HomeMy WebLinkAbout09/16/85 Board of Public Works MinutesREGULAR MEETING
SEPTEMBER 16, 1985
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The regular meeting of the Board of Public Works was convened at
9:34 a.m. on Monday, September 16, 1985, by President John E.
Leszczynski, with Mr. Leszczynski and Ms. Katherine G. Barnard
present. Board member Michael L. Vance was not in attendance.
Also present was Assistant City Attorney Carolyn V. Pfotenhauer.
APPROVE MINUTES OF PREVIOUS MEETING
Upon a motion made by Ms. Barnard, seconded by Mr. Leszczynski
and carried, the minutes of the September 9, 1985, regular
meeting of the Board were approved.
PUBLIC HEARING AND FAVORABLE RECOMMENDATION - ALLEY VACATION: 1ST
N/S ALLEY WEST OF PORTAGE AVENUE RUNNING N. FROM THE N.
RIGHT-OF-WAY LINE OF KING STREET TO THE 1ST INTERSECTING E/W
ALLEY
This was the date set for the Board's Public Hearing on a
proposed alley vacation described as the first north/south alley
west of Portage Avenue running north from the north right-of-way
line of King Street to the first intersecting east/west_alley;
for a distance of one hundred eighteen feet (1181), bounded on
the west by lot 7 of Poli's first addition, and on the east by
lot A of the Victory Addition.
It was noted that this Public Hearing was being held in order for
the Board to submit a recommendation to the Common Council
concerning the Vacation Petition filed by Jeanette Slaby, 1321
King Street, South Bend, Indiana and 1st Source Corporation,
Larry E. Lentych, Treasurer, 1431 Portage Avenue, South Bend,
Indiana. It was further noted that pursuant to South Bend
Municipal Code Section 18.53.8, owners whose property abut the
proposed alley to be vacated were notified of the Board's Public
Hearing date.
There being no one present wishing to speak either for or against
the proposed alley vacation, and no written objections having
been filed with the Board, upon a motion made by Mr. Leszczynski,
seconded by Ms. Barnard and carried, the Public Hearing on this
matter was closed.
Mr. Leszczynski advised that favorable comments have been
received from the Engineering Department and Area Plan Commission
concerning this proposed alley vacation.
Therefore, upon a motion made by Mr. Leszczynski, seconded by Mr.
Ms. Barnard and carried, the Clerk was instructed to forward to
the Common Council a favorable recommendation on the above.
referred to alley vacation subject to any and all utility
easements.
APPROVE DOCUMENTS RELATING TO THE PALAIS ROYALE PROJECT:
1. FIRST AMENDMENT TO LEASE WITH TRUST NO. 30560
2. GRANT AGREEMENT BETWEEN THE CITY OF SOUTH BEND AND
SOUTHOLD HERITAGE FOUNDATION, INC.
3. ESCROW AGREEMENT WITH NATIONAL BANK & TRUST COMPANY OF
SOUTH BEND, CITY OF SOUTH BEND, SOUTHOLD HERITAGE
FOUNDATION, INC., AND TRUST NO. 30560 - PALAIS ROYALE
4. CONSENT TO AND ACKNOWLEDGMENT OF ASSIGNMENT AND
AGREEMENT TO SUBORDINATE LEASE TO MORTGAGE
Mr. Richard L. Hill, City Attorney, was present at the meeting
and advised the Board that the above referred to documents are a
continuation of the implementation of the Palais Royale Project.
He stated that previously the Board approved the lease of 21,000
square feet constituting expansion of the Morris Civic Auditorium
into the Palais Royale structure.
The donation of private funds of $231,000.00 will constitute a
loan with the parties to that loan being Southold Heritage
Foundation and owners of the facility.
00 Gw'
REGULAR MEETING SEPTEMBER 16, 1985
The First Amendment indicates that the Lease Agreement has been
modified to correct the amount of the loan from $241,112.00 to
$231,112.00 as well as reducing the first rental payment to be
consistent with the amount of the loan repayment by the owner to
Southold. For the first four (4) years, the City agrees to pay a
rental cost of $111,247.21 payable in advance in one installment
of $7,425.21 as the initial rental installment on the date the
lease term begins and thereafter in equal monthly installments
of $9, 438.36.
The Grant Agreement grants funds to Southold for the purpose of
entering into a loan with the owner to enable the performance of
rehabilitation activities.
The Escrow Agreement between the National Bank and Trust Company
of South Bend, South Bend Heritage Foundation, Inc., d/b/a South
Bend Heritage Foundation, Inc., the City of South -Bend and Trust
No. 30560 is needed to record loan proceeds and allow draws on it
until construction is completed as well as to facilitate the
disbursement of the grant funds. The Agreement further states
that Trust No. 30560 is providing $185,250.00 for the Project and
its funds shall also be used to pay draw requests for the
Project.
The Consent to and Acknowledgement of Assignment and Agreement to
Subordinate Lease to Mortgage form provides for the conditional
assignment of all rents and income payable by the City under the
Lease Agreement and consents to and approves of such assignment.
The City agrees that the Lease Agreement and the rights of the
City thereunder, shall be subject and subordinate to the lien of
the mortgage granted by the Trust to Southold Heritage and to all
rights therein granted to Southold Heritage with respect to any
and all loans made by Southold Heritage to the Trust. Further
the first rental amount in the lease is reduced to correspond
with the first loan repayment. The loan repayment will come back
to the City to reduce the rental amount.
Mr. Hill took this opportunity to thank the Southold Heritage
Foundation for their cooperation and part in this project.
Upon a motion made by Ms. Barnard, seconded by Mr. Leszczynski
and carried, the above referred to documents were approved and -
executed.
APPROVE DEFERRED COMPENSATION PROGRAM CONTRACT DOCUMENTS:
1. CITY ADMINISTRATIVE AGREEMENT
2. PLAN DOCUMENT
3. MASTER APPLICATION FOR GROUP FLEXIBLE FUND RETIREMENT
CONTRACT TO NATIONWIDE LIFE INSURANCE COMPANY
Mr. Leszczynski advised that the above referred to documents have
been submitted to the Board for approval. The documents relate
to the City of South Bend's participation in the United States
Conference of Mayors Deferred Compensation Plan. The approval of
the documents today begins the City's participation in the plan
and allows for the payroll deduction of funds which will be tax
deferred for City employees desiring to enroll in the program.
Upon a motion made by Ms. Barnard, seconded by Mr. Leszczynski
and carried, the above referred to documents were approved and
executed.
APPROVE ST. JOSEPH COUNTY JOB TRAINING PROGRAM AGREEMENT FOR
LEGAL SERVICES OF A DEPUTY CITY ATTORNEY
Mr. Leszczynski advised that the St. Joseph County Job Training
Program has submitted a Fixed Cost Agreement to be entered into
with the City of South Bend. The Agreement, which provides for
the retention of the services of a Deputy City Attorney for
advice and assistance on legal matters relating to the conduct of
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REGULAR MEETING
SEPTEMBER 16, 1985
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the JTP Program is in the amount of $3,600.00 and is for the
period July 1, 1985 through June 30, 1986. The Agreement further
states that the services, up to a maximum of six (6) hours per
month, will be available for a fixed fee of $300.00 per month
during this period. Legal services exceeding the $300.00 limit
may be available at a rate of $50.00 per hour pending the
approval of the JTP Board of Directors. Upon a motion made by
Ms. Barnard, seconded by Mr. Leszczynski and carried, the
Agreement was approved and executed.
APPROVE CONTRACTS - CAR WASHES FOR CITY VEHICLES
Pursuant to the awardof bids on September 3, 1985 to Hi -Speed
Auto Wash, 609 East LaSalle Avenue, South Bend, Indiana and Don's
Marathon & Car Wash, 1836 South Michigan Street, South Bend,
Indiana, Contracts for said services were submitted to the Board
for approval. Upon a motion made by Mr. Leszczynski, seconded by
Ms. Barnard and carried, the Contracts were approved and
executed.
APPROVE AND ACCEPT:
1. DEDICATION OF PUBLIC RIGHT-OF-WAY - S.E. CORNER OF
PORTAGE AVENUE AND INDIANA TOLL ROAD
2. EASEMENT AND RIGHT-OF-WAY (PART OF N.W. QUARTER
OF SECTION 27, T. 38 N., R. 2 E.
Mr. Kenneth P. Fedder, Attorney -at -Law, 300 First Bank Building,
205 West Jefferson Boulevard, South Bend, Indiana, was present on
behalf of his client Mr. Numan Amouri.
Mr. Fedder stated that Mr. Amouri is in the process of
constructing a retail center at the S.E. corner of Portage and
Indiana Toll Road. A review of his client's petition by the Area
Plan Commission reflected the need for a Dedication of Public
Right -of -Way at the S.E. corner of Portage Avenue and the Indiana
Toll Road. That document has been prepared and is being
submitted to the Board at this time for acceptance and approval.
Further, as requested by the City Engineering Department, Mr.
Fedder submitted an Easement and Right -of -Way for part of the
Northwest Quarter of Section 27, T. 38 N., R. 2 E., German
Township, St. Joseph County, Indiana, more particularly described
in the legal description contained in the Easement. The parcel
of property will be used as an Utility Easement to the City of
South Bend for a sanitary sludge line being fifteen feet (15') in
width along and adjacent to the entire North line of the
property.
In response to Mr. Fedder's inquiry of whether a ten foot (10')
set -back would be adequate, Mr. Leszczynski advised that the City
typically requires a minimum of a fifteen foot (15') setback and
in this case those requirements would be necessary.
Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard
and carried, the above referred to documents were accepted and
approved.
ADOPTION OF RESOLUTION NO. 21-1985 - DISPOSAL OF OBSOLETE
VEHICLES (POLICE AND FIRE DEPARTMENTS)
The following Resolution No. 21-1985 authorizes the disposal of
vehicles at a public auction which will be held on October 5,
1985 at 9:00 a.m. in the parking lot behind the Central Police
Station at 701 West Sample Street. The vehicles to be disposed
of are from the Police Department and Fire Department fleets and
are no longer fit for service within those departments. It was
noted that forty-seven (47) of the vehicles are from the Police
Department and four (4) are from the Fire Department. Upon a
motion made by Ms. Barnard, seconded by Mr. Leszczynski and
carried, the following Resolution was adopted:
REGULAR MEETING
SEPTEMBER 16, 1985
RESOLUTION NO. 21-1985
WHEREAS, it has been determined by the Board of Public.,,
Works that the city -owned vehicles listed on the attached
sheet are obsolete and no longer needed or are unfit for
the purposes for which they were intended.
WHEREAS, Indiana Code 36-1-11-6 permits the sale of
personal property no longer needed or obsolete.
NOW, THEREFORE, BE IT RESOLVED by the Board of Public
Works of the City of South Bend that the fifty-one (51)
vehicles shown on the attachment to this Resolution are
obsolete and not needed by the City of South Bend.
BE IT FURTHER RESOLVED that the Bureau of Vehicle
Maintenance be authorized to dispose of said vehicles at a
public auction in accordance with state law and to there-
after remove same from the City Vehicle Inventory.
ADOPTED this 16th day of September, 1985.
BOARD OF PUBLIC WORKS
s/John E. Leszczynski
s/Katherine G. Barnard
ATTEST:
s/Sandra M. Parmerlee, Clerk
SOUTH BEND POLICE DEPARTMENT VEHICLES TO BE SOLD
MECH #
YEAR
MAKE
SERIAL #
MILEAGE
1.
634
1983
Chev
lGlAW6991DR201391
94,066
2.
635
1983
Chev
lGlAW6991DR201455
98,469
3.
636
1983
Chev
lGlAW6996DR201239
98,545
4.
638
1983
Chev
lGlAW6999DR210378
90,532
5.
641
1983
Chev
lGlAW6992DR201030
72,607
6.
647
1983
Chev
lGlAW6993DR201098
90,513
7.
648
1983
Chev
lGlAW6992DR201514
93,690
8.
652
1983
Chev
lGlAW6993DR201361
99,555
9.
653
1983
Chev
lGlAW6998DR201470
91,549
10.
656
1983
Chev
lGlAW6996DR201502
92,213
11.
658
1983
Chev
lGlAW6994DR201143
88,466
12.
659
1983
Chev
lGlAW6996DR201189
64,740
13.
660
1981
Chry
2C3BM46F7BR152614
81,149
14.
661
1981
Chry
2C3BM46F6BR152622
107,282
15.
662
1981
Chry
2C3BM46F4BR152604
76,552
16.
663
1981
Chry
2C3BM46F2BR152598
83,192
17.
665
1980
Dodge
NL41CAF213531
64,472
18.
666
1980
Dodge
NL41CAF213520
51,256
19.
667
1980
Dodge
NL41CAF213525
81,052
20.
669
1981
Chry
2C3BM46F8BR152606
113,043
21.
675
1980
Dodge
NL41CAF213533
74,680
22.
677
1981
Chry
2C3BM46F4BR152621
81,412
23.
679
1980
Dodge
NL41CAF213507
90,677
24.
680
1978
Pont
2Y69A8W121455
84,302
25.
681
1978
Pont
2Y69A8W131464
81,604
26.
684
1978
Pont
2Y69A8W121435
56,247
27.
686
1979
Ford
9H27F133060
98,020
28.
687
1979
Ford
9H27F131906
77,889
29.
688
1980
Dodge
NL41CAF213532
91,210
30.
689
1978
Pont
2Y69A8W121497
63,943
31.
691
1978
Pont
2Y69A8W120915
72,292
32.
693
1980
Ford
OE91A164987
44,894
33.
694
1980
Ford
OE91A164988
64,983
34.
698
1979
Ford
9H27F140460
76,539
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REGULAR MEETING SEPTEMBER 16, 1985
POLICE DEPARTMENT VEHICLES, CONTINUED
MECH # YEAR MAKE SERIAL # MILEAGE
35. 699 1979 Ford 9H27F131902 93,811
36. 702 1981 Chry 2C3BM46F4BR152635 95,643
37, 703 1981 Chry 2C3BM46FOBR152633 70,111
38. 705 1980 Dodge NL41CAF213514 78,724
39. 706 1980 Dodge NL41CAF213519 76,566
40. 707 1980 Dodge NL41CAF213508 64,160
41. 711 1981 Chry 2C3BM46F7BR152631 78,256
42. 712 1981 Chry 2C3BM46F7BR152628 63,278
43. 713 1981 Chry 2C3BM46F6BR152636 72,817
44. 714 1979 Ford 9H27F131889 56,053
45. 731 1976 Plym HP29C6B381087 97,056
46. CD-4 1975 Chev 1L89L7J300173 110,977
47. CD-3 1975 Ford 4W53H133660 100,419
SOUTH BEND FIRE DEPARTMENT VEHICLES TO BE SOLD
YEAR MAKE SERIAL # MILEAGE
1. 1977 Chev 1X69U7W202311 53,884
2. 1980 Dodge NL41CAF213505 19,205,
3. 1979 Ford 9H27F131888 86,091
4. 1979 Ford 9H27F121892 73,161
AWARD BID AND APPROVE CONSTRUCTION CONTRACT - SOUTH STREET CURB
IMPROVEMENTS PROJECT
In a letter to the Board, Mr. Neil A. Shanahan, Manager, Bureau
of Public Construction, recommended that the Board accept the
bid of L. L. Geans & Sons, Inc., 1721 North Home Street,
Mishawaka, Indiana, in the amount of $56,052.50. It was noted
that L.L. Geans submitted a bid of $56,053.00 but that figure
contained an error and was corrected to read $56,052.50. It was
noted that bids for this project were opened by the Board on
September 3, 1985. Mr. Leszczynski further 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
Mr. Leszczynski, seconded by Ms. Barnard and carried, the above
bid was awarded and the Contract approved, and the appropriate
insurance, Performance Bond and Labor and Materials Payment Bond
were accepted for filing as submitted.
APPROVE REQUEST TO ADVERTISE FOR RECEIPT OF BIDS - PARKING LOT
WALKWAYS AND PLANTERS PROJECT
In a letter to the Board, Mr. Neil A. Shanahan, Manager, Bureau
of Public Construction requested that the Board advertise for the
receipt of bids for the above referred to project. Mr. Shanahan
advised that the project entails landscaping and the construction
of planters and walkways at 117 North Michigan Street. Upon a
motion made by Ms. Barnard, seconded by Mr. Leszczynski, and
carried, the request was approved.
APPROVE CHANGE ORDER NO. 1 (FINAL) AND PROJECT COMPLETION
AFFIDAVIT - CHAPIN STREET CURB AND WALK IMPROVEMENTS PHASE I
PROJECT
Mr. Leszczynski advised that Geyer Construction & Development
Company, 67475 Kenilworth Road, Lakeville, Indiana, has submitted
Change Order No. 1 (Final) indicating that the contract amount be
decreased.by $8,233.30 for a new contract sum including this
Change Order in the amount of $36,090.70. Additionally submitted
was the Project Completion Affidavit indicating this new final
cost. Upon a motion made by Mr. Leszczynski, seconded by Mr.
Vance and carried, Change Order No. 1 (Final) and the Project
Completion Affidavit were approved subject to the filing of the
appropriate three-year Maintenance Bond.
REGULAR MEETING
SEPTEMBER 16, 1985
APPROVE REQUEST OF SINAI SYNAGOGUE FOR PARKING RESTRICTIONS FOR
HIGH HOLY DAYS - SEPTEMBER 16, 17 & 25, 1985
In a letter to the Board, Hugh L. Metzger, President, Sinai
Synagogue, 1102 East LaSalle Avenue, South Bend, Indiana,
requested parking restrictions in the vicinity of the Sinai
Synagogue, located on East LaSalle Street on September 16, 17 and
25, 1985, as the synagogue will be celebrating the High Holy
Days. Mr. Leszczynski advised that the Bureau of Traffic and
Lighting and the Police.Department Traffic Division have reviewed
this request and recommended approval. Therefore, upon a motion
made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the
recommendation was accepted and the request approved.
APPROVE TRAFFIC CONTROL DEVICES
Upon a motion made by Ms. Barnard, seconded by Mr. Leszczynski
and carried, the following three (3) traffic control devices were
approved:
1. REMOVAL OF NO PARKING, REVISED TO OPEN PARKING -
507 W. Western. (Parking spaces (2) needed
for Business.)
2. NEW INSTALLATION, NO PARKING ANYTIME -
1900 - 2700 S. New Energy Drive. (Requested
by Police Department.)
3. NEW INSTALLATION, NO PARKING ANYTIME -
3200 - 4000 W. Calvert, North side and South
side. (Requested by Police Department.)
APPROVE RELEASE OF CONTRACTORS BONDS
Mr. Melvin Humphrey, Engineering Department, recommended that the
Contractor's Bond for Mrs. Eugene Williams be released effective
December 1, 1985 and the Contractor's Bond for Richard B. Gosbin
be released effective September 16, 1985. Upon a motion made by
Mr. Leszczynski, seconded by Ms. Barnard and carried, the
recommendation was accepted and the bonds released.
APPROVE HANDICAPPED PARKING PERMIT
Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard
and carried, the following one (1) handicapped parking permit
application was approved and referred to the Deputy Controller's
office for issuance of a permit:
Lillian Butterworth, 222 S. Taylor, S.B.
REQUEST FOR DESIGNATED HANDICAPPED PARKING SPACE AT 222 SOUTH
TAYLOR STREET REFERRED
Ms. Irene M. Engel, Casemanger, Real Services, 622 North Michigan
Street, P.O. Box 1835, South Bend, Indiana, on behalf of Mrs.
Lillian Butterworth, 222 South Taylor Street, South Bend,
Indiana, requested a designated handicapped parking space in
front of Mrs. Butterworth's home, as she lives one block from the
Indiana Employment Security Division offices and other
professional offices located along the 100 and 200 block of South
Taylor Street and is very often not able to park in front of her
residence. Mrs. Butterworth has severe chronic arthritic
condition and is under doctors care for her condition. Further,
she needs Specialized Transportation System services and the van
is not able to find adequate parking close to her home. Upon a
motion made by Mr. Leszczynski, seconded by Ms. Barnard and
carried, the request as submitted was referred to the Bureau of
Traffic and Lighting and the Police Department Traffic Division
for review and recommendation.
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REGULAR MEETING
SEPTEMBER 16, 1985
FILING OF --ENVIRONMENTAL CLEAN-UP OF LOTS REPORT
A report from the Department of Code°Enforcement indicating -a
total of eighty-three (83) properties cleaned from September 9,
1985 to September 13,-198-5, was submitted: -Upon a motion made by
Ms. Barnard, seconded by Mr. Leszczynski--and carried, the report
as submitted was filed.
FILING OF HUMANE SOCIETY REPORT - AUGUST
The Humane"'Soc ety'teport for the month of August indicated the
following matters handled for the City of South Bend:
DOGS HANDLED: 275
CATS HANDLED: 233
OTHER ANIMALS HANDLED: _92 _
BITE CASES HANDLED: 15
COMPLAINTS HANDLED: 287
Upon a motion made by Ms. Barnard, seconded by Mr. Leszczynski
and carried, the above report as submitted was accepted and
filed.
FILING OF CERTIFICATE OF INSURANCE
Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard
and carried, -the Certificate of Insurance for Edward J. White,
Inc., 1011 South Michigan Street, South Bend, Indiana, was
accepted and filed.
APPROVE CLAIMS
Deputy City Controller Carol M. Sanders submitted Claim Docket
No. 20485 through Claim Docket No. 21098 and recommended
approval. Upon a motion made by Ms. Barnard, seconded by Mr.
Leszczynski and carried, the claims were approved"and the report
filed.
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 9:58 a.m.
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C ; 6n—E szczy s i
JJAI
Katherine G. rnard
ATTEST:
Sandra M. Parmerlee, Clerk