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HomeMy WebLinkAbout05/29/84 Board of Public Works Minutes22 a REGULAR MEETING MAY 29. 1984 The regular meeting of the Board of Public Works was convened at 9:30 a.m, on Tuesday, May 29, 1984, by President John E. Leszczynski, with Mr. Leszczynski, Mr. Richard L. Hill 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 Mr. Vance, seconded by Mr. Hill and carried, the minutes of the May 21, 1984, regular meeting of the Board were approved. AWARD BID AND APPROVE CONSTRUCTION CONTRACT - CONCRETE PAVEMENT REPAIRS 1984 PROJECT In a letter to the Board, Mr. Neil A. Shanahan, Manager, Bureau of Public Construction, recommended that the Board accept the bid of Rieth-Riley Construction Company, P.O. Box 1775, South Bend, Indiana, in the amount of $134,796.15. 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 Mr. Hill and carried, the above bid was awarded and the contract approved. Accordingly, the appropriate Performance Bond and Labor and Materials Payment Bond submitted by Rieth-Riley were filed and Rieth-Riley was requested to submit the necessary Certificate of Insurance as soon as possible. APPROVE CHANGE ORDER NO. 1 (FINAL) AND PROJECT COMPLETION AFFIDAVIT - REPAIR OF ISLAND PARK WALL Mr. Leszczynski advised that LaFree Excavating, Inc., 11252 West Third Street, Osceola, Indiana, has submitted Change Order No. 1 (Final) indicating that the contract amount be decreased by $34,821.85 for a new contract sum including this Change Order in the amount of $89,431.00. Additionally submitted was the Project Completion Affidavit indicating this new final cost. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill 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. APPROVE COMMUNITY DEVELOPMENT CONTRACT AND ADDENDUM The following Community Development contract and addendum were submitted to the Board for approval: DEPARTMENT OF PUBLIC WORKS STUDEBAKER INDUSTRIAL CORRIDOR ACTIVITY The targeted goals for this activity include public works such as street and sidewalk improvements, environmental improvements and truck/rail access improvements. In addition, an action -oriented marketing plan designed to intensify job creation and structure utilization is contemplated. The total cost of this activity shall not exceed $150,000.00. ADDENDUM I HOUSING AUTHORITY OF THE CITY OF SOUTH BEND, IN REHABILITATION OF PUBLIC HOUSING UNITS Addendum I indicates a change in the Targeted Goals and Timetable categories. The targeted goals for this activity areto provide short-term jobs for 4-8 unemployed people for a total of 168 weeks of employment and to rehabilitate thirty (30) vacant public housing units. This activity shall commence on August 1, 1983 and shall continue to and include July 31, 1984. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the above contract and addendum were approved and executed. REGULAR MEETING MAY 29, 1984 ADOPT RESOLUTION NO. 13-1984 - RESTRICTING SOLICITATION OF FUNDS DURING ETHNIC FESTIVAL ACTIVITIES In response to the request of Ms. Mikki Dobski, Director, Community Affairs, that the Board of Public Works set a policy prohibiting solicitations at the Ethnic Festival, upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the following Resolution No. 13-1984 was adopted: RESOLUTION NO. 13-1984 RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS RESTRICTING SOLICITATION OF FUNDS DURING ETHNIC FESTIVAL ACTIVITIES WHEREAS, the Office of Community Affairs has received requests from several organizations for permission to conduct solicitation of funds in conjunction with the South Bend Ethnic Festival; and WHEREAS, the Board of Public Works is the entity responsible for establishing policy relative to the use of City property and the overall operation of the Ethnic Festival; and WHEREAS, the Board of Public Works is aware of the potential for abuse if unrestricted solicitation of funds is permitted during Ethnic Festival activities; and WHEREAS, the Board of Public Works believes that it is in the best interest of public safety and welfare to restrict solicitation of funds during.the Ethnic Festival activities. WHEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, as follows: SECTION I. No solicitation of funds shall be permitted in conjunction with the South Bend Ethnic Festival activities except that which is done from display booths established at fixed locations to be determined by the Office of Community Affairs. SECTION II. A copy of this resolution shall be forwarded to the South Bend Charitable Solicitations Commission for their consideration in issuing charitable solicitations permits. Adopted this 29th day of May, 1984. SOUTH BEND BOARD OF PUBLIC WORKS s/ John E. Leszczynski s/ Richard L. Hill s/ Michael L. Vance ATTEST: s/ Sandra M. Parmerlee, Clerk APPROVE MEMORANDUM OF AGREEMENT BETWEEN THE CITY, STATE HISTORIC PRESERVATION OFFICER AND ADVISORY COUNCIL ON HISTORIC PRESERVATION Ms. Ann Kolata of the Redevelopment Department submitted to the Board for approval a Memorandum of Agreement between the City of South Bend, on behalf of its Division of Community Development, the State of Indiana, by and on behalf of its State Historic Preservation Officer and the Advisory Council on Historic Preservation. The REGULAR MEETING MAY 29, 1984 Agreement indicates that the City has determined that implementation of its housing and commercial rehabilitation programs and public improvement projects using Community Development Block Grant funds appropriated for Program years 1984 - 1988 will have an effect upon properties included in or eligible for inclusion in the National Register of Historic Places and has requested the comments of the Advisory Council on Historic Preservation and its implementing regulations. The Agreement further indicates that execution of this document evidences that the City has afforded the Council a reasonable opportunity to comment on the Community Development Block Grant activities and their effects on historic properties and that the City has taken into account the effects of its undertaking on historic properties. Upon a motion made by Mr. Hill, seconded by Mr. Leszczynski and carried, the above Agreement was approved and executed. ACCEPT AND APPROVE QUIT -CLAIM DEED - REDEVELOPMENT COMMISSION TO THE CITY OF SOUTH BEND Mr. Leszczynski presented to the Board a Quit -Claim Deed from the Redevelopment Commission to the City of South Bend conveying real property known as Lots numbered 50, 51 and 52 located in the Central Downtown Urban Renewal Area. It was noted that these lots are located behind the old J.C. Penny store and will be used for the development of a municipal parking garage. The Quit - Claim Deed stipulates that should construction not commence on a municipal parking garage on this real estate within five (5) years of the date of the Deed, the real estate shall revert back to the Grantor. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above Deed was accepted and approved. ACCEPT AND APPROVE COMMERCIAL LEASE AGREEMENT BETWEEN THE CITY OF SOUTH BEND AND REDEVELOPMENT COMMISSION FOR PROPERTY LOCATED AT 303 EAST LA SALLE AVENUE FOR USE AS POLICE SUBSTATION Mr. Leszczynski presented to the Board a Commercial Lease in which the South Bend Redevelopment Department through its Redevelopment Commission.will lease.to the City of South Bend Board of Public Works the premises located at 303 East LaSalle Avenue for use as a police substation. The lease indicates that after September 1, 1984, the Redevelopment Commission may terminate this lease by giving the City of South Bend sixty (60) days written notice of such termination. Mr. Hill advised that this location will be used as a temporary East Sector Police Substation until construction of the new substation at 420 North Frances Street is completed. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above Commerical Lease was accepted and approved. FILING OF WAIVER OF 24 CFR S 570.611 - KEVIN C. HORTON Mr. Leszczynski presented to the Board a Memorandum from Mr. Kevin C. Horton of the Redevelopment Department concerning a waiver of 24 CFR S 570.611. Mr. Horton stated that as of June 4, 1984, he will be employed by the Holladay Corporation as Vice -President of Finance and will assist in the establishment and operation of a commerical mortgage company. He further stated that the principals in One Michiana Square, Wallace F. Holladay, John T. Phair, Charles G. Clark and Thomas-C. Gibson are all employees of the Holladay Corporation. However, employees of the Holladay Corporation, excepting those named above, will not have any interest in the One Michiana Square Project, financial or otherwise and he will not have any interest in One Michiana Square. Mr. Horton advised that he was offered employment on April 23, 1984 and accepted employment on April 30, 1984. Upon receiving an offer of employment he notified REGULAR MEETING MAY 29, 1984 Redevelopment Department Director Jon Hunt and withdrew from all functions, responsibilities and decision -making relative to all City projects. Mr. Hill advised that this waiver is being filed as a public notice in compliance with federal UDAG grant requirements, in that Mr. Horton will be employed by the Holladay Corporation and because the.above named principals in One Michiana Square are also employees of that corporation. It was noted that One Michiana Square and the .One Michiana Square Project will be utilizing federal UDAG funds. Upon a motion made.by Mr. Leszczynski, seconded by Mr. Hill and carried, the above waiver was accepted and filed. APPROVE REQUEST TO ADVERTISE FOR RECEIPT OF BIDS - CONSTRUCTION OF EAST SECTOR POLICE SUBSTATION - 420 NORTH FRANCES STREET Mr. John E. Leszczynski, Director, Department of Public Works, requested that the Board advertise for the receipt of bids for the construction of the East Sector Police Substation at 420 North Frances Street. It was noted that the approximate cost of this construction is $75,000.00. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the above request was approved. APPROVE TITLE SHEET - CONSTRUCTION OF EAST SECTOR POLICE SUBSTATION - 420 NORTH FRANCES STREET Mr. Leszczynski advised that the Title Sheet for the above referred to project was being presented at this time for execution. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the above Title Sheet was approved and signed. APPROVE REQUEST TO ADVERTISE FOR RECEIPT OF BIDS - SALE OF ABANDONED VEHICLES Ms. Katherine Barnard, Director, Department of Code Enforcement, requested permission to advertise for the sale of approximately sixteen (16) abandoned vehicles, eight (8) of which are valued at over One Hundred Dollars ($100.00) and all of which are being stored at South Bend Auto Parts, 1802 South Main Street, South Bend, Indiana. It was noted that all vehicles have been stored more than the thirty (30) days, identification checks had been run for auto theft, and the owners and lienholders notified. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the request was approved and a date of June 1, 1984 was established for the receiving of sealed bids. APPROVE REQUEST OF WSBT RADIO TO CONDUCT "SALUTE TO SUMMER" ON RIVER BENDPLAZA - JUNE 21. 1984 Ms. Mikki Dobski, Director, Office of Community Affairs, submitted to the Board a request from WSBT Radio, 300 West Jefferson Boulevard, South Bend, Indiana, to hold a celebration termed "Salute to Summer" on the stage area on River Bend Plaza on Thursday, June 21, 1984. WSBT Radio, its announcer and staff plan to grill --up 960 hot dogs, provide potato chips and Coke free to the public as part of this celebration of the first official day of summer - the day of the summer equinox. The time of the summer picnic barbecue would be from 11:30 a.m. to 1:30 p.m. with a live remote broadcast during this time span. Ms. Dobski indicated that she would recommend approval of this request as a delightful way to kick-off the summer in downtown South Bend. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, Ms. Dobski's recommendation was accepted and the request approved. REQUEST OF GRACE A.M.E. ZION CHURCH TO CLOSE ALLEY BEHIND THE CHURCH ON VASSAR STREET (AUGUST 20-26, 1984) REFERRED In a letter to the Board, Edward Myers, Chairman and Rev. W. M. Cunningham, Pastor, Trustee Board of Grace A.M.E. Zion Church, 1211 Vassar Street, South Bend, Indiana, indicated that the church C 5 REGULAR MEETING MAY 29, 1984 will be hosting the Michigan Annual Conference from August 20-26, 1984. This being an annual affair, it will attract ministers, delegates and spectators from across the country in excess of some 2,000 persons. Because of the number of people expected, the church is requesting that the alley behind the church on Vassar Street be closed for the duration of the conference or at least during the time that the sessions.are open, which would be from about 6:00 a.m. until 12:00 midnight. They indicated that with the closing of this alley additional parking spaces would be provided -as parking around the church is limited. Upon a motion .made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above request was referred to the Bureau of Traffic and Lighting and the Police Department Traffic Division for review and recommendation. REQUEST TO PURCHASE CITY -OWNED PROPERTY AT 1510 SOUTH ST. JOSEPH STREET REFERRED In a letter to the Board, Fidencio Bueno, 210 East Haney Avenue, South Bend, Indiana, indicated that he would like to purchase the City -owned property at 1510 South St. Joseph Street, as he owns property adjacent to the lot. Mr. Bueno also stated that he has been maintaining the property, but because it is open, people have been using it as a disposal ground which makes his property look very unpleasant. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the request was referred to the necessary City departments and bureaus for a determination as to whether or not the City need retain the lot for any reason. REQUEST FOR STREET LIGHT AT IRELAND HEIGHTS SUBDIVISION - 1ST SECTION AND IRELAND WOODS SUBDIVISION - SECTION ONE REFERRED In a letter to the Board, Mr. Phillip Ashton, 4038 Kennedy Drive, South Bend, Indiana, indicated that the residents of Sampson Street in the Ireland Woods subdivision have been without street lighting since the subdivision was completed. Mr. Ashton advised that there are two (2) existing poles.on Sampson Street that can support lighting. He asked that the Board view the lighting problem as two separate and distinct issues. One, that poles currently exist that can accommodate lighting and two, whether underground or overhead cabling will be used to support the lighting as the City did not budget for underground cabling and the area developer failed to include street lighting in his development plans. He stated that the two (2) existing poles on Sampson Street can support lighting until the dilemma surrounding the Ireland Woods Subdivision portion of Sampson Street can be resolved and the residents are thereby requesting that lighting on the two existing poles be installed as soon as possible. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the above request was referred to the Bureau of Traffic and Lighting for review and recommendation. REQUEST TO CLOSE 1100 BLOCK OF VICTORIA STREET FOR A BLOCK PARTY (JUNE 23, 1984) REFERRED In a letter to the Board, Ms. Kathy Harsh. Jonas, c/o 225 West Colfax Avenue, South Bend, Indiana, requested that the 1100 block of Victoria Street be closed off on June 23, 1984 from 3:00 p.m. to 11:00 p.m. for a neighborhood block party. Upon .a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above request was referred to the Bureau of Traffic and Lighting and the Police Department Traffic Division for review and recommendation. REGULAR MEETING MAY 29, 1984 APPROVE REQUEST TO HAVE SPACE IN FRONT OF 1218 NORTH OLIVE STREET DESIGNATED AS A HANDICAPPED PARKING SPACE Mr. Leszczynski advised that Mr. Ralph J. Wadzinski, Manager, Bureau of Traffic and Lighting has reviewed the request of Ms. Mary Adams, submitted to the Board on May 14, 1984, for a handicapped parking space in front of her home at 1218 North Olive Street and recommends approval. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, Mr. Wadzinski's recommendation was accepted and the request approved. APPROVE REQUEST OF SOUTH BEND PUBLIC RECREATION COMMISSION TO CONDUCT ANNUAL ETHNIC FESTIVAL 5-ROAD RACE AND SHORTER RUN - JULY 1, 1984 Mr.. Leszczynski advised that Mr. Ralph J. Wadzinski, Manager, Bureau of Traffic and Lighting, has reviewed the request of Mr. Robert C. Goodrich, Director, South Bend Public Recreation Commission, submitted to the Board on May 21, 1984 to conduct the Annual Ethnic Festival 5-Road Run and a shorter run on July 1, 1984 and recommends approval of the route to be utilized with final details to be worked out between Mr. Wadzinski, Captain Edward Friend of the Police Depart- ment Traffic Division and Mr. Goodrich. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, Mr. Wadzinski's recommendation was accepted and the request approved. APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the following three (3) traffic control devices were approved: NEW INSTALLATION - HANDICAPPED PARKING SPACE 1218 North Olive Street (conflicts with curb space use due to small enterprise in the area). Requested by: Ms. Mary Adams, 1218 North Olive Street NEW INSTALLATION - ONE HOUR PARKING - 6AM - 6PM North side of Ford, east of the 45 parking zone from Meade (alongside Kuberski Food Market, 620 South Meade) to provide curb space turnover. Requested by: Bill Mahalski of Kuberski Food Market NEW INSTALLATION - NO PARKING West side of Portage from Portage Way, north approximately 150 feet (approach lane for. Portage Way and an unpaved, underground berm area). Requested by: Portage Place Apartments APPROVE SIDEWALK SALE PERMIT APPLICATIONS Mr. Leszczynski advised that Ms. Mikki Dobski, Director, Community Affairs, has submitted to the Board Sidewalk Sale Permit applications for the following businesses: 1. The Basket Case (Loriane Davidson) Center City Place 2. The Cornucopia (Sharon Gurten) 303 South Michigan Street 3. Makielski, Inc. (Dave Makielski) 117 Main Street 4. C.E. Lee (William Lee) 215 South Main Street 5. Senor Kelly's (Edgar Davis) 119 North Michigan Street 1 1 1 27 REGULAR MEETING MAY 29, 1984 Ms. Dobski further advised that all of the above applications are downtown merchants and will be selling their merchandise during the World's Largest Garage Sale scheduled for June 2, 1984. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above Sidewalk Sale Permit applications were approved subject to the applicants providing the appropriate Indemnification Agreement and permit fee. APPROVE LICENSE APPLICATION - SECONDHAND DEALER Mr. Leszczynski advised that the following secondhand dealer license application has been received: NAME: This -N- That BY: Tom Ford ADDRESS: 816 Portage Avenue FOR THE PURPOSE OF SELLING: Used Merchandise Mr. Leszczynski further advised that favorable recommendations have been received from the Bureau of Traffic and Lighting, Department of Code Enforcement, Police Department and Fire Department on the above application. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the above license application was approved and referred to the Deputy Controller's office for issuance. APPROVE EXCAVATION BOND r. Joseph J. Pluta, P.E., Engineering Department, recommended that the Excavation Bond for Bob Frame Plumbing and Heating, Inc. be approved retroactive to May 21, 1984. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the above Excavation Bond was approved. APPROVE HANDICAPPED PARKING PERMITS Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the following four (4) handicapped parking permit applications were approved and referred to the Deputy Controller's office for issuance of permits: 1. Jeanette P. Nate, 112 No. Edison Avenue, S.B., IN 2. Ruth Hollinshead, 1335 East Dayton St., S.B., IN 3. Samuel R. Larkin, 55308 Glen Road, S.B., IN 4. Marjorie E. Sullivan, 14151 1/2 Dragoon Tr..,-Mishawaka,.IN FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORT A report from the Department of Code Enforcement indicating a total of ninety-seven (97) properties cleaned from May 21, 1984 to May 25, 1984 was submitted. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the report was filed. FILING OF HUMANE SOCIETY REPORT - APRIL The Humane Society report for the montli of April indicated the following matters handled for the City of South Bend: Dogs handled: 252 Cats handled: 107 Other animals handled: 81 Bite cases handled: 13 Complaints investigated: 185 Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above report was filed. APPROVE CLAIMS City Controller Michael L. Vance submitted Claim Docket No. 10058 through Claim Docket No. 10689 and recommended approval. Upon a motion made by Mr. Vance, seconded by Mr. Hill and carried, the claims were approved and the report was filed. REGULAR MEETING MAY 29. 1984 NOTIFICATION OF AMENDMENT TO SURETY REQUIREMENT FOR PUBLIC PURCHASE BIDDERS Board Attorney Carolyn V. Pfotenhauer advised that Indiana Code 36-1-9-6 regulating the submission of bid bonds by bidders under the public purchase statute has been amended to eliminate the requirement that a bidder having his principal place of business outside the State of Indiana submit a bond secured by a surety having its principal place of business in the State of Indiana. The Board can now accept bid bonds from any surety regardless of the state in which the bidder is located. Therefore, each bidder now has the option of submitting either a certified check or a bid bond from the surety of its choice. The Board was further advised that because of this amendment, future Notices to Bidders will be corrected to reflect this new change in the state law. INQUIRY REGARDING COMPLIANCE WITH BOARD POLICY CONCERNING DESIGNATION OF ISLAND PARK AS A NO FISHING AREA Mr. James Wensits, reporter for the South Bend Tribune, inquired whether or not the Board has received complaints regarding the ban on fishing.on Island Park since its adoption of Resolution No. 12-1984 designating Island Park as a no fishing area. Board members advised Mr. Wensits that no complaints have been received and that Island Park is being patrolled by officers from the East Sector Police Substation. Mr. Hill stated that at this time people fishing on Island Park are being advised of the new regulation and that the City is asking for voluntary cooperation. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the meeting adjourned at 10:00 a.m. ichard L. Hill Michael L. ance ATTEST: vI �LMUL&Z� Sandra M. Parmerlee, Clerk E 1