAR MEETING DECEMBER 3, 1990 WHEREAS, I.C. 36-1-10-11 authorizes the sale by the Board of real property such as the real property at 1045 W. Sample in order to facilitate the lease -purchase of a remodeled and expanded version of a structure located on that property, but limits the Board from selling the property for less than appraised value of that property; and WHEREAS, I.C. 36-1-10-11 requires the appointment of two (2) appraisers professionally engaged in making appraisals or licensed pursuant to I.C. 25-34.1 to appraise the fair market value of the property to be sold; and WHEREAS, Jerome Michaels and R.E. McCloskey and Associates, professionally engaged in the making of appraisals have appraised the property at 1045 W. Sample within the past three (3) months, which appraisals were filed with and accepted by the Board; and WHEREAS, the Board has determined that it is in the best interest of the Board and of the City, that the Board ratify the appraisals of the property at 1045 W. Sample Street previously prepared by Jerome Michaels and R.E. McCloskey and Associates and which were filed with the Board on August 27, 1990 for purposes of I.C. 36-1-10-11 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, that the appraisals of the property at 1045 W. Sample Street previously prepared by Jerome Michaels and R.E. McCloskey Associates and filed with the Board on August 27, 1990 shall be, and hereby are, ratified and accepted as sufficient for purposes of I.C. 36-1-10-11. This Resolution shall be in full force and effect from and after its adoption. Adopted this 3rd day of December, 1990. BOARD OF PUBLIC WORKS CITY OF SOUTH BEND, INDIANA s/John Leszczynski s/Katherine Humphreys s/Patricia E. DeClercq ATTEST: s/Sandra M. Parmerlee, Clerk CHANGE IN MEETING DATE There being no objections by members of the Board, the regular meeting of the Board set for Monday, December 24, 1990 was moved to Wednesday, December 26, 1990 at 3:00 p.m. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the meeting adjourned at 9:58 a.m. J Leszczy sXf _�' f ZL L6� — Patricia E. DeClprcq 1 AT ST: Sandra M. Parmerlee, Clerk