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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. 1 1 M11 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