HomeMy WebLinkAbout10/08/84 Board of Public Works Minutes392
REGULAR MEETING
OCTOBER 8, 1984
The regular meeting of the Board of Public Works was convened at
9:32 a.m, on Monday, October 8, 1984, by President John E.
Leszczynski, with Mr.Leszczyn.ski and Mr. Michael L. Vance present.
Board member Richard L. Hill was not in attendance. Also present
was Assistant City Attorney Carolyn V. Pfotenhauer.
APPROVE MINUTES OF PREVIOUS MEETING
Upon a motion made by Mr. Vance, seconded by Mr. Leszczynski and
carried, the minutes of the October 1, 1984, regular meeting of
the Board were approved.
OPENING OF BIDS - CHAPIN STREET CURB AND SIDEWALK REPAIR 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
404 South Frances Street
P.O. Box 1407
South Bend, Indiana 46624
TOTAL AMOUNT OF BID: $45,675.00
RIETH-RILEY CONSTRUCTION COMPANY
P.O. Box 1775
South Bend, Indiana 46634
TOTAL AMOUNT OF BID: $55,543.75
GEYER CONSTRUCTION & DEVELOPMENT
COMPANY
67475 Kenilworth Road
Lakeville, Indiana 46536
TOTAL AMOUNT OF BID: $44,324.00
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.
Bid was signed by William H.
Geyer, as Bidder, Non -Collusion
Affidavit was in order and a
5% Bid Bond was submitted.
Upon a motion made by Mr. Vance, seconded by Mr. Leszczynski and
carried, the above bids were referred to the Engineering Department
for review and recommendation.
APPROVE SECOND AMENDMENT TO JOINT DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF SOUTH BEND, INDIANA AND ONE MICHIA14A SQUARE ASSOCIATES
Assistant City Attorney Eugenia S. Schwartz submitted to the Board
for approval the Second Amendment to Joint Development Agreement
between the City of South Bend, Indiana and One Michiana Square
Associates. Ms. Schwartz advised that this amendment contains one
change from the original document and reflects a September 28, 1984,
HUD amendment to the terms of the UDAG Agreement. She further
advised that this Amendment contains language which substitutes
a Master Lease Agreement for a Guaranty Agreement. She further
stated that the City has security based on the personal guarantee
of the developer and further advised that this amendment will
alleviate tax problems. Upon a motion made by Mr. Vance, seconded
by Mr. Leszczynski and carried, the above Second Amendment to the
Joint Development Agreement was approved and executed.
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393
REGULAR MEETING
OCTOBER 8, 1984
APPROVE GUARANTY AGREEMENT - CENTER CITY ASSOCIATES, INC.
(CONEY ISLAND, INC.)
Assistant City Attorney Eugenia S. Schwartz submitted to the Board
for approval a Guaranty Agreement from Center City Associates,
Inc. to lst Source Bank. Ms. Schwartz advised that pursuant to the
Community Development Program Contract with Center City Associates,
Inc., Center City Associates has funds for certain activities in
the downtown area and.this Guaranty Agreement is to provide a
loan guarantee for Coney Island, Inc. Further, as Community
Development funds would be utilized, the City must be a part of
this Agreement. It was noted that Center City Associates, Inca
by virtue of a Promissory Note in the amount of $10,000.00
guarantees the loan to Coney Island, Inc. by 1st Source Bank.
Upon a motion made by Mr. Vance, seconded by Mr. Leszczynski and
carried, the above Guaranty Agreement was approved and executed.
APPROVE CONTRACT FOR COLLECTION SERVICES -
CODE ENFORCEMENT DEPARTMENT
Board Attorney Carolyn V. Pfotenhauer submitted to the Board for
approval a one-year Contract for Collection Services with Morris
L. Morrison d/b/a Federated Collection Agency, 502 Chamber of
Commerce Building, South Bend, Indiana, as the collection: agent
for past due environmental clean-up accounts, demolition accounts
and/or other accounts for the.Department of Code Enforcement.
Ms. Pfotenhauer advised that these accounts are too small for
the City Attorney's office to spend the time to collect. The
contract indicates that Federal Collection Agency shall be
reimbursed at the rate of thirty-five percent (35%) of each
account collected, however, if an account is referred to
another collection agency outside of St. Joseph County., the
percentage shall increase to fifty percent (50%). The contract
further indicates that Federated Collection Agency shall provide
the City with:a written statement consisting of a summary of
activity on each account as collected not less than one (1) time
each month. Upon a motion made by Mr. Leszczynski, seconded by
Mr. Vance and carried, the above Contract was approved and
executed.
AWARD BID - FIFTY-FIVE (55) SELF-CONTAINED BREATHING
APPARATUS UNITS FOR THE SOUTH BEND FIRE DEPARTMENT
Fire Chief Timothy J. Brassell, advised that after carefully
reviewing all bids received for the purchase of fifty-five (55)
self-contained breathing apparatus units and twenty-five (25)
spare tanks, said bids received and opened by the Board on
October 1, 1984, the Fire Department recommends that the Board
accept the low net bid of OK Safety Supply, Inc., P.O. Box 564,
4647 Henry Avenue, Hammond, Indiana 46325 for a total of
$40,700.00 with trade-in. Chief Brassell advised that the bide
received on October 1, 1984, were the second set of bids for
this equipment and as a result of rejecting the first bids
received on September 4, 1984 and readvertising for the new
bids received on October 1, 1984, the Department was able to
realize a savings of $17,000.00 in the cost of this equipment.
ACCEPTANCE AND APPROVAL OF EASEMENT - MARTIN'S REALTY COMPANY
Mr. Leszczynski advised that Martin's Realty Company, has sub-
mitted an Easement granting to the City of South Bend the right
to enter upon a tract of land
in the northwest quarter of Section
2, Township 37 North, range 2
East, Portage Township, City of
South Bend, more particularly
described in the legal description
contained in the easement, to
grade, level, fill, maintain and
repair storm water retention
facilities embraced within the
easement as may be reasonably
necessary for storm sewer
purposes. Upon a motion made
by Mr. Leszczynski, seconded
by Mr. Vance and carried, the
above Easement was accepted
and approved.
394
REGULAR MEETING OCTOBER 8, 1984
APPROVE CHANGE ORDER NO. 1 (FINAL) AND PROJECT COMPLETION
AFFIDAVIT- MAPLE ROAD PAVEMENT PROJECT
Mr. Leszczynski advised that Ziolkowski Construction, Inc., has
submitted Change Order No. 1 (Final) indicating that the contract
amount be decreased by $7,571.45 for a new contract sum including
this Change Order in the amount of $409,278.55. 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 apporpriate three-year Maintenance Bond.
APPROVE PROJECT COMPLETION AFFIDAVIT ERSKINE MANOR SECTION 4
Mr. Leszczynski advised that Erskine Manor Associates, Inc. has
submitted a Project Completion Affidavit for the Erskine Manor
Section 4 Project indicating a final cost of $132,000.00. Mr.
Leszczynski advised that this final cost was paid entirely by
the private developer. Upon a motion made by Mr. Leszczynski,
seconded by Mr. Vance and carried, the Project Completion Affidavit
as submitted was approved.
FILING OF IRREVOCABLE LETTER -OF CREDIT #255 -
ERSKINE MANOR ASSOCIATES. INC.
Mr. Leszczynski submitted to the Board for filing, Irrevocable
Letter of Credit #255, dated October 4, 1984, with an expiration
date of April 4, 1985, in the amount of $13,200.00. It was -noted
that the Letter of Credit was issued by the Valley American Bank,
P.O. Box 328, South Bend, Indiana, for Erskine Manor Associates,
Inc., 12.13 Erskine Manor Hill, South Bend, Indiana. It was further
noted that this Letter of Credit replaces #238 issued on January
30, 1984, and expiring on July 30,'1984. Upon a motion made by Mr.
Leszczynski, seconded by Mr. Vance and carried, Irrevocable Letter
of Credit #255 was accepted and filed.
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
thirteen (13) abandoned vehicles, six (6) of which are valued at
over $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. Vance and carried, the request was approved and a
date of October 22, 1984 was established for the receiving of
sealed bids.
APPROVE REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS -
WESTERN AVENUE PARKING LOTS PROJECT
In a letter to the Board, Mr. Neil A. Shanahan, Manager, Bureau of
Public Construction, requested that the Board advertise for the
receipt of bids for the above referred to project. Mr. Leszczynski
advised that the project will be funded with Community Development
grant funds through the Jobs Bill and is consistent with the re-
vitalization of the Western Avenue Business District. Upon a
motion made by Mr. Leszczynski, seconded by Mr. Vance and carried,
the above request was approved.
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REGULAR MEETING
OCTOBER 8. 1984
PETITION FOR THE ESTABLISHMENT OF A RESIDENTIAL PARKING ZONE -
ONE-HALF OF THE 300 BLOCK OF WEST NAVARRE FROM LAFAYETTE ST. WEST
TO PARK AVENUE ON THE NORTH, MARION CT. ON THE SOUTH.SIDE REFERRED
Mr. Daniel W. Allin, 320 West Navarre, South Bend, Indiana, sub-
mitted to the Board a Petition for the Establishment of a
Residential Parking Zone in the area of the one-half of the
300 block of West Navarre from Lafayette Street west to Park
Avenue on north, Marion Court on the south side. It was noted
that the Petition was signed by eighteen (18) residents of the
300 block of West Navarre Street. Upon a motion made by Mr.
Leszczynski, seconded by Mr. Vance and carried, the above
Petition was referred to the Bureau of Traffic and Lighting
in order for a traffic study to be conducted of the proposed area.
APPROVE REQUEST OF ART CENTER TO INSTALL SCULPTURE ON ISLAND PARK
In a letter to the Board, J. Brooks Joyner, Executive Director
on behalf of the Board of Trustees of the Art Center, 120 South
St. Joseph Street, South Bend, Indiana., asked the Board for
formal consent and approval of the planned installation of a
George Rickey outdoor sculpture on Island Park. The sculpture
will serve as a preview for the larger collaborative exhibition
of Mr. Rickey's art which is scheduled for September of 1985.
The exhibition will be hosted by the Art Center, the Snite
Museum at Notre Dame, St. Mary's College and IUSB. Although
the sculpture will be officially on loan to the Art Center for
the next twelve (12) months, planning is now underway by the
Committee For Art In Public Places to arrange for the work to
stay in South Bend. A concrete base will be created to support
the sculpture which will be placed on top of the concrete planter
which was agreed upon earlier. Submitted with the request were
photocopies depicting the sculpture and site as well as a
diagram and dimensions of the concrete base on which the
sculpture will be placed. Mr. Leszczynski advised that this
request and location have been reviewed by Mr. James Seitz,.
Park Superintendent, and other City departments and the site
chosen appears to be appropriate for the placement of the
sculpture. Upon a motion made by Mr. Leszczynski, seconded
by Mr. Vance and carried, the above request as submitted was
approved.
APPROVE REQUEST OF RILEY HIGH SCHOOL MARCHING BAND
TO CONDUCT MARCH - OCTOBER 27, 1984
In a letter to the Board, Mr. T.J. DeShone, Band Director, Riley
High School, South Bend, Indiana and Ms. Joan Berners, Band
Parent, requested permission to use neighborhood streets for
a march through the Riley High School district, on Saturday,
October 27, 1984, from 9:00 a.m. to 12:00 noon. The route to
be utilized is as follows:
Start at Riley High School, proceed south
on Fellows to Widner Lane behind Scottsdale
Mall to York; to Byron, to Springbrook, to
Ridgedale; to York; to Altgeld; to Fellows
and back to the school.
The letter indicated that approximately one hundred (100)
individuals will participate in the march. The march is being
planned to provide band members an opportunity to fund -raise
for a trip to DisneyWorld as the band will march at DisneyWorld
as. they did two (2) years ago. Upon a motion made by Mr.
Leszczynski, seconded by Mr. Vance and carried, the above
request was approved subject to favorable recommendations being
received from the Bureau of Traffic and Lighting and the Police
Department Traffic Division regarding this event.
396
REGULAR MEETING
OCTOBER 8. 1984
REQUEST TO PURCHASE CITY -OWNED PROPERTY AT 809 OAK
STREET AND 323 CUSHING STREET REFERRED
In a letter to the Board, Mr. Melvin B. Humphrey, 739 West
Washington, South Bend; Indiana, indicated that he is interested
in purchasing the City -owned property at 809 Oak Street and 323
Cushing Street. Mr. Humphrey advised that these portions of lots
are adjacent to some parcels that he owns and he would like to
make full lots of the present properties. Upon a motion made by
Mr. Leszczynski, seconded by Mr. Vance and carried, the above request
was referred to the necessary City departments and bureaus for a
determination as to whether or not the City need retain the lots
for any reason.
FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORT
A report from the Department of Code Enforcement indicating a total
of one hundred twenty-four (124) properties cleaned from October 1,
1984 to October 5, 1984 was submitted. Upon a motion made by Mr.
Leszczynski, seconded by Mr. Vance and carried, the report as
submitted was filed.
FILING OF STREET LIGHT OUTAGE REPORT
The report submitted to the Board indicated a total of seventy-
seven (77) street light outages turned in during the month of
September. Upon a motion made by Mr. Leszczynski, seconded by Mr.
Vance and carried, the report as submitted was filed.
FILING OF CERTIFICATE OF INSURANCE
Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and
carried, the Certificate of Insurance for Robertson's Department
Store, Inc., a subsidiary of Gamble-Skogmo, A Wickes Company,
was accepted and filed.
APPROVE CLAIMS
Ms. Jane Cleaver, Executive Director, St. Joseph County Job Train-
ing Program submitted a list containing thirty-one (31) claims and
recommended approval. Additionally, City Controller Michael L.
Vance submitted Claim Docket No. 18697 through Claim Docket No.
19460 and recommended approval. Upon a motion made by Mr. Vance,
seconded by Mr. Leszczynski and carried, the claims were approved
and the reports as submitted were filed.
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 9:57 a.m.
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. Leszcz k
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Michael L. Vance
ATTEST:
Sandra M. Parmerlee, Clerk
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