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HomeMy WebLinkAbout08/27/84 Board of Public Works Minutes340 REGULAR MEETING AUGUST 27. 1984 The regular meeting of the Board of Public Works was convened at 9:34 a.m, on Monday, August 27, 1984, by President John E. Leszczynski, with Mr. Leszczynski, Mr. Michael L. Vance and Mr. Richard L. Hill present. Also present were 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 August 20, 1984, regular meeting of the Board were approved. OPENING OF BIDS - EAST BANK DEVELOPMENT PHASE II PROJECT This was the date set for the 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 following bids were opened and publicly read: THE ROBERT HENRY CORPORATION Bid was signed by Robert A. 404 South Frances Street Henry, President and Stephen R. P.O. Box 1407 Henry, Assistant Secretary, Non - South Bend, Indiana 46624 Collusion Affidavit was in order and a 5% Bid Bond was submitted. TOTAL AMOUNT OF BID: $80,380.50 RIETH-RILEY CONSTRUCTION CO., INC P.O. Box 1775 South Bend, Indiana 46634 TOTAL AMOUNT OF BID: $104,498.25 Bid was signed by Robert L. McCormick, Superintendent, Non - Collusion Affidavit was in order and a 5% Bid Bond was submitted. GEYER CONSTRUCTION & DEVELOPMENT CO. Bid was signed by William A. 67475 Kenilworth Road Geyer, as Bidder, Non -Collusion Lakeville, Indiana 46536 Affidavit was in order and a 5% Bid Bond was submitted. TOTAL AMOUNT OF BID: $79,998.80 WALSH & KELLY, INC. Bid was signed by Thomas 0. Walsh, 24358 State Road 23 President and D. Joyce Glass, South Bend, Indiana 46614 Assistant Secretary, Non -Collusion Affidavit was in order and a 5% Bid Bond was submitted. TOTAL AMOUNT OF BID: $92,266.25 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 OF BIDS - CLEANING & PAINTING OF THE WESTERN/WALNUT VIADUCT 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. As no bids for this project were received, upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, permission was granted to readvertise for receipt of bids for this project. 1 1 1 3 0 REGULAR MEETING AUGUST 27 1984 CONTINUATION OF PUBLIC HEARING AND RECOMMENDATION - ALLEY VACATION: 1ST N/E ALLEY SOUTH OF BRONSON CT., AND NORTH OF LOT 5 OF GEORGE L. FRANTZ'S ADDITION RUNNING FROM L.W.E. FOR 165' TO THE 1ST N/W ALLEY WHICH PARALLELS L.W.E. Mr. Leszczynski advised that this public hearing is a continuation of the public hearing held on August 20, 1984, regarding the above referred to proposed alley vacation. The public hearing was con- tinued until this date in order to give Board members an opportunity to conduct a site inspection of the proposed alley to be vacated. Mr. William McCarthy, 757 Lincolnway East, South Bend, Indiana, Petitioner and owner of Aardvark Construction, Inc., and his attorney Mr. Anthony Zappia, 52582 U.S. 31 North, South Bend, Indiana, were present and addressed the Board. Mr. Zappia presented to the Board photographs of the two block area encompassing the proposed alley vacation. He advised that the only eyesore in the area is the house owned by McCarthy which he is in the process of remodeling and it is his intention to beautify the alley portion as well as the house. He stated that also from a safety standpoint the alley should be vacated. Mr. Zappia and Mr. McCarthy advised that in questioning the construction. workers that are working on Mr. McCarthy's property at 757 Lincolnway East, they were informed that the alley is seldom used by residents. Mr. Zappia stated that in the winter the steepness of the alley makes it almost impossible for use and it is his opinion that the alley does not serve any useful purpose and he would therefore ask for a favorable recommendation on the vacation of this alley. There being no one else present wishing to speak either for or against the above referred to proposed alley vacation, upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the public hearing on this matter was closed. Mr. Vance indicated that Board members did make a site inspection of the proposed alley and did walk the alley and talk to residents of the area. He stated that the general concern.of the residents is parking. Because of a problem with the parking situation on Bronson Street, the alley in question, at least for one individual, seems to be the only other access to a backyard parking place. He also stated that the comment about the steepness of this alley and potential problems in the winter is true. The alley is used not only by one of the residents for access to parking in the rear, but there is a house located in the lower end of the alley and a garage that is utilized. Additionally, trash trucks use the alley for trash pick-up. Mr. Hill advised that from the walk of the alley conducted by the Board and the comments heard from the residents; the neighbors are opposed to the alley vacation. He stated that on many occasions concerns can be resolved to the satisfaction of all parties involved. However, in this instance, residents have commented that they need access by way of this alley to get to their garages or parking behind their houses. Mr. Hill further stated that the Board must be sensitive to the concerns of the neighbors and at this point he is disinclined to recommend this alley vacation favorably. He further stated that he applauds the efforts of Mr. McCarthy in rehabilitating the property but based on the concerns of the neighbors and the inconvenience that will result, the Board does not want to create an intolerable situation for them. Mr. McCarthy stated that vacation of the alley would not deny access to the residents and that he feels there is no rational reason for the alley to remain as is. Mr. Leszczynski stated that trash trucks utilize the alley from Lincolnway West to the river. Mr. Hill advised that closing the proposed alley would cause problems for the trash trucks also as the space is tight because of the location of a utility pole. 342 REGULAR MEETING AUGUST 27, 1984 Mr. McCarthy and Mr. Zappia, illustrated on a diagram which showed the location of the proposed alley to be vacated, how a possible change to the original petition could be made in order to assist the residents reaching their properties and garages. Mr. Hill advised Mr. McCarthy and Mr. Zappia that the role of the Board is to conduct a review of the proposed vacation for the Common Council and stated that Mr.. McCarthy will be given an opportunity to discuss possible revisions to the initial proposed alley vacation to the Common Council at the appropriate time. Therefore, based on all information heard, upon a motion made by Mr. Vance, seconded by Mr. Hill and carried, the Clerk was instructed to forward to the Common Council an unfavorable recom- mendation on the above referred to alley vacation as initially submitted. APPROVE OFFER TO PURCHASE REAL PROPERTY - BUREAU OF HOUSING LOCAL HOMESTEADING PROGRAM - 813 SOUTH MEADE STREET As part of the new Bureau of Housing Local Homesteading Program, Ms. Janet S. Holston, Director, Bureau of Housing, presented to the Board for approval an Offer to Purchase Real Property for the property located at 813 South Meade Street in the amount of. $10,000.00. She advised that the owner of the property, Michael E. Mrozinski and Jill Mrozinski, are asking $13,900.00 for the property but the Bureau of Housing appraisal lists an "as -is" value of $10,000.00 and it is her recommendation that the $10,000.00 amount is a reasonable price for this property which would fit into the Local Homesteading Program. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above Offer to Purchase Real Property in the amount of $10,000.00 from Michael E. and Jill Mrozinski for the house located at 813 South Meade Street was approved and executed. APPROVE COMMUNITY DEVELOPMENT CONTRACT AND ADDENDUM The following Community Development Contract and Addendum were presented to the Board for approval: URBAN ENTERPRISE ASSOCIATION UEA BROCHURE ACTIVITY The targeted goal for this activity is to design, publish and distribute promotional materials for the Urban Enterprise Zone Program. The total cost of this activity shall not exceed $2,000.00. ADDENDUM II DEPARTMENT OF PUBLIC WORKS GENERAL STREET IMPROVEMENTS ACTIVITY Addendum II indicates further clarification in budget categories. The total cost of this activity shall not exceed $713,555.00 with the maximum amount to be expended in the East Bank Development Area not to exceed $221,156.00. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the above Contract and Addendum were approved and executed. APPROVE REQUEST OF BUREAU OF HOUSING TO RESCIND CONTRACTOR AND HOMEOWNER AGREEMENT - NEIGHBORHOOD PAINT -UP PROGRAM FOR PROPERTY AT 812 WEST THOMAS STREET Mr. Ted Leverman, Bureau of Housing, advised the Board that the Neighborhood Paint -Up Program Agreement for the Repair of Real Property Between the Board of Public Works and Contractor entered 1 343 REGULAR MEETING AUGUST 27, 1984 into with Aardvark Construction Company and the Agreement for the Rehabilitation of Real Property between the Board of Public Works and Homeowner entered into with Mr. Silas West for the property at 812 West Thomas Street entered into on September 19, 1983 be rescinded. Mr. Leverman further requested that new Agreements be entered into with Hanks Enterprize and Mr. West for this project. It was noted that the above referred to Agreements are being recommended for rescission as Aardvark Construction. Company has not performed satisfactorily and have been removed from the Bureau of Housing contractors list. Upon a motion made by Mr. Vance, seconded by Mr. Leszczynski and carried, Mr. Leverman's recommendation was accepted and the original_ Agreements approved and executed by the Board on September 19, 1984 were rescinded. APPROVE CONTRACTOR AND HOMEOWNER AGREEMENTS - BUREAU OF HOUSING NEIGHBORHOOD PAINT -UP PROGRAM Ms. Janet S. Holston, Director, Bureau of Housing, submitted to the Board for approval two (2) Neighborhood Paint -Up Program Agreements for the Rehabilitation of Real Property between the Board of Public Works and Homeowner and Neighborhood Paint -Up Program Agreements for the Repair of Real Property between the Board of Public Works and Contractor as follows: 1. HOMEOWNER: Silas West ADDRESS: 812 W. Thomas CONTRACT AMOUNT: $550.00 CONTRACTOR: Hanks Enterprize 2. HOMEOWNER: Marva Williams ADDRESS: 946 E. Sorin CONTRACT AMOUNT: $461.00 CONTRACTOR: Campbell Electric Co. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above Agreements were approved and executed. APPROVE AMENDED GENERAL RELEASE - CONRAIL/CITY OF SOUTH BEND FOR CLEANING AND PAINTING OF U.G. BRIDGE NO. 437.53, SOUTH BEND, INDIANA (WESTERN/WALNUT VIADUCT) Mr. Leszczynski advised that on August 6, 1984, the Board of Public Works approved and executed a General Release submitted by Con- solidated Rail Corporation which permits the City of South Bend to enter onto U.G. Bridge No. 437-53, Main Line - Buffalo to Chicago, said property owned or leased by Conrail, for the purpose of cleaning.and painting. Mr. Leszczynski further advised that this amended General Release contains language previously stricken by the Board on the Release approved and executed on August 6, 1984, but recommended for approval at this time. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the Amended General Release provided by Conrail was approved and executed. REQUEST TO PURCHASE CITY -OWNED PROPERTY AT 1207 KING STREET REFERRED In a letter to the Board, Mr. Clark W. Clark, 1205 King Street, South Bend, Indiana, indicated that he is interested in purchas- ing Lot 13 - Northwest Addition 2nd Plat (18-2166-6081) commonly known as 1207 King Street. Mr. Clark advised that he has recently purchased Lot #12 and would like to extend his property lines and he has been keeping the lot clean. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above request was referred to the necessary City departments and bureaus for a determination as to whether or not the City retain the lot for any reason. REGULAR MEETING AUGUST 27, 1984. REQUEST TO HAVE PARKING SPACE IN FRONT OF 717 EAST ALTGELD STREET DESIGNATED AS A HANDICAPPED PARKING SPACE REFERRED In a letter to the Board, Mr. Elmer C. Blondell, 717 East Altgeld Street, South Bend, Indiana, requested that the parking space in front of his house be designated as a handicapped parking space.. He stated that he has had his right leg amputated and being able to park in front of his home would facilitate matters for him as on many occasions his neighbors park in front of his home and it is difficult for him to walk any distance. 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 recom- mendation. APPROVE BLOCK PARTY AND STREET CLOSURE REQUESTS Mr. Leszczynski advised that Mr. Ralph J. Wadzinski, Manager, Bureau of Traffic and Lighting, and Captain Edward Friend, Police Department Traffic Division, have reviewed the following block party and street closure requests and recommended approval: 1. Petitioner: Kathy Kowieski Address: 127 South Ellsworth Place Street to be Closed: Ellsworth Street from Washington to Wilson Dates & Times: Saturday, September 8, 1984 from 4 p.m. until dark Purpose: Neighborhood Block Party 2. Petitioner: Jennifer Perkins Address: 1254 East Miner Street Street to be Closed: Miner from Washington to Sunnyside Dates &Times: September 1, 1984 from 3-8 p.m. Purpose: Birthday Party 3. Petitioner: Thomas Lue Address: 643 LaPorte Street to be Closed: 600 block of Studebaker Street Dates & Times: Monday, September 3, 1984 from 1-6 p.m. Purpose: Y-Knot Shack Picnic 4. Petitioner: Donna Gillett Gehring Address: 1124 Sunnymede Avenue Street to be Closed: Sunnymede between Eddy and Sunnyside Dates & Times: Sunday, September 2, 1984 from noon to 9 p.m. Purpose: Neighborhood Block Party 5. Petitioner: Sara H. Goetz Address: 1067 Woodward Avenue Street to be Closed: 1000 block of Woodward Avenue between Golden and Vassar Dates & Times: Sunday, September 2, 1984 from 12:30-7 p.m. Purpose: Neighborhood Block Party It was noted that approval was recommended subject to the maintenance of a ten foot (10') clear and unobstructed lane for emergency pur- poses. It was further noted that the Petitioners will be responsible. for placement and removal of the barricades with said barricades to be delivered by the Bureau of Traffic and Lighting. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the above recommendations were accepted and the requests approved. APPROVE REQUEST TO CONDUCT RALLY ON STAGE AREA ON RIVER BEND PLAZA - SEPTEMBER 29, 1984 Mr. Leszczynski advised that Mr. Ralph J. Wadzinski, Manager, Bureau of Traffic and Lighting, and Ms. Mikki Dobski, Community Affairs Director, and Captain Edward Friend of the Police Department Traffic Division have reviewed the request of Ms. Dorothy Jaffee submitted to the Board on August 20, 1984 to conduct a "Dump Regan" 345 REGULAR MEETING AUGUST 27, 1984 Rally on River Bend Plaza on September 29, 1984, and recommends approval subject to the Board being provided with the time the rally is to be conducted. It was noted that the actual time was pending subject to the speaker's schedule. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the above recommendation was accepted and the request approved. APPROVE LICENSE APPLICATION - OPEN AIR STAND Mr. Leszczynski advised that the following license application has been received: NAME: The Great American Hot Dog Stand BY: David J. Matthews ADDRESS: 428 North Sunnyside STAND TO BE LOCATED AT: 921 N. Eddy, Goodwill Plaze-SE Corner DATES: July 30, 1984 December. 3.1, 1984 FOR THE PURPOSE OF: Hot dogs, soda, popcorn, snacks, etc. Mr. Leszczynski further advised that favorable recommendations have been received from the Police Department, Department of Code Enforce- ment, Fire Department and Bureau of Traffic and Lighting for the above application. Additionally, a letter from Mr, Larry Neff, President, Goodwill Industries, was attached which indicated that Goodwill is negotiating a long-term lease with Mr. Matthews for the use of part of the parking lot at Goodwill Plaza. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above license application was approved and referred to the Deputy Controller's office for issuance. DENY LICENSE APPLICATION - CARNIVALS AND CIRCUSES Mr. Leszczynski advised that the following license application to conduct a 3-ring circus has been received and is as follows: NAME: Circus Vargas ADDRESS: 11559 Sherman Way, Suite 200, North Hollywood, CA BY: Grisel Saez, Marketing Director ADDRESS: 5117 South Ironwood Dr. (4-H Fairgrounds) DATES OF CIRCUS: September 14-17, 1984 LOCATION OF CIRCUS: 4-H Fairgrounds, 5117 South Ironwood South Bend, Indiana Mr. Leszczynski further advised that this license application has been reviewed by various City departments and based on recom- mendations received, this application is being recommended for denial. It was noted that after review by the various departments it was determined that Circus Vargas could not meet the circus license requirements concerning zoning. Mr. Richard Johnson, Executive Director, Area Plan Commission, advised that the site proposed for the circus is zoned "A" residence. Sections 21-110, 111 and 112 (a)(6)'of-the Municipal Code allow fairs, displays, shows and exhibits, as an exception in all zoning districts, provided that they are conducted by public or semi-public voluntary organizations such as Boy Scouts Girl Scouts, Campfire Girls, Izaak Walton League or the 4-H Fair, subject to a number of conditions and Circus Vargas does not qualify for this exception. Further, since the site is zoned "A" Residence and within 1,OOO feet of the Hamilton School, which is leased by the School Corporation to the Michiana College of: Commerce, the provisions of Section 4-22e(1) and maybe Section 4-22e(2) must apply. Based on the above information provided to the Board, upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and . carried, the above application was denied as it did not meet circus licensing requirements concerning zoning. 346 REGULAR MEETING AUGUST 27, 1984 APPROVE RELEASE OF CONTRACTOR'S BOND Mr. Melvin Humphrey, Engineering Department, recommended that the Contractor's Bond for Andrew Place/Workmasters, Inc. be released effective August 27, 1984. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above Contractor's Bond was released. APPROVE EXCAVATION BOND Mr. Melvin Humphrey, Engineering Department, recommended that the Excavation Bond for John E. Jankowski be approved effective August 27, 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. Hill and carried,the following three (3) handicapped parking permit applications were approved and referred to the Deputy Controller's office for issuance of permits: Charles M. Harper, 201 E. Oakside, S.B. Charles M. Coleman, 4238 Hickory, Mish. Millicent B. Tyler, 50505 U.S. 31 N., #19 FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORT A report from the Department of Code Enforcement indicating a total of one hundred seventy (170) properties cleaned from August 20, 1984 to August 24, 1984 was submitted. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the report as submitted was filed. FILING OF ADJUSTED PARKING RATES - SOUTH BEND PARKING COMPANY, INC. Mr. Leszczynski advised that Mr. Harry.Coffman of the South Bend Parking Company, Inc., Room 408, Lafayette Building, South Bend, Indiana has submitted to the Board for filing the following information regarding adjusted parking rates: LOT #8 - 115 EAST WAYNE STREET $1.75 up to 12 hours LOT #3 - CORNER OF COLFAX & LAFAYETTE STREETS ..00 up to 12 hours Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above adjusted parking rates as submitted were filed. APPROVE CLAIMS City Controller Michael L. Vance submitted Claim Docket No. 16056 through Claim Docket No. 16640 and recommended approval. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the claims -were approved and the report filed. PRIVILEGE OF THE FLOOR COMMENTS BY MR. BRUNO EIDIETIS OF COMPUTER SPECIALISTS REGARDING AWARD OF BID TO COMPUTERLAND AND EVALUATION OF COMPUTER SPECIALISTS BID BY CROWE CHIZEK AND COMPANY Mr. Bruno Eidietis, President, Computer Specialists, Division of Audio Specialists, 401 North Michigan.Street, South Bend, Indiana, was present at the meeting.and addressed the Board. Mr. Eidietis stated that he has been at the last four (4) meetings of the Board and has been patient in hopes that the Board and Crowe Chizek would release information and answer questions regarding the 347 REGULAR MEETING AUGUST 27, 1984 bid for computers awarded to Computerland and questions he had regarding the evaluation of the bid submitted by Computer Specialists. He advised that he received last week what he assumes to be a final statement by Crowe Chizek and from the Board refusing to answer any questions and that Crowe Chizek stands on their recommendation. It was noted that in response to Mr. Eidietis's letter of August 2, 1114, to Mr. Vance, his letter of August 2, 1114 to City Attorney Richard Hill, his letter of August 3, 1984 to Board President John E. Leszczynski and Common Council President Beverlie J. Beck's letter to the Board of Public Works dated August 6,.1984, Crowe Chizek and Company provided to Mr. Vance a response to all those inquiries. A copy of Crowe Chizek's .response was sent to Mr. Eidietis by Mr. Vance with a cover letter dated August 21, 1984. Mr. Eidietis stated that accord- ing to his letter from Mr. Vance it is Mr. Vance's position that the City is going with the recommendation of Crowe Chizek and accepting their evaluation. He stated that he has met with Crowe Chizek regarding his concerns over the evaluation process but it was explained in general terms. He specifically had questions regarding the point scoring system used and he believes that Computer Specialists was grossly.mis-scored and a difference of 3,000 points would have given Computer Specialists the favorable recommendation. He believes he was mis-scored 22,000 points. In general, Mr. Eidietis was displeased with the response received from Crowe Chizek and indicated that the information provided was contradictory to prior conversations held. Mr. Eidietis had with him a tape recording of his conversations with Crowe Chizek and he wanted to play a 30-40 second segment of the tape for the Board. Mr. Hill on behalf of the Board advised Mr. Eidietis that the Board did not want to listen to a 30-40 second segment of the tape as that segment could be taken out of context without hearing the entire conversation. Mr. Eidietis stated that he has questions regarding how Crowe Chizek applied the guidelines adopted to the evaluation of the bids and he believes they were not consistent. Mr. Hill advised that he has reviewed all the correspondance relating to this matter and it is obvious that Mr. Eidietis's disagreement is with Crowe Chizek's evaluation process and obvious that he is not objective, but no more objective than any other bidder would be who was not awarded a bid. As every vendor wants to believe their equipment is'the best suitable for the City, the City hired Crowe Chizek, professionals in the field, to provide the City with the services it required in this matter. Mr. Hill advised that it appeared that nothing could be said to bring Mr. Eidietis to the point of agreeing with Crowe Chizek's recommendation and the City has no intention of reject- ing their recommendation. Mr. Eidietis stated that he did not expect the City to reject Crowe Chizek's recommendation but his concern is based on the fact that the bid they recommended is in excess of $30,000.00 and wondered if the Board thought that perhaps Crowe Chizek had made a mistake in the evaluation and that perhaps an independent consultant should be hired to review the matter. In response to Mr. Eidietis' last comments, it was the consensus of the Board that they are confident with Crowe Chizek's recom- mendation for the award of the bid for computers to Computerland and had no intention of rejecting Crowe Chizek's recommendation. MW REGULAR MEETING AUGUST '27 , 1984 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 was adjourned at 10:17 a.m. n E. Leszczy s i 10, Richard L. Hill- ")� ATTEST: Sandra M. Parmer ee, Clerk 1