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HomeMy WebLinkAbout07/28/87 Board of Public Works MinutesREGULAR MEETING JULY 28, 1987 The regular meeting of the Board of Public Works was convened at 9:36 a.m. on Tuesday, July 28, 1987, by President John E. Leszczynski, with Mr. Leszczynski, Mrs. Patricia E. DeClercq and Mr. Michael L. Vance present. Also present was Chief Deputy City Attorney Thomas Bodnar. AGENDA ITEMS ADDED AND ITEM STRICKEN Upon a motion made by Mr. Vance, seconded by Mr. Leszczynski and carried, the following items were added and stricken from the agenda:, ADDED: 1. Community Development Addendum I - Human Rights Commission. 2. Opening of Quotations - Concrete Improvements/ Business Communication Center. STRICKEN 1. Deed - 1617 South Arnold Street. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mrs. DeClercq, seconded by Mr. Vance, and carried, the minutes of the July 21, 1987, regular meeting of the Board were approved. OPENING OF BIDS - GASOLINE AND FUEL OIL This was the date set for receiving and opening of sealed bids for 100% of the City's needs for gasoline and fuel oil as follows: #1 350,000 gallons (more or less) regular gasoline (approximately 300,000 gallons to one location in bulk transport, balance by tank truck delivery). #2 650,000 gallons unleaded gasoline. #3 260,000 gallons Diesel Fuel #1 and Diesel Fuel #2 (approximately 50% for heating purposes and 50% for Diesel Fuel). #4 200,000 gallons No. 4 Fuel Oil #5 Up to 100,000 gallons gasohol The Clerk tendered proofs of publication of Notice in the South Bend Tribune and the Tri-County News which were found to be sufficient. It was initially determined that the bid submitted by Smith Petroleum, Inc., Box 5034, Fort Wayne, Indiana, did not contain adequate bid security. Therefore, Mr. Vance made a motion that the bid be rejected because of insufficient bid security. Mrs. DeClercq seconded the motion and it carried. After reconsidera- tion of the bid, it was determined that because alternates were submitted, the bid security submitted was adequate. Therefore, upon a motion made by Mr. Vance, seconded by Mrs. DeClercq and carried, the prior rejection of the bid was rescinded and the bid was read. Therefore, the following bids were opened and publicly read: 0- REGULAR MEETING JULY 28, 1987 SMITH PETROLEUM, INC. Box 5034 Fort Wayne, Indiana 46805 Bid was signed by Lonnie Wilson, General Manager and Robert J. Thornhill, President, Non -Collusion Affidavit was in order and a Bid Bond in the amount of $91,250.00 was submitted. BID: 350,000 Gallons More or Less, Regular Gasoline - Truck Transport Delivery $.6262/gal. _ $219,170.00 (Minimum delivery 5,000 gallons) SUPPLIER: Sun Refing 650,000 Gallons More or Less, Unleaded Gasoline - Truck Transport Delivery $.6163/gal. _ $400,595.00 (Minimum delivery 5,000 gallons) SUPPLIER: Sun Refining 260,000 Gallons More or Less, #2 Diesel Fuel - Truck Transport Delivery $.5749/gal. _ $149,474.00 (Minimum delivery 4,500 gallons) SUPPLIER: Koch Refining 260,000 Gallons More or Less, #1 Diesel Fuel Truck Transport Delivery $.5989/gal. _ $155,714.00 (Minimum delivery 4,500 gallons) SUPPLIER: Marathon Petroleum 200,000 Gallons More or Less, #4 Fuel Oil - No Bid 100,000 Gallons More or Less, Gasohol Truck Transport Delivery $.6701/gal. _ $ 67,010.00 (Minimum delivery 5,000 gallons) SUPPLIER: Alcohol - Koch Refining 1.155 No -Lead - Sun Refining .6163 Regular - Sun Refining .6262 Gasoline State Tax (1,000,000 gallons) $.14/gal. _ $140,000.00 Diesel Fuel State Tax (260,000 gallons) $.15/gal. _ $ 39,000.00 TERMS: Net 20 24 Hour Notice for Delivery PRICES EFFECTIVE 7/21/87 ESCALATION CLAUSE: Smith Petroleum, Inc. reserves the right to increase or decrease the contract unit price in an amount equal to any increase or decrease instituted by our supplier. Copies of price adjustments will be furnished to verify price changes for the length of the contract. PETROLEUM TRADERS CORPORATION 1122 Thomas Road Fort Wayne, Indiana Bid was signed by Evonne Valentic, Contract Sales and Michael Himes, President, Non -Collusion Affidavit was in order and a 10% Bid Bond was submitted. BID: 300,000 gal., Regular Gasoline, delivered in transport quantities of approximately 8,000 gallons per delivery, SUNOCO * $.6223/gal. _ $186,690.00 LI 1 1 "21 REGULAR MEETING JULY 28, 1987 PETROLEUM TRADERS CORP. (Continued) - 650,000 gal., Unleaded Gasoline, delivered in transport quantities of approximately 8,000 gallons per delivery, MARTIN** $.6074/gal. _ $394,810.00 260,000 gal., Diesel Fuel, delivered in transport quantities of approximately 7,000 gallons per delivery, 65,000 #1 Diesel Fuel MARATHON** $.5988/gal. _ $ 38,922.00 65,000 #2 Diesel Fuel LAKETON** $.5539/gal. _ $ 36,003.50 130,000 #2 Heating Fuel LAKETON** $.5539/gal. _ $ 72,007.00 200,000 gal., #4 Fuel Oil No Bid 100,000 gal., Gasohol No Bid Prices subject to change, per escalator. ALTERNATE BID 300,000 gal., Regular Leaded Gasoline, SUNOCO** $.694/gal. _ $208,200.00 650,000 gal., Unleaded Gasoline, MARTIN** $.694/gal. _ $451,100.00 260,000 gal., Diesel Fuel, 65,000 #1 Diesel Fuel, MARATHON** $.699/gal. _ $ 45,435.00 65,000 #2 Diesel Fuel, LAKETON** $.679/gal. _ $ 44,135.00 130,000 #2 Heating Fuel, LAKETON** $.679/gal. _ $ 88,270.00 Prices are firm for period of contract, 1 year Supplemental Information: Prices above exclude all taxes. An an Indiana city, applicable taxes would be: Gas/State .14 + .0008 Inspection. #2 Diesel/State .15 #1 Diesel/State .15 + .0008 Inspection. To safeguard supply, Petroleum Traders reserves the right to provide fuels from other major brand suppliers which will meet or exceed the specifications as outlined in bid information. Payment Terms: Net 15 Preferred BERRETH OIL, INC. 1301 West 6th Street P.O. Box 610 Mishawaka, Indiana Bid was signed by Dennis Berreth, Vice -President, Non -Collusion Affidavit was in order and Bid Bonds in the amounts of $90,000.00 for the gasoline bid and $25,000.00 for the diesel fuel bid were submitted. BID: *TRANSPORT Regular Gasoline $.620/gal. all locations *TANKWAGON Regular Gasoline $.660/gal. all locations *TRANSPORT Unleaded Gasoline $.605/gal. all locations *TANKWAGON Unleaded Gasoline $.645/gal. all locations 222 REGULAR MEETING JULY 28, 1987 BERRETH OIL (Continued) - *TRANSPORT Diesel Fuel #2 $.564/gal. all locations *TANKWAGON Diesel Fuel #2 $.604/gal. all locations *TRANSPORT Diesel Fuel #1 $.604/gal. all locations *TANKWAGON Diesel Fuel #1 $.644/gal. all locations *PLUS ALL APPLICABLE TAXES No inspection fees charged #4 Fuel Oil No Bid Gasohol No Bid Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the bids received were referred to the appropriate City departments and bureaus for review and recommendation. OPENING AND AWARD OF BID - SALE OF CITY -OWNED PROPERTY: 304 SOUTH TAYLOR STREET 1034 EAST CEDAR STREET Mr. Leszczynski advised that this was the date set for the receiving and opening of sealed bids for the sale of the above referred to City -owned property. 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: 304 SOUTH TAYLOR STREET Mr. Leszczynski advised that one bid has been received from Mr. David C. Dorsett, 520 West Wayne Street, P.O. Box 11112, South Bend, Indiana, in the amount of $365.00. It was noted that the property has an appraisal value of $200.00 Upon a motion made by Mr. Vance, seconded by Mrs. DeClercq and carried, the offer of $365.00 was accepted and the matter referred to the City Attorney's office for the drafting of the appropriate Purchase Agreement. 1034 EAST CEDAR STREET Mr. Leszczynski advised that no bids were received for the purchase of this property. OPENING OF QUOTATIONS - LANDSCAPING AROUND SALVATION ARMY THRIFT SHOP (C STREETS) This was the date set for receiving quotations for concrete improvements Salvation Army located on Monroe and The following quotations were opened AND CONCRETE IMPROVEMENTS ORNER OF MONROE AND MAIN and opening of sealed and landscaping at the Main Streets in South Bend. and publicly read: NORTHERN INDIANA CONSTRUCTION CO. INC. P.O. Box 1333 Mishawaka, Indiana 46544 Quotation was submitted by David Walorski, President. QUOTATION: CONCRETE WORK - $9,309.00 �23 REGULAR MEETING JULY 28, 1987 R.A. LANGE CONSTRUCTION CO., INC. 113 West Fairview Street South Bend, Indiana 46614 Quotation was submitted by R.A. Lange, President. QUOTATION: CONCRETE WORK - $5,589.35 L.L. GEANS & SONS, INC. 1721 North Home Street Mishawaka, Indiana 46545 Quotation was submitted by Mike Glenn, Project Manager/ Estimator. QUOTATION: CONCRETE WORK - $5,992.14 COUNTRY GARDEN 62971 U.S. 31 South South Bend, Indiana Quotation was signed by Mike Nickison. QUOTATION: LANDSCAPING - $7,270.00 HUNZIKERS, INC. 2344 Yankee Street P.O. Box 397 Niles, Michigan Quotation was submitted by Jerry A. Hunziker, President. QUOTATION: LANDSCAPING - $5,200.00 Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the quotations received were referred to the Engineering Department for review and recommendation. OPENING OF QUOTATIONS - CONCRETE IMPROVEMENTS/BUSINESS COMMUNICATIONS CENTER Mr. Leszczynski advised that this was the date set for receiving and opening of sealed quotations for concrete improvements at the Business Communication Center located at the southwest corner of Michigan Street and Western Avenue. The following quotations were opened and read: R.A. LANGE CONSTRUCTION CO., INC. 113 West Fairview Street South Bend, Indiana 46614 Quotation was submitted by R.A. Lange, President. QUOTATION: $11,725.95 NORTHERN INDIANA CONSTRUCTION CO., INC. P.O. Box 1333 Mishawaka, Indiana Quotation was submitted by David J. Walorski, President. QUOTATION: $15,910.25 L.L. GEANS & SONS, INC. 1721 North Home Street Mishawaka, Indiana 46545 Quotation was submitted by Mike Glenn, Project Manager/ Estimator. QUOTATION: $13,222.92 REGULAR MEETING JULY 28, 1987 Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the above quotations were referred to the Engineering Department for review and recommendation. APPROVE COMMUNITY DEVELOPMENT ADDENDA The following Community Development Addenda were presented to the Board for approval: ADDENDUM II CENTER CITY ASSOCIATES, INC. SBCDA COMMERCIAL REVOLVING LOAN FUND Addendum II indicates a change in cost categories to allow Center City Associates to acquire and rehabilitate property in its own name. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the above referred to Addendum II was approved and executed. ADDENDUM I DEPARTMENT OF ECONOMIC DEVELOPMENT REDEVELOPMENT ADMINISTRATION Addendum I adds $10,078.00 to the Redevelopment Administration Activity budget for 1987. Upon a motion made by Mrs. DeClercq, seconded by Mr. Vance and carried, the above referred to Addendum was approved and executed. ADDENDUM I SOUTH BEND HUMAN RIGHTS COMMISSION HUMAN RIGHTS STAFF ATTORNEY ACTIVITY Ms. Betsy Harriman, Department of Community Development, advised that Addendum I adds three (3) additional items under "Program Guidelines" relating to the staff attorney activity as follows: - Report to the office on a daily basis to determine staff needs. - Notify Director if not reporting to the office. - Submit monthly case activity reports. Ms. Harriman further advised that there is no change in the budget of this activity. Therefore, upon a motion made by Mr. Vance, seconded by Mrs. DeClercq and carried, Addendum I as outlined above was approved and executed. ADOPTION OF RESOLUTION NO. 19-1987 - DISPOSAL OF OBSOLETE VEHICLE - FIRE DEPARTMENT Mr. Leszczynski advised that Fire Chief Luther Taylor has requested that a 1980 Chevy C-30 Silverado Ambulance be declared obsolete as it is the Department's intent to use this ambulance as a trade-in toward the purchase price of a new ambulance. Therefore, upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski and carried, the following Resolution No. 19-1987 was adopted: RESOLUTION NO. 19-1987 WHEREAS, it has been determined by the Board of Public Works that the following Fire Department vehicle is no longer suitable for the purpose for which it was intended and no longer needed by the City of South Bend: 1980 Chevrolet Ambulance, Serial No. CCS339V174010 REGULAR MEETING JULY 28. 1987 WHEREAS, Indiana Code 36-1-11-6 permits and establishes procedure for disposal of personal property which is unfit for the purpose for which it was intended which is no longer needed by the City. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that the equipment listed above is not fit for the purpose for which it was intended and is of minimal value. BE IT FURTHER RESOLVED that said equipment be disposed of and removed from the City Inventory. ADOPTED this 28th day of July, 1987. BOARD OF PUBLIC WORKS s/John E. Leszczynski s/Patricia E. DeClercq s/Michael L. Vance ATTEST: s/Sandra M. Parmerlee, Clerk ADOPTION OF RESOLUTION NO. 20-1987 - AUTHORIZATION TO PETITION - RE: EXTENSION OF INDIANA AVENUE Board Attorney Thomas Bodnar advised that Resolution No. 20-1987 is being submitted to the Board for approval today due to the fact that the City will be crossing railroad tracks as a result of the extension of Indiana Avenue and the City must Petition the Department of Transportation to cross the tracks. Therefore, upon a motion made by Mrs. DeClercq, seconded by Mr. Vance and carried, the following Resolution No. 20-1987 was adopted: RESOLUTION NO. 20-1987 A RESOLUTION OF THE BOARD OF PUBLIC WORKS TO PETITION THE INDIANA DEPARTMENT OF TRANSPORTATION CONCERNING THE EXTENSION OF INDIANA AVENUE IN THE CITY OF SOUTH BEND, INDIANA WHEREAS, the City of South Bend wishes to facilitate the development of the area known as the Rum Village Industrial Park and streets and roads providing for public traffic are a necessary component of industrial and commercial growth and development; and WHEREAS, this Board has taken steps to achieve said end by adoption of Resolution No. 3-1987 to acquire certain properties, which properties are now or have already been acquired; and WHEREAS, the extension of Indiana Avenue past its inter- section with Olive Street will cross railroad tracks owned by the Norfolk -Southern Corporation; and WHEREAS, the Indiana Department of Transportation has jurisdiction over all railroad crossings according to I.C. 8-6-1-7. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that the City of South Bend proceed to petition the Indiana Department of Transportation to allow the extension of Indiana Avenue over the railroad tracks owned by the Norfolk -Southern Corporation near the intersection of Indiana Avenue and Olive Street in the City of South Bend, Indiana. REGULAR MEETING JULY 28, 1987 Adopted at the Regular Meeting of the Board of Public Works of the City of South Bend, Indiana, held on July 28, 1987, on the 13th Floor of the County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana, 46601. BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA s/John E. Leszczynski, President s/Michael L. Vance s/Patricia E. DeClercq ATTEST: s/Sandra M. Parmerlee, Clerk AWARD BID - INDIANA AVENUE/MASTIC CORPORATION PROJECT In a letter to the Board, Mr. Michael P. Meeks, Director, Division of Engineering, recommended that the Board award the low bid of Rieth-Riley Construction Company, Inc., P.O. Box 1775, South Bend, Indiana, in the amount of $143,992.00 for the above referred to Project. Mr. Leszczynski advised that bids for this project were opened by the Board on July 21, 1987. Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the recommendation was accepted and the bid awarded. APPROVE CONTRACTS FOR ELECTRICAL SERVICES - STANLEY COVELESKI REGIONAL BASEBALL STADIUM Mr. Leszczynski submitted to the Board for approval tariff agreements with Indiana and Michigan Electric Company to provide electrical service to the Stanley Coveleski Regional Baseball Stadium. It was noted that I&M has submitted two (2) contracts, one for the parking lot lights and one for the stadium lights. Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the Contracts as submitted were approved and executed. UCTION CONTRACT - INSTALLATION OF TRAFFIC SIGNALS - 0Ut_TP,A/r1,ir1,n-DnnV_LA Vr%_LV , rZUJrl,1 Mr. Leszczynski advised that in accordance with the bid awarded on July 14, 1987 to Trans Tech Electric, Inc., 4601 Cleveland Road, South Bend, Indiana, in the amount of $46,646.00 for the above referred to project, a Contract in said amount was being submitted for Board approval. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the Contract was approved and the appropriate Insurance, Performance Bond and Labor and Materials Payment Bond as submitted were filed. - LOCAL PUBLIC AGENCY AGREEMENT/CONSTRUCTION AND PROJECT MANAGEMENT FOR FEDERAL AID PROJECTS - LOGAN STREET FROM GTW RR TO MC KINLEY Mr. Leszczynski advised that Mr. R.E. Wheeler, Area Engineer, Division of Local Assistance, Indiana Department of Highways, 100 North Senate Avenue, Indianapolis, Indiana, has submitted to the City for approval the above referred to Agreement for the project which entails the reconstruction of Logan Street from the Grand Trunk Western railroad to McKinley (U.S. 20). Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the Agreement as submitted was approved and executed. APPROVE SALE OF CITY -OWNED PROPERTY AT BOWEN STREET Mr. Leszczynski advised that he has reviewed the bid received on June 23, 1987 from Erskine Plaza Associates, 227 South Main Street, South Bend, Indiana submitted by Mr. Christopher Davey, Managing Partner and Robert Dunbar, Jr., Development Director, Cressy and Everett Commercial Company, which consisted of an 1 fI 1 27 REGULAR MEETING JULY 28, 1987 offer to exchange a 0.37 acre parcel of property owned by Erskine Plaza Associates for the City parcel of property consisting of 1.14 acres as well as other considerations, and recommends that the City accept the offer.with the following conditions: 1. Erskine Plaza Associates deed to the City a parcel of property of 0.37 acres described in the bid. 2. Provide to the City a Quit -Claim Deed from Place and Company and Andy Place in order to terminate any reversionary interest in the property the City currently owns. 3. Erskine Plaza Associates will install a 36" storm sewer outfall from City retention pond to High Street along with the necessary easements and dedication of the sewer to the City. 4. Erskine Plaza Associates will excavate the City of South Bend retention pond and the property to be deeded to the City and improve the appearance of the pond in order to accommodate the storm water anticipated and currently handled as per and in accordance with the requirements determined by a Cole Associates drainage plan on file with the Board of Public Works. 5. Erskine Plaza Associates had previously agreed to construct a traffic signal at the intersection of Ireland and High Streets. Mr. Leszczynski further noted that the appraised value of the property offered by the City for sale was $11,000.00. It is his opinion that the cost of the conditions mentioned above would exceed the $11,000.00 appraisal price in value. The resultant retention basin would be better suited to handle storm water. Therefore, upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the offer as submitted by Erskine Plaza Associates was accepted and approved. APPROVE ACCEPTANCE OF TRAFFIC SIGNALS - IRELAND ROAD SIGNALS PROJECT (IDOH) Mr. Leszczynski submitted to the Board a District Engineer's Report of Inspection and Recommendation for acceptance of the computerization of eleven (11) intersections which include intersections on Ireland Road from Michigan to Ironwood. Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the Report was accepted and approved. APPROVE REQUEST OF SPECIAL OLYMPICS TO CONDUCT FIREWORKS DISPLAY AND APPROVE REQUEST FOR REDUCED PARKING GARAGE RATE - AUGUST 1, 1987 Mr. Leszczynski advised that the appropriate City departments and bureaus have reviewed the above referred to request submitted to the Board on June 23, 1987 and approval is recommended. The fireworks display will take place between the 100 block of Niles Avenue and the East River Bank on August 1, 1987. Additionally, a $1.00 flat rate will be charged in the parking garages and the garages will remain open until 12:00.midnight in conjunction with Special Olympics activities taking place at Century Center. Upon a motion made by Mr. Vance, seconded by Mrs. DeClercq and carried, the fireworks display on August 1, 1987 was approved and the $1.00 flat parking garage rate for Special Olympics activities was approved. REGULAR MEETING JULY 28, 1987 ACCEPTANCE OF: - DEDICATION OF RIGHT -OF -WA - EASEMENT AND RIGHT-OF-WAY (ALLEY VACATION - E/W ALLEY S. OF MISHAWAKA AVENUE) Mr. Leszczynski advised that pursuant to the favorable recommendation of the Common Council to vacate the E/W alley South of Mishawaka Avenue, subject to the dedication of additional right-of-way, Attorney Kenneth P. Fedder has submitted a Dedication of Right -of -Way and Easement and Right -of -Way to the Board for acceptance and approval. Mr. Leszczynski further advised that the City Attorney's office and the Engineering Department have reviewed these documents and have indicated that they are in order. Therefore, upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the documents as submitted were accepted and approved. ITION FOR RESTRICTED RESIDENTIAL PARKING ZONE - 800 B] Mr. James D. Kurdys, 843 South 23rd Street, South Bend, Indiana, submitted to the Board, a Petition for the establishment of a Restricted Residential Parking Zone in the 800 block of South 23rd Street. The Petition indicated that the residents would like the area to have restricted parking everyday between the hours of 9:00 p.m. until 5:OO a.m. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the Petition was referred to the Bureau of Traffic and Lighting in order that the appropriate traffic study can be conducted pursuant to this request. CLOSE 1300 BLOCK OF CATHERWOOD DRIVE FOR NEI( 22, 19 In a letter to the Board, Ms. Janet S. Brant, 1340 Catherwood Drive, South Bend, Indiana, advised that the residents of the 1300 block of Catherwood would like the street closed on August 22, 1987 from 4:30 p.m. until 10:00 p.m. for a neighborhood block party. Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the request was referred to the Bureau of Traffic and Lighting and the Police Department Traffic Division for review and recommendation. T FOR DESIGNATED HAN 'PED PARKING SPACE AT Mr. Vernel Eugene Deadmond, 1630 North Huey Street, South Bend, has requested that the parking space in front of his residence at 1630 North Huey Street be designated as a handicapped parking space. Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the request was referred to the Bureau of Traffic and Lighting and the Police Department Traffic Division for review and recommendation. APPROVE REQUEST TO ADVERTISE FOR RECEIPT OF BIDS - SALE OF ABANDONED VEHICLES Mrs. Patricia E. DeClercq, Director, Department of Code Enforcement, requested permission to advertise for the sale of approximately thirteen (13) abandoned vehicles, which are being stored at Steve & Gene's Auto & Truck Salvage and Repair, 3109 South Gertrude 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 August 11, 1987 was established for the receiving and opening of sealed bids. 1 �2 REGULAR MEETING JULY 28, 1987 FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORT A report from the Department of Code Enforcement indicating a total of one hundred sixteen (116) properties cleaned from July 20, 1987 to July 24, 1987, 1986, was submitted. Upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski and carried, the report as submitted was filed. APPROVE CLAIMS Mr. John W. Ferguson, Executive Director, St. Joseph County Job Training Program submitted two (2) lists containing one hundred twenty-four (124) claims and recommended approval. Additionally, Deputy City Controller Carol M. Sanders submitted Claim Docket No. 11732 through Claim Docket No. 12036 and recommended approval. Upon a motion made by Mr. Vance, seconded by Mrs. DeClercq and carried, the claims were approved and the reports as submitted were filed. PRIVILEGE OF THE FLOOR: UESTIONS AND CONCERNS FROM _RUM VILLAGE NEIGHBORHOOD ASSOCIATION REGARDING SEVERAL BUSINESS OPERATIONS IN THE AREA Mr. Sylvester Gerschoffer, 2101 Prairie Avenue, South Bend, Indiana, addressed the Board and advised that he is the President of the Rum Village Neighborhood Association. Mr. Gerschoffer inquired of the Board what steps are being taken regarding three (3) businesses that are operating without licenses. The businesses are: 1. Bud's Wrecker Service, Inc. 1515 South Walnut Street 2. South Bend Auto Parts 1802 South Main Street 3. Bill's Body Shop 1818 South Olive Mr. Gerschoffer stated that Bud's Wrecker does not have a license to operate, South Bend Auto Parts continues to operate even though the Board rejected their license on February 15, 1987 and Bill's Body shop does not have opaque fencing as required by City ordinance. He asked why these problems are not being solved by the Board. Mr. Gerschoffer further stated that various members of the Association have spoken to the City Attorney regarding the problems with the 307 Calvert Street business (South Bend Auto Parts) that has been operating for one (1) year. He asked what the Board was going to do about these problems. Mrs. DeClercq advised that the Calvert Street problem is in litigation, they have been given a Cease and Desist Order and a court date has been set. They cannot operate as they are not in compliance. She further stated that the City is gathering evidence to go to court regarding this matter. In regards to the South Bend Auto Parts (1802 South Main) problem, that property is being sold and they are vacating the premises. In response to Mr. Gerschoffer's concerns regarding Bill's Body Shop, Mrs. DeClercq stated that Bill's has received written notification that they must be in compliance by August 1, 1987 or REGULAR MEETING JULY 28, 1987 be shut down. Mrs. DeClercq informed those present that Bill's did not put up the required fencing at the request of a resident. As that was an arbitrary decision, they have until August 1, 1987 to bring the premises up to code requirements. Mrs. DeClercq stated that Bud's Wrecker also has until August 1, 1987, to bring the business up to code or they will receive a Cease and Desist Order. Mr. Gerschoffer asked why it is taking so long to resolve the problems that have been brought to the City's attention. Mrs. DeClercq stated that is some cases evidence must be acquired and gathered and facts must be documented should the matter need to be resolved in court. Mr. Gerschoffer stated that the Department of Code Enforcement was lax and wondered why steps were not taken six months ago. Mr. Vance stated that the Department of Code Enforcement was not lax and that the Department has been doing inspections. He further advised that appropriate letters from the Deputy Controller's were not mailed out in a timely fashion. Mr. Gerschoffer stated that the City is just now issuing stop work orders and said he doesn't understand the delay. Mr. Leszczynski stated that all facts must be documented in these types of problems. Mrs. DeClercq reminded those present that in a prior court case regarding South Bend Auto Parts, the City did not get the injunction it requested and therefore it is very important that evidence be documented at this time. In regards to Bud's Wrecker Service, Mr. Gerschoffer asked what type of business Bud's is conducting. Mrs. DeClercq stated that Bud's has applied for a auto repair license. She further advised that the City does not license wrecking companies. Mr. Gerschoffer stated that the residents are disgusted with the whole operation at Bud's. Mrs. DeClercq clarified that her Department is the inspection Department not the legislative or license issuing department. She reiterated that in regards to 307 West Calvert, this matter has been set for court with the court determining the date of the hearing on this matter. Mr. Ernest Niedbalski, 1809 South Walnut Street, South Bend, Indiana, addressed the Board and echoed the complaints heard above. At 10:30 a.m., due to the sounding of the fire alarm, Mr. Leszczynski made a motion that the Board recess until the alarm ceases. Mrs. DeClercq seconded the motion and it carried. The meeting of the Board of Public Works was reconvened at 10:40 a.m. Mr. Gerschoffer again raised issues relating to the operation of Bud's Wrecking. Mr. Niedbalski advised the Board of problems at Tidy's Trucking located near Bud's and indicated that Bud's is operating out of a three (3) or (4) four stall garage at that location. Mr. Vance advised all present that businesses are inspected for code violations and zoning as well as other pertinent requirements as stated in the licensing ordinance. Mr. Vance further clarified for all present that Bud's Wrecker does not tow cars on behalf of the City and the City does not have a contract with him to tow vehicles. F-� 1 IAL REGULAR MEETING JULY 28, 1987 Mr. Frank Kuminecz, 1534 South Nash Street, addressed the Board and advised that his records indicate that Bud's did not have a license in 1985 but did have one in 1986. He further advised that he has been calling the Deputy Controller's office several times regarding this matter. Mr. Kuminecz further stated that he continues to send letters to the Department of Code Enforcement regarding violations in the area as well as photographs of the violations. Mrs. DeClercq acknowledged receipt of the letters and stated that her office continues to work to resolve the problems described. She again reiterated that the problem at 307 Calvert will be resolved in court and evidence from the residents is needed. She further stated that she will advise the Rum Village Neighborhood Association of the court date set regarding this matter. Mr. Kuminecz stated that the Board is not aware of the pressure the Association is under regarding these problems. He stated that they publish a newsletter three (3) times a year to keep the residents updated butproblemsin the area are mounting. He asked that the Board please take their concerns seriously. A resident of the area and member of the Association inquired of the Board the policy utilized in selecting alleys to be paved. She stated that an alley in the Rum Village area utilized by two households is in much better condition than the alley near her home utilized by eighteen (18) households. Mr. Leszczynski stated that the Association provided a list of alleys in need of repair in her area and she should discuss this with Mr. Gerschoffer. This same resident also inquired of Mrs. DeClercq why the Hearing Officer acted as he did in a recent Hearing in regards to a particular property in the area. Mrs. DeClercq summarized for her the events that occurred at a recent Code Enforcement Hearing regarding the properties which were of concern to her. As the result of some confusion regarding whose responsibility it is to repair damaged curbs, Mr. Leszczynski advised Mr. Niedbalski that the repair of curbs is the property owners responsibility. If the resident feels that the curb was damaged through the fault of the City, the resident may file a claim with the City Attorney's office and the Claims Review Committee will review the matter. In response to Mr. Niedbalski's statement that a former City employee alleges that the City did repair the curb in front of his residence, Mr. Leszczynski stated that that was not true. In response to allegations made by those present that the premises of Bud's Wrecker does not meet code requirements, Mrs. DeClercq advised that should Bud's Wrecker not come into compliance, the Deputy Controller's office will advise her department and citations will be issued until the violations are corrected. She noted that each citation carries a $25.00 fine. Further, premises are inspected for electrical, building, fencing and fire code violations and must meet all requirements. At this time, it appears that all requirements have been met except those of the Department of Code Enforcement. As residents disagreed that the buildings' electrical system was adequate, they were advised that the Fire Department inspection report is on file in the Deputy Controller's office. As residents also seemed to disagree on what type of business Bud's Wrecker Service was conducting, Board Attorney Thomas Bodnar advised that the City was not issuing a junk yard license but a repair service. As residents present contend that Bud's Wrecker is a junk or scrap yard operation, they inquired who decides what type of operation is being conducted and what type of license is appropriate. REGULAR MEETING JULY 28, 1987 Mr. Wade Yoder, Department of Code Enforcement, advised residents present that a scrap or junk yard operation crushes and sells cars. He further clarified that the residents have a misconception of the operation being conducted at Bud's Wrecker, Inc. He stated that the business known as Bud's previously located on Olive Street moved that operation out of the City limits. Bud's did, however, lease their name in 1986 to the business now conducted on Walnut Street. He further stated that it appears that no cars are being stripped, crushed and stacked on semi -trailers for removal. Such actions would be considered operations of a scrap or junk yard. It appears that Bud's is storing wrecked vehicles as a number of other operations do. Mr. Niedbalski stated that he does see semi -trailers come and take vehicles away and it is therefore a scrap yard. Mr. Yoder clarified that the trailer taking away the vehicles was probably a roll-on roll -off type vehicle that is used to tow damaged vehicles to a scrap yard or wherever the insurance company requests.. Further, in regards to the use of the three (3) or four (4) stall garage utilized by Bud's for repairs, it was determined that they will need a license for this second location. 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 11:05 a.m. hn E. Leszcz k r � 2" Patricia E. DeClercq f I L" vcl.� Michael L. NAance ATTEST: -'Sandra M. Parmerlee, Clerk 1 1