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HomeMy WebLinkAbout11/12/85 Board of Public Works MinutesREGULAR MEETING NOVEMBER 12, 1985 1 The regular meeting of,the Board of Public Works was convened at 9:33 a.m. on Tuesday, November 12, 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 MEETING Upon a motion made by Ms. Barnard, seconded by Mr. Leszczynski, and carried, the minutes of the November 5, 1985, regular meeting of the Board were approved. PUBLIC HEARING AND FAVORABLE RECOMMENDATION - E/W ALLEY BOUNDED BY NILES AVENUE, THE EAST MILL RACE AND LOTS 37 & 38 OF THE ORIGINAL PLAT OF LOWELL Mr. Leszczynski advised that this was the date set for the Board's Public Hearing on a proposed alley vacation described as the east/west alley bounded by Niles Avenue, the East Mill Race and,Lots 37 and 38 of the Original Plat of Lowell. It was noted that this Public Hearing is being held in order for the Board to submit a recommendation to the Common Council concerning the Vacation Petition filed by Mr. Robert Batteast, 430 East LaSalle Street, 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 was no one present wishing to speak either for or against the proposed alley vacation and no written objections were filed with the Board. Mr. Leszczynski further advised that favorable comments concerning this proposed alley vacation were received from the Engineering Department, Area Plan Commission and the Department of Economic Development. In response to a question from South Bend Tribune Reporter James Wensits, Mr. Leszczynski advised that the purpose of this proposed vacation is to eliminate an unused public alley and to provide additional usable land to the adjacent properties. Therefore, upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the Public Hearing on this matter was closed and 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. PUBLIC HEARING AND AFFIRMATION OF DENIAL OF TAXICAB DRIVER'S LICENSE - TERRY HARRIS Mr. Terry Harris, 522 North Johnson Street, 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 October 31, 1985, Mr. Michael L. Vance, Director, Administration and Finance, advised Mr. Harris that his license application was being denied due to his not being truthful as to the statements on the application. Mr. Leszczynski advised Mr. Harris that, as stated in Mr. Vance's letter, the application was denied due to his untruthfulness in answering the questions. Additionally, a routine Police background check revealed that in February of 1985, Mr. Harris received a traffic citation for speeding and another for disregarding an auto traffic signal. Mr. Leszczynski informed Mr. Harris that the purpose of the Public Hearing was to provide him an opportunity to make statements in defense of the information on his application and to provide any other pertinent information in order for the Board to make a decision to affirm or override the denial of the license. REGULAR MEETING NOVEMBER 12, 1985 Mr. Harris advised the Board that the above mentioned violations slipped his mind when he was completing the application. As the police background check additionally revealed that Mr. Harris' driver's license expired in October of 1985, Mr. Leszczynski inquired of him whether or not he currently holds a valid driver's license. Mr. Harris responded that he did renew his license, and pursuant to Ms. Barnard's request to examine the new license, he submitted it to the Board for review. Ms. Barnard further advised Mr. Harris that he answered "no" to the question on the application which states, "Has your drivers or chauffeurs license ever been suspended? The Police background check revealed that Mr. Harris' license was suspended from May, 1979 to October, 1980. In response, Mr. Harris stated that he was in the military service from January of 1977 to January of 1980 and renewed his license upon his returning home. Ms. Barnard asked Mr. Harris to clarify the matter of the length of time at his present address. It was noted that on his application he stated that he has resided at 522 North Johnson Street for the past fifteen years. However, further on the application where applicants are requested to list their residences for the past five (5) years, Mr. Harris listed 522 North Johnson Street. He clarified that except for the two and one-half (2 1/2) years he served in prison, he has resided at that address. Reiterating, Ms. Barnard advised Mr. Harris that the license application was being denied for public safety aspects due to the two (2) traffic violations occurring in February of 1985 as well as the fact that he was untruthful about his license being suspended. Mr. Leszczynski stated that, in the past, when considering taxicab driver's licenses, the Board has approved licenses for individuals who have not had any type of violation within the past five (5) years. As Mr. Harris has had two (2) recent traffic violations in February of 1985, he does not have a clear record for that period of time. Mr. Harris advised the Board that he is concerned that the Board is raising these issues at this time, as he had a City Taxicab Driver's license in 1983 and worked for the Courtesy Cab Company. Ms. Barnard reminded Mr. Harris that the license application is being reviewed at this time because of the untruthfulness of answers to questions and because of recent traffic violations. Mr. Leszczynski advised Mr. Harris that he is entrusted with the public safety of his passengers. However, it appears that there is a clear disregard for the rules and regulations for the operation of a motor vehicle. Mr. Harris has disobeyed traffic rules and disobeyed a traffic control device. Mr. Leszczynski further advised Mr. Harris that the Board could consider an application in the future, should there be no further violations. There being no further discussion regarding this matter, upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, Mr. Vance's decision to deny the Taxicab Driver's Application for Terry Harris was affirmed for public safety reasons. Mr. Vance abstained from voting on this matter. OPENING AND AWARD OF PROPOSAL - SERVICES CONCERNING THE CITY OF SOUTH BEND'S U.S. SAVINGS BOND PROGRAM This was the date set for receiving and opening of sealed proposals for the above referred to services. The Clerk tendered F�l 1 REGULAR MEETING NOVEMBER 12, 1985 proofs of publication of Notice in the South Bend Tribune and the Tri-County News which were found to be sufficient. The following proposal was opened and publicly read: NATIONAL BOND & TRUST COMPANY P.O. BOX 846 Crown Point, Indiana The Letter Proposal was submitted by Mr. Richard J. LaMere, President and indicated the following: National Bond & Trust proposes, at no cost to the City of South Bend, the following services regarding the U.S. Savings Bond Program: - Handle the solicitation and signing of employees desirous of participating in the U.S. Savings Bond Program. - Purchase, issue and mail all bonds each month directly to employees who are buying bonds through payroll deduction. - Effect all service work needs such as changes of address, beneficiary or deduction amount for bond purchases. - Respond to inquiries about lost, stolen or destroyed bonds. - Maintain accurate records of all bond related transactions. - Upon request, furnish employer a computer generated bond register issued monthly which reflects individual account status of employee participants. Additionally, to offset the initial cost of putting a new signee on the bond program by the City payroll staff, National Bond & Trust Company will pay a one-time fifty cent ($.50) new sign up fee on each new person enrolling in the program. In response to a question regarding why this company would offer to handle this service at no charge, Mr. Vance explained that National Bond & Trust Company will be able to offer and sell to interested individuals a supplemental liability insurance concerning the bonds. There being no further discussions regarding this matter, upon a motion made by Ms. Barnard, seconded by Mr. Vance and carried, the proposal as submitted was accepted and approved. AWARD BID - FIRE RESTORATION OF FIREHOUSE THEATRE (CORNER OF PORTAGE, LINDSEY AND LELAND STREETS) Mr. Leszczynski advised that Mr. Neil Shanahan, Manager, Bureau of Public Construction, and Mr. Gary Gabrich, Project Architect, Korbuly/Graf, Inc., Architects, have reviewed the bids received on November 5, 1985, for the above referred to project, and recommend that the Board accept the bid of L.L. Geans & Sons, Inc., 1721 North Home Street, Mishawaka, Indiana, in the amount of $99,263.00, which includes the base bid of $93,888.00 plus the addition of alternates #3 ($1,800.00), #4 ($3,000.00) and #5 ($575.00). Mr. Gabrich advised that Alternates #3 and #4 have been strongly recommended by the City's Historic Preservation Commission and alternate #5 for the energy savings resulting by the addition of the storm windows. In response to a question regarding the funding for this project, Mr. Vance advised that funding is available and will be appropriated through the self-insurance program as the City makes year end transfers. REGULAR MEETING NOVEMBER 12, 1985 Therefore, Mr. Vance made a motion that the bid be awarded subject to the appropriation of funding. Ms. Barnard seconded the motion and it carried. In response to a question regarding the City's claim against the insurance company for the fire damage which occurred at the Firehouse Theatre, Mr. Vance responded that the City has filed a suit, but to date, he is not aware of any response from either the underwriter or the agent regarding the matter. APPROVE COMMUNITY DEVELOPMENT CONTRACT The following Community Development Contract was presented to the Board for approval: DEPARTMENT OF PUBLIC WORKS NORTHEAST NEIGHBORHOOD CENTER REHABILITATION The targeted goal for this activity is to conduct physical improvements to the interior and exterior of the building. These physical improvements will improve the delivery of services to clients as well as make the building area more structurally sound. The total cost of this activity shall not exceed $15,000.00 Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the above Contract was approved and executed. APPROVE CHANGE FINAL) AND PROJECT AI'TiDAViT - L.W.W./LA SALLE INTERSECTION IMPROVEMENT PROJECT Mr. Leszczynski advised that Walsh & Kelly, Inc., 24358 State Road 23, South Bend, Indiana, has submitted Change Order No. 1 (Final) indicating that the contract amount be increased by $149.50 for a new contract sum including this Change Order in the amount of $9,256.00. Additionally submitted was the Project Completion Affidavit indicating this new final cost. Upon a motion made by Mr. Vance, seconded by Ms. Barnard and carried, Change Order No. 1 (Final) and the Project Completion Affidavit were approved and the appropriate three-year Maintenance Bond as submitted was accepted for filing. APPROVE TITLE SHEET - SIGNAL.MODERNIZATION & INTERCONNECT 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 the project entails the modernization of approximately twelve (12) intersections located in the downtown area and on Ireland Road from Michigan Street to Ironwood Road. The modernization involves the use of an IBM AT computer to monitor the traffic at the intersections included in the project. The computer would monitor traffic flow situations, as well as repairs required or any other changes that may be necessitated. The monitoring, repairs and required changes will all be handled from the City Engineer's office by use of the computer. The cost of this project is approximately $500,000.00 with that cost to be covered by Federal Urban Aid Funds with no local funds involved. Mr. Leszczynski advised that the modernization of the signals was requested by the City but the work will be bid through the State. The City did, however, bear the cost of the design work. In response to a question from Councilman John Voorde, Mr. Leszczynski advised that the City will be responsible for and is capable of handling the maintenance of the new signals. Mr. Leszczynski further advised that it is the City's long-range plan to have the intersections in the central business district modernized and computerized. 1 n 1 REGULAR MEETING NOVEMBER 12, 1985 It was noted that bidding for this project will take place in the next thirty (30) to sixty (60) days with the project to commence in the Spring. The City Engineer's office will be the construction manager for the project. Mr. Leszczynski advised that the intersections to be computerized have antiquated signal equipment and because of the difficulty in locating parts have been almost impossible to repair. In response to a question, Mr. Leszczynski advised that the computerized intersections will be connected with the computer in the Engineering Department via a dedicated telephone line. Councilman Voorde inquired if any determination has been made in regards to the possibility of installing a traffic signal at Miami and Jackson Roads. Mr. Leszczynski advised that the study has been completed and the results will be made available to Mr. Voorde shortly. Mr. Voorde further inquired about the traffic signal at the intersection of Western Avenue and Arnold Street. Mr. Leszczynski advised him that at its meeting held on November 5, 1985, the Board approved four (4) traffic control devices, one (1) for this intersection, which indicated that the signal, for the next six (6) months, will be placed on flashing. After that time, should there be no complaints from citizens, the signal will be removed and a stop sign placed at Arnold Street. Upon a motion made by Mr. Vance, seconded by Ms. Barnard and carried, the Title Sheet as submitted was approved and executed. APPROVE ESCORT FOR SANTA CLAUS TO DOWNTOWN SOUTH BEND - NOVEMBER 11, L985 Mr. Leszczynski advised that the Bureau of Traffic and Lighting, Police Department and Fire Department have reviewed the request as submitted on November 5, 1985, to provide an escort to downtown South Bend for Santa Claus on November 27, 1985 at 5:00 p.m. and recommend approval. It was been recommended that Santa enter downtown from Colfax Street on Old Michigan Street to Jefferson and the mall area. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the recommendation was accepted and the request approved. Board member Ms. Barnard voted "nay" on this matter, objecting to the date and time requested. APPROVE RELEASE OF EASEMENTS AND APPROVE NEW EASEMENTS - BLOCK 6 RIVER GLEN PLAZA Mr. Art Perry, Attorney at Law, Suite 420, JMS Building, South Bend, Indiana, was present and advised that he has previously submitted to the Board documents releasing existing easements and granting new easements in the area known as Block 6 River Glen Plaza and would request of their approval. He advised that because of Lowe's, Inc. sale of property to Dr. Carrington for construction of an office, it has become necessary to abandon part of the easements that run across the property and relocate the water and sewer easements. There will be no cost to the City. Mr. Perry submitted the following documents to the Board for approval: RELEASE OF WATER MAIN AND SEWER EASEMENTS This document provides that the City terminates all rights and interest in a certain WATER MAIN EASEMENT dated August 20, 1982 and recorded on November 9, 1982 and in a certain WATER MAIN AND SEWER EASEMENT dated August 20, 1982 and recorded on November 9, 1982 for a parcel of property described as a parcel in the Southeast Quarter of Section 12, Township 37 North, Range 2 East, also being a part of Block 8 of the Recorded Plat of River Bend Addition, City of South Bend. REGULAR MEETING NOVEMBER 12, 1985 RELEASE OF WATER MAIN AND SEWER EASEMENTS This document provides that the City terminates all rights and interest in that part of a certain WATER MAIN AND SEWER EASEMENT dated December 30, 1982 and recorded on December 30, 1982 for that part of the Southeast Quarter of Section 12, T. 37, N., R 2E, which is also part of Block #8, in the recorded Plat of River Bend Addition. WATER EASEMENT By this document, Lowe's, Inc. grants to the City a permanent easement, including perpetual right to install, repair, maintain, alter and operate water mains and water distribution system, together with the right of ingress to and egress from the. said easement for the purposes of maintaining said water mains, pipes, vaults and other equipment incident thereto, in, upon, over and under the parcels of property described in the Easement. SEWER AND WATER EASEMENT Lowe's, Inc. grants to the City a permanent easement, including perpetual right to install, repair, maintain, alter and operate water mains and water distribution system and/or sewer or other facilities, together with the right of ingress to and egress from the said easement for the purposes of maintaining said water mains, pipes, vaults sewers and other equipment incident thereto, in, upon over and under the real estate described in the legal description contained in the Easement. SEWER AND WATER EASEMENT This document provides that RGO Associates, Inca by John T. Phair, President, grants to the City a permanent easement including the perpetual right to install, repair, maintain, alter and operate water mains and water distribution system and/or sewer or other facilities, together with the right of ingress to and egress from the said easement for the purposes of maintaining said water mains, pipes, vaults, sewers and other equipment incident thereto, in, upon, over and under the real estate as described in the easement. SEWER AND WATER EASEMENT This document provides that Owners, Van E. and Jean I. Gates, Husband and Wife, grant to the City a permanent easement, including the perpetual right to install, repair, maintain, alter and operate water mains and water distribution system and/or sewer or other facilities, together with the right of ingress to and egress from the said easement for the purposes of maintaining said water mains, pipes, vaults, sewers and other equipment incident thereto, in, upon, over and under the real estate as described in the legal description contained in the Easement. It was noted that by Corporate Warranty Deed, the St. Joseph Riverbend Development Corporation conveyed and warranted to the RGO Associates, Inc. certain real estate as follows: A part of the west half of Section 12, Township 37 North, Range 2 East, also being a part of Block 8 of the recorded Plat of River Bend Addition and A parcel in the southeast quarter of Section 12, Township 37 North, Range 2 East, also being a part of Block 8 of the recorded plat of River Bend Addition. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the above referenced documents were accepted and approved. I 1 REGULAR MEETING NOVEMBER 12, 1985 APPROVE CONTRACTOR'S BOND Mr. Melvin Humphrey, Engineering Department, recommended that the Contractor's Bond for James Bernicky be approved retroactive to November 6, 1985. Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the Contractor's Bond was approved. APPROVE RELEASE OF CONTRACTOR'S BOND Based on the recommendation of Mr. Melvin Humphrey, Engineering Department, upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the Contractor's Bond for H.G. Christman Construction Company, Inc. was released effective December 31, 1985. APPROVE EXCAVATION BOND Mr. Joseph J. Pluta, Director, Division of Engineering, recommended that the Excavation Bond for Ira C. Mast & Son, Inc. be approved retroactive to November 8, 1985. Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the Excavation Bond was approved. 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: 1. Jeanette M. Galassi, 100 Center High Rise Apt. 411, Mishawaka, Indiana FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORT A report from the Department of Code Enforcement indicating a total of one -hundred eight (108) properties cleaned from November 4, 1985 to November 8, 1985 was submitted. Upon a motion made by Ms. Barnard, seconded by Mr. Vance and carried, the report as submitted was filed. FILING OF HUMANE SOCIETY REPORT - OCTOBER The Humane Society report for the month of October indicated the following matters handled for the City of South Bend: DOGS HANDLED: 247 CATS HANDLED: 195 OTHER ANIMALS HANDLED: 114 BITE CASES HANDLED: 16 COMPLAINTS HANDLED: 185 Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the above report as submitted was accepted and filed. APPROVE CLAIMS Deputy City Controller Carol M. Sanders submitted Claim Docket No. 24905 through Claim Docket No. 25535 and recommended approval. Upon a motion made by Mr. Vance, seconded by Ms. Barnard and carried, the claims were approved and the report filed. REGULAR MEETING ADJOURNMENT There being no further business motion made by Mr. Leszczynski, carried, the meeting adjourned ATTE r r f '`Sandra M. Parmeriee, Clerk NOVEMBER 12, 1985 to come before the Board, upon a seconded by Mr. Vance and at 10:09 a.m. �.r _ _ IS _ WA -A w L -,.a Katherine arnard Michael L. Vance 1 1 1