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HomeMy WebLinkAbout10/28/85 Board of Public Works Minutes�_� REGULAR MEETING OCTOBER 28, 1985 The regular meeting of the Board of Public Works was convened at 9:37 a.m. on Monday, October 28, 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 AGENDA ITEM-_1DDEb Upon a motion made -by Mr. Leszczynski, seconded by'Ms."Barnard and carried, an Agreement for Services of Corp6iat-on Counsel was added to the agerida _ APPROVE MINUTES OF PREVIOUS MEETING Upon a mbt bii-E de'Mr"' Vance, seconded by Ms. Barnard and carried, the minutes of the October 21, 1985, regular meeting of the Board were approved. OPENING OF BIDS - OLIVE STREET & S.R. 23 INTERSECTION IMPROVEMENTS PROJECT This was the date set for receiving and opening of sealed bids for the above referred to project. The Clerk tendered proofs of publication of Notice in the South Bend Tribune and the Tri-County News which were found to be sufficient. The'followinq J' bids were opened and publicly read: RIETH-RILEY CONSTRUCTION CO., INC. P.O. Box 1775 South Bend, Indiana 46634 Bid was signed by R.L. McCormick, Supt., Affidavit was in order and a 5% Bid Bond WALSH & KELLY-, INC. 24358 State Road 23 South Bend, Indiana 46614 Bid was signed by Thomas 0. Walsh, President and John R. Quinn, Assistant"Secretary, Non -Collusion Affidavit was in order and a 5% Bid Bond was submitted. $119,870.10 Non -Collusion was submitted. $129,124.92 ZIOLKOWSKI CONSTRUCTION, INC. $132,469.50 1005 South Lafayette Blvd. P.O. Box 1106 South Bend, Indiana 46624 Bid was signed by Ben Ziolkowski, President and Roberta Ziolkowski, Secretary, Non -Collusion Affidavit was in order and a 5% Bid Bond was submitted. Mr. Leszczynski advised that this project entails the installation of traffic signals and the widening of the intersection of Olive and State Road 23 and has an Engineer's Estimate of $117,645.00. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and, carried, the above bids were referred to the Engineering Department for review and recommendation. OPENING AND AWARD OF BIDS - SALE OF ABANDONED VEHICLES This was the date set for the receiving and opening of sealed bids for the sale- of `approximately fourteen (14) abandoned vehicles, which have been stored at Steve and Gene's Auto & Truck Salvage and Repair, 3109 South Gertrude Street, South Bend, Indiana. The Clerk tendered proofs of publication of Notice in the South Bend Tribune and the Tri-County News which were found to be sufficient. The following bid was opened and publicly read: V REGULAR MEETING OCTOBER 28, 1985 Mr. Gene Hancz Steve & Gene's Auto Truck Salvage 3109 S. Gertrude, P.O. Box 2883 South Bend, Indiana 46680 Vehicle Nos. 1 $10.75 Vehicle Nos. 8 $10.75 2 10.75 9 16.75 3 16.75 10 16.75 4 16.75 11 16.75 5 21.75 12 16.75 6 18.75 13 16.75 7 16.75 14 10.75 Only one (1) bid having been received, upon a motion made by Ms. Barnard, seconded.by Mr. Vance and carried, the above referred to bid was awarded. OPENING AND AWARD OF BIDS - SALE OF CITY -OWNED PROPERTY: 1039 LA SALLE COURT 1041 LA SALLE COURT 1024 & 1024 1/2 OAK STREET 812 WEST NAPIER 1511 MARIETTA STREET - NORTHWEST CORNER OF LINCOLNWAY-WEST AND CHAPIN (INNERBELT) Mr. Leszczynski advised that this was the date set for the receiving and opening of sealed bids for the sale of City -owned property referred to above. The Clerk tendered proofs of publication of Notice in the South Bend Tribune and the Tri-County News which were found to be sufficient. The following bids were received: 1039 & 1041 LA SALLE COURT Mr. Leszczynski advised that Ms. Denise Jacobson, 1045 La Salle Court, South Bend, Indiana, submitted a sealed bid offering $100.00 for the property located at 1039 La Salle Court and $100.00 for the property located at 1041 La Salle Court. It was noted that each property was appraised at $245.00. Upon a motion made by Ms. Barnard, seconded by Mr. Leszczynski and carried, the offers of $100.00 each for the above referred to properties were accepted and the matter referred to the City Attorney's office for the drafting of the appropriate Purchase Agreements. 1024 & 1024 1/2 OAK STREET As no bids were received for the purchase of this property, upon a motion made by Ms. Barnard, seconded by Mr. Vance and carried, the Clerk was instructed to communicate with the individual who had originally expressed an interest in purchasing this property and negotiate a sale. 812 WEST NAPIER Mr. Leszczynski advised that one bid has been received for the purchase of this property from Mr. Levester Buckingham, 5003 West Washington Street, South Bend, Indiana, in the amount of $165.00. It was noted that this property has an appraisal value of $265.00. Upon a motion made by Mr. Vance, seconded by Ms. Barnard and carried, the bid as submitted was accepted and approved and the matter referred to the City Attorney's office for the drafting of the appropriate Purchase Agreement. 1 REGULAR MEETING OCTOBER 28, 1985 e �� 0 1511 MARIETTA STREET As no bids were received for the purchase of this property, upcn.a motion,made by Ms. Barnard,,seconded by Mr. Vance and carried, the Clerk was instructed to communicate with the individual who originally expressed an.inter,est in purchasing this property and negotiate a sale. NORTHWEST CORNER OF LINCOLNWAY WEST AND CHAPIN (INNERBELT) Mr. Leszczynski advised that one (1) bid for the purchase of this property has been received from Mr. Daniel L. Idema, President, American Plasma Management, Inc., 4764 South 9th East, Salt Lake City, Utah, offering to purchase the above referred to property for two -thousand dollars ($2,000.00) subject to the Board of Zoning Appeals granting a variance under Section 21-109(a)(10) of the Municipal Code permitting American Plasma to use the property for purposes of additional off-street parking in conjunction with its commercial business located at 515 Lincolnway West. The bid further stated that if this offp.r ;to purchase is not accepted and variance granted on or before December 31, 1985, the offer shall terminate. It was noted that the property was appraised at $315.00. Upon a motion made by Ms. Barnard, seconded by Mr. Vance and carried, the offer as submitted was accepted and approved and the matter referred to the City Attorney's office for the drafting of the appropriate Purchase Agreement. APPROVE 1986 HOLIDAY SCHEDULE FOR CITY EMPLOYEES Mayor Roger O. Parent submitted to the Board for approval the following 1986_holiday schedule for City employees: NEW YEAR'S DAY MARTIN LUTHER KING, JR.'S BIRTHDAY WASHINGTON'S BIRTHDAY GOOD FRIDAY (One-half Day) MEMORIAL DAY INDEPENDENCE DAY LABOR DAY VETERAN'S DAY THANKSGIVING DAY DAY AFTER THANKSGIVING CHRISTMAS DAY DAY AFTER CHRISTMAS WEDNESDAYI..JANUARY 1, 1986 MONDAY, JANUARY 20, 1986 MONDAY, FEBRUARY 17,.1986 FRIDAY, MARCH 28, 1986 MONDAY, MAY 26, 1986 FRIDAY, JULY 4, 1986 MONDAY, SEPTEMBER 1, 1986 TUESDAY, NOVEMBER 11, 1986 THURSDAY, NOVEMBER 27, 1986 FRIDAY, NOVEMBER 28, 1986 THURSDAY, DECEMBER 25, 1986 FRIDAY, DECEMBER 26, 1986 Mayor Parent indicated that the 1986 holiday schedule contains eleven and one-half (11 1/2) days which is the same as the current 1985 holiday schedule. He further. stated that the scheduled submitted today is consistent with the holidays observed by the private sector. He noted that the two (2) election days in 1986 will not be considered as City holidays as in the past. He, therefore, requested the approval of the schedule as submitted. It was noted that the Board of Public Safety will be asked to adopt the same holiday schedule for the Fire Department. Upon a motion made by Mr.'Vance, seconded by Ms. Barnard and carried, the above scheduled as submitted by Mayor Parent was accepted and approved. APPROVE AGREEMENT FOR SERVICES OF CORPORATION COUNSEL (CITY ATTORNEY RICHARD L. HILL) Mayor Roger 0. Parent submitted to the Board the above referred to Agreement which provides for the retention of the services of City Attorney Richard L. Hill who submitted his resignation in August. Mayor Parent stated that Mr. Hill is currently working on such major projects as Tax Incremental Financing and the proposed baseball stadium. Further, Mr. Hill has developed an excellent REGULAR MEETING OCTOBER 28, 1985 track record and developed a history and knowledge of various projects that are still going on. Instead of the City trying to hire someone else to come in and work on the projects, the Mayor has asked City Attorney Richard Hill to continue as the City Attorney on a part-time basis. The Agreement submitted to the Board today is for the period November 1, 1985 thru December 31, 19$5_._ For the first ten_(10) hours of services -Mr. Hill provides per week, he will be compensated`'` in the 'amount of four„hundred dollars ($400.00). For services provided beyond ten (10) hours per week, he shall be compensated at the"rate'of seventy-five dollars ($75.00) per hour, to be paid on a biweekly basis, however, said services provided shall not exceed an average of fourteen (14) hours per week during any two-(2) successive bi-weekly periods without the written approval of the Mayor. The Mayor advised that at the end of this Agreement term, it is anticipated that it will either be renewed or a new Agreement will be submitted, said new Agreement to be _y t a erm of six (6) months. The Mayor stated that it is Mr. Hill 's request that to allow flexibility, any future Agreement be for a six (6) month period. Mayor Parent further, advised that Mr. Warren Deahl, Attorney at Law, 10`0 North'Michigan Street, South Bend, Indiana, has reviewed the Agreement for its legality and substance and advised that'it is eminently fair to the City of South Bend and is legally correct. Mayor Parent indicated that this independent review was done is order to avoid any conflict which could result had the Agreement been reviewed internally. Mayor Parent further advised that Assistant City Attorney Eugenia S. Schwartz will take on additional duties in the City Attorney's office by becoming the Managing Attorney of the office and handle day to day affairs of the Legal Department. Mayor Parent informed the Board that the retention of Mr. Hill as a part-time City Attorney, to some extent, goes back to the practice of prior years. He stated that even though he prefers a full-time City Attorney, due to the fact that he has just a little over two (2) years left to his current term as Mayor, and because it would be difficult to recruit for that position at this time, the above referred to Agreement was considered appropriate. Further, Mayor Parent indicated that at the present time Mr. Hill's salary is approximately $41,000.00 with fringe benefits bringing the amount to approximately $50,000.00 for the total package. He stated that he does not know the exact number of hours'Mr. Hill will work but anticipates that they will be the maximum amount of hours allowed under the Agreement. He, therefore, requested that the Board approve the Agreement as submitted. Mr. Vance reiterated that this practice is not unheard of in that in the transition in 1980, then City Attorney Thomas J. Brunner was retained on a contractual basis to continue and complete work on major on -going projects. In response to her inquiry, Mayor Parent advised Ms. Barnard that Mr. Hill will retain the powers and title of City Attorney under this Agreement. Therefore, upon a motion made by Ms. Barnard, seconded by Mr. Vance and carried, the Agreement for Services of Corporation - Counsel as submitted was approved and executed. In response to questions by the news media, Mayor Parent stated that the funding source of Mr. Hill's salary will depend on the project he is working on. Reiterating his comments for the audience, Mayor Parent stated that it is anticipated that another Agreement will be presented at the expiration of the current Agreement and would be for a term of six (6) months. REGULAR MEETING OCTOBER 28, 1985 He further stated that Assistant City Attorney -,Eugenia S. Schwartz will not receive a salary increase at this time for her position as Managing Attorney but will have the title added to her current title. It is anticipated that the Common Council will be asked to establish the new position of Managing City Attorney at some time in the future. In response to a news reporter's question regarding the justification of paying -Mr. Hill a.total amount of $75,000.00 annually for twenty-four (24) hours per week work, Mayor Parent indicated that other attorneys charge a large fee to work on bond issues and suggested that anyone interested should contact the St. Joseph,County Bar Association and other attorneys to find out what they currently charge for their services. Mayor Parent stated that Mr. Deahl, when reviewing the Agreement, indicated that the hourly charge was low and averages to about $60.00 per hour. Mayor Parent stated that perhaps a less experienced attorney may charge less for their services but indicated that it would be difficult to obtain any other experienced attorney for that amount. In further response to inquiries, Mayor Parent and City Controller Michael Vance stated that the fringe benefits Mr. Hill currently receives, but which are not included in the Agreement, are the portion of Social Security which the City pays, the City contribution to the PERF retirement fund, medical insurance and use of a City vehicle. Further, in response to an inquiry about attorneys fees for work on bond issues, Mayor Parent stated that the ,City does not send out the bond work to other firms and stated he does not know the current rates charged by bond attorneys. Further, the bond work done by Mr. Hill will be charged by the hour and not on a percentage basis. When asked if the amount of.time to be spent on the bond issue would be over and beyond the Agreement amount, Mayor Parent replied that it would not. City Controller Michael Vance indicated that the general rule on attorneys fees for work on bond issues at one time was one percent (1%) of the bond issue amount but is most likely higher at this time. Mayor Parent indicated that.by having Mr. Hill handle the matter, the City will actually be saving money. Mayor Parent indicated that Mr. Hill has been the City Attorney for six (6) years and earned an average of $23.00 per hour in that capacity. In response to a reporter's statement that Mayor Parent in previous weeks indicated that Mr. Hill's salary under this Agreement would be kept within the current budgeted amount for the position of City Attorney, Mayor Parent stated that he does not recall ever having made that statement and that there could be the possibility that the amount could go over the: budgeted amount for that position. REINSTATEMENT OF CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR THE OPERATION OF TAXICABS - ROGER D. WOODS, D/B/A ROSELAND CAB COMPANY Deputy City Controller Carol M. Sanders addressed the Board and stated that on October 7, 1985, the Board suspended the Certificate of Public Convenience and:iJecessity for the Operation of Taxicabs for Mr. Roger D. Woods, d/b/a Roseland Cab Company and at that time Mr. Wood's was advised by Board Attorney Carolyn V. Pfotenhauer what would be required in order for his license to be reinstated. Ms. Sanders advised that as of this date, Mr. Woods is in compliance with all of those requirements as set -forth in the Board Attorney's letter to him of October 7, 1985. She further stated that he has returned License Nos. 70 and 72 but cannot find License Nos. 71 and 75. It was noted that License No. 73 0" REGULAR MEETING OCTOBER 28, 1985 was issued to a cab owned by Roseland Cab which has passed inspection by the Bureau of Weights and Measures and the Police Department. Ms. Sanders additionally advised that Mr. Woods has provided the -appropriate Certificate of Insurance as required under the licensing ordinance. As to the matter of permanent signage, Ms. Sanders stated that she has been advised by the Police Department that Mr. Woods utilizes adhesive type signage which is permanent in that it is not transferable and would cause damage to the vehicle should it be removed. Due to Mr. Woods' compliance with licensing requirements, Ms. Sanders requested that the Board reinstate the Certificate of Public Convenience and Necessity to him to operate as the Roseland Cab Company. However, Ms. Sanders advised the Board that complaints have been received indicating that Mr. Woods was operating his business while the license was 'suspended if they desired to take that into consideration in contemplating the reinstatement of his license. Mr. Otto Keres, d/b/a Yellow Cab Company, 710 North Niles Avenue, South Bend, Indiana, was present and advised the Board that Yellow Cab taxicab drivers observed Mr. Woods operating his taxicabs illegally while his license was suspended. Further, he stated that the signage utilized by Mr. Woods is the same signage he has used in the past and is not permanent. Additionally, the taxicabs are not properly numbered. He further indicated that the South Bend Community School Corporation has discontinued use of the Roseland Cab Company. Mr. Keres stated that the drivers employed by Roseland Cab Company have poor driving records and that the Company is illegally monitoring the calls coming into the Yellow Cab Company. Further, he has received numerous complaints from the University of Notre Dame regarding utilization of a flat charge of $8.00 per person. He stated that he advised the University of Notre Dame that it is not the Yellow Cab Company charging that flat rate and it must be another cab company. Mr. Walter Jones, d/b/a Allied Cab Company, 1608 North Sheridan Avenue, South Bend, Indiana, informed the Board that he and Mr. Woods started the Roseland Cab Company some years ago but have since ended that joint endeavor with Mr. Jones now operating the Allied Cab Company. He stated that while Mr. Woods' license was under suspension, he forwarded town calls to him for response. Any calls that he received for a taxicab in South Bend were handled by Allied Cab, and in their inability to respond, were given to the Courtesy Cab Company. Mr. Jones requested that the Board reinstate Mr. Woods' license and allow him to operate. Mr. Larry Miller of the Yellow Cab Company advised the Board that he personally observed Mr. Woods pick up a number of those calls when it was illegal for him to operate. Further, in four (4) of those calls, he picked -up individuals and took them to the airport. Mr. Edward Kreps, 825 North College Street, South Bend, Indiana, advised the Board that he observed the Roseland Cab Company picking up passengers at the Amtrak Station on Saturday, October 26, 1985, in a vehicle marked number 72. Mr. Woods advised that he turned in License No. 72 to the Deputy Controller's office on Friday, October 25, 1985. After further inquiry into this statement, Mr. Kreps stated that he did not see a City license with that number but only the numbers 72 painted on the vehicle itself. In response to Ms. Barnard's inquiries, Mr. Woods advised that currently one (1) taxicab (No. 73 - 1971 Green Chevrolet Impala) has passed the inspections of the Bureau of Weights and Measures and Police Department. He informed the Board that currently three (3) vehicles are covered under the Certificate of Insurance REGULAR MEETING OCTOBER 28, 1985 which he submitted to the Deputy Controllers Office. Ms. Sanders informed the Board that the Bureau of Weightsand Measures and the Police Department inspected the taxicab licensed No. 73 on October 21, 1985. Mr. Woods indicated that he is attemptingto get the three (3) vehicles referred to above ready for inspection but that he wanted to ,get the 1971 Chevrolet approved for operation in anticipation of his license being reinstated and anticipates having the other vehicles ready for operation shortly. Ms. Barnard inquired as to the status of the station wagon which Roseland Cab operates and Mr. Woods advised that the vehicle has been inspected, is properly insured and will be ready for operation within forty-eight (48) hours of the reinstatement of his license. In response to an earlier statement that Mr. Woods was seen operating at the airport, he replied that he is not operating his taxicabs and that he is the only person who has gone to the airport to pick-up a special party of friends of his from Rockford, Illinois, as a favor to them which he has been doing for the last four (4) years. Ms. Barnard inquired about the signage issue and the license requirement that the --letters be painted on the vehicle--and-,be-­- five (5) inches in height. Mr. Leszczynski stated that this license requirement and compliance should be picked -up during the inspections made of the vehicles. Board Attorney Carolyn V. Pfotenhauer stated that the intent of the ordinance requirement concerning signage is that it be of a permanent nature. Ms. Sanders indicated that the adhesive signage utilized by the Roseland Cab Company is of such a nature that it cannot be removed. However, it is within the Board's authority, to require., that letters be painted on the vehicle pursuant to the licensing requirements. Mr. Woods advised he currently uses the same type of signage as the Allied Cab Company and the Yellow Cab Company. Further, he exerted that none of the cab companies have five inch (511) letters painted on their vehicles. He advised that he purchases his signs from the same individual as the Allied Cab Company. Ms. Barnard requested a copy of the inspection reports of the Bureau of Weights and Measures and the Police Department which Ms. Sanders provided to her. Mr. Jones again addressed the Board and advised that the taxicab licensing ordinance was probably written before adhesive signs were available and affirmed that the signs cannot be switched from one vehicle to another. Further, to his knowledge, all taxicab companies use the adhesive decals and do not have painted -on letters. Ms. Barnard inquired as to Mr. Woods prior use of taxicabs without meters. It was noted that that matter was addressed to Mr. Woods in Ms. Pfotenhauer's October 7, 1985 letter to him regarding compliance with licensing requirements. Ms. Sanders stated that the meter in the one (1) taxicab which has been inspected and operated by Mr. Woods is properly installed and approved. Ms. Pfotenhauer asked Mr. Woods if he understands that his central office located in a residential district is permitted only to receive telephone calls and radio those calls to his taxicab drivers and further that the taxicabs cannot be parked and dispatched from the residence. Mr. Woods responded that he understood. In regards to the matter of Roseland Cab Company charging flat rates, Ms. Pfotenhauer advised that in her October 7, 1985, REGULAR MEETING OCTOBER 28, 1985 letter to Mr. Woods,,she advised him that he must ,refrain from charging flat rates -.rather than the rates on file with the Board of Public Works...Mr. Woods indicated that it was -his impression that as long as he filed the flat rates with the Board it would be okay -to charge on,that basis. He further advised that Yellow Cab also utilizes'a flat rate charge. In response, Mr. Keres of the Yellow Cab Company advised that the only flat rate charge utilized by Yellow Cab is $6.00 for Notre Dame students to and from the campus to the airport. Mr. Woods indicated that that is the same rate he charges. Ms. Pfotenhauer inquired of Mr. Keres if the rate is for students only and if student identification is required. He responded that no identification is required. He further stated that a letter indicating the rates being charged is on file with the Board of Public Works. Ms. Pfotenhauer advised that she will review the flat rate issue with Deputy.::City Controller Carol Sanders and the cab companies will be advised. Mr. Woods indicated that by utilizing the flat rate the charge is less than the meter charge. Ms. Pfotenhauer stated that the issue is the fact that Mr. Woods was operating totally without_ the use of a meter. Reiterating, Ms. Pfotenhauer advised she _ will investigate the issue and get back.to all the cab companies Ms. Barnard inquired of Mr. Woods the status of the taxicab operated by Mr. Richard Traxler bearing Roseland Cab signage. Mr. Woods stated -that he,has asked Mr. Traxler to remove the Roseland Cab Company signage as he is at this time not associated with the cab company,. but to date, he has not honored that request. Ms. Pfotenhauer stated that the City will take steps to deal with Mr. Traxler as he is in violation of the ordinance. Ms. Pfotenhauer stated that according to information supplied by Ms. Sanders, only one (1) Roseland Cab Company vehicle is in compliance at this time. In order for Mr. Woods to operate the other vehicles which he owns, he must complete the licensing. requirement process with the Deputy Controller's office. Mr. Vance stated that it appears that Mr. Woods has met the requirements of the ordinance at this time and therefore, upon a motion made by Mr. Vance, seconded by Ms. Barnard and carried, the Certificate of Public Convenience and Necessity for Mr. Roger Woods, d/b/a Roseland Cab Company was reinstated. However, Mr. Vance recommended,that if, the Board has any further indication _ that there are still • •problems with nonconformance with • -l-icensing • , .. requirements, the matter be looked into and the Board rescind the license permanently. Mr. Woods thanked members of the Board for the reinstatement.of his license and especially thanked Deputy. City. Controller,Carol Sanders for her assistance in this matter. v. In response to Mr. Leszczynski's request for an update.on the .- investigation of licensing requirement compliance by all licensed taxicab companies,.Ms.. Sanders advised that she will have a report for the Board at their next meeting. Mr. Keres of the -Yellow Cab Company advised that his company will continue to make spot checks of the violations of Mr. Richard Traxler. Ms. Barnard advised that the City will -deal with that issue as stated earlier. Further Mr. Keres and Mr. Woods both indicated that Mr. Grady Thompson is operating the Independent Cab Company without being properly licensed. Mr. Leszczynski advised that the Deputy Controller's office will follow-up on that matter in conjunction with the ongoing investigation. APPROVE CHANGE IN BOARD OF PUBLIC WORKS MEETING DAY Mr. Leszczynski advised that it has been proposed that the Board of Public Works change its meeting day from Monday to Tuesday. Councilman John Voorde,_ who was present at the meeting, stated Ou REGULAR MEETING OCTOBER 28, 1985 that he believes it would be a good idea to change the day to Tuesday, as it would give Council members more time to review the Board agendas which are delivered to their Council office in the late afternoon on the Friday prior to the meeting date. Therefore, upon a motion made by Ms. Barnard, seconded by Mr. Vance and carried, effective immediately, the regular meetings of the Board -of Public Works will be held'on'Tuesday of each week instead of Monday. The time and location of the meetings will not change. APPROVE RESCISSION OF OFFER TO PURCHASE REAL PROPERTY - BUREAU OF HOUSING Submitted to the Board for approval was a Rescission of Offer which indicated that on April 29, 1985, the City of South Bend for and on behalf of its Department of Economic Development, Bureau of Housing and through the Board of Public Works, executed to Elizabeth M. Conner, an Offer to Purchase Real Property, located at 2016 South Kendall Street. The Rescission further indicates that Paragraph 6 of the Offer provides for a thirty (30) day acceptance period. However, it was noted that Ms. Conner failed to execute an acceptance of offer within that time period. Therefore, the City by this document, rescinds the offer executed on April 29, 1985, due to Ms. Conner's failure to accept the offer within the time stated above. Upon a motion made by Mr. Vance, seconded by Ms. Barnard and carried, the document was approved and executed. ADOPTION OF RESOLUTION NO. 23-1985 - DISPOSAL OF OBSOLETE EQUIPMENT (STREET DEPARTMENT) In a letter to the Board, Bill Penn, Director, Division of Transportation, requested permission to dispose of the equipment listed in the following Resolution either by,scrapping or outright sale. Mr. Penn further advised that the V-plows to be disposed of are too large to fit any equipment the Street Department currently uses. The plows are new in that they have never been used. In addition to the plows, permission is requested for the disposal of approximately thirty-five hundred (3500) feet of railroad iron that has been removed from various crossings and spur lines throughout the City. Mr. Leszczynski informed the Board that the V-plows were purchased in 1978 after the City was hit with a bad winter storm. At that time, the City did have equipment that could handle the V-plows. However, at this time, the Street Department no longer has equipment that could accommodate the V-plows. He further advised that the equipment will be disposed of through a public auction. Upon a motion made by Ms. Barnard, seconded by Mr. Vance and carried, the following Resolution No. 23-1985 was adopted: RESOLUTION NO. 23-1985 WHEREAS, it has been determined by the Board of Public Works that the following equipment is no longer needed by the Division of Transportation of the City of South Bend: Value V-Plow Model 5511V78 S.N. 15995 Approx. $2,800. V-Plow Model 5511V78 S.N. 15991 Approx. $2,800. Railroad Iron Approx. 3,500 ft. Unknown WHEREAS, Indiana Code 36-1-11-6 permits the disposal of personal property no longer needed or obsolete. 364 REGULAR MEETING NOW, THEREFORE, BE IT RESOLVED Works of the City of South Bend that hereby declared to be obsolete and n City of South Bend. OCTOBER 28, 1985 by the Board of Public the above equipment is o longer needed by the BE IT FURTHER RESOLVED that the Division of Transportation of the City of South Bend be authorized to dispose of said equipment pursuant to statute and to remove same from the City Inventory. DATED this 28th day of October, 1985. BOARD OF PUBLIC WORKS s/John E. Leszczynski s/Katherine G. Barnard s/Michael L. Vance ATTEST: s/Sandra M. Parmerlee, Clerk APPROVE CHANGE ORDERS NO. 1 (FINAL) AND PROJECT COMPLETION AFFIDAVITS - 1. HANDICAP SIDEWALK RAMPS - 1985 PROJECT 2. JEFFERSON AND EDDY REALIGNMENT PROJECT Mr. Leszczynski advised that the following Contractors have submitted Change Orders No. 1 (Final) and Project Completion Affidavits for the following projects: 1. HANDICAP SIDEWALK RAMPS 1985 PROJECT CONTRACTOR: Williams Contracting 1240 North Kaley South Bend, Indiana DECREASE: $999.70 NEW CONTRACT AMOUNT INCLUDING C.O.: $16,829.55 The Change Order indicated that proposal quantities did not match field conditions and therefore the decrease in costs. Additionally, the intersection of Angela and North Shore had combination curb and pavement. Pavement had to be replaced in order to construct the ramps thereby causing an increase. Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the Project Completion Affidavit and Change Order No. 1 (Final) were approved and executed subject to the filing of the appropriate three-year Maintenance Bond. 2. JEFFERSON AND EDDY REALIGNMENT PROJECT CONTRACTOR: Kaser-Spraker Construction, Inc. 25487 W. State Road #2 P.O. Box 3605 South Bend, Indiana INCREASE: $8,129.62 NEW CONTRACT AMOUNT INCLUDING C.O.: $46,420.62 The Change Order indicated that the increased cost is due to changes in twenty-one (21) contract items. Upon a motion made by Mr. Vance, seconded by Ms. Barnard and carried, the above Change Order No. 1 (Final) and Project Completion Affidavit indicating the new final cost were approved subject to the filing of the appropriate three-year Maintenance Bond. REQUEST TO PURCHASE CITY -OWNED PROPERTY AT 213-217-219-221 AND 223 SOUTH SCOTT STREET REFERRED In a letter to the Board, Ms. Lois J. Powell, 1713 South Bend, Indiana, and Mr. Vernon K. Grable, indicated that they were interested in purchasing the City -owned property at 1 1 6a' REGULAR MEETING OCTOBER 28, 1985 213-217-219-221 and 223 South Scott -Street, South Bend, Indiana. Upon &-motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the above request was referred to the necessary City departments and bureaus for a determination as to whether or not the City need retain the above referred to property for any reason. APPROVE RELEASE AND ASSIGNMENT OF CLAIM - O'NEAL TRUCKING COMPANY, INC.'._ Submitted to the Board for approval was a Release and Assignment which indicated that the City of South Bend, for the amount of eight thousand three hundred dollars ($8,300.00) to be paid by The Aetna Casualty and Surety Company of Hartford, Connecticut, under the provisions of Bond No. 27SB041714BCA, releases and discharges The Aetna Casualty and Surety Company on account of a certain loss arising out of a Maintenance Claim. Further, the City transfers over to The Aetna Casualty and Surety Company all of its claims and rights against O'Neal Trucking Company and Julien O'Neal, Jr., President in regards to the above referred to claim. Mr. Leszczynski advised that this Release is in settlement of a claim against The Aetna Casualty and Surety Company under the O'Neal Trucking Company Bond in regards to the Phillipa Street Improvement Project. With the settlement of this claim, the City will now be able to proceed with completion of the sewer project and street pavement repairs. Upon a motion made by Mr. Vance, seconded by Ms. Barnard and carried, the Release was approved and executed. APPROVE TITLE SHEET - SOUTHEAST RETAINING WALL REPAIR ISLAND PARK PROJECT Mr. Leszczynski advised that the Title Sheet for the above referred to project was being presented at this time for execution. He further advised that Cole Associates, Inc. has reviewed the plans and specifications for this project. In response to a question regarding the funding for this project, Mr. Vance stated that Center Century is currently looking into various funding sources including a loan from the State. Mr. Leszczynski advised that the plans and specifications will be presented for approval once the funding is obtained. Further, in response to a question of whether or not this project involves the portion of the retaining wall that was previously damaged, Mr. Leszczynski advised that this project will correct a new problem which is not of the extent of the original damage to another portion of the wall. Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the above referred to Title Sheet was approved and signed. 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: 1. NEW INSTALLATION, SPEED LIMIT 20 - 300 S. St. Louis. (Howard Park & Skating Rink - Req. P.D.). 2. NEW INSTALLATION, 2 HOUR PARKING 12P-9P-EXCEPT SUNDAY - 3610-3612 Western Avenue. (Req. Gene Studio & Connie's Barber Shop). FILING OF IRREVOCABLE LETTER OF CREDIT NO. 353 - JACK HICKEY ASSOCIATES, INC. Mr. Leszczynski advised that the Valley American Bank, P.O. Box 328, South Bend, Indiana, submitted to the Board for filing, an Irrevocable Letter of Credit No. 353 in the amount of $5,000.00 on behalf of Jack Hickey Associates, Inc., to warrant the c 66 REGULAR MEETING OCTOBER 28, 1985 guarantee and completion of construction of the 111 foot extension of Farnsworth Drive in Section 3, Part 7, of Kensington Farms, P.U.D. Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the Letter of Credit was accepted for filing as submitted. FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORT A report from the Department of Code Enforcement indicating a total of one hundred fifteen (115) properties cleaned from October 21, 1985 to October 25, 1985, was submitted. Upon a motion made by Ms. Barnard, seconded by Mr. Vance and carried, the report as submitted was filed. APPROVE CLAIMS Deputy City Controller Carol M. No. 23784 through Claim Docket N approval. Upon a motion made by Barnard and carried, the claims filed. PRIVILEGE OF THE FLOOR Sanders submitted Claim Docket o. 24580 and recommended Mr. Vance, seconded by Ms. were approved and the report REQUEST OF COUNCILMAN JOHN VOORDE TO CONDUCT TRAFFIC STUDIES AT MIAMI/JACKSON ROAD AND EWING/IRONWOOD ROADS TO DETERMINE IF TRAFFIC SIGNALS ARE WARRANTED AND ALSO THAT THE MATTER OF IRONWOOD ROAD IMPROVEMENTS BE RECONSIDERED Councilman John Voorde addressed the Board and requested that they authorize traffic studies to be conducted at the intersections of Miami and Jackson Roads and Ewing and Ironwood Roads to determine if warrants exist for the installation of traffic signals. He stated that as the intersection of Ewing and Ironwood Road involves both South Bend and Mishawaka, perhaps an Interlocal Agreement may be necessary should a signal be warranted. In response, Mr. Leszczynski advised that the Bureau of Traffic and Lighting has just completed a traffic study of the intersection of Miami and Jackson Roads but the results of that study are not yet available. Further, Mr. Voorde asked that the Board look into the matter of Ironwood Road improvements from Ewing Street south to Ireland Road. He advised that the project was considered in 1972 but because of opposition from residents in the area, the project was abandoned. He stated that the matter of the improvements came up again not too long ago when it was anticipated that new apartments would be built along Ironwood Road as well as the anticipated extension of the bypass. He further stated that perhaps the residents who objected in 1972 have changed their minds and would not object at this time. He asked that a cost estimate for the project be established so that that amount can be phased into long-term financial planning as the project will ultimately have to be completed. He stated that with new stores being added to Scottsdale Mall, as well as the bypass extension, it is anticipated that the traffic through the area will increase. Mr. Voorde asked that the Engineering Department come up with a report on this project. Mr. Leszczynski stated that the matter will be looked into with the first phase being the traffic study to determine the amount of traffic utilizing Ironwood Road. Ms. Barnard inquired of Mr. Leszczynski whether or not a plan for the improvements exists. In response, Mr. Leszczynski advised that the plans and specifications were prepared in the 1970's but residents objected when the City tried to acquire the needed right-of-way for the improvements. He stated that the City 1 1 �7 REGULAR MEETING OCTOBER 28, 1985 continued to purchase properties that.were,available and to date '.. have acquired a number of them. In response- to Ms. Barnard:'s inquiry, Mr. Leszczynski stated that no timetable exists for the acquisition of all the property needed for the improvements. Mr. Leszczynski advised Mr. Voorde that it would take approximately ninety (90) days for the traffic study to be conducted and completed and further stated that because the project amount is considerably high, it is anticipated that federal aid urban funds would be required. He further advised that requests for that funding source must be turned in well in advance. Mr. Leszczynski advised Mr. Voorde-that.he would proceed with his requests. As the Miami/Jackson Road traffic study has been conducted, Mr. Leszczynski informed Mr. Voorde that he would supply him with the results of that study as soon as they are compiled. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Ms. Barnard, seconded.by_Mr. Leszczynski and carried, the meeting adjourned at 11:03 a.m. • - 1 Katherine G. Barnard a Michael L. Vance ATTEST: Sandra M. Parmerlee, Clerk