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HomeMy WebLinkAbout12/20/82 Board of Public Works Minutes73 REGULAR MEETING DECEMBE R 20, 1982 The regular meeting of the Board of Public Works was convened at 9:30 a.m., December 20, 1982, by President John E. Leszczynski, with Mr. Leszczynski, Mr. Richard L. Hill and Mr. Joseph E. Kernan present. Also present was Assistant City Attorney Carolyn Pfotenhauer. MINUTES OF PREVIOUS MEETING APPROVED Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, the minutes of the December 13, 1982, regular meeting of the Board were approved as submitted. . PUBLIC HEARING - APPROVE ASSIGNMENT OF iNDIANA CABLEVISION FRANCHISE TO HERITAGE COMMUNICATIONS, INC. Mr. Timothy J. Hartzer, attorney at law practicing at 120 West LaSalle Avenue, advised that his law firm was represent- ing Indiana Cablevision in its request to assign its cable - vision franchise to Heritage Communications, Inc. He advised that Indiana Cablevision has entered into an agreement to sell all of its assets to Heritage Communications, Des Moines, Iowa. He introduced Mr. William Moss from Indiana Cablevision and Kevin Rice from Heritage Communications. Mr. Rice explained that Heritage Communications has been a publicly -owned company operating cable systems in 13 states for 11 years. He stated that the South Bend system was comparable in size to its Des Moines operation. He felt his company had a good record of providing service and would continue to do for the South Bend area. Mr. Leszczynski asked about the other cable operations of the company, and Mr. Rice stated that one of the smallest areas serviced only 450 residents and a typical number of customers ranged between 1,500 to 2,500. He repeated that the Des Moines operation was similar in size to the South Bend system. Mr. Hartzer stated that, if the Board approved the assignment, Heritage Communications would assume all of the terms and conditions of the original franchise agreement. Mr. Kernan stated that, on January 10, 1977', the Board had acted upon an assignment of the franchise from Valley Cablevision to Indiana Cablevision, and the Board would merely be re -assigning that franchise to another cable company under the same terms and conditions. Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the public hearing was closed. There was no one persent to object or speak against the assignment of the franchise. Upon a motion made by Mr. Hill, seconded by Mr. Kernan and carried, the following Resolution No. 30, 1982, approving the assignment of the franchise to Heritage Communications, Inc. was adopted: RESOLUTION NO. 30, 1982 WHEREAS, Indiana Cablevision Corporation ("ACC") was assigned the interest of Valley Cablevision Corporation, pursuant to the Franchise Agreement (herein so called) with the Board of Public Works and Safety of the City of South Bend, Indiana, dated August 22, 1966; and WHEREAS Section VII of said Franchise Agreement provides as follows: Section VII. This franchise and grant may not be assigned without the express and prior written consent of the Board of Public Works and Safety of the City of South Bend. WHEREAS, ICC, along with Bedford Cable TV, Inc., Robert P. Buford, Geoffrey R. Buford, and Gerald B. Buford has entered into a Letter of Intent (herein so called) dated November 11, 1982, with Heritage Communications, Inc. (HCI"), whereby ICC has agreed to sell all its assets to a limited partnership to be formed by HCI; and 74 REGULAR MEETING DECEMBER 20, 1982 WHEREAS, the limited partnership to be formed by HCI will be known as Heritage Cablevision Associates, a limited partnership ("Heritage Partnership"); and WHEREAS, the Contract of Sale (herein so called) to be entered into pursuant to the Letter of Intent will provide that, upon the consummation of said sale, the interest of ICC, pursuant to the Franchise Agreement, will be assigned and transferred to Heritage Partnership; and WHEREAS, the obligations of Heritage Partnership under the Contract of Sale have been unconditionally guaranteed by HCI; and WHEREAS, ICC has requested approval of the Board of Public Works of the City of South Bend, Indiana, to the assignment and transfer by ICC of all of its rights under the afore- mentioned Franchise Agreement, subject to the consummation of the transactions contemplated by the Letter of Intent and the Contract of Sale to be entered into pursuant to the Letter of Intent to either Heritage Partnership or in the event Heritage Partnership does not itself purchase the assets of ICC pursuant to the Contract of Sale, then to HCI or an affiliate or subsidiary of HCI designated by it (such actual purchaser being herein called the "Transferee"); and WHEREAS, Heritage Partnership and HCI (for itself, for Heritage Partnership, and for any subsidiary or other affiliate which might ultimately constitute the Transferee) has complied with the requirements of Section VII of the Franchise Agree- ment. NOW, THEREFORE, BE IT RESOLVED that the Board of Public Works of the City of South Bend, Indiana, does hereby expressly consent to, and approve, the assignment and transfer by ICC to the Transferee of its franchise and all of its rights to construct, operate and maintain a community antenna television system in the City of South Bend, Indiana, pursuant to the Franchise Agreement, which assignment and transfer will result by reason of the sale of all of the assets of ICC to the Transferee pursuant to the Letter of Intent and the Contract of Sale to be executed in connection therewith, provided that should the transactions contemplated by said Letter of Intent and Contract of Sale fail to be consummated, then ICC will continue as the legal and rightful franchisee under the Franchise Agreement, which Franchise Agreement will continue unchanged and in full force and effect in all respects. BE IT FURTHER RESOLVED that, upon the consummation of the transactions contemplated by the Letter of Intent and the Contract of Sale to be entered into pursuant thereto, ICC will have no further liability with respect to the Franchise Agreement, it being the intention and under- standing of the Board of Public Works of the City of South Bend, Indiana, that the Transferee will be responsible for all continuing obligations of the franchisee under the Franchise Agreement. Adopted: December 20, 1982 BOARD OF PUBLIC WORKS s/ John E. Leszczynski s/ Richard L. Hill s/ Joseph E. Kernan ATTEST; s/ Barbara J. Byers, Clerk 75 REGULAR MEETING DECEMBER 20, 1982 PUBLIC HEARING -APPROVE ALLEY VACATIONS (OLIVE/SAMPLE OVERPASS,AREA) Mr. Leszczynski advised that the St. Joseph County Board of Commissioners was petitioning for the vacation of 12 alleys in the Olive/Sample Overpass area. He stated that, as in the past, in order for the Board to submit a recommendation to the Common Council, a public hearing had been scheduled at this time and all property owners within 200 feet of the alleys proposed to be vacated had been duly notified. He further advised that favorable comments in support of the vacation had been received from the Engineering Department, Area Plan Commission and Community Development Department. Mrs. Philip Berndt, 2413 Dunham Street, owner of Lot 549 and affected by the vacation of the alley being numbered 9 on a map of the area, objected to its vacation. She stated that the alley has been physically closed for six months already.and the turn needed to provide her access to her property was difficult enough without vacating a portion of the alley. She felt that, with the closing of that portion of the alley, she would be denied easy access to a main thoroughfare. Mrs. Evelyn Meller, owner of Lot 1, located at 2414 W. Dunham Street, across the street from Mrs. Berndt's property, was in favor of vacating the alley. Mr. Thad Juszczak, Jr., 18360 Greenleaf Drive, advised that he was the owner of Lot 571 which fronted on Fisher Street, objected to the closing of the alley being numbered 6. He wondered why the vacation was being requested after the fact. He stated that the state was to have purchased the southeast corner of his lot but did not and then moved the street to the east. He felt that, with the street directly in front of his lot, the lot was unbuildable and worthless to him. He advised that he had originally purchased the lot for speculative purposes and he wondered if the city would be willing to purchase the lot from him. Mr. Leszczynski advised that the Board of Public Works would address onlv the actual alley vacations and, if Mr. Juszczak wished to sell his property, he would need to contact the County Commissioners concerning the acquisition. Mr. Robert Richardson, St. Joseph County Engineer, advised that the county did not need to vacate the alleys in question at this time, but it was felt the additional land which the abutting property owners would acquire as a result of the vacations would be to their advantage at this time. Mr. Leszczynski explained that one-half of each of the alleys in question would become the property of the abutting property owners on either side. Mr. Richardson explained that, regarding the vacation of the alleys numbered 1 and 2, a high tension line existed across Sample and, in order to eliminate expensive costs concerning the relocation of the line, the street was shifted south of the alley which would eliminate the need for those particular alleys. Likewise, the right-of-way designated.as 1 and 2 between Bendix and Klley Street, was no longer needed because the street would parallel those alleys. Mr. Richardson advised that a ramp would be coming through surrounding lots being affected by alleys numbered 2, 3, 4 and 5. In the case of the alleys numbered 6, 1 and 8, a ramp was proposed to be very near the vacated rights -of -way and access was available at the point of juncture where the north -south and east -west alleys intersect. Mr. Richardson stated that, in regards to alley 9 and Mrs. Berndt's complaint, the turn would be difficult because there was no opening onto the ramp at that location. He advised that the county owned all the property up to the east side of these alleys. He stated that, if access would be a problem for Mrs. Berndt, the county would not necessarily need to vacate that alley. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the public hearing .was closed. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, a favorable 7,6 REGULAR MEETING DECEMBER 20, 1982 recommendation for the vacation of the above alleys, with the exception of the alley numbered 9, was forwarded to the Common Council, subject to the maintenance of all utility easements and the dedication of additional right-of-way needed for the project. Mrs. Berndt inquired as to the possibility of vacating a portion of the north -south alley adjacent to her property which was not in the county's plans for vacation. Mrs. Pfotenhauer asked the Clerk to forward a copy of the vacation procedure to Mrs. Berndt and she was advised that she would need to initiate the vacation procedure in order to have the alley vacated. AWARD BID — SWEEPERS FOR STREET DEPARTMENT Mr. Sean Watt, Director of the Division of Transportation, recom- mended the award of the bid of Ries Equipment for two Elgin Pelican street sweepers in the amount of $93,704.00. It was noted that bids for the street sweepers had been accepted by the Board on November 29, 1982. Mr. Watt advised that it was his opinion that Ries Equipment had submitted the best and most responsive bid. Mr. Charles Myer, representing the FMC Street Sweeper, objected to the recommendation and added that he and other companies would like to see the specifications opened up somewhat on some of the more generic items if the city was truly interested in receiving competitive bids. Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the above bid was awarded as recommended. AWARD BID - PROTECTIVE CLOTHING FOR FIRE DEPARTMENT In a letter to the Board, Fire Chief Timothy J. Brassell recom- mended the Board award the low bid of Midwest Fire and Safety of Indianapolis in the amount of $17,575.00 for 250 pairs of bunker pants with leather knee patches and heavy-duty suspenders. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above bid was awarded as recommended. AWARD BID - JANITORIAL SERVICES AND PEST CONTROL AT POLICE STATIONS Mr. Leszczynski advised that Police Chief Dan Thompson was recom- mending the Board award the bid of Best Cleaning Services in the amount of $18,792.00 for janitorial services at the main police department and three police substations in accordance with bids received by the Board on December 13, 1982. It was noted that the low bid of Brayleon's Cleaning Service was not recommended for the following reasons: (1) It was felt the company would not be able to render the service required as it was a new company which had only a one -month old major commercial account and a reference was not available for that reason; (2) No business address or phone was available and the residence of the owner was used for a business office with a phone answering device which would not provide immediate contact; (3) The owner of the company did not meet the criteria required for security clearance as the result of a records check. Mr. Leszczynski stated that Best Cleaning Services was the second low bid, but was the best bid meeting specifications. Regarding the pest control portion of the bid, Police Chief Thompson recom- mended the Board award the lot bid of Absolute Pest and Termite Control, Inc., in the amount of $792.00. Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, the above bids of Best Cleaning Services and Absolute Pest and Termite Control were awarded as recommended. APPROVE CONTRACT - ELECTRICAL IMPROVEMENTS TO JEFFERSON STREET PARKING GARAGE Mr. Leszczynski advised that, in accordance with the bid awarded on November 22, 1982, to Delta Star Electric, Inc., in the amount of $67,369.00 for electrical repairs to the Jefferson Street Parking Garage, a contract was being submitted for Board approval. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the contract was approved and the required insurance, Performance Bond and Labor and Materials Payment Bond were filed. [1 gmg REGULAR MEETING DECEMBER 20, 1982 APPROVE COMMUNITY DEVELOPMENT CONTRACTS AND ADDENDUM Mr. Leszczynski advised that the Community Development Department had submitted the following contracts and addendum for Board approval: Renew, Inc - For the acquisition and rehabilitation of three single-family housing units in the Community Development target area at a budget cost not to exceed $40,000.00 Neighborhood Code Enforcement.- For code enforcement management/inspection and demolition activities within Community Development areas at a budget cost not to exceed $40,000.00 La Casa de Amistad - Addendum No. 2 provided for a timetable extension to the.existing contract for administration services and parking lot construction and a shift of the budgeted funds of $50,000.00 within the personnel and non -personnel accounts. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above contracts and addendum were approved. DESIGNATION OF NEIGHBORHOOD CODE ENFORCEMENT OFFICE FOR SNOW REMOVAL ENFORCEMENT Ms. Katherine Barnard, Director of the Neighborhood Code Enforcement Office, explained that, in accordance with the newly created snow removal ordinance adopted by the Common Council, the Board must designate a body to remove snow from the sidewalks if and when property owners fail to do so. She explained that the city encountered several problems in that regard during the 1981-82 winter season, expecially with downtown businesses. She outlined the procedure as follows: 1. If it is determined by a Department of Code Enforcement inspector that a highly traveled sidewalk is a hazard to the general public, the inspector would issue a warning notice to the property occupant. The property occupant would have 24 hours to clean the sidewalk. 2. If the property occupant does not comply with the notice, the director of the Code Enforce- ment office will authorize the Code Enforce- ment clean up crew to clean the sidewalk. It was noted that the property owner would be billed $11.00/hr./ worker for the removal of the snow if done by the city work crews. Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, the Neighborhood Code Enforcement Office was designated to enforce the section of the ordinance dealing with snow removal from sidewalks. ADOPTION OF RESOLUTION NO. 29, 1982 - SALE OF CITY -OWNED PROPERTY RESOLUTION NO. 29, 1982 WHEREAS, the Board of Public Works of the City of South Bend has compiled a current detailed inventory of all real property owned by the City of South Bend; and WHEREAS, the Board of Public Works has reviewed said inventory of real property and it finds that certain of the parcels of real estate now owned by the City of.South Bend are not necessary to the public use and are not set aside by state and city laws for public purposes; and 78 REGULAR MEETING DECEMBER 20. 1982 WHEREAS, the Board of Public Works now wishes to take the necessary action to make it possible for the Board, in the future, to sell said parcels of real estate pursuant to State Statutes. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend, Indiana: That the following parcel of real estate owned by the City of South Bend is not necessary to the public use and is not set aside by state or city law for public purposes: Address Deed No. 630 E. Broadway '' `" 1084 Adopted this 20th day of December, 1982. r% ATTEST: s/ Barbara J. Byers, Clerk BOARD OF PUBLIC WORKS s/ John E. Leszczynski s/ Richard L. Hill s/ Joseph E. Kernan Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the above Resolution No. 29, 1982, was adopted. APPROVE TEMPORARY PLACEMENT OF DUMPSTER ON PUBLIC RIGHT-OF-WAY Mr. Leszczynski advised that H. G. Christman Construction Company was requesting permission for the temporary placement of a 25 cubic yard dumpster in the public right-of-way adjacent to the Edward N. Kalamaros Law Building being renovated at 129 North Michgigan Street, for an approximate three-month period. Mr. Leszczynski stated that verbal permission for a 30-day period had previously been given to the contractor; however, since it was determined the renovation would take considerably longer, Board approval was needed. It was noted that warning flashers at both ends of the dumpster were placed and the necessary occupancy permit obtained from the Building Department. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the request was approved. APPROVE PURCHASE AGREEMENT - SALE.OF 629 EAST BROADWAY Mr. Leszczynski stated that, in accordance with the bid awarded on October 11, 1982, for purchase of the city -owned lot located at 629 East Broadway Street by Willie L. Cherry, 637 E. Broadway, in the amount of $175.00, the purchase agreement was being submitted for Board approval. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the purchase agreement was approved and the matter referred to the Legal Department for drafting of the appropriate Quitclaim Deed. APPROVE ADVERTISING FOR RECEIPT OF BIDS - SALE OF ABANDONED VEHICLES Ms. Katherine Barnard, Director of the Neighborhood Code Enforce- ment Office, requested permission to advertise for the sale of approximately 14 abandoned vehicles, 12 of which were valued at over $100.00, and all of which were being stored at the Hurwich Impoundment Lot, 1610 Circle Avenue. It was noted that all vehicles had been stored more than the required 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. Kernan and carried, the request was approved and a date of January 4, 1983, was established for the receipt of sealed bids. 1 [l 1 REGULAR MEETING DECEMBER 20, 1982 79 1 1 APPROVE TRAFFIC CONTROL DEVICE Mr. Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, recommended approval of the following traffic control device: INSTALL STOP SIGN - On Huron at Walnut. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above traffic control device was approved. APPROVE LICENSE APPLICATIONS Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the license applications for the Cathedral of St. James and Marriott Hotel for public parking facilities were approved and referred to the Deputy Controller's Office for issuance. It was noted that a favorable fire inspection of the Marriott Parking Garage was provided by Assistant Fire Chief George Gyori. Since the parking lot for the Cathedral of St. James was an open lot, the fire inspection was not a requirement. The required proofs of insurance were attached to the applications. APPROVE HANDICAPPED PARKING PERMITS Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the following handicapped parking permits were approved and referred to the Deputy Controller's Office for issuance: Tressie E. True, 2624 Powderhorn Circle, S.B. Margaret C. Welch, 1361 Squire Ct., Apt. D, S.B. Garold E. Grossnickle, 60801 Carl, S.B. Samuel E. Bechtold, 17545 Juday Lake Dr., S.B. Hugh L. Masterman, Sr., 19898 Palisade, S.B. Diana Brunson, 1819 W. Bergan, S.B. John F. Clark, 56165 Peppermint Clara E. Cox, 603 Catalpa, Apt. A, Mish. Walter W. Lauterbach, 415 LaMonte, S.B. Mary Sweeney, 112 Niles Ina Schrader, 51444 U.S._31 N., S.B. Dolores Huber, 609 S. Chicago, S.B. Rene Baetsle, 1234 N. Johnson, S.B. John Vleaminck, 213 N. Ironwood, S.B. Ernest E. Scott, 57349 Chamberlain Hildred R. Widener, 719 Widener, S.B. Mary E. Myers, 437 E. Reasor, S.B. Viola Darr, 734 36th St., S.B. Joseph W. Skwiercz, 520 Pulaski, S.B. Mary S. Tripp, 10781 Douglas Helen V. Bourret, 56790 Beech, Osceola Velma I. Moyer, 120 E. Jennings, S.B. Mattie Williams, 1234 White Oak, S.B. Jean Ann Kamp, 1316 Cambridge, S.B. Mary Parker, 52940 N. Hastings, S.B. Gertrude Snider, 622 S. Edison, S.B. Walter M. Hektor, 22201 Kern, S.B. Wesley Mills, 2904 Hickory, Mish. APPROVE CLAIMS Mr. Elroy J. Kelzenberg, Director of the Michiana Area CETA Consortium, submitted purchase orders totalling 23. Chief Deputy Controller Sherrie L. Petz submitted Claim Docket No. 24551 through No. 25514 and recommended approval. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the reports were filed and the claims approved.. W. REGULAR MEETING DECEMBER 20, 1982 There being no further business to come before the Board, upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the meeting was adjourned at 10:05 a.m.. A�4xn46� I n E. Leszcznblti RTchard L. Hill J s , E.' Kernan ATTEST: Barbara J. Byers, Clerlk-