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HomeMy WebLinkAbout09/25/89 Board of Public Works Minutes282 REGULAR MEETING SEPTEMBER 25, 1989 The regular meeting of the Board of Public Works was convened at 9:33 a.m. on Monday, September 25, 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. AGENDA ITEM ADDED Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, a Change Order for the Edison Road Improvements Project was added to the agenda. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Ms. Humphreys, seconded by Mrs. DeClercq, and carried, the minutes of the regular meeting of the Board held on September 18, 1989, were approved. PUBLIC HEARING AND FAVORABLE RECOMMENDATION - STREET VACATION: DEDICATED BUT UNIMPROVED STREET KNOWN AS NUTEK DRIVE It was noted that because the petitioner was not present at the Public Hearing originally scheduled for September 18, 1989, regarding this proposed vacation, the Public Hearing on this matter was continued until this date for the vacation of the following: A dedicated but unimproved street within the City of South Bend, Indiana, known as Nutek Drive It was further 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 Contact Person James A. Masters, Nemeth, Masters & Leone, 307 First Interstate Bank, 112 West Jefferson Boulevard, South Bend, Indiana, on behalf of the following Petitioners: 1. James P. Conboy, Jr. Suite 505 224 West Jefferson Blvd. South Bend, Indiana 2. David L. Mathews 205 West Jefferson Blvd. South Bend, Indiana 3. James A. Masters, as Trustee under a Trust Agreement dated July 15, 1988 known as Trust No. 71588 (James P. Conboy, Jr. and David L. Matthews, beneficial owners) Mr. James A. Masters, Nemeth, Masters & Leone, 307 First Interstate Bank, 112 West Jefferson Blvd., South Bend, Indiana was present on behalf of the Petitioners and advised the Board that he is a Trustee under a Trust Agreement with James P. Conboy, Jr. and David L. Matthews, and has no personal interest in this property. Mr. Masters informed the Board that Nutek Drive was never paved and is not being used as a public street. He indicated that the purpose of the vacation is to clear title to the real estate to be platted as Lot 8, Landmark Business Park section Six, Part One, by eliminating the dedicated right-of-way for Nutek Drive. Nutek Drive was dedicated in the preliminary plat of Landmark Business Park but has never been improved and is not needed for the growth or orderly development of Landmark Business Park or to provided access to abutting real estate. Therefore Mr. Masters 283 REGULAR MEETING SEPTEMBER 25, 1989 requested at this time that the street be vacated in conjunction with the development of a factory outlet mall at that location and requested the Board's favorable recommendation on this vacation. There being no one else present wishing to speak either for or against the proposed street vacation, and no written objections having been filed with the Board, upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the Public Hearing on this matter was closed. Therefore, upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the Clerk was instructed to forward to the Common Council a favorable recommendation on the above referred to street vacation subject to any and all utility easements. OPENING AND AWARD OF BIDS - SALE OF ABANDONED VEHICLES This was the date set for receiving and opening of sealed bids for the sale of approximately twenty-eight (28) abandoned vehicles which have been stored at Super Auto Salvage Corporation, 3300 South Main Street, South Bend, Indiana. The Clerk tendered proofs of publication of Notice in the South Bend Tribune and the Tri-County News which were found to be sufficient. The following bids were opened and publicly read: K AUTO SALVAGE WALTER KOWALSKI 56670 Sonora South Bend, Indiana 46619 VEHICLE NO. TAG NO. AMOUNT BID 1. 10944 $ 47.00 2. 10963 $102.00 4. 11058 $ 53.00 6. 11124 $ 51.00 8. 11143 $ 61.00 9. 11186 $ 51.00 10. 11204 $ 61.00 12. 11222 $ 56.00 14. 11351 $ 41.00 16. 11781 $ 82.00 21. 11891 $ 53.00 22. 11913 $ 62.00 23. 12040 $ 71.00 27. 12121 $ 62.00 28. 12123 $ 57.00 SUPER AUTO SALVAGE CORPORATION MR. PAUL E. SCHULTZ 3300 South Main Street South Bend, Indiana 46680 VEHICLE NO. TAG NO. AMOUNT BID 1. 10944 $29.75 2. 10963 $66.78 3. 11017 $27.36 4. 11058 $29.65 5. 1119 $26.29 6. 11124 $42.79 7. 11139 $27.56 8. 11143 $29.13 9. 11186 $32.79 REGULAR MEETING SEPTEMBER 25, 1989 10. 11204 $63.78 11. 11210 $29.75 12. 11222 $23.75 13. 11338 $41.79 14. 11351 $23.79 15. 11359 $29.75 16. 11781 $63.75 17. 11834 $27.89 18. 11860 $32.79 19. 11866 $23.75 20. 11876 $33.75 21. 11891 $27.86 22. 11913 $49.25 23. 12040 $36.75 24. 12041 $29.76 25. 12064 $23.72 26. 12086 $76.83 27. 12121 $32.76 28. 12123 $31.55 RUBIN'S AUTO PARTS, INC. MR. HOWARD W. RUBIN 23921 Western Avenue South Bend, Indiana 46619 VEHICLE NO. TAG NO. AMOUNT BID 2. 10963 $65.65 16. 11781 $65.65 STEVE & GENE'S AUTO SALVAGE MR. GENE HANCZ 3109 Gertrude Street South Bend, Indiana VEHICLE NO. TAG NO. AMOUNT BID 1. 10944 $41.75 2. 10963 $65.00 3. 11017 $41.75 4. 11058 $41.75 5. 1119 $21.75 6. 11124 $37.75 7. 11139 $27.75 8. 11143 $41.75 9. 11186 $41.75 10. 11204 $27.75 11. 11210 $27.75 12. 11222 $37.75 13. 11338 $28.75 14. 11351 $29.75 15. 11359 $27.75 16. 11781 $41.75 17. 11834 $37.75 18. 11860 $28.75 19. 11866 $21.75 20. 11876 $21.75 21. 11891 $29.75 22. 11913 $38.75 23. 12040 $41.75 24. 12041 $38.75 25. 12064 $21.75 26. 12086 $38.75 27. 12121 $41.75 28. 12123 $41.75 I- I 1 REGULAR MEETING SEPTEMBER 25, 1989 285 1 MR. WILLIAM R. RUTT, JR. 746 South Lake Street South Bend, Indiana 46619 VEHICLE NO. TAG NO. AMOUNT BID 1. 10944 $ 5.00 2. 10963 $35.00 3. 11017 $ 3.00 4. 11058 $15.00 5. 1119 $ 1.00 6. 11124 $10.00 7. 11139 $10.00 8. 11143 $15.00 9. 11186 $15.00 10. 11204 $ 5.00 11. 11210 $10.00 12. 11222 $15.00 13. 11338 $ 2.00 14. 11351 $10.00 15. 11359 $ 3.00 16. 11781 $26.00 17. 11834 $60.00 18. 11860 $ 5.00 19. 11866 $15.00 20. 11876 $ 3.00 22. 11913 $45.00 24. 12041 $35.00 25. 12064 $ 5.00 26. 12086 $ 5.00 27. 12121 $10.00 28. 12123 $10.00 MR. CHARLES E. TESKE 54830 Pear Road South Bend, Indiana VEHICLE NO. TAG NO. AMOUNT BID 2. 10963 $187.78 6. 11124 $ 53.00 10. 11204 $ 40.80 16. 11781 $219.88 22. 11913 $ 36.00 MS. CINDY STREMME 25267 S.R. 2 South Bend, Indiana VEHICLE NO. TAG NO. AMOUNT BID 2. 10963 $95.00 MR. MARTIN OLTMAN 920 Fairway Street South Bend, Indiana 46619 VEHICLE NO. TAG NO. AMOUNT BID 27. 12121 $82.50 28. 12123 $31.55 f 0 0 REGULAR MEETING SEPTEMBER 25, 1989 Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the above bids were referred to the Department of Code Enforcement for immediate review and recommendation in order that an award could be made prior to adjournment of the meeting. Following that review, upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the following bids were awarded: MR. CHARLES E. TESKE 54830 Pear Road South Bend, Indiana VEHICLE NO. TAG NO. 2. 10963 6. 11124 16. 11781 MR. WILLIAM R. RUTT, JR. 746 South Lake Street South Bend, Indiana 46619 VEHICLE NO. TAG NO. 17. 11834 AMOUNT BID $187.78 $ 53.00 $219.88 TOTAL: $460.66 TOTAL: SUPER AUTO SALVAGE CORPORATION MR. PAUL E. SCHULTZ 3300 South Main Street South Bend, Indiana 46680 VEHICLE NO. AMOUNT BID $60.00 $60.00 TAG NO. AMOUNT BID 5. 1119 $ 26.29 10. 11204 $ 63.78 11. 11210 $ 29.75 13. 11338 $ 41.79 15. 11359 $ 29.75 18. 11860 $ 32.79 19. 11866 $ 23.75 20. 11876 $ 33.75 25. 12064 $ 23.72 26. 12086 $ 76.83 TOTAL $382.20 K AUTO SALVAGE WALTER KOWALSKI 56670 Sonora South Bend, Indiana 46619 VEHICLE NO. TAG NO. AMOUNT BID 1. 10944 $47.00 4. 11058 $53.00 8. 11143 $61.00 9. 11186 $51.00 12. 11222 $56.00 14. 11351 $41.00 1-1 1 287 REGULAR MEETING SEPTEMBER 25, 1989 21. 11891 $ 53.00 22• 11913 $ 62.00 23. 12040 $ 71.00 28. 12123 $ 57.00 TOTAL $552.00 MR. MARTIN OLTMAN " 920 Fairway Street South Bend, Indiana 46619 VEHICLE NO. TAG NO. AMOUNT BID 27. 12121 $82.50 TOTAL $82.50 STEVE & GENE'S AUTO SALVAGE MR. GENE HANCZ 3109 Gertrude Street South Bend, Indiana VEHICLE NO. TAG NO. AMOUNT BID 3. 11017 $ 41.75 7. 11139 $ 27.75 24. TOTAL $108.25 GRAND TOTAL $1,645.61 ADOPT RESOLUTION NO. 37-1989 - AUTHORIZING THE EXHIBIT OF ONE (1) STUDEBAKER PACKARD & AUTHORIZING THE STUDEBAKER NATIONAL MUSEUM TO EXECUTIVE AGREEMENT PROVIDING FOR THE SAME Mr. Ron Radecki, Acting Director, Studebaker National Museum, was present and advised the Board that a Predictor Prototype 1956 manufactured by the Studebaker Packard Corporation, owned by the Museum, is a one of a kind automobile and that B.A.T. (SUISSE) S.A., of Geneva, Switzerland has requested permission to exhibit and or use this vehicle in commercial advertisements for a period of twelve (12) months. Mr. Radecki noted that the annual upkeep for this vehicle is approximately $5,000.00 per year and that B.A.T. (SUISSE) will compensate the museum $11,000.00 in consideration for the loan of the vehicle and this $11,000.00 will be placed in the fund for future restoration of the vehicle. Therefore, Mrs. DeClercq made a motion that the Resolution as submitted in regards to the above referred to vehicle be adopted. Ms. Humphreys seconded the motion which carried and the following Resolution No. 37-1989 was adopted: _- RESOLUTION NO. 37-1989 A RESOLUTION OF THE BOARD OF PUBLIC WORKS FOR THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE EXHIBIT OF ONE (1) STUDEBAKER PACKARD CORPORATION PREDICTOR PROTOTYPE 1956 BY B.A.T. (SUISSE) S.A. AND AUTHORIZING THE STUDEBAKER NATIONAL MUSEUM, INC. TO EXECUTE AN AGREEMENT PROVIDING FOR THE SAME • �s REGULAR MEETING SEPTEMBER 25, 1989 WHEREAS, the City of South Bend (hereinafter, the "City") is the owner of a collection of Studebaker automobiles, including one (1) Predictor Prototype 1956 manufactured by the Studebaker Packard Corporation (hereinafter, the "1956 Predictor"); and WHEREAS, the City is a party to a Management Agreement with the Studebaker National Museum, Inc., a not -for -profit corporation established under and operating pursuant to the laws of the State of Indiana, under the terms of which Agreement the City has retained the services of the Studebaker National Museum, Inc. (hereinafter, the "Museum") to house, preserve, display and restore the Studebaker collection; and WHEREAS, the Museum has been approached by B.A.T. (Suisse) S.A., Geneva, Switzerland (hereinafter, "BAT(S)") about loaning to BAT(S), for a period of twelve (12) months, one (1) automobile from the Studebaker collection, specifically, the 1956 Predictor, so that the same may be exhibited and/or used in commercial advertisements; and WHEREAS, the Museum and BAT(S) have come to an understanding as to the terms of an Agreement for the loan of the 1956 Predictor, which terms are memorialized in the Agreement attached hereto, marked as Exhibit "A," which terms include a provision under which BAT(S) will compensate the Museum in the amount of Eleven Thousand U.S. Dollars ($11,000.00) in consideration for the loan of the 1956 Predictor; and WHEREAS, the express authority of the Museum under said Management Agreement does not extend to disposition of any part of -the Studebaker collection, by loan or otherwise, to any individual or entity, that authority remaining with the Board of Public Works of the City of South Bend, Indiana. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, AS FOLLOWS: 1. That the Studebaker National Museum, Inc. shall be and hereby is authorized to execute as representative of the Board of Public Works of the City of South Bend, on behalf of the City, an Agreement with the BAT (Suisse), S.A., Geneva, Switzerland, for the loan one (1) automobile from its Studebaker collection, specifically, one (1) Predictor 1956 Prototype manufactured by the Studebaker Packard Corporation, a true and complete copy of which Agreement is attached hereto as Exhibit "A." 2. That the Studebaker National Museum, Inc. shall be and hereby is required to expend the Eleven Thousand Dollars ($11,000.00) paid it under said Agreement on the repair and upgrade of the 1956 Predictor. 3. That this Resolution shall become effective upon its adoption by the Board. Adopted this 25th day of September, 1989. ATTEST: s/Sandra M. Parmerlee, Clerk BOARD OF PUBLIC WORKS CITY OF SOUTH BEND, INDIANA s/John E. Leszczynski, President s/Patricia E. DeClercq, Member s/Katherine Humphreys, Member REGULAR MEETING SEPTEMBER 25 1989 289 ADOPT RESOLUTION NO. 38-1989 - DISPOSAL OF SERVICE REVOLVER - POLICE DEPARTMENT Mr. Leszczynski stated that Police Chief Ronald G. Marciniak has advised that Sergeant Thomas C. Kazmierczak has retired, in good standing, from the South Bend Police Department, effective September 29, 1989 after twenty-seven and one-half (27 1/2) years on the Department. In keeping with Section 2-124 of the South Bend Municipal Code it is requested that'the Board declare Sergeant Kazmierczak's service revolver as surplus property no longer useful to the City. Chief Marciniak noted that this declaration by the Board will authorize the presentation of the firearm to Sergeant Kazmierczak as a tribute for his service to the City. Therefore, Ms. Humphreys made a motion that the Resolution as submitted be adopted. Mrs. DeClercq seconded the motion and the following Resolution No. 38-1989 was adopted: RESOLUTION NO. 38-1989 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, Sergeant Thomas C. Kazmierczak has retired from the South Bend Police Department after twenty-seven and one-half (272) 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. 252K291 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 25th day of September, 1989, BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND s/John E. Leszczynski s/Patricia E. DeClercq s/Katherine Humphreys ATTEST: s/Sandra M. Parmerlee, Clerk 290 REGULAR MEETING SEPTEMBER 25, 1989 APPROVE GRANTS OF PERPETUAL EASEMENT - I/N TEK & INLAND STEEL COMPANY Mr. Leszczynski advised that submitted to the Board today were Grants of Perpetual Easements between I/N Tek, as Grantor, and the City, as Grantee, and Inland Steel Company, as Grantor, and the City, as Grantee, providing Easements for an existing sewer line. Therefore, Mrs. DeClercq made a motion that the Easements be approved and executed. Mr. Leszczynski seconded the motion which carried. APPROVE CHANGE ORDER NO. 8 - EDISON ROAD IMPROVEMENTS PROJECT Mr. Leszczynski advised that Rieth-Riley Construction has submitted Change Order No. 8 for the above referred to Project indicating an increase of $900.00 for installation of additional loop detectors needed to properly operate pulse loops at the intersection of Hickory and Edison. The Change Order indicated that not enough hardware was included in the original estimate to do the job and therefore this Change Order is required. Upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the Change Order as submitted was approved and executed. APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the following three (3) traffic control devices were approved: 1. NEW INSTALLATION: LOCATION: REMARKS: 2. NEW INSTALLATION: LOCATION: REMARKS: 3. NEW INSTALLATION: LOCATION: REMARKS: APPROVE AND Mr. Michael recommended be approved HANDICAP - One (1) Space 312 Hamden Court Pursuant to request submitted to the Board on August 7, 1989 by Ms. Mary Turner HANDICAP ZONE Bertrand & Bendix - Bendix Corp. 1st 25' space on Bertrand South side of Street HANDICAP ZONE 401 North Bendix Bendix Corporation RELEASE CONTRACTORS AND EXCAVATION BONDS P. Meeks, Director, that the following and/or released as Division of Engineering, Contractor's and Excavation Bonds indicated: EXCAVATION BOND Dick Helfman Plumbing & Heating, Inc. Approved Eff. 9/21/89 Heritage Cablevision Associates Approved Eff. 9/25/89 CONTRACTOR'S BOND Dev-Con, Inc. of Mishawaka, IN Released Eff. 9/19/89 Upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski and carried, the recommendation was accepted and the above bonds approved and/or released as indicated above. FILING OF CERTIFICATE OF INSURANCE Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the Certificate of Insurance for Con-Nel Electric, Inc., P.O. Box 4302, Elkhart, Indiana, was accepted and filed. REGULAR MEETING SEPTEMBER 25, 1989 291 II 1 FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORT A report from the Department of Code Enforcement indicating a total of fifty-two (52) properties cleaned from September 11, 1989 to September 14, 1989, was submitted. Upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the report as submitted was filed. APPROVE CLAIMS Chief Deputy Controller John D. Leisenring submitted Claim Docket No. 14344 through Claim Docket No. 14650 and recommended approval. Additionally, the Department of Sanitation submitted a list containing Voucher Nos. 567-582 and 52-55 and recommended approval. Upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys 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 10:00 a.m. ATTEST: Sandra M. Parmerlee, Clerk ghn E. "-— Leszc s i Patricia E. DeClercq heri6d—fumphreys