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HomeMy WebLinkAbout06/03/86 Board of Public Works Minutes183 REGULAR MEETING JUNE 3, 1986 The regular meeting of the Board of Public Works was convened at 9:35 a.m. on Tuesday, June 3, 1986, by President John E. Leszczynski, with Mr. Leszczynski, Ms. Katherine G. Barnard and Mr. Michael L. Vance present. Also present was Chief Deputy City Attorney Thomas Bodnar. AGENDA ITEM STRICKEN AND NEW ITEMS ADDED Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the following one (1) item was stricken from the agenda and three (3) items were added: STRICKEN 1. Change Order No. 5 - Palais Royale Building (Facade and Sidewalk) Project. ADDED 1. Warranty Deed - Parcel of property at corner of Olive and Prairie. 2. Change Order No. 2 (Final) Firehouse Theatre (Fire Restoration). 3. Request to advertise for receipt of bids for: - Skywalk from the Century Center to the Marriott Hotel Project; and - Construction of the South Bend Central Parking Facility Project. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Ms. Barnard, seconded by Mr. Leszczynski, and carried, the minutes of the May 27, 1986, regular meeting of the Board were approved. APPROVE LEASE AGREEMENT BETWEEN THE CITY OF SOUTH BEND AND SOUTH BEND CIVIC THEATER, INC. Mr. Leszczynski advised that submitted to the Board for approval was a Lease Agreement between the City of South Bend, Indiana and the South.Bend Civic Theater, Inc., whereby the City leases to the South Bend Civic Theater, Inc., the real estate commonly known as 701 Portage Avenue for a lease period of fifteen (15) years beginning on June 6, 1986 and expiring on June 5, 2001. The Agreement indicates that the annual rent is $3,293.88 per year for the original lease term. All rentals due shall be payable in equal monthly payments of $274.49 with the first payment due upon execution of the Agreement and subsequent payments due on the 6th day of each month. Mr. Leszczynski further advised that the South Bend Civic Theater, Inc., must obtain and maintain liability insurance, naming the City of South Bend as co-insured and must provide a Certificate of Insurance indicating that coverage has been secured. Upon a motion made by Mr. Vance, seconded by Ms. Barnard and carried, the Agreement as submitted was approved and executed. Mrs. Irene Mutzl, 320 Parkovash, South Bend, Indiana, inquired of the Board why the Park Avenue Neighborhood Association was not able to acquire the building. She further stated that she understands that several neighborhood groups would like to use the building for meetings. Mr. Vance stated that the South Bend Civic Theater has been an occupant of the building for some time. Under the new lease agreement,neighborhood groups have been given access for meetings._ 1 b4. REGULAR MEETING JUNE 3, 1986 Mrs. Mutzl further stated that she does not understand why the City would want to control the building. Mr. Vance replied that it is because the City owns the building and because it is a historic site which was once the site of a Civil War fort. Mr. David Roos, Mayor Parent's Administrative Assistant, was present and advised that in preliminary contacts with neighborhood groups over a year ago, one group stated their intent to purchase the building but that request was subsequently withdrawn. Further, other groups did not have the financial resources to acquire the building. Mr. Roos stated that an open door policy exists whereby the South Bend Civic Theater, Inc. will share use of the building with other civic groups particularly the Near Northwest Neighborhood Association and the Park Avenue Neighborhood Association. In response to a question from the news media regarding the status of the lawsuit filed as it relates to the City's claim for damage sustained in a fire at the building some time ago, Board Attorney Thomas Bodnar stated that the City is waiting for a trial setting in Superior Court. In response to a further question, Mr. Vance stated that the funds used to proceed with the necessary repairs of the building came from the self insurance fund and further stated that at the present time the City will carry full coverage on the building. APPROVE PURCHASE AGREEMENTS - SALE OF CITY -OWNED PROPERTY AT: - 423 SOUTH HARRIS STREET - 1510 SOUTH ST. JOSEPH STREET In accordance with the bids awarded on May 13, 1986, for the purchase of the City -owned lots at 423 South Harris Street and 1510 South St. Joseph Street, the Purchase Agreements were being submitted at this time for Board approval. It was noted that the property at 423 South Harris Street was sold to Mr. Elberto Garcia, 425 South Harris Street, for the sum of $200.00 and the property at 1510 South St. Joseph Street was sold to Mr. Fidencio Bueno, 210 East Haney Street, for the sum of $80.00. Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the Purchase Agreements were approved and the matter referred to the City Attorney's office for the drafting of the appropriate Quit -Claim Deeds. ACCEPT AND APPROVE WARRANTY DEED Mr. Leszczynski advised that Tibor and Margareth Folding have submitted to the City a Warranty Deed for the parcel of property at the corner of Olive and Prairie Avenue. Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the Deed was accepted and approved. APPROVE CHANGE ORDER NO. 2 (FINAL) - FIREHOUSE THEATRE (FIRE RESTORATION) Mr. Leszczynski advised that L.L. Geans, 1721 North Home Street, Mishawaka, Indiana, has submitted Change Order No. 2 (Final) indicating that the contract amount be increased by $7,376.31 for a new contract sum including this Change Order in the amount of $123,120.31. Upon a motion made by Ms. Barnard, seconded by Mr. Vance and carried, Change Order No. 2 (Final), as submitted, was approved. APPROVE PETITIONS TO RELEASE ACCRUED TAX AND REMOVE PROPERTY FROM TAX ROLLS Mr. Leszczynski advised that Petitions to Release Accrued Tax and Remove Property from Tax Rolls for the following real estate have been submitted to the Board for approval and execution: REGULAR MEETING JUNE 3, 1986 185 1 1 1. Lot 1 Dubails 1st Add 2. Lot 2 Dubails lst Add 3. Retention Basin 4. Lot 37 Roseland Park 1st Key # 18 7042 1653 Key # 18 7042 1654 Key # 18 7216 810501 Key # 18 7102 3663 Mr. Leszczynski further advised that the above properties include the Police South Sector Substation, a retention basin and Park Department property. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the Petitions were approved and executed. APPROVE LICENSE APPLICATIONS - SECONDHAND DEALERS Mr. Leszczynski advised that the following three (3) secondhand dealers license applications have been received: NAME MABLE'S VARIETY BY: Mable Karn ADDRESS: 716 W. Indiana Avenue FOR THE PURPOSE OF SELLING: Used furniture & clothes NAME: SAMPLE SIMON BY: Margaret A. Widman ADDRESS: 413 East Sample FOR THE PURPOSE OF SELLING: New & Used general merchandise NAME: FANNIES GOLDEN NEEDLE BOUTIQUE BY: Fannie Carr ADDRESS: 230 South Michigan FOR THE PURPOSE OF SELLING: Quality used garments crafts, clothes and alterations made Mr. Leszczynski further advised that favorable recommendations have been received from the Bureau of Traffic and Lighting, Department of Code Enforcement, Police Department and Fire Department on the above applications. Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the above license applications were approved and referred to the Deputy Controller's office for issuance of permits. DENY LICENSE APPLICATION - SECONDHAND DEALER Mr. Leszczynski advised that the Department of Code Enforcement has recommended that the following secondhand dealer license application be denied due to the fact that there is insufficient off-street parking at the location: NAME: CHANCES ARE BY: Richard W. Ullery ADDRESS: 2702 Western Ave. FOR THE PURPOSE OF SELLING: Furniture, dishes, misc. items Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the recommendation as submitted was accepted and the application denied. IS REGULAR MEETING JUNE 3, 1986 APPROVE LICENSE APPLICATIONS - OPEN AIR STANDS Mr. Leszczynski advised that the following license applications have been received: NAME: READY RIBS B.B.Q CATERING SERVICE BY: Sylvester Fultz ADDRESS: 606 East Dayton Street STAND TO BE LOCATED AT: 2903 W. Western Avenue DATES: 4/21/86 - 11/20/86 FOR THE PURPOSE OF: Selling barbecue ribs NAME: MR. BRITCHES BY: Karen Jones ADDRESS: 1139 Leet Rd., Niles, Michigan STAND TO BE LOCATED AT: 2903 W. Western Avenue DATES: 4/l/86 - 5/30/86 FOR THE PURPOSE OF: Selling jeans and tops NAME: C & 0 CHRISTIAN SCHOOL BY: Ray L. Newlin ADDRESS: 141 N. 500 W, Valparaiso, IN STANDS TO BE LOCATED AT: - 816 South Michigan - 1130 North Bendix Drive - 1105 East Ireland Road DATES: 6/16/86 - 7/5/86 FOR THE PURPOSE OF: Selling Class C Fireworks Mr. Leszczynski further advised that favorable recommendations have been received from the Police Department, Department of Code Enforcement, and the Bureau of Traffic and Lighting for the above applications. Additionally provided with the applications were letters of permission from property owners. It was noted that all applicants selling fireworks submitted a copy of their State of Indiana Fireworks Stand Retail Sales Permit. Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the above applications were approved and referred to the Deputy Controller's office for issuance of licenses. APPROVE REQUEST OF NATIONAL ASSOCIATION OF LETTER CARRIERS TO CONDUCT INTERSECTION SOLICITATIONS - JULY 13, 1986 Mr. Leszczynski advised that the above referred to request, submitted to the Board on May 20, 1986, has been reviewed by the Bureau of Traffic and Lighting and the Police Department Traffic Division and they recommend approval. They advised, however, that the petitioner should be advised that solicitations must take place on the sidewalks only with no solicitations allowed in the street. Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the recommendation was accepted and the request approved. APPROVE REQUEST TO CONDUCT ETHNIC FESTIVAL WAITER/WAITRESS RACE - JULY 5, 1986 Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the recommendation of the Bureau of Traffic and Lighting and the Police Department Traffic Division to approve the above referred to request submitted to the Board on May 27, 1986, was approved. 187 REGULAR MEETING JUNE 3, 1986 APPROVE REQUEST OF THE LEAD GROUP, INC. TO LOCATE TEMPORARY TRAILER Mr. Leszczynski advised that the Bureau of Traffic and Lighting and the Building Department have reviewed the above referred to request submitted to the Board on May 20, 1986, and approval is recommended. As the trailer will be located on public right-of-way, the Petitioner must secure the appropriate Occupancy Permit from the Building Department. Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the recommendation was accepted and the request approved. APPROVE REQUEST OF LA SALLE HIGH SCHOOL DECA TO CONDUCT ETHNIC FESTIVAL MDA BED RACE - JULY 6, 1986 Mr. Leszczynski advised that the Bureau of Traffic and Lighting and the Police Department Traffic Division have reviewed the above referred to request submitted to the Board on May 20, 1986 and recommend approval. It was noted that the Bureau of Traffic and Lighting and the Police Department Traffic Division will continue working with the sponsor to finalize the route to be utilized for this event. Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the recommendation was accepted and the request approved. REQUEST OF ST. MARY OF THE ASSUMPTION CHURCH TO CLOSE PORTION OF ASSUMPTION DRIVE FOR PARISH FESTIVAL - AUGUST 17, 1986 - REFERRED In a letter to the Board, Rev. F. Thomas Lallak, Pastor, St. Mary of the Assumption Church, 3402 South Locust Road, South Bend, Indiana, requested permission to close a portion of Assumption Drive on Sunday, August 17, 1986, from 12:00 noon until 10:00 p.m. for the annual Parish Festival. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the above request was referred to the Bureau of Traffic and Lighting and Police Department Traffic Division for review and recommendation. APPROVE REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS• - SKYWALK FROM THE CENTURY CENTER TO THE MARRIOTT HOTEL - CONSTRUCTION OF THE SOUTH BEND CENTRAL PARKING FACILITY In a letter to the Board, Mr. John E. Leszczynski, Director, Public Works, requested that the Board advertise for the receipt of bids for the above referred to projects. He further advised that both projects are expected to be completed by the end of the year, with funding provided through tax incremental financing. He stated that the estimated cost of the skywalk project is $850,000.00. In response to a question from the news media, Mr. Leszczynski stated that the central parking facility project entails the construction of a two (2) story parking garage near the new Teacher's Credit Union building. Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the request was approved. APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the following two (2) traffic control devices were approved: REMOVAL OF NO PARKING STOPPING OR STANDING Revise to 15-minute parking tow -way zone 100 East Washington (Marriott Hotel) Requested by Police Dept. and Marriott Hotel Management NEW INSTALLATION - 1 HOUR PARKING 6 A.M. - 6 P.M. 1620 Catalpa Street Requested by Nemeth Body Shop REGULAR MEETING JUNE 3, 1986 APPROVE AND RELEASE CONTRACTORS BONDS Mr. Melvin Humphrey, Engineering Department, recommended that the Contractor's Bond for Brent Huffman be approved effective June 3, 1986, and the Contractor's Bond for Group II, Inc., be released effective June 3, 1986. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the above Contractors Bonds were approved and/or released. FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORT A report from the Department of Code Enforcement indicating a total of two hundred three (203) properties cleaned from May 23, 1986 to May 30, 1986, was submitted. Upon a motion made by Ms. Barnard, seconded by Mr. Vance and carried, the report as submitted was filed. APPROVE CLAIMS Mr. John W. Ferguson, Executive Director, St. Joseph County Job Training Program, submitted a list containing seventy-one (71) claims and recommended approval. Additionally, Deputy City Controller Carol M. Sanders submitted Claim Docket No. 011609 through Claim Docket No. 12092 and recommended approval. Upon a motion made by Mr. Vance, seconded by Ms. Barnard and carried, the claims were approved and the reports as submitted were filed. :TIZEN CONCERNS DRIVE AND - CONSTRUCTIO E SANITARY SEWER ALONG RIVERSIDE Mr. Wayne Werts, 1889 Riverside Drive, South Bend, Indiana, was present and submitted to the Board a letter addressed to Dr. George Plain, Health Officer, St. Joseph County Health Department and the Board of Public Works, with its subject being request for St. Joseph River water quality data. Mr. Werts read a paragraph from the letter which stated that he is formally requesting that the County Health Department and assisting organizations, provide him with all field data, test results and information related to St. Joseph River water quality obtained for St. Joseph County, Indiana, during the last two (2) years. CITIZEN CONCERNS REGARDING FIRE DAMAGED H( AT 500 MICHIGAN STREET Mrs. Irene Mutzl, 320 Parkovash, South Bend, Indiana, inquired about the status of the house -on the west side of the street in the 500 block of Michigan Street because the house is in a dangerous condition. Ms. Barnard advised that the structure is owned by Memorial Hospital and it was to have been demolished. She stated that perhaps the delay in demolition is because the hospital is waiting for utilities to be disconnected. Ms. Barnard further stated that the structure should be demolished this week. 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 9:56�m. /1 hn E. teszczyn Katherine G. a nard Michael L. Vance AT ST: Sandra M. Parmerlee, Clerk 1