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HomeMy WebLinkAbout10/13/87 Board of Public Works Minutes04, REGULAR MEETING OCTOBER 13, 1987 The regular meeting of the Board of Public Works was convened at 9:32 a.m. on Tuesday, October 13, 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 ITEM ADDED Upon a motion made by Mr. Vance, seconded by Mrs. DeClercq and carried, the approval of a Contractor's Bond was added to the agenda. PUBLIC HEA SERVI dG CONTINUED - DE kL OF ARBORIST LICENSE (TEMPLE Mr. David Keckley, Attorney at Law, 315 South Main Street, South Bend, Indiana, was present on behalf of his client, Mr. Walt Temple, Temple Tree Service, 24400 Filmore Road, South Bend, Indiana. Mr. Keckley requested that the Board continue this matter for one (1) week as he is continuing to meet with representatives from the Park Board and the City Attorney's office and it is felt that this matter will be resolved. He stated that he requested that the Public Hearing be put on today's Board agenda in order to protect his client's right to review. He, therefore, asked that the Board defer and continue the matter of the Public Hearing one (1) week in order that an agreement can be reached. It was noted that on October 1, 1987, Mr. Michael L. Vance, City Controller, advised Mr. Walt Temple of Temple Tree Service, 24400 Filmore Road, South Bend, Indiana that his application for a City of South Bend Arborist license was denied pursuant to Section 4-19(b) of the South Bend Municipal Code. Mr. Vance further advised Mr. Temple that the Board of Park Commissioners considered his application and recommended denial based on his failure to comply with Section 19-11 of the Code. Upon a motion made by Mr. Vance, seconded by Mrs. DeClercq and carried, Mr. Keckley's request was approved and the Public Hearing regarding this matter continued for one (1) week. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mrs. DeClercq, seconded by Mr. Vance and carried, the minutes of the October 6, 1987, regular meeting of the Board were approved. OPENING OF BIDS - CHERRY STREET IMPROVEMENT PROJECT This was the date set for receiving and opening of sealed bids for the above referred to project. 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: KASER-SPRAKER CONSTRUCTION, INC. 25487 W. State Road 2 P.O. Box 3605 South Bend, Indiana Bid was signed by Gary L. Spraker, President and Daniel H. Kaser, Secretary/Treasurer, Non -Collusion Affidavit was in order and a 5% Bid Bond was submitted. BID: $74,460.00 ,] u 1 "(f5 REGULAR MEETING OCTOBER 13, 1987 RIETH-RILEY CONSTRUCTION CO., INC. P.O. Box 1775 South Bend, Indiana Bid was signed by Kenneth G. Noble, Sales Manager, Non -Collusion Affidavit was in order and a 5% Bid Bond was submitted. BID: $99,467.50 WALSH & KELLY, INC. 24358 State Road 23 South Bend, Indiana Bid was signed by Thomas 0. Walsh, President and John R. Quinn, Assistant Secretary, Non -Collusion Affidavit was in order and a 5% Bid Bond was submitted. BID: $53,503.90 Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the above bids were, referred to the Engineering Department for review and recommendation. 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 eighteen (18) abandoned vehicles which have been stored at Steve and Gene's Auto & Truck Salvage and Repair, 3109 South Gertrude 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: Mr. Gene Hancz Steve & Gene's Auto Truck Salvage 3109 S. Gertrude, P.O. Box 2883 South Bend, Indiana 46680 Vehicles No. 1 $35.75 Vehicles No. 10 $65.75 2 35.75 11 5.75 3 15.75 12 10.00 4 2.00 13 5.00 5 2.00 14 10.00 6 15.75 15 10.00 7 2.00 16 2.00 8 1.00 17 10.00 9 10.00 18 10.00 Mr. Howard W. Rubin Rubin's Auto Parts, Inc. 23921 Western Avenue South Bend, Indiana Vehicles No. 2 $37.37 10 52.52 11 27.27 13 18.18 17 37.37 Mr. James L. Stambaugh 54660 Oak Road South Bend, Indiana Vehicles No. 10 $65.00 14 30.00 C i� REGULAR MEETING Mr. William Milcherska 1700 S. Union South Bend, Indiana Vehicles No. 1 $25.00 2 20.00-25.00 10 75.00 11 20.00 16 15.00-20.00 Mr. Charles E. Teske 54830 Pear Road South Bend, Indiana Vehicles No. 2 $12.00 10 22.00 Mr. John W. Fonash 112 S. Notre Dame South Bend, Indiana Vehicle No. 14 $16.01 Mr. David E. Fisher 1822 S. Warren South Bend, Indiana Vehicle No. 2 $35.00 OCTOBER 13, 1987 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. Board Attorney Thomas Bodnar advised the Board that it should make a determination regarding which bid price to accept when an individual bids a range, i.e., $20.00 to $25.00, for a particular vehicle. He stated that they should decide whether they will accept the high or low bid offered. Mr. Vance stated that as the purpose of the sale is to recover the costs incurred by the City, it is his recommendation that the highest amount be considered the price offered. Board members concurred with Mr. Vance's recommendation. Following a review by the Department of Code Enforcement of the above bids, upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski and carried, the following bids were awarded: Steve & Gene's - Vehicle No. 3 4 5 6 7 8 9 12 15 18 Rubin's Auto Parts - Vehicle No. 2 11 13 17 $35.75 15.75 2.00 2.00 15.75 2.00 1.00 10.00 10.00 10.00 10.00 TOTAL: $37.37 27.27 18.18 37.37 TOTAL $114.25 $120.19 [1 F�l 10 07 REGULAR MEETING OCTOBER 13, 1987 James L. Stambaugh - Vehicle No. 14 $30.00 William Milcherska - Vehicle No. 10 $75.00 16 20.00 TOTAL: $ 95.00 GRAND TOTAL: $359.44 OPENING OF QUOTATIONS - LANDSCAPING IMPROVEMENTS AT THE CORNER OF SOUTH STREET AND L.W.W. Mr. Leszczynski advised that this was the date set for the receiving and opening of sealed Quotations for the above referred to project. The following Quotations were opened and publicly read: COUNTRY GARDEN 62971 U.S. 31 South South Bend, Indiana Quotation submitted by Mike Nickison. QUOTATION: $3,330.00 HUNZIKERS, INC. 2344 Yankee Street P.O. Box 397 Niles, Michigan Quotation submitted by J.A. Hunziker, President. QUOTATION: $5,900.00 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. OPENING OF QUOTATIONS - CONCRETE IMPROVEMENTS AT THE CORNER OF SOUTH STREET AND L.W.W. Mr. Leszczynski advised that this was the date set for the receiving and opening of sealed Quotations for the above referred to project. The following Quotation was opened and publicly read: L.L. GEANS & SONS, INC. 1721 North Home Street Mishawaka, Indiana Quotation was submitted by Tom Lentz. QUOTATION: $12,149.00 Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the above Quotation was referred to the Engineering Department for review and recommendation. APPROVE COMMUNITY DEVELOPMENT ADDENDUM The following Community Development Addendum was presented to the Board for approval: ADDENDUM IV SOUTH BEND HERITAGE FOUNDATION NEAR WEST SIDE COMMERCIAL LOAN FUND Addendum I indicates a time extension until December 31, 1987 and revision in the activity guidelines. Ms. Betsy Harriman, Department of Community Development, advised that the minor changes in the guidelines provide for more flexibility. REGULAR MEETING OCTOBER 13, 1987 Upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski and carried, the above Addendum was approved as submitted. APPROVE EASEMENT - INDIANA MICHIGAN POWER COMPANY Mr. Leszczynski advised that because Indiana Michigan Power Company has power lines crossing the City's sludge farm on Cleveland Road the appropriate Easement has been submitted by I&M for approval by the Board. Mr. Leszczynski further advised that he recommends that the Easement be granted and approved subject to a slight modification. He recommended that the language indicating that I&M has the right to use herbicides be stricken from the Easement and that the new Easement submitted today be contingent upon the release of the current Easement with I&M. Upon a motion made by Mr. Vance, seconded by Mrs. DeClercq and carried, the above referred to Easement was approved subject to the above indicated modifications. APPROVE PERMANENT EASEMENT FOR USE AND MAINTENANCE OF AND ACCESS TO PEDESTRIAN BRIDGE - SHERLAND BUILDING Board Attorney Thomas Bodnar advised that the pedestrian bridge between the Jefferson Parking Garage and the Sherland Building has been in existence for approximately twenty (20) years but has never been the subject of a recorded Easement. As the new owners of the Sherland Building are requesting an easement, a Permanent Easement is being submitted to the Board at this time for approval. Mr. Bodnar stated that the Easement will not give the owners of the Sherland Building greater rights than they currently have. The Easement indicates that the City, being the owner of certain rights, title and interest with respect to that certain dedicated public alley running north and south between, inter alia, Lots Numbered 40 and 41 as shown on the Original Plat of the Town, now the City of South Bend, for good and valuable consideration, grants, dedicates and conveys unto The Equitable Life Assurance Society of the United States, as the owner of Lot Numbered 41 and the south one-half (1/2) of Lot Numbered 42 and the Sherland Building situated thereon, for purposes of ingress, egress, unrestricted access, use, maintenance and all other purposes in connection with a certain Pedestrian Bridge owned by The Equitable Life Assurance Society of the United States and the Sherland Building and now existing and to be maintained at the approximate minimum height of 13 feet above the surface of the alley, between the Sherland Building and a parking garage now owned by Parking Facilities of South Bend, an Easement upon all of its right, title and interest in the property described in the Permanent Easement. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the Permanent Easement as indicated above was approved. APPROVE HOUSE MOVE - FROM THE S.E. CORNER OF HILL AND MADISON STREET TO THE S.E. CORNER OF CORBY AND NILES AVENUE In a Memorandum to the Board, Mr. Jack A. Mathews, Building Commissioner, advised that Lykowski Construction, Inc., 21707 West Ireland Road, South Bend, Indiana, requested permission to relocate a house from the S.E. corner of Hill and Madison Street to the S.E. corner of Corby and Niles Avenue. Mr. Mathews stated that the utility companies have been contacted and their requirements have been satisfied. Additionally, the Engineering Department has approved the route to be utilized for this move, the appropriate Certificate of Insurance is in order and on file and information has been provided as to how the existing site will be left. Therefore, Mr. Mathews recommends that the Board approve the move as requested. Upon a motion made by Mrs. DeClercq, seconded by Mr. Vance and carried, the recommendation was accepted and the request approved. 1 11 REGULAR MEETING OCTOBER 13, 1987 "09 1 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 sixteen (16) 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. Vance and carried, the above request was approved and a date of October 27, 1987, was established for the receiving and opening of sealed bids. REQUEST FOR DESIGNATED HANDICAPPED PARKING SPACE - 1630 NORTH HUEY STREET - REFERRED In a letter to the Board, Mr. Vernel Deadmond, 1630 North Huey Street, South Bend, Indiana, advised that he is handicapped and would like the parking space in front of his home designated as a handicapped parking space. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the request was referred to the Bureau of Traffic and Lighting and the Police Department Traffic Division for review and recommendation. REQUEST OF NOVEMBER 21 . CITY ASSOCIATES TO CO'. UCT HOLIDAY PARADE - In a Memorandum to the Board, Ms. Mikki Dobski, Director, Office of Community Affairs, on behalf of Center City Associates, requested permission to conduct the annual Holiday Parade in downtown South Bend on November 21, 1987 at 11:00 a.m. Ms. Dobski advised that the route to be utilized is the same as used in prior years and is Michigan Street North from Western Avenue to Colfax. Upon a motion made by Mr. Vance, seconded by Mrs. DeClercq and carried, the request was referred to the appropriate City departments and bureaus for review and recommendation. REQUEST OF SOUTH BEND SINFONICA TO CONDUCT INTERSECTION SOLICITATIONS - NOVEMBER 4-11 1987 - REFERRED In a letter to the Board, Mr. Sam Lehman, Founder, South Bend Sinfonica, 53308 Portage Avenue, South Bend, Indiana, requested permission to conduct intersection solicitations from 9:00 a.m. until 5:00 p.m. from November 4-11, 1987 at the intersection of Elwood and Portage. Mr. Lehman advised that they are raising money for a thirty (30) piece chamber orchestra. Upon a motion made by Mr. Vance, seconded by Mrs. DeClercq and carried, the above request was referred to the appropriate City departments and bureaus for review and recommendation. In a letter to the Board, Ms. Margaret Moody, 727 Forest Avenue, South Bend, Indiana, on behalf of the Park Avenue Neighborhood Association, requested permission to close Manitou Place from Park Avenue to Forest Avenue for a neighborhood Halloween Party on October 24, 1987 from 12:00 noon until 7:00 p.m. Ms. Moody stated that in case of rain, the party will be held on October 25, 1987. 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 TITLE SHEET - ERSKINE PLAZA Mr. Leszczynski advised that the Title Sheet for Erskine Plaza Retention Pond Modifications as submitted by Erskine Plaza Associates and The Robert Henry Corporation was being presented =�10 REGULAR MEETING OCTOBER 13, 1987 at this time for execution. Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the above referred to Title Sheet was approved and signed. APPROVE CONTRACTOR'S BOND Mr. Michael P. Meeks, Director, Division of Engineering, recommended that the Contractor's Bond for J.C. Woodworks be approved retroactive to October 12, 1987. Upon a motion made by Mr. Vance, seconded by Mrs. DeClercq and carried, the above Contractor's Bond was approved. FILING OF STREET LIGHT OUTAGE REPORT—SEPTEMBER The report submitted to the Board indicated a total of one hundred seventy-seven (177) street light outages reported during the month of September. Upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski and carried, the report as submitted was filed. FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORT A report from the Department of Code Enforcement indicating a total of forty-nine (49) properties cleaned from October 5, 1987 to October 9, 1987, was submitted. Upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski and carried, the report as submitted was filed. APPROVE CLAIMS City Controller Michael L. Vance submitted Claim Docket No. 14821 through Claim Docket No. 15147 and recommended approval. Upon a motion made by Mr. Vance, seconded by Mrs. DeClercq and carried, the claims were approved and the report filed. PRIVILEGE OF THE FLOOR UPDATE - REQUEST OF CURB CONNECTION TO PAINT STREET ADDRESSES ON CURBS Mrs. Patricia E. DeClercq, Director, Department of Code Enforcement, advised that the Department of Code Enforcement is currently reviewing the above request submitted to the Board on October 6, 1987 and referred to various City departments and bureaus for review and recommendation, and will submit a recommendation to the Board at their next meeting. Mrs. DeClercq stated, that until the Board acts on this matter, the Curb Connection should not be in operation. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the meeting adjourned at 9:58 a.m. c (,,.e! �., , , " 4 � te w eszczy alae ka (2&1- Patricia E. DeClercq Michael L AVance ATT T: Sandra M. Parmerlee, Clerk 11 1