HomeMy WebLinkAbout07/22/85 Board of Public Works MinutesREGULAR MEETING JULY 22, 1985
The regular meeting of the Board of Public Works was convened at
9:30 a.m. on Monday, July 22, 1985, by President John E.
Leszczynski, with Mr..Leszczynski, Ms. Katherine G. Barnard
and Mr. Michael L. Vance present. Also present was Assistant City
Attorney Carolyn V. Pfotenhauer.
APPROVE MINUTES OF PREVIOUS MEETINGS
Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and
carried, the minutes of the June 24, 1985, regular meeting of the
Board were approved.
Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and
carried, the minutes of the July 8, 1985, regular meeting of the
Board were approved.
Upon a motion made by Ms. Barnard, seconded by Mr. Vance and
carried, the minutes of the July 15, 1985, regular meeting of the
Board were approved.
PUBLIC HEARING, RESCISSION OF PRIOR DENIAL, AND APPROVAL OF
TAXICAB DRIVER'S LICENSE - EDDIE L. EVANS
Mr. Eddie L. Evans, 1315 Enchanted Forest, South Bend, Indiana,
appeared before the Board concerning the recent denial of his
application for a Taxicab Driver's License. It was noted that in
a letter dated July 10, 1985, Mr. Michael L. Vance, Director,
Administration and Finance, advised Mr. Evans that his license
application was being denied due to his untruthfullness in the
completion of the application as it relates to his prior addresses
for the last five (5) years and any arrest record that exits.
Mr. Leszczynski reiterated to Mr. Evans the reasons for the
license denial. He stated that the police background check
revealed that Mr. Evans' driver's license was suspended in 1976
and again in 1982 for failure to report an accident. In response,
Mr. Evans clarified the issue by stating that in the accident in
which he was involved in 1982 he was required to post a $1,000.00
bond and he paid for the damages out of his,own pocket. Mr. Evans
stated that he was stopped at a stop sign when a vehicle pulled
away from a parking space at the curb and the accident occurred.
He was not moving at the time. Ms. Barnard inquired of Mr. Evans
why he failed to put that information on the application form.
Mr. Evans replied that he was not aware that his license was
suspended due to that accident as he was never notified.
Based on the fact that Mr. Evans was not involved in a moving
traffic violation and he has not had an arrest record since 1976,
Ms. Barnard made a motion that Mr. Evans be granted his taxicab
driver's license subject to his thoroughly and accurately
completing a new license application with the Deputy Controller's
office. Mr. Leszczynski seconded the motion and it carried. Mr.
Vance abstained from voting on this matter.
ACCEPT AND APPROVE EXHIBIT "D" (WORK LETTER AGREEMENT) TO LEASE
AGREEMENT - PALAIS ROYALE
Mr. Richard L. Hill, City Attorney, submitted to the Board for
approval Exhibit "D" (Work Letter Agreement) to the Lease
Agreement between the City of South Bend and Trust No. 30560 as it
relates to the Palais Royale project. It was noted that the Lease
Agreement was approved and executed by the Board of Public Works
on July 1, 1985. Mr. Hill advised the Board that the document
submitted today acknowledges that the developer will spend
$416,362.00 for Palais Royale improvements, with the Lease to
commence upon the completion of the work that will be financed
with that amount of money. He additionally stated that the
Century Center Board of Managers will be engaging in additional
fund raising efforts. Upon a motion made by Mr. Leszczynski,
seconded by Ms. Barnard and carried, Exhibit "D' to the Lease
Agreement, as it relates to the Palais Royale Project, was
approved and executed.
REGULAR MEETING JULY 22, 1985
APPROVE QUIT -CLAIM DEED TRANSFERRING PROPERTY FROM THE CITY OF
SOUTH BEND TO THE PARK DEPARTMENT
Submitted to the%Board for approval wa z Quit -Claim Deed
transferring,a parcel of .land from the City of: South. Bend Board of
Public Works to the Park Department. It was noted that this
property will be used for the fish ladder/hydro-electric project.
Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and
carried, the Quit -Claim Deed transferring the property was:.,
approved.
APPROVE EMPLOYMENT AGREEMENT - GOGOL AND ASSOCIATES
Deputy Mayor Craig Hartzer submitted to the Board for approval an -
Employment Agreement with Gogol and Associates, David Gogol,
President. The Agreement indicates that the Board shall employ
Gogol and Associates to obtain funding for technology capable of
eliminating ethanol odor, to identify alternative and cost
effective solutions for eliminating the ethanol odor, assist in
other City projects relating to the Federal Government and to
assist in monitoring federal legislation that will have an impact
on the City of South Bend. The compensation shall be at the rate
of $1,000.00 per month with the Agreement term being July 1, 1985
through June 30, 1986. Upon a motion made by Mr. Leszczynski,
seconded by Mr. Vance and carried, the Agreement was approved and
executed.
APPROVE PURCHASE AGREEMENT - SALE OF CITY -OWNED PROPERTY AT 1022
NAPIER STREET
In accordance with the bid awarded on June 24, 1985, for the
purchase of the lot at 1022 Napier Street in the amount
of $75.00 to Mr. Carter Buchanan, 121 North Wellington, South
Bend, Indiana, the Purchase Agreement was being submitted at this
time for Board approval: Upon a motiom made by Mr. Vance,
seconded by --Ms. Barnard:and carried, the Purchase Agreement was
approved -and the matter referred to the City Attorneyl[s office for -
drafting of the appropriate Quit -Claim Deed.
AWARD BID AND APPROVE CONSTRUCTION CONTRACT - NHS CURB AND
SIDEWALK REPAIR 1985 PROJECT
In a letter to the Board, Mr. Neil A. Shanahan, Manager, Bureau of
Public Construction, recommended that the Board accept the bid of
LaFree Excavating, Inc., 11252 West Third Street, Osceola,
Indiana, in the amount of $33,899.50. It was noted that bids for
this project were opened by the Board on July 15, 1985. Mr.
Leszczynski fu-rther advised that in accordance with the award of
this bid, a Contract in said amount was being submitted for Board
approval. Upon a motion made by Ms. Barnard, seconded by Mr.
Vance and carried, the above bid was awarded and the Contract
approved, subject to the filing of the appropriate insurance,
Performance Bond and Labor and Materials Payment Bond.
APPROVE CONSTRUCTION CONTRACT - RECONSTRUCTION OF ROOF OF FIRE
STATION NO. 3 (1805 MC KINLEY AVENUE)
Mr. Leszczynski advised that in accordance with the bid awarded on
July 15, 1985, to Midland Engineering Company, 52369 U.S. 33,
North, South Bend, Indiana, in the amount of $17,536.00 for the
above referred to project, a Contract in said amount was being
submitted for Board approval. Upon a motion made by Ms. Barnard,
seconded -by -Mr. Vance and carried, the Contract was approved
subject to the filing of the appropriate Insurance, Performance
Bond and Labor and Materials Payment Bond.
REGULAR MEETING
JULY 22, 1985
APPROVE REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - MATERIALS
FOR MICHIGAN STREET IMPROVEMENT PROJECT
In a letter to the Board, Mr. Joseph J. Pluta, Director, Division
of Engineering, requested that the Board advertise for the receipt
of bids for the above referred to projectas follows:
1. Street light poles and fixtures
2. Traffic signal mast arm and poles
3. Benches
4. Trash receptacles
Mr. Leszczynski advised that this request to advertise for bids
submitted at this time will speed up the project by allowing the
City to supply the above referred to materials to the contractor.
Upon a motion made by Mr. Vance, seconded by Ms. Barnard and
carried, the request was approved.
APPROVE REQUEST OF WOMEN'S INTERNATIONAL LEAGUE FOR PEACE AND
FREEDOM TO CONDUCT "INTERNATIONAL SHADOW PROJECT 1985" - AUGUST 6,
1985
Mr. Leszczynski advised that the Bureau of Traffic and Lighting,
Police Department Traffic Division and Office of Community Affairs
have reviewed the above referred to request which was submitted to
the Board on July 15, 1985, and recommend approval subject to the
following:
- The sponsor must advise the Bureau of Traffic and
Lighting as to what type of substance will be used
to draw shadows on the sidewalks;
- Shadows must be removed from the sidewalks within one
(1) week;
- Sponsor must advise the Bureau of Traffic and Lighting
of the method of removal of the shadows;
Downtown pedestrians must not be harassed;
- The project must be handled in an orderly manner. -
Upon a motion made by Ms. Barnard, seconded by Mr. Leszczynski and
carried, the recommendations were accepted and the"request
approved subject to the compliance of the recommendations as
listed above.
DENY REQUEST OF ZION UNITED CHURCH OF CHRIST TO ERECT PERMANENT
DIRECTIONAL SIGN
Mr. Leszczynski advised that the Bureau of Traffic and Lighting,
Police Department Traffic Division and Building Department have
reviewed the request of the Zion United Church to erect a'
permanent directional sign on the parkway of the 200 block of
South St. Louis Boulevard, said request submitted to the Board on
June 10, 1985, and recommend denial. Denial is based on the fact
that only emergency related signage is allowed in the public
right=of-way. As directional signs to privately owned
institutions are not allowed, it is recommended that the church
consider securing permission from the appropriate property owner
and installing the sign on private property. Therefore, upon a
motion made by Mr. Leszczynski, seconded by Ms. Barnard and
carried, the recommendation was accepted and the request denied.
APPROVE REOUEST OF SOUTH BEND SHRINE CLUB TO BARRICADE SIDEWALKS
AT 126 W. MARION STREET FOR ANNUAL CORN ROAST - AUGUST 10, 1985
In a letter to the Board, Mr. David B. Weisman, 322 West
Washington Avenue, South Bend, Indiana, on behalf of the South
Bend Shrine Club, Inc., requested permission to barricade the
REGULAR MEETING
JULY 22, 1985
sidewalks on the north and west sides (southeast corner of Main
and Marion Streets) of the Shrine building at 126 West Marion
Street on August 10, 1985 from 2:00-8:00 p.m. for their annual
corn roast. Mr. Leszczynski advised that the Bureau of Traffic
and Lighting has reviewed this request and recommends approval..
Therefore, upon a motion made by Ms. Barnard, seconded by Mr.
Vance and carried, the recommendation was accepted and the request
approved.
APPROVE REQUEST TO CLOSE STREET FOR PRIVATE PARTY
Mr. Leszczynski advised that the Board ,of Public Works has
received a request from Frankie Wright, 726 South Wellington
Street, South Bend, Indiana, requesting that Wellington Street,
from Ford to Bellevista be closed from 4:00 p.m. to 11:00 p.m. on
August 24, 1985, for a party given for the.members of the
"Wellington Street Crew", a group of neighborhood young people,
as well as other youngsters in the neighborhood. Mr. Leszczynski
further advised that this request has been reviewed by the Bureau
of Traffic and Lighting and the Police Department Traffic
Division. Based on their review and recommendations, upon a
motion made by Mr. Leszczynski, seconded by Ms. Barnard and
carried, the request to close the street to conduct this private
party was approved.
APPROVE REQUEST OF PRO HEALTH OF SAINT JOSEPH'S MEDICAL CENTER TO
CONDUCT 5TH ANNUAL SPORTSMED 10K WEEKEND - OCTOBER 6, 1985
Mr. Leszczynski advised that the Bureau of Traffic and Lighting
and the Police Department Traffic Division have reviewed the
request of Pro Health of Saint Joseph's Medical Center to conduct
the 5th Annual Sportsmed 10K Weekend, said request submitted to
the Board on July 15, 1985, and recommend approval. Upon a motion
made by Ms. Barnard, seconded by Mr. Leszczynski and carried, the
recommendation was accepted, the request approved and the Clerk
instructed to prepare the appropriate Agreement between the
sponsor and the City for this event.
APPROVE REQUEST TO LOCATE TEMPORARY TRAILERS - BRITE-WAY SALES
(202 EAST IRELAND ROAD)
Mr. Leszczynski advised that Mr. Jerold S. Lieb, Corporate
Secretary and Agent for Owner Mr. Sid Glick, requested permission
to temporarily locate three (3) trailers on the property of
Brite-Way Sales, 202 East Ireland Road, South Bend, Indiana. Mr.
Lieb advised that he is in the process of selling the trailers.
Mr. Leszczynski further advised that this request has been
reviewed by the Bureau of Traffic and Lighting and the Building
Department. Based on the recommendations of those departments,
upon a motion made by Ms. Barnard, seconded by Mr. Leszczynski,
and carried, the request was approved for a period of three (3)
months and subject to the trailers being moved to the rear of the
premises.
APPROVE LICENSE APPLICATION - OPEN AIR STAND
Mr. Leszczynski advised that the following license application has
been received:
NAME: John's
BY: John Myers
ADDRESS: 1514 North Brookfield
STAND TO BE LOCATED AT: 1107 Lincolnway West
DATES: July 29, 1985-Oct. 29, 1985
FOR THE PURPOSE OF: Selling miscellaneous items
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
application. Upon a motion made by Ms. Barnard, seconded by Mr.
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REGULAR MEETING
JULY 22, 1985
Leszczynski and carried, the above license application was
approved with a reminder to the applicant that the stand must be
located on private property and not on the sidewalk or treelawn
area. The matter was referred to the Deputy Controller's' office
for issuance of the appropriate permit.
REQUEST OF NUCLEAR WEAPONS FREEZE CAMPAIGN TO CONDUCT RALLY ON
AUGUST 6, 1985 REFERRED
In a letter to the Board, Mr. Roger Voekler, St. Joseph County,
Nuclear Weapons Freeze Campaign, P.O. Box 521, South Bend,
Indiana, advised that August 6, 1985 marks the 40th anniversary of
the dropping of the atomic bomb on Hiroshima. On that date, the
St. Joseph County NWFC and the South Bend Chapter of Women's
International League for Peace and Freedom would like to jointly
sponsor a rally to be held at 12:00 noon at the River Bend Plaza.
It was noted that the Women's International League for Peace and
Freedom previously requested permission and received approval to
place "shadows" at various locations in downtown South Bend to
mark this event. Upon a motion made by Mr. Leszczynski, seconded
by Ms. Barnard and carried, the request was referred to the Bureau
of Traffic and Lighting, Police Department Traffic Division and
Office of Community Affairs for review and recommendation.
APPROVE CONTRACTORS BONDS
Mr. Melvin Humphrey, Engineering Department, recommended that the
Contractor's Bond for Harold Patty be approved retroactive to July
15, 1985, and the Contractor's Bond for John Bonk be approved
effective July 19, 1985. Upon a motion made by Mr. Leszczynski,
seconded by Mr. Vance and carried, the above Contractors Bonds
were approved.
APPROVE RELEASE OF EXCAVATION BOND
Mr. Melvin Humphrey, Engineering Department, recommended that the
Excavation Bond for DAHCO Excavation, Inc. be released effective
August 17, 1985. Upon a motion made by Mr. Leszczynski, seconded
by Mr. Vance and carried, the Excavation Bond was released.
FILING OF CERTIFICATE OF INSURANCE
Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and
carried, the Certificate of Insurance for Ritschard Bros., Inc.
and Carmelo, Donald & Fred Ritschard, 1204 West Sample Street,
South Bend, Indiana, was accepted and filed.
FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORT
A report from the Department of Code Enforcement indicating a
total of one -hundred seventy (170) properties cleaned from July
15, 1985 thru July 19, 1985 was submitted. Upon a motion made by
Mr. Leszczynski, seconded by Mr. Vance and carried, the report as
submitted was filed.
APPROVE CLAIMS
Mr. John Ferguson, Acting Executive Director, St. Joseph County
Job Training Program submitted a list containing twenty-four (24)
claims and recommended approval. Additionally, Deputy City
Controller Carol M. Sanders submitted Claim Docket No. 16213
through Claim Docket No. 16876 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.
REGULAR MEETING
JULY 22, 1985
ADJOURNMENT
There being no further business to come before the Board, upon a
motion made by Mr. Leszczynski, seconded by Ms. Barnard and
carried, the meeting adjourned at 9:56 a.m.
ohn E. Leszcz
Katherine G. Ba nard
Michael L. ance
ATTEST:
J6/)L/YA'4-V21
Sandra M. Parmerlee, Clerk