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HomeMy WebLinkAbout09/04/84 Board of Public Works Minutes349 REGULAR MEETING SEPTEMBER 4, 1984 The regular meeting of the Board of Public Works was convened at 9:35 a.m. on Tuesday, September 4, 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. AGENDA ITEMS ADDED Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the Lease Purchase Agreements for Clay Utilities, Inc. Waterworks Facilities and Sewage Disposal Facilities and one (1) traffic control device were added to the agenda. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Hill, seconded by Mr. Vance and carried, the minutes of the August 27, 1984, regular meeting of the Board were approved. OPENING OF BIDS - FIFTY-FIVE (55) SELF-CONTAINED BREATHING APPARATUS UNITS FOR THE SOUTH BEND FIRE. DEPARTMENT This was the date set for receiving and opening of sealed bids for the above referred to equipment. 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: BREATHING AIR SYSTEMS Bid was signed by William E. McBride, 8855 East Broad Street, R.R. #1 President, Non -Collusion Affidavit Reynoldsburg, Ohio 43068 was in order and a Certified Check in the amount of $5,142.89 was submitted. BID: Fifty -Five (55) Survivair #9842-03 SCBA Units at $935.07 each for a total of $51,428.85. Options: Twenty-five (25) #9161-03 Spare Cylinders at $245.07 each for a total of $6,126.75. Face Mask and Hose Assemblies at $185.07 each Trade -In Allowance - $45.00 each for old units Board Attorney Carolyn V. Pfotenhauer advised that the bid submitted by Mine Safety Appliances Company, 600 Penn Center Boulevard, Pittsburgh, Pennsylvania is defective as it is not on the proper State Board of Accounts forms as required by state statute and she therefore recommends -that it be rejected. Upon a motion made by Mr. Hill, seconded by Mr. Vance and carried, Ms. Pfotenhauer's recommendation was accepted and the bid rejected for non-compliance. It was noted that Grumman Emergency Products, Inc. 1723 Seibel Drive, N.E., Roanoke, Virginia, advised that they decline to bid at this time on the above referred to equipment. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the one (1) valid bid received was referred to the Fire Department for review and recommendation. OPENING OF BIDS - 1. WASHINGTON TWO-WAY STREET PROJECT 2. LELAND AVENUE SEWER PROJECT 3. MONROE PARK PHASE VI PROJECT 4. WESTERN AVENUE WALKS & CURBS PROJECT 5. HANDICAP RAMPS PROJECT This was the date set for receiving and opening of sealed bids for the above referred to projects. The Clerk tendered proofs of pub- lication 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: 350 REGULAR MEETING SEPTEMBER 4, 1984 1. WASHINGTON TWO-WAY STREET PROJECT It was noted that the Engineer's Estimate for this project is $30,000.00. TRANS TECH ELECTRIC, INC. Bid was signed by Robert_J. P.O. Box 3915 Urbanski, President and Sally South Bend, Indiana 46619 J. Urbanski, Secretary, Non - Collusion Affidavit was in order and a 5% Bid Bond was submitted. TOTAL AMOUNT OF BID: $27,700.00 DELTA STAR ELECTRIC, INC. 1125 South Walnut Street South Bend, Indiana 46619 TOTAL AMOUNT OF BID: $25,426.00 Bid was signed by Edward Berebitsky, President and Charles T. Keil, Secretary, Non -Collusion Affidavit was in order and a 5% Bid Bond was submitted. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill.and carried, the above bids were referred to the Engineering Department for review and recommendation. 2. LELAND AVENUE SEWER PROJECT PRESSURE CONCRETE CONSTRUCTION COMPANY 315 South Court Street Florence, Alabama TOTAL AMOUNT OF BID: $29,393.00 Bid was signed by Charles L. Rogers, Vice-Presideet and Susie Martin, Assistant Secretary, Non -Collusion Affidavit was in order and a 5% Bid Bond was submitted. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above bid was referred to the Engineering Department for review and recommendation. 3. MONROE PARK PHASE VI PROJECT It was noted that the Engineer's Estimate for this project is $12,000".00. WALSH & KELLY, INC. 24358 State Road 23 South Bend, Indiana TOTAL AMOUNT OF BID: $21,125.00 Bid was signed by Richard D. Vick, Vice -President and D. Joyce Glass, Assistant Secretary, Non -Collusion Affidavit was in order and a 5% Bid Bond was submitted. HARRY H. VERKLER, CONTRACTOR, INC. Bid was signed by Fred H. Lusk, 645 North Wilber President and Harry Lusk, Secretary, South Bend, Indiana Non -Collusion Affidavit was in order and a 5% Bid Bond was submitted. TOTAL AMOUNT OF BID: $40,203.50 THE ROBERT HENRY CORPORATION 404 South Frances Street P.O. Box 1407 South Bend, Indiana 46624 TOTAL AMOUNT OF BID: $10,872.50 Bid was signed by Robert A. Henry, President and Stephen R. Henry, Assistant Secretary, Non -Collusion Affidavit was in order and a MI. Bid Bond was submitted. 1 1 REGULAR MEETING 351 SEPTEMBER 4, 1984 RIETH-RILEY CONSTRUCTION COMPANY, INC. P.O. Box 1775 South Bend, Indiana 46634 TOTAL AMOUNT OF BID: $12,197.50 GEYER CONSTRUCTION AND DEVELOPMENT COMPANY, 67475 Kenilworth Road Lakeville, Indiana 46536 TOTAL AMOUNT OF BID: $16,825.40 Bid was signed by Robert L. McCormick, Superintendent, Non -Collusion Affidavit was in order and a 5% Bid Bond was submitted. Bid was signed by William A. Geyer, as Bidder, Non -Collusion Affidavit was in order and a 5% Bid Bond was submitted. 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. 4. WESTERN AVENUE WALKS AND CURBS PROJECT THE ROBERT HENRY CORPORATION Bid was signed by Robert A. Henry, 404 South Frances Street President and Stephen R. Henry, P.O. Box 1407 Assistant Secretary, Non -Collusion South Bend, Indiana 46624 Affidavit was in order and a 5% Bid Bond was submitted. TOTAL AMOUNT OF BID: $19,937.00 HARRY H. VERKLER, CONTRACTOR Bid was signed by Fred H. Lusk, 645 North Wilber President and Harry Lusk, Secretary, South Bend, Indiana 46628-2394 Non -Collusion Affidavit was in order and a 5% Bid Bond was submitted. TOTAL AMOUNT OF BID: $431245.00 RIETH-RILEY CONSTRUCTION COMPANY, INC. P.O. Box 1775 South Bend, Indiana 46634 TOTAL AMOUNT OF BID: $19,687.50 Bid was signed by Robert L. McCormick, Superintendent, Non -Collusion Affidavit was in order and a 5% Bid Bond was submitted. 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: $23,625.00 Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above bids were referred to the Engineering Department for review and recommendation. 5. HANDICAP RAMPS PROJECT WALSH & KELLY, INC. 24358 State Road 23 South Bend, Indiana Bid was signed by Richard D. Vick,. Vice -President and D. Joyce Glass, 46614 Assistant Secretary, Non -Collusion Affidavit was in order and a 5% Bid Bond was submitted. TOTAL AMOUNT OF BID: $113,475.00 352 REGULAR MEETING SEPTEMBER 4. 1984 HARRY H. VERKLER, CONTRACTOR, INC. Bid was signed by Fred H. Lusk, 645 North Wilber President and Harry Lusk, Secretary, South Bend, Indiana 46628-2394 Non -Collusion Affidavit was in order and a 5% Bid Bond was submitted. TOTAL AMOUNT OF BID: $229,045.00 THE ROBERT HENRY CORPORATION 404 South Frances Street P.O. Box 1407 South Bend, Indiana 46624 TOTAL AMOUNT OF BID: $127,825.00 RIETH-RILEY CONSTRUCTION CO., INC. P.O. Box 1775 South Bend, Indiana 46634 TOTAL AMOUNT OF BID: $78,817.50 Bid was signed by Robert A. Henry, President and Stephen R. Henry, Assistant Secretary, Non -Collusion Affidavit was in order and a 5% Bid Bond was submitted. Bid was signed by Robert L. McCormick, Superintendent, Non - Collusion Affidavit was in order and a 5% Bid Bond was submitted. 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. PUBLIC HEARING - LICENSE APPLICATION FOR MASSAGE ESTABLISHMENT FOR JAPAN ORIENTAL HEALTH SPA. 229 NORTH LAFAYETTE BOULEVARD This was the date set for the Board's public hearing on the applica- tion for a Massage Establishment submitted by Jin Sung Chung to operate a massage establishment at 229 North Lafayette Boulevard. The Clerk tendered proofs of publication of Notice in the South Bend Tribune and the Tri-County News which were found to be sufficient. Ms. Marie Plain, 1229 Ridgedale Road, South Bend, Indiana, Clerk of the Session of First Presbyterian Church, 333 West Colfax Avenue, South Bend, Indiana, was present and addressed the Board. Ms. Plain stated that the Session discussed the matter of the Massage Establishment and strongly protests the health spa. She further stated that it has come to their attention that similar operations conducted by this applicant in Kentwood and Grand Rapids, Michigan, are covers for houses of illicit behavior and such operation is not appropriate near the Church and in downtown South Bend. She further advised that it has come to the attention of the church that the owners of the premises at 229 North Lafayette Boulevard wish to withdraw their lease with the above applicant. Ms. Plain advised that on August 31, 1984, as Clerk of the Session of The First Presbyterian Church, she sent a letter to Mr. Paul Roelke, Building Commissioner, asking that the church be notified of any zoning hearings or any other business that might relate to this matter. As not enough time was available for a new letter to be written to the Board, Ms. Plain presented Board members with a copy of her letter to Mr. Roelke. Mr. John Mihelich, 1122 Clermont Drive, South Bend, Indiana, addressed the Board and advised that he is a member of the Board of Trustees of The First Presbyterian Church. He stated that the impact of such an establishment as that proposed would be enormous. He advised that The First Presbyterian Church offers day car services and is one-half block away from the proposed establishment. Further, senior citizen housing and other churches are located in the area and it would be highly inappropriate to have such an establishment in South Bend. 1 11 1 353 REGULAR MEETING SEPTEMBER 4, 1984 Mr. Burt Ford, residing at 1512 Wildflower, South Bend, Indiana, and practicing law at 1800 Valley American Bank Building, South Bend, Indiana, was present and advised that he is a member of The First Presbyterian Church. He stated that he has reviewed the application of the Japan Oriental Health Spa and under the Section entitled CONVICTIONS the applicant stated N/A which he considered inappropriate. He stated that if there were no convictions the answer should have been NONE and therefore it is his opinion that the application is not in compliance with the ordinance requirements. In response to Mr. Ford's comments regarding the answer of N/A listed on the application as not being an appropriate response, Mr. Hill advised that as part of the normal process of review of these applications, the Board of Public Works initiates on its own a police records check of the applicant which is an independent review of the applicant's information. Dr. Philip J. Sorensen, 1506 Woodmont, South Bend, Indiana, Pastor of The First Presbyterian Church, addressed the Board and stated that he would second all those comments made by members of the Church. He stated that the potential use of the establishment for prostitution or illicit sexual behavior would be impossible for the Police Department to monitor and as these establishments have a history of this kind of conduct it would have a very negative impact in South Bend. There being no one else present wishing to speak either for or against the above referred to application for a Massage Establish- ment, upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the public hearing on this matter was closed. Mr. Hill stated that the Board appreciates all of the comments that have been made today. He stated that in particular areas this Board has broad discretion and in others it does not. He stated that the Board must look at the zoning requirements and other licensing procedures. Even though Board members might agree with the negative impact this type of establishment may have in South Bend, if the application is to be denied, the Board must have a basis for the denial that can be legally sustained. He stated that he is very sensitive to the points that have been raised but the Board must limit its inquiry to the provisions that are based in the licensing process. He stated that a police check on this applicant has been provided by the Assistant Chief of Police and that%as of August 15, 1984, the applicant had no record with the South Bend Police Department. Based on reference having been made to the conduct of the -applicant in other communities, Mr. Hill suggested that the Board continue the matter of this applica- tion for Massage Establishment submitted by Jin Sung Chung and take it under advisement until further information can be obtained as to what has been the history in other communities listed on the application in which the applicant has had operations. He stated that further information under the existing ordinance should be considered by the Board. Therefore, upon a motion made by Mr. Hill, seconded by Mr. Vance and carried, the Massage Establishment License application of Jin Sung Chung to operate the Japan Oriental Health Spa at 229 North Lafayette Boulevard, South Bend, Indiana, was taken under advisement until further information regarding the history of the applicant can be obtained through the Police Department. PUBLIC HEARING - LICENSE APPLICATION FOR MASSAGE ESTABLISHMENT FOR KIN JA ORIENTAL HEALTH SPA, 932 EAST IRELAND ROAD. This was the date set for the Board's public hearing on the applica- tion for a Massage Establishment submitted by Sonia Scheibe to operate a Massage Establishment at 932 East Ireland Road. The Clerk tendered proofs of publication of Notice in the South Bend Tribune and the Tri-County News which were found to be sufficient. 354 REGULAR MEETING SEPTEMBER 4. 1984 There being no one present wishing to speak either for or against this license application, upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the public haring on this matter was closed. Based on comments heard by concerned citizens regarding the applica- tion for Massage Establishment received from Jin.Sung Chung to operate an establishment known as the Japan Oriental Health Spa at 229 North Lafayette Boulevard, and since both applicants list the same address of residence, upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, this application was taken under advisement and the matter continued until further information regarding the prior history of the applicant can be obtained through the Police Department. PUBLIC HEARING AND RECOMMENDATION - ALLEY VACATION MST 14' E/W ALLEY N. OF L.W.W. RUNNING E. FROM SANCOME AVE. E. TO THE INTERSECTING NIS ALLEY Mr. Leszczynski advised that this was the date set for the Board's public hearing on a proposed alley vacation described as the lst 14' east/west alley north of Lincoln Way West running east from Sancome Avenue east to the intersecting north/south alley abutting Lots 39 & 40 for a distance of 134 feet,. all being in A.H. Cushing's Addition to the City of South Bend. It was noted that the alley also abuts Lot 138 in A.G. Cushing's 6th Addition to City of South Bend. It was noted that this public hearing is being held in order for the Board to submit a recommendation to the Common Council concern- ing the Vacation Petition filed by Mr. John Oxian, 742 Sancome, 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. Mr. John Oxian, 742 Sancome, South Bend, Indiana, Petitioner, was present and addressed the Board. Mr. Oxian asked that the Board favorably consider this vacation. He stated that the alley in question is a dead-end alley, his garage is the only one located off the alley, and this alley is not used by trash trucks. There being no one else present wishing to speak either for or against the proposed alley vacation, and no written objections having been filed with the Board, upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the public hearing on this matter was closed. Mr. Leszczynski advised that favorable comments have been received from the Engineering Department, Area Plan Commission and the Community Development Department concerning this proposed alley vacation. Therefore, upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the Clerk was instructed to forward to the Common Council a favorable recommendation on the above referred to alley vacation subject to any and all utility easements. APPROVE PURCHASE AGREEMENT - SALE OF CITY -OWNED PROPERTY AT 1811 FLORENCE AVENUE Mr. Leszczynski advised that, in accordance with the bid awarded. on August 20, 1984 to Mr. David L. Sypniewski for the purchase of the City -owned property at 1811 Florence Avenue, in the amount of $200.00, a Purchase Agreement was being submitted at this time for Board approval. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the Purchase Agreement was approved and executed and the matter referred to the City Attorney's office for drafting of the appropriate Quit -Claim Deed. 1 1 1 355 REGULAR MEETING SEPTEMBER 4. 1984 RECESS Upon a motion made the regular meeting five minutes. MEETING RECONVENED by Mr. Hill, seconded by Mr. Vance and carried, of the Board of Public Works was recessed for After a short five minute recess, Mr. Leszczynski reconvened the regular meeting of the Board at 10:19 a.m. APPROVE LEASE PURCHASE AGREEMENTS FOR CLAY UTILITIES, INC. WATERWORKS FACILITIES AND.SEWAGE DISPOSAL FACILITIES Mr. Al M.N. Jacobs, Director of Utilities, addressed the Board and made a recommendation that the City purchase Clay Utilities which includes water and sewage facilities. Mr. Jacobs advised that the purchase price for both facilities is $1,560,666.00 with the water- works facilities costing $496,640.00 and the sewage facilities costing $1,064,026.00. The Lease Purchase Agreements being recom- mended for approval today are for both facilities and are for a sixteen year period with the payments for the waterworks facilities being $64,740.00 per year paid semi-annually and the payments for the sewage disposal facilities being$138,706-00 per year paid semi-annually. Mr. Jacobs advised.that revenues coming in on the facility will be used to pay off the debt and no City funds will be used for the purchase. He stated that this is an extremely good investment for the City and stated that Clay Utilities is a system the City knows as it has been managed by the City for the past seven (7) years and has shown a substantial increase in customer service. Mr. Robert M. Parker, Attorney at Law, Parker, Brunner and Hamilton, 120 West LaSalle Avenue, South Bend, Indiana, special counsel to oversee this transaction, was present and addressed the Board. Mr. Parker reiterated that the Board must execute two (2) leases, one (1) for the waterworks facilities and one (1) for the sewage dis- posal facilities. Both leases provide that the Board of Public Works must sign the documents and have a deadline date of November 12, 1984 for execution by the Board of Public Works, Water Board, Wastewater Board and the Common Council. Mr. Parker also advised that a section in both agreements relating to approval by the. Internal Revenue Service has been deleted from the documents. In response to a question from Mr. Hill as to what the current arrangement is with the City and Mr. Fitterling, the present owner of the utilities, Mr. Parker stated that a Lease Purchase was presented in 1977 and approved by the Board. However, the Public Service Commission at that.time did not approve the Lease Purchase. The City continued to operate Clay Utilities water and sewage facilities under the management clause in the Agreement and con- tinued to do billings, repairs and were paid at the rate of eight (8) cents per one -hundred (100) cubic feet of water pumped and sewage treated. Mr. Parker further stated that a substantial increase in customer growth has occured since 1977 with those profits going to Mr. Fittering. With the purchase of the utilities by the City, the City will benefit by any future growth. Mr. Hill stated that in 1977 the denial by the Public Service Commission was based on customer complaints regarding construction costs and contributions to that construction cost. In response to Mr. Leszczynski's inquiry, Mr. Parker advised that those objections at this time have been eliminated. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the Lease Purchase Agreements for the purchase of Clay Utilities, Inc. Sewage Disposal Facilities and Waterworks Facilities were approved. 356 REGULAR MEETING SEPTEMBER 4, 1984 APPROVE COMMUNITY DEVELOPMENT CONTRACTS The following two (2) Community Development contracts were presented to the Board for approval: NEIGHBORHOOD HOUSING SERVICES OF SOUTH BEND, INC. NHS RECEIVERSHIP ACTIVITY The targeted goal for the NHS Receivership Program is to rehabilitate and manage the property at 713 Lindsey in accordance with the program guidelines attached as Appendix II. The total cost of this Program shall not exceed $19,000.00. NEW BUSINESS FACILITIES, INC. BUSINESS AND TECHNOLOGY CENTER OPERATING ACTIVITY The targeted goal for this activity is that 51% of the jobs created through the operation of the Center must be available to low/moderate income individuals. The total cost of this activity shall not exceed $50,000.00. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above contracts were approved and executed. 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 one (1) Neighborhood Paint -Up Program Agreement for the Rehabilitation of Real Property between the Board of Public Works and Homeowner and Neighborhood Paint -Up Program Agreement for the Repair of Real Property between the Board of Public Works and Contractor as follows: HOMEOWNER: Lucille Burnley ADDRESS: 803 North Allen CONTRACT AMOUNT: $395.00 CONTRACTOR: V.V. Engle Construction Company Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above Agreements were approved and executed. AWARD BID AND APPROVE CONSTRUCTION CONTRACT - EAST BANK DEVELOPMENT PHASE II PROJECT In a letter to the Board, Mr. Neil A. Shanahan, Manager, Bureau of Public Construction, recommended that the Board accept the low bid of Geyer Construction and Development Company, 67475 Kenilworth Road, Lakeville, Indiana, in the amount of $79,998.80. 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. Vance and carried, the above bid was awarded and the contract approved subject to Geyer Construction and Development Company providing the appropriate insurance, Performance Bond and Labor and Materials Payment Bonds are filed with the Board. APPROVE REQUEST TO ADVERTISE FOR RECEIPT OF BIDS - SALE OF ABANDONED VEHICLES Ms. Katherine Barnard, Director of the Department of Code Enforcement, requested permission to advertise for the sale of approximately fourteen (14) abandoned vehicles, ten (10) 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. It was noted that all vehicles have been stored more than the required. 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 September 17, 1984 was established for the . receipt of sealed bids. 357 REGULAR MEETING SEPTEMBER 4. 1984 APPROVE REQUEST TO ADVERTISE FOR RECEIPT OF BIDS CITY CEMETERY STORAGE BUILDING In a letter to the Board, Mr. Robert C. Niezgodski, Sexton, City of South Bend and Bowman Cemeteries, 214 Elm Street, South Bend, Indiana, requested that the Board advertise for the receipt of bids for the construction of a 20' x 130' storage building to be located at the rear of 214 North Elm Street, South Bend, Indiana. It was noted that the cost of this construction is to be appropriated from the Cemetery Trust Fund. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the above request was approved. APPROVE CHANGE ORDER NO. 1 (FINAL) AND PROJECT COMPLETION AFFIDAVIT - CONCRETE PAVEMENT REPAIRS 1984 PROJECT Mr. Leszczynski advised that Rieth-Riley Construction Company, Inc., P.O. Box 1775, South Bend, Indiana, has submitted Change Order No. 1 (Final) indicating that the contract amount be increased by $16,736.34 for a new contract sum including this Change Order in the amount of $151,532.49. Additionally submitted was the Project Completion.Affidavit indicating this new final cost. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, Change Order No. 1 (Final) and the Project Completion Affidavit were approved subject to the filing of the appropriate three-year Maintenance Bond. APPROVE CHANGE ORDER NO. 1 (FINAL) AND PROEJCT COMPLETION AFFIDAVIT - DOWNTOWN PARKING LOTS IMPROVEMENTS PROJECT Mr. Leszczynski advised that Rieth-Riley Construction Company, Inc. P.O. Box 1775, South Bend, Indiana, has submitted Change Order. No. 1 (Final) indicating that the contract amount be increased by $3,235.57 for a new contract sum including this Change Order in the amount of $99.,437.05. 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 COUNTEROFFER TO PURCHASE CITY -OWNED PROPERTY AT 615 NORTH FRANCES STREET Mr. Leszczynski advised that on August 20, 1984, the Board of Public Works received and opened a sealed bid for the purchase of the above referred to property from Ms. Shirley Meyers, 617 North Frances Street, South Bend, Indiana, in the amount of $65.00. At that time, the Board rejected the offer of $65.00 and instructed the Clerk of the Board to contact Ms. Meyers with a counteroffer of $160.00 (one-half of the appraised value) for the property. The Clerk advised at this time that on August 24, 1984, Ms. Meyers accepted the counteroffer and is willing to purchase the above referred to property for $160.00. Upon a motion made. by Mr. Leszczynski, seconded by Mr. Hill and carried, the offer of $160.00 was accepted and the matter referred to the City Attorney's office for the drafting of the appropriate Purchase Agreement. APPROVE REQUEST OF WRIGHT CHRYSLER/PLYMOUTH, INC. TO ERECT TENT FOR DISPLAY OF AIRCRAFT AND VEHICLES FOR SOUTH BEND AIR SHOW (SEPTEMBER 10-21. 1984) In a letter to the Board, Mr. Keith J. Clinton, General Manager, Wright Chrysler/Plymouth, Inc., 222 North Lafayette Boulevard, South Bend, Indiana, requested permission to erect a tent from September 10-21, 1984, for the purpose of display of aircraft 358 REGULAR MEETING SEPTEMBER 4, 1984 from the South Bend Air Show and subsequently for vehicles after removal of aircraft. Mr. Clinton advised that the tent will be erected on the property located at 222 North Lafayette Boulevard and the Certification of Fire Retardancy will be available for inspection upon erection of the tent. Upon a motion made by Mr. Vance, seconded by Mr. Leszczynski and carried, the above request was approved subject to the Petitioner complying with the appropriate fire code requirements, favorable recommendation by the Bureau of Traffic and Lighting and Building Department, filing with the Boardof Public Works a Certificate of Insurance in the amount of $1,000,000.00 liability naming the.City of South Bend as an additional insured for this event and the securing of the necessary Building Permit for the erection of the tent. REQUEST TO CONDUCT BLOCK PARTY ON SUNNYMEDE - SEPTMEBER 23, 1984 REFERRED In a letter to the Board, Mr. Kristen J. Phillips, 1423 Sunnymede Avenue, South Bend, Indiana, requested permission to block -off Sunnymede Street between Twyckenham and Sunnyside for the neigh- borhood annual block party on September 23, 1984 from 3:OO p.m. to 10:00 p.m. 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. MASSAGE TECHNICIAN LICENSE APPLICATION CONTINUED Mr. Leszczynski advised that a Massage Technician license application has been received from Ms. Chong Sun Sin, 932 Ireland Road, South Bend, Indiana. A Police Department records check indicated that Ms. Sin has no record with.the South Bend Police Department. As required, a letter from Hun-Koo Cho. M.D., stating that Ms. Sin has no contagious or communicable disease was attached to the license application. It was noted that the applicant indicated that she intends to work at the Kin Ja Oriental Health Spa at 932 East Ireland Road that being the address listed as her address on the application. As the Board, at the public hearing held today on the Massage Establishment application of Kin Ja Oriental Health Spa, took the matter of the application under advisement because of citizen concerns, upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, this application was also taken under advisement and continued until further police record background checks can be completed. APPROVE REQUEST OF SAINT JOSEPH'S MEDICAL CENTER TO CONDUCT 1984 SPORTSMED 1OK - OCTOBER 28. 1984 Mr. Leszczynski advised that Mr. Ralph J. Wadzinski, Manager, Bureau of Traffic and Lighting, and Captain Edward Friend of the Police Department Traffic Division, have reviewed the request of Saint Joseph's Medical Center'to conduct the 1984 Sportsmed 10K run and Fun Run on October 28, 1984, said request submitted to the Board on May 21, 1984 and recommended approval. The route utilized in prior years and submitted with the request on May 21, 1984 was approved. However, the route of the Fun Run has been changed and the Bureau of Traffic and Lighting recommended that the runners stay on Notre Dame Avenue from Jefferson to Northside Boulevard. It was noted that the Medical Center has provided the City of South Bend with a $1,000,000.00 Certificate of Insurance naming the City as an additional insured for this event and it is on file in the office of the Board. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above recommendations were accepted -and the request approved. 359 REGULAR MEETING SEPTEMBER 4. 1984 DENY REQUEST OF ATHLETIC ANNEX TO CONDUCT "SPORTSMED 1OK" AND FUN RUN ON OCTOBER 26, 1984 Mr. Leszczynski advised that on January 16, 1984, Mr. Dean A. Reinke of the Athletic Annex, 125.0 Scottsdale Mall, South Bend, Indiana, requested permission to conduct a "Sportsmed 10K" and Fun Run on Sunday, October 28, 1984,.utilizing the following routes: Start on Jefferson run east to Notre Dame Avenue, south to Northside; run Northside east along the river to 26th Street; run east to 35th Street; north to Pleasant; Pleasant (turns into Northside) back along river to St. Louis finishing in front of Howard Park. 1.2 mile fun run will also be proposed to be the same as 1983 - Jefferson to Notre Dame; jog east on Notre Dame; south to Northside and back to St. Louis. On.July 9, 1984, the Saint Joseph's Medical Center Sports Medicine Department filed suit in St. Joseph County Circuit Court against Mr. Reinke, the former Sportsmed 10K Race Director. It was noted that Mr. Reinke was dismissed from the Center in May but maintained that the race belongs to him. On August 17, 1984, Circuit Court Judge John Montgomery ruled that the race belongs to the Saint Joseph's Medical Center. Based on that information, upon a motion made by Mr. Leszczynski, seconded by Mr. Hill .and carried, the request of Mr. Reinke submitted in January of 1984 to conduct a Sportsmed 10K race and Fun Run was denied. APPROVE REQUEST OF CHALLENGE, INC. TO CONDUCT 5-MILE RUNNING EVENT AS A FUNDRAISER FOR ST. JUDE'S CANCER RESEARCH CENTER - SEPTEMBER 30, 1984 Mr. Leszczynski advised that Mr. Ralph J. Wadzinski, Manager, Bureau of Traffic and Lighting and Captain Edward Friend, South Bend Police Department Traffic Division have reviewed the request of Mr. Dean A. Reinke, President, Challenge, Inc., 1250 Scottsdale Mall, South Bend, Indiana, to conduct a 5-mile running event and mile fun run on Sunday, September 30, 1984 and recommended approval. In his letter to the Board, Mr. Reinke stated that Challenge, Inc. would like to conduct a 5-mile running event on Sunday, September 30, 1984, at 9:00 a.m, starting and finishing at Rum Village Park. The event will be held in conjunction with the St. Jude's Cancer Research Center as a fundraiser for this benefit. The route which Mr. Reinke proposed has been modified by the Bureau of Traffic and Lighting and the route recommended for approval to minimize in- convenience to.residents on Gertrude, is as follows: Runners will start in Rum Village Park Entrance, proceed west to Gertrude Street, run South to Ireland, turn east on Ireland Road to Keria Trail, Keria Trail to Chippewa, east on Chippewa to Main Street, north on Main to Ewing Avenue, west on Ewing to the Park and finish in Rum Village Park. Mr. Reinke additionally stated that the one mile Fun Run will be run completely within Rum Village Park. Based on the above review by the Bureau of Traffic and Lighting and SBPD Traffic Division and recommendation for change in the route, upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above request was approved subject to the Board of Park Commissioners approving the use of Rum Village Park for the 5-Mile Run to begin and end in Rum Village Park and the running'of the one -mile Fun Rum to be held completely within Rum Village Park and subject.to Challenge, Inc. submitting to the Board a Certificate of Insurance in the amount of $1,000,000.00 liability naming the City of South Bend and the Board of Park Commissioners as additional insureds for these events. 360 REGULAR MEETING SEPTEMBER 4, 1984 APPROVE REQUEST OF SOUTH BEND HOLIDAY PARADE COMMITTEE TO CONDUCT HOLIDAY PARADE ON DECEMBER 1. 1984 Mr. Leszczynski advised that Mr. Ralph J. Wadzinski, Manager, Bureau of Traffic and Lighting and Captain Edward Friend of the South Bend Police Department. Traffic Division have reviewed the request of the South Bend Holiday Parade Committee to conduct the Holiday Parade on December 1, 1984 at 9:00 a.m., said request sub- mitted to the Board on August 13, 1984, and recommend approval of the.'date and time and recommend that the following parade route be utilized: Parade route shall be old Michigan Street.: (River.Bend Plaza) from Colfax to Western Avenue. Marshalling area shall be 100 east and west Colfax, Morris Civic and service drive, Woodward,Court and the east one-half. of 100-and 200 north Main Street. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above recommendation was accepted and the request approved subject to the Petitioner filing with the Board a Certifi- cate of Insurance in the amount of $1,000,000.00 liability.naming the City of South Bend as an additional insured for this event. APPROVE REQUEST OF J.E. WALZ, INC. TO CONDUCT ANNUAL TENT SALE - SEPTEMBER 6-24, 1984 In a letter to the Board, Mr. John R. Walz, Secretary -Treasurer, J.E. Walz, Inc., 3423 South Michigan Street, South Bend, Indiana, requested permission to hold a tent sale from September 6-24, 1984. Mr. Leszczynski advised that Mr. Ralph J. Wadzinski, Manager, Bureau of Traffic and Lighting, has reviewed this request and recommends that the request for this event be approved subject to any lighting or advertising to be placed on J.E. Walz's private property directed away from motorists in such a manner so as not to present itself as a traffic hazard. It was noted that the Fire Department Prevention Bureau has been in contact with the Petitioner regarding fire code requirements with a final inspection to be made after the tent is erected. After final approval by the Fire Department Prevention Bureau,'the necessary Building Permit can be secured from.the Build- ing Department. It was further noted that J.E. Walz has submitted to the Board a Certificate of Flame Resistance for the tent and a Certificate of Insurance in the amount of $1,000,000.00 liability naming the City of South Bend as an additional insured for this event. Based on the above, upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above request as submitted was approved. DENY REQUEST TO HAVE PARKING SPACE IN FRONT OF 2205 SOUTH FRANKLIN STREET DESIGNATED AS A HANDICAPPED PARKING SPACE Mr. Leszczynski advised that Mr. Ralph J. Wadzinski, Manager, Bureau of Traffic and Lighting and Captain Edward Friend, South Bend Police Department Traffic Division have reviewed the request of Mrs. Gladys Nordin to have the parking space in front of her home designated as a handicapped parking space, said request submitted to the Board on August 20, 1984, and recommend that the request be denied at this time. Mr. Wadzinski advised that a two-day traffic field check of the above referred to location revealed that the designa- tion is not warranted and therefore recommends denial. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the above recommendation was accepted and the request denied. APPROVE EXCAVATION BOND Mr. Joseph J. Pluta, P.E., Engineering Department, recommended that the Excavation Bond for Henkels & McCoy, Inc. be approved effective September 4, 1984. Upon a motion made by Mr. Leszczynski,-seconded by Mr. Hill and carried, the above Excavation Bond was approved. 361 REGULAR MEETING SEPTEMBER 4, 1984 APPROVE CONTRACTOR'S BOND Board Attorney Carolyn V. Pfotenhauer, recommended that the Contractor's Bond for Bendix Corporation Aircraft Brake and Strut Division be approved retroactive to July 31, 1984. Upon a motion made by Mr`. Leszczynski, seconded by Mr. Hill and carried, the above Contractor's 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 applica- tions were approved and referred to the Deputy Controller's office for issuance of permits: Mrs. Jack Frankenstein, 820 Lincolnway, Sedgwick House, Mish. Blanche Grunert, 426 N. Studebaker, S.B. F.R. Nicholas Carter, M.D., 312 Rue Rabelais, Apt. 661, S.B. FILING OF STREET LIGHT OUTAGE REPORT The report submitted to the Board indicated a_total of eighteen (18) outages for the period August 17, 1984 to August 30, 1984. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the report as submitted was filed. APPROVE TRAFFIC CONTROL DEVICE Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the following one (1) traffic control device was approved: NEW INSTALLATION - STOP SIGN - On Anderson at Elwood. (Uncontrolled "T" Intersection). FILING OF ENVIRONMENTAL CLEAN UP -OF LOTS REPORT A report from the Department of Code Enforcement indicating a total of one hundred nineteen (119) properties cleaned from August 27, 1984 to August 31, 1984 was submitted. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the report as submitted was filed. FILING OF CERTIFICATE OF INSURANCE Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the Certificate of Insurance for Edward J. White, Inc., 1011 South Michigan Street, South Bend, Indiana 46618 was accepted and filed. APPROVE CLAIMS Mr. Elroy J. Kelzenberg, Executive Director, St. Joseph County Job Training Program, submitted two (2) lists containing fifty-one (51) claims and recommended approval. Additionally, City Controller Michael L. Vance submitted Claim Docket No. 16641 through Claim Docket No. 16991 and recommended approval. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the claims were approved and the above reports as submitted were filed. 1 362 REGULAR MEETING ADJOURNMENT SEPTEMBER 4, 1984 There being no further business to come before the Board, upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the meeting adjourned at 10:50 a.m. `Jo-n E. Leszczyn k chard L. Hill Michael L.Vaf � At"-O-� nce- ATTEST: Sandra/lVLAI - M. Parmerlee, Clerk 1