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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. 1 1 393 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. 3Q5 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. Q�o - 9, 4z, (!511n,_ . Leszcz k au.,.. Michael L. Vance ATTEST: Sandra M. Parmerlee, Clerk 1