Loading...
HomeMy WebLinkAbout09/05/89 Board of Public Works MinutesREGULAR MEETING SEPTEMBER 5, 1989 The regular meeting of the Board of Public Works was convened at 9:35 a.m. on Tuesday, September 5, 1989 by Board President John E. Leszczynski, with Mr. Leszczynski, Mrs. Patricia E. DeClercq and Ms. Katherine Humphreys present. Also present was 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 regular meeting of the Board held on August 28, 1989 were approved. PUBLIC HEARING TABLED - VACATION OF ALL STREETS AND ALLEYS SOUTH OF EWING AVENUE AND PRAIRIE AVENUE (AT THE NORTH) Mr. Leszczynski advised that this was the date set for the Board's Public Hearing on a'proposed vacation described as follows: All streets and alleys south of Ewing Avenue and Prairie Avenue (at the north) running south to the south line of the west half of the Northeast Quarter of Section 22, Township 37 North, Range 2 East, and from Locust Road east to Grant Street, except 152.9 feet of Irvington Street east of Locust Road and 125 feet of Warren Street south of Ewing Street. Grant Street vacated, except 166 feet south of Ewing Avenue. It was noted that this Public Hearing is being held in order for the Board to submit a recommendation to the Common Council concerning the Vacation Petition filed by Lang, Feeney & Associates, 715 South Michigan Street, South Bend, Indiana, as Contract Person, with the following names appearing on the Petition form as Petitioners: Charles & Mary Kovach 106 Greenlawn, South Bend, IN Paul & Elaine Szikszai 2427 S. Brookfield, South Bend, IN Chaang Huei Luan No Address Given Mr. Paul Szikszai, 2427 South Brookfield Street, South Bend, Indiana, was present and advised the Board that he did receive a letter from the Board advising him of the Public Hearing today but that he did not petition anything and therefore asks why he is to be present. Mr. Szikszai was advised that his name appears on the Petition form and therefore he was advised of the Board's Public Hearing on the matter. As there was no one else present to speak in regards to this matter, Board Attorney Jenny Pitts-Manier noted that the matter should be tabled until the Board hears from Mr. Chaang Huei Luan, who did sign the Vacation Petition regarding this matter. Mr. Leszczynski recommended to Mr. Szikszai that he contact Lang, Feeney and Associates, who is listed as the Contact Person on the Vacation Petition form and discuss his concerns with them. Ms. Manier indicated to Mr. Szikszai that the Board will not take action on this matter and cannot proceed until more information is provided to them as to why the names of Charles & Mary Kovach and Paul and Elaine Szikszai are listed on the Vacation Petition form without the required signatures. Mr. Leszczynski explained to Mr. Szikszai that the Board of Public Works reviews the vacation petitions as filed with the Common Council and conducts a Public Hearing and provides a recommendation to the Common Council. However, it is the Common Council who makes the final decision on the matter. 1 265 REGULAR MEETING SEPTEMBER 5, 1989 Mr. Szikszai indicated that it was the Board of Public Works who drew him into the situation. Members of the Board informed Mr. Szikszai that it was the filing of the Petition form that involved him in the matter but it was the Board who alerted him to the fact that this situation was occurring. Mr. Szikszai was assured that his concerns would be noted that he is not a Petitioner on this request, that the matter will not be taken any further but will be tabled and that the City Clerk will be informed that this is an apparent invalid petition. Mr. Szikszai inquired what the end result to this situation would be should it be completed. He was advised by Mr. Leszczynski that the petition requests that various streets and alleys be closed. Should the Petition be approved, abutting property owners would acquire portions of the streets and alleys to be closed. Mr. Szikszai stated that he probably does not have an opposition to this matter but he wanted the Board to know that he did not petition for these closings, but he would not complain about the end result. Therefore, Mrs. DeClercq made a motion that the Vacation Petition be tabled and that the record note that Mr. Paul Szikszai advised that he is not a Petitioner in this action and further, that the Common Council be notified that this Petition appears to have some serious problems and needs revision before any further action can be taken by the Board. Ms. Humphreys seconded the motion which carried. ADOPT RESOLUTION NO. 34-1989 - DISPOSAL OF OBSOLETE VEHICLE (POLICE DEPARTMENT) Mr. Leszczynski advised that Police Chief Ronald G. Marciniak is requesting that the Board release the title to a police vehicle that was destroyed in an accident. Chief Marciniak stated that Mechanical #730, a 1984 Chrysler Laser was damaged beyond repair on June 15, 1989 and payment of $4,311.00 will now be made by Maryland Casualty Insurance Company upon receipt of the car. They will pay the sum of $375.00 upon receipt of the title thus a total of $4,686.00 will be paid for the vehicle. Chief Marciniak noted that this vehicle was purchased with drug forfeiture and seizure funds and it is requested that the proceeds from the disposal of the vehicle be returned to the fund for purchase of a replacement vehicle. Therefore, Mrs. DeClercq made a motion that the appropriate Resolution as submitted be adopted. Ms. Humphreys seconded the motion and the following Resolution No. 34-1989 was adopted: RESOLUTION NO. 34-1989 A RESOLUTION OF THE ON DISPOSAL OF UNFIT AND, IC WORKS WHEREAS, the following described property was destroyed in an accident and has been determined by the Board of Public Works to be unfit for the purpose for which it was intended, no longer needed by the City of South Bend, and to have an estimated total value of less than Five Hundred Dollars ($500.00): ONE (1) 1984 CHRYSLER LASER VIN. #lC3BA54E7EG111804 - MECHANICAL #730; and WHEREAS, Indiana Code 36-1-11-6(c) provides for the disposal at private or public sale or transfer of personal property with an estimated total value of less than Five Hundred Dollars ($500.00) which is unfit for the purpose for which it was intended and which is no longer needed by the City; and 266 REGULAR MEETING SEPTEMBER 5, 1989 WHEREAS, an insurance settlement for the loss incurred by the City due to the destruction of the above -referenced vehicle has been reached by the City and the Maryland Casualty Insurance Company, which settlement includes payment to the City of $4,311.00 upon receipt of the vehicle and $375.00 upon receipt of the title to the vehicle; and WHEREAS, release of the title to the above -referenced vehicle to Maryland Casualty is a necessary condition of said settlement. NOW, THEREFORE, BE IT RESOLVED, by the Board of Public Works of the City of South Bend as follows: (1) That the above referenced vehicle has been destroyed as the result of an accident, is no longer needed by the City; is unfit for the purpose for which it was intended and has an estimated value of less than Five Hundred Dollars ($500.00). (2) That title to said vehicle shall be released and the vehicle transferred to the Maryland Casualty Insurance Company as part of the insurance settlement reached with respect to said vehicle. (3) This Resolution shall be effective upon adoption by the Board of Public Works of the City of South Bend. ADOPTED this 5th day of September, 1989. BOARD OF PUBLIC WORKS s/John E. Leszczynski s/Patricia E. DeClercq s/Katherine Humphreys ATTEST: s/Sandra M. Parmerlee, Clerk APPROVE ESCROW AGREEMENT - CALUMET CONSTRUCTION CORPORATION Mr. Leszczynski noted that lst Source Bank, P.O. Box 1602, South Bend, Indiana, has submitted an Escrow Agreement on behalf of the Calumet Construction Corporation in conjunction with the Wastewater Treatment Plant Improvements Project. Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the Agreement as submitted was approved and executed. APPROVE NEONATAL AMBULANCE LEASE AND STAFFING AGREEMENT - CITY/MEMORIAL HOSPITAL Board Attorney Jenny Pitts-Manier advised that the above referred to Agreement between the City of South Bend and Memorial Hospital of South Bend, indicates that the City will be providing transportation services for neonatal cases for Memorial Hospital. This service will include picking -up children from the area as well as transporting children to Riley Children's Hospital in Indianapolis. Ms. Humphreys noted that until just recently this services was provided to the hospital by a private ambulance service and that this is a new Agreement with the City. Therefore, Ms. Humphreys made a motion that the Agreement as submitted be approved and executed. Mrs. DeClercq seconded the motion which carried. APPROVE CHANGE ORDER NOS. 1 (FINAL) AND PROJECT COMPLETION AFFIDAVITS: 1. CONCRETE REPAIRS 1988 PROJECT 2. CLEVELAND AND BRICK INTERSECTION IMPROVEMENTS PROJECT Mr. Leszczynski advised that Contractors have submitted Change Order Nos. 1 (Final) and Project Completion Affidavits for the 267 REGULAR MEETING SEPTEMBER 5, 1989 following projects: 1. CONCRETE REPAIRS 1988 PROJECT CONTRACTOR: Kankakee Valley Construction P.O. Box 1471 LaPorte, Indiana 46350 DECREASE: 11,216.11 NEW CONTRACT AMOUNT INCLUDING C.O.: $58,111.39 2. CLEVELAND AND BRICK INTERSECTION IMPROVEMENTS PROJEC CONTRACTOR: Rieth-Riley Construction Company 25200 S.R. 23 South Bend, Indiana 46614 INCREASE: $31,670.95 NEW CONTRACT AMOUNT INCLUDING C.O.: $247,434.70 Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, Change Order No. 1 (Final) and the Project Completion Affidavit for the Concrete Repairs 1988 Project was approved and the appropriate three-year Maintenance Bond, as submitted, was filed. Additionally, upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, Change Order No. 1 (Final) and the Project Completion Affidavit for the Cleveland and Brick Intersection Improvements Project was approved and the appropriate three-year Maintenance Bond, as submitted, was filed. T TO PURCHASE CITY -OWNED PROPERTY AT 717 In a letter to the Board, Mr. Jose R. Duran, 719 South Arnold Street, South Bend, Indiana, indicated his interest in the vacant City -owned property located at 717 South Arnold Street. Upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the request was referred to the various City departments and bureaus for review and a recommendation of whether the City need to retain this property for any purpose. APPROVE REQUEST OF DMB CORPORATION TO CLOSE SIDEWALKS AROUND 'rrih SOUTH BEND PUBLIC LIBRARY ON WAYNE AND MAIN STREETS IN CONJUNCTION WITH RENOVATION PROJECT In a letter to the Board, Mr. Doyle H. Baum, President, DMB Corporation, 215 South Main Street, P.O. Box 1701, Elkhart, Indiana, advised that as Construction Manager for the proposed addition and renovation of the South Bend Main Library, he is requesting permission to close the sidewalks around the library perimeter on Wayne and Main Streets. Mr. Baum noted that the sidewalk on Main Street from about Wayne Street to the Goodyear Store at Western Avenue will be closed from September 5, 1989 to the summer of 1991. The sidewalk along the library on Wayne Street will need to be closed from the summer of 1990 to the summer of 1991. Mr. Baum further noted that they will be moving an office trailer onto Main Street for the duration of this project and that the required Occupancy Bond has been ordered through their bonding company. Mr. Leszczynski noted that the City has been in contact with the Contractor on this expansion project and has been aware of the beginning of construction. Therefore, Mr. Leszczynski made a motion that the request to close the sidewalks, as outlined above, be approved subject to compliance with all code requirements. Mrs. DeClercq seconded the motion which carried. mom REGULAR MEETING UEST OF FOREST SIGN AND DISI AT C"PDLMLIT nT1=71tT]T.1"% SEPTEMBER 5, 1989 AWNING AT 215 SOUTH In a letter to the Board, Mr. Donald E. Jesswein, Forest Sign & Display, Inc., 2729 South Main Street, South Bend, Indiana, advised that on behalf of Edward D. Jones & Company, he would like to request approval to install one (1) 4'xl5' illuminated awning with a three foot (3') projection over the public right-of-way at 215 South Main Street. Mr. Jesswein submitted with his request a diagram, which includes dimensions, of the sign to be installed. Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the above request was referred to the appropriate City departments and bureaus for review and recommendation. APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the following three (3) traffic control devices were approved: 1. NEW INSTALLATION: LOCATION: 2. NEW INSTALLATION: LOCATION: REMARKS: 3. NEW INSTALLATION: LOCATION: 1 Hour Parking 6A - 6P 676 Lawndale Handicap - One (1) space 1222 N. Blaine Pursuant to request submitted to the Board on July 10, 1989, by Ms. Hazel Druley. 2 Hour Handicap Tow Zone 224 W. Jefferson (Trigon Building) APPROVE AND/OR RELEASE CONTRACTORS AND EXCAVATION BONDS Mr. Michael P. Meeks, Director, Division of Engineering, recommended that the following Contractor and Excavation Bonds be approved and/or released as indicated below: CONTRACTORS AT & T Communications, Inc. Approve Eff. 8/29/89 EXCAVATION Chuck & Sons Plumbing & Heating Release Eff. 7/6/90 AT & T Communications, Inc. Approve Eff. 8/29/89 Geyer Construction & Development Company Approve Eff. 8/29/89 Mr. Leszczynski made a motion that the recommendation of Mr. Meeks be accepted and the bonds be approved and/or released as indicated above. Mrs. DeClercq seconded the motion which carried. FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORT A report from the Department of Code Enforcement indicating a total of fifty-five (55) properties cleaned from August 21, 1989 to August 24, 1989, was submitted. Upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski and carried, the report as submitted was filed. APPROVE CLAIMS Mr. Juan Manigault, Executive Director, Employment & Training Services of St. Joseph County, formerly St. Joseph County Job Training Program, submitted a list containing ninety-three (93) claims and recommended approval. t i 269 REGULAR MEETING Additionally, Voucher Nos. 685-731 Voucher Nos. 529-566 for the Bureau 49-51 for the Bureau of Solid Waste SEPTEMBER 5, 1989 for the Bureau of Wastewater, of Sewers and Voucher Nos. were submitted for approval. Upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski and carried, the claims and vouchers were approved and the reports as submitted were filed. 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 9:53 a.m. ATT T: Sandra M. Parmerlee, Clerk 1 Patricia E. DeClercq i f K therine Hump refs