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HomeMy WebLinkAbout08/08/88 Board of Public Works Minutes' 2> REGULAR MEETING AUGUST 8, 1988 The regular meeting of the Board of Public Works was convened at 9:31 a.m. on Monday, August 8, 1988, by Board President John E. Leszczynski, with Mr. Leszczynski, Mrs. Patricia E. DeClercq and Ms. Katherine Humphreys present. Also present was Assistant City Attorney Marva Leonard -Dent. AGENDA ITEM ADDED Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, a request to use Special Olympics Park for sculpture displays was added to the agenda. . APPROVE MINUTES OF PREVIOUS MEETINGS 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 1, 1988 and the minutes of the Executive Session of the Board held on August 1, 1988, were approved. OPENING OF BIDS - CAR TY VEHICLES FOR THE CALENDAR YEAR BEGINNING AUGUST 22, 1988 AND ENDING JULY 31, 1989 AND FILING OF APPLICATION FOR BIDDER QUALIFICATION Mr. Leszczynski advised that this was the date set for the opening of bids for the above referred to service. 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 received and read: DONS GAS & CAR WASH, INC. 1836 South Michigan Street South Bend, Indiana Bid was signed by Sharon K. Zwierzynski, Co -Owner and Secretary, Non -Collusion Affidavit was in order and a Certified Check in the amount of $160.00 was submitted. BID: 3. Wet Wash only, 1-100 units per mo. - $.98 each 4. Wet Wash only, 100 or more units per mo. - $.98 each 5. Jeeps - $.98 each HI -SPEED AUTO WASH 609 East LaSalle South Bend, Indiana Bid was signed by Nate Cossman, President, Non -Collusion Affidavit was in order and a Certified Check in the amount of $1,250.00 was submitted. BID: 1. Full -Service Car Wash, 0-100 units per mo. - $4.25 each 2. Full Service Car Wash, 100 or more units per mo. - $4.00 each 3. Wet Wash only, 1-100 units per mo. - $2.50 each 4. Wet Wash only, 100 or more units per mo. - $2.25 each 5. Jeeps - $4.50 each 6. Motorcycles - $3.50 each Hi -Speed Auto Wash facilities are located at: - 609 East LaSalle - 2615 L.W.W., Mishawaka, IN - 2324 Edison Rd. (wet wash only) Upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the bids were referred to the Police Department for review and recommendation and the application for bidder qualification as submitted by Hi -Speed Auto Wash, Inc., 609 East LaSalle, South Bend, IN was accepted for filing and referred to the Affirmative Action Review Committee for review and recommendation. 1 1 7 233 REGULAR MEETING AUGUST 8. 1988 APPROVE APPLICATIONS FOR BIDDER QUALIFICATION Mr. Jimmy Scott, on behalf of the Affirmative Action Review Committee, advised that after a complete review, the Committee has found that the following companies have met the requirements of the South Bend Affirmative Action Ordinance: 1, Indiana Electric Corporation 2. Don's Gas & Car Wash, Inc. 3. Audio Experts International, Inc. Therefore, the Committee recommends that these companies be approved as qualified City bidders. Upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski and carried, the recommendation was accepted and the applications approved. AWARD PROPOSAL - SYSTEM FOR SOUND REINFORCEMENT FOR THE MORRIS CIVIC AUDITORIUM Mr. Leszczynski stated that Mr. Dale E. Balsbaugh, Director, Morris Civic Auditorium, has advised that the management of the Morris Civic Auditorium recommends that the low Proposal submitted by Audio Experts International, Inc., 407 East Center Road, Kokomo, Indiana, in the amount of $18,965.00 be accepted. Mr. Balsbaugh also noted that the Proposal submitted by Audio Experts International, Inc. contained the low estimate of forty (40) to forty-five (45) manhours to complete the installation of a sound reinforcement system at the Auditorium. Mr. Balsbaugh further recommended that the Proposal be accepted with these contingencies: (1) that Audio Experts International file the appropriate Affirmative Action forms and (2) Audio Experts agree to wait until additional appropriations have been secured to cover the costs prior to payment. Mr. Leszczynski noted that the application for Bidder quali- fication for Audio Experts has been received and approved. Therefore, upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the recommendation was accepted and the Proposal awarded contingent upon Audio Experts waiting until additional appropriations have been secured to cover the costs prior to payment. APPROVE PROJECT COMPLETION AFFIDAVIT - BENDIX INDUSTRIAL PARK SANITARY SEWER, PHASE I PROJECT Mr. Leszczynski advised that H. DeWulf Mechanical Contractor, Inc., 58600 Executive Drive, P.O. Box 986, Mishawaka, Indiana, has submitted a Project Completion Affidavit for the Bendix Industrial Park, Sanitary Sewer Phase I Project which entails the construction of approximately 420 lf. 8" PVC sanitary sewer in existing easement beginning at the end of an existing stub on the east side of Kenmore Street approximately one half the distance between Old Cleveland Road and McGill Street and then approx- imately 420 ft. easterly in the existing easement. The Project Completion Affidavit in the amount of $8,450.00 indicates that the work has been completed by H. DeWulf, Inc., for the Holladay Corporation. Also, submitted with the Project Completion Affidavit was the appropriate three (3) year Maintenance Bond. Therefore, upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the Project Completion Affidavit as submitted was approved and executed and the three (3) year Maintenance Bond accepted for filing as submitted. REQUEST OF NAPTOWN RIDERS TO CONDUCT BLOCK PARTY - SEPTEMBER 2-4. 1988 - REFERRED In a letter to the Board, Mr. Bobby Williams, President and Mr. Sonny Dillard, Vice -President, Naptown Riders, 301 Chapin Street, South Bend, Indiana, advised that the Naptown Riders would like REGULAR MEETING AUGUST 8, 1988 to hold their annual block party on Labor Day weekend from September 2-4, 1988. They requested that Napier Street, from Chapin to Pine, be closed for this event. Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the request was referred to the appropriate City departments and bureaus for review and recommendation. APPROVE REQUESTS TO ADVERTISE FOR THE RECEIPT OF BIDS: - NILES AVENUE PHASE III PROJECT - EISENHOWER - CORBY TO CROSBY IMPROVEMENTS PROJECT Mr. Michael P. Meeks, Director, Division of Engineering, requested that the Board advertise for the above referred to projects. He further advised that the Niles Avenue Phase III Project includes improvements to curb, sidewalks and treelawns on Niles Avenue. The Eisenhower - Corby to Crosby Improvements Project includes new curbs, paving and minor drainage appurtenances. Upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the requests were approved. APPROVE REQUEST OF CENTURY CENTER BOARD OF MANAGERS, ON BEHALF OF THE ART CENTER, TO PLACE SCULPTURE DISPLAYS ON SPECIAL OLYMPICS PARK Mr. Leszczynski advised that Mr. Brian R. Hedman, Executive Director, Century Center, 120 South Saint Joseph Street, South Bend, Indiana has advised that the Century Center Board of Managers desires for the Art Center to have access to Special Olympics Park (formerly Island Park) for the display of sculptures for the benefit of the public. Mr. Hedman further advised that the Art Center will coordinate these "showings" with Century Center management, and all costs associated with such displays such as placement, security and liability insurance will be the responsibility of the Art Center. Mrs. DeClercq made a motion that the request be approved and that the Board of Park Commissioners be advised of this approval. Mr. Leszczynski seconded the motion and it carried. 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. REMOVAL OF 30 MINUTE PARKING - Mishawaka & 29th. (Business Closed). 2. NEW INSTALLATION 30 MPH WATCH CHILDREN - 1100 Block Roberts. 3. NEW INSTALLATION, 4-WAY STOP SIGN - CEDAR & NOTRE DAME. (Re: June 6th Board of Public Works Request). Mr. Leszczynski advised that the above referred to Traffic Control Device relating to the new installation of a 4-way stop sign at the intersection of Cedar and Notre Dame is the result of a traffic study that was conducted at that location which revealed that the appropriate warrants have been met for the installation of the stop sign. submitted to the Board on July 25, 1988, has been reviewed Bureau of Traffic and Lighting, Police Department Traffic Division and the City Attorney's office and all recommend by the approval of the request. It was noted that the sponsor will be required to execute an Indemnification Agreement and that approximately forty (40) Civil Defense officers will be required 5 REGULAR MEETING AUGUST 8, 1988 to assist with this event. Therefore, upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski and carried, the recommendations were accepted and the request approved. FILING OF CERTIFICATE OF INSURANCE Upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the Certificate of Insurance for The Robert Henry Corporation, 404 South Frances Street, P.O. Box 1407, South Bend, Indiana, was accepted and filed. APPROVE AND/OR RELEASE CONTRACTORS AND EXCAVATION BONDS Mr. Leszczynski advised that Mr. Melvin Humphrey, Engineering Department, recommended that the following bonds be approved and/or released: CONTRACTOR'S BONDS - George L. Riege - John R. Dauss Released Eff. 8/8/88 Approved Eff. 8/4/88 EXCAVATION BOND Anderson Backhoe Service, Inc. Approved Eff. 8/2/88 Upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski and carried, the above bonds were approved and/or released as indicated. APPROVE CLAIMS Mr. Juan Manigault, Executive Director, St. Joseph County Job Training Program, submitted two (2) lists containing sixty-nine (69) claims and recommended approval. Additionally, Chief Deputy Controller John D. Leisenring, submitted Claim Docket No. 11667 through 11896 and Claim Docket No. 11899 through 12076 and recommended approval. Upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the claims were approved and the reports as submitted were filed. PRIVILEGE OF THE FLOOR: DISCUSSION REGARDING INSTALLATION OF ERSKINE PLAZA SIGN IN PUBLIC RIGHT-OF-WAY Ms. Susan A. Horn, Attorney at Law, Suite 307, First Interstate Bank Building, 112 West Jefferson Boulevard, South Bend, Indiana, was present and addressed the Board. Ms. Horn stated that she is the attorney representing Fitness USA Health Spas, Inc., and Dr. Joseph A. Gosztola who are adjacent property owners to High Street which intersects with Ireland Road. She further stated that she requested, by letter, to be placed on today's Board agenda so individuals in the area affected by the placement of a sign in the public right-of-way at High Street could speak regarding the placement of the sign advertising Erskine Plaza. Ms. Horn presented to the Board copies of Petitions containing over four hundred (400) signatures of patrons of the two (2) adjacent property owners and she informed the Board that the people signing the Petition did so as they saw an obstruction in the road and had difficulty in gaining access to the businesses. Ms. Horn also presented to the Board a copy of a letter which appeared in the Voice of the People section of the South Bend Tribune regarding this matter. At this point in Ms. Horn's comments, Mr. Leszczynski deferred to Board Attorney Marva Leonard -Dent who advised Ms. Horn that this type of presentation to the Board today is improper as there currently is litigation pending regarding this matter. Ms. Dent reminded Ms. Horn that she advised her in a telephone conversa REGULAR MEETING AUGUST 8, 1988 tion on August 4, 1988 that this matter would not be placed on the Board of Public Works agenda. Ms. Horn stated that she understood that even though the matter would not be placed on the Board agenda that she would still be allowed to discuss the matter at Privilege of the Floor. Ms. Dent reiterated that as this matter is before a court of law, it is improper to discuss it at this time. Ms. Dent indicated for those present that were unaware of the situation, that the City has been sued regarding the installation of the above referred to sign and it is therefore needless to talk to the Board at this time. Ms. Horn indicated that she does not believe it is improper as the Board can authorize the removal of the sign and it would be beneficial to listen to the comments by affected property owners. Ms. Dent advised Ms. Horn that as the attorney for the Board of Public Works she would advise them not to hear any comments made today. Ms. Dent further advised Ms. Horn that her disagreement to that advice will be noted for the record. In response to a question from the news media, Ms. Dent advised that this litigation is currently pending before Judge Montgomery in Circuit Court. 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 9:50 a.m. . Leszcz Patri is E. DeC7rcq l V IB , i KhTeY7ine I�iphreys ATTEST: Sandra M. Parmerlee, Clerk 1 1 1