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._
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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
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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
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