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HomeMy WebLinkAbout12/21/1981 Board of Public Works Minutes161 REGULAR MEETING DECEMBER 21, 1981 The regular meeting of the Board of Public Works was convened at 9:30 a.m., on Monday, December 21, 1981, by President John E. Leszczynski, with Mr. Leszczynski, Mr. Richard L. Hill and Mr. Joseph E. Kernan present. Also present was Deputy City Attorney James A. Masters. MINUTES OF PREVIOUS MEETING APPROVED Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, the minutes of the December 14, 1981, regular meeting of the Board were approved as submitted. AGENDA ITEM STRICKEN Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the Humane Society contract listed on the agenda was stricken and continued to the next meeting of the Board. OPENING OF BIDS - SALE OF CITY -OWNED PROPERTIES This was the date set for receiving sealed bids for the sale of various city -owned property as indicated below. 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: 2418 Linden Street No bids received city's offering price: $310.00 526 East Milton No bids received (Housing property) City's offering price: $330.00 1004 Sorin Street Dell Owens 1029 East Miner St. City's offering price: $310.00 There was some uncertainty as to the bid amount submitted by Mr. Owens since his bid only stated he desired to bid on the above property. The Clerk was.instructed to contact Mr. Owens to determine if he was bidding the city's offering price of $310.00 for the property. Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, the bid of Mr. Owens, if in the amount of $310.00 after verification by the Clerk, was accepted. 424 East South Street 508 East South Street 510 East South Street 614 South Rush Street 618 South Push Street Greg Burnside $500.00 1815 East Madison St. City's offering price: $661.00 No bids received City's offering price: $655.00 Greg Burnside $500.00 1815 East Madison St. City's offering price: $661.00 Gregory L. Richard $427.00 1703 Enchanted Forest City's offering price: $427.00 Gregory L. Richard $427.00 1703 Enchanted Forest City's offering price: $427.00 622 South Rush Street No bids received City's offering price: $427.00 Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, the bids of Gregory Richard for properties at 614 and 618 South Rush Street in the amount of $427.00 each were approved. 162 REGULAR MEETING DECEMBER 21, 1981 1001 West LaSalle Willie L. Wiggins $200.00 1007 West LaSalle City's offering price: $275.00 316 East South Street No bids received City's offering price: $624.00 410 East South Street No bids received City's offering pricer $523.00 In accordance with recently enacted state law, the Engineering Department was instructed to ascertain all abutting property owners for the properties located at 2418 Linden Street, 526 East Milton Street, 508 East South Street, 622 South Rush Street, 316 East South Street and 410 East South Street, since no bids for the properties had been received; and also for the properties located at 424 East South Street, 510 East South Street and 1001 West LaSalle Street, since the bids received.for those properties were less than the city's offering price. Once a list of all property owners is prepared, the Board will notify all such property owners in an effort to negotiate a sale of the properties to the highest and best bidder. DENIAL OF POOL HALL LICENSE CONFIRMED 1404 S.. MICHIGAN STREET At the December 14, 1981, regular meeting of the Board, Mr. Kernan's recommendation to deny the pool hall license application of Walter Gus Fuell for an amusement arcade and pool hall at 1404 South Michigan Street was approved because the location of the establishment would be in violation of the city's controlled usage ordinance. Subsequently, Mr. Fuell had requested a public hearing before the Board, Mr. Fuell was in attendance and advised that he was represented by his attorney, Mr. David Meek. He stated that he had wanted to open a penny arcade, but had also wanted to include two pool tables in the establishment at 1404 South Michigan Street. He asked that his original Applica- tion be revised to exclude the pool tables if that was the reason for denial of his application. Mr. Masters referred to the city's zoning code and explained that the code provides that certain types of "controlled uses", of which an amusement arcade is one, are not allowed within 1,000-feet of two other such uses. He stated that the Building Department investigated the location in question as it related to other existing controlled uses, and it was determined that the location of the arcade or pool hall at 1404 South Michigan Street would be in violation of the zoning code. Mr. Paul Roelke, Assistant Building Commissioner, stated that he made an investigation of the application and an inspection of the area and explained that a tavern was located in the same building within 100 feet. In addition, the Kitty Kat Lounge was only about 300 feet away and an adult theatre was also within 200 feet. Mr. Masters explained to Mr. Fuell that the denial of the license was not based on the application itself but was made in accordance with the city's zoning ordinance. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the public hearing was closed. Upon a motion made by Mr. Hill, seconded by Mr. Leszczynski and carried, the action of the Board on December 14, 1981, to approve the recommendation of the City Controller to deny the license application because it would constitute a violation of the city's zoning ordinance was confirmed. Mr. Kernan abstained. AWARD BID - POLICE DEPARTMENT JANITORIAL SERVICES AND PEST CONTROL Following a review of the bids received on December 14, 1981, for janitorial services and pest control of the Police Department and three substations, Mr. Kernan recommended that the bid for janitorial services only be awarded to Maintenance Systems Corporation, and the bid of Absolute Pest and Termite be awarded for pest and rodent control, based upon the fact that both bids were the low bids for the services to be performed. Upon a 163 REGULAR MEETING DECEMBER 21, 1981 7 L motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the low bid of Maintenance Systems Corporation in the amount of $21,192.00 for janitorial services, and the low bid of Absolute Pest and Termite in the amount of $792.00 for pest and rodent control, were approved. AWARD BID - TOWING AND STORAGE OF ABANDONED VEHICLES The Neighborhood Code Enforcement Office recommended the Board award a contract to Hurwich Iron Company based on its low bid received on December 14, 1981, in the amount of $15.00 per automobile towed, and $20.00 for vehicles requiring a special tow truck due to body conditions. Also, based on the low bid received, it was recommended Hurwich Iron be awarded the bid for the storage of abandoned vehicles since its bid of $1.00 per day per vehicle would average $30.00 per month based on the estimate of 150 abandoned vehicles towed and stored in 1982. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the recommendations were approved and the bids of Hurwich Iron Company for towing and storage accepted. AWARD BID - PICK-UP TRUCK FOR STREET DEPARTMENT Mr. Sean Watt, Director of the Division of Transportation, recom- mended the Board award the bid of Town and Country Gates Chevrolet Corporation for the 1982 pick-up truck for the Street Department in accordance with bids received on December 14, 1981. Mr. Leszczynski stated that Town and Country Gates was the low bidder meeting specifications. Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, the bid was awarded. APPROVE CONTRACT - AMERICAN UNITED COLLECTION AGENCY Mr. Kernan explained that the city currently has a contract with American United Collection Agency for the collection of past -due ambulance bills for ambulance service provided by the South Bend Fire Department. He stated that the contract being submitted to the Board was merely a re -affirmation of that contract. He stated that, in this way, .the .city can write off the uncollectible accounts as requested by the State Board of Accounts. The contract provided for the retainage by American United Systems of 35% of all money recovered toward satisfaction of said past -due accounts if accomplished without litigation, and the retainage of 38% if recovery was accomplished after commencement of litigation, with the maximum amount collected in any calendar year from past -due accounts of $10,000.00. Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, the contract was approved. APPROVE COMMUNITY DEVELOPMENT CONTRACTS AND ADDENDUM Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the following Community Development contracts were approved: Youth Service Bureau Program: Neighborhood (constructuve environmental safety) Budget: Not to exceed Youth Involvement Activity tasks in assisting in the improvement and neighborhood $16,593.00 LaCasa de Amistad, Inc. Program: Parking lot construction and administrative costs at LaCasa de Amistad Center Budget: Not to exceed $50,000.00 164 REGULAR MEETING DECEMBER 21, 1981 Upon a motion made by Mr..Kernan, seconded by Mr. Hill and carried, the following Addendum I to a previously approved contract with the Department of Economic Development and Redevelopment was approved: Addendum I —Revised timetable to June 30, 1982, rather than December 31, 1981, as originally approved. No other changes in scope of services or budget amount APPROVE REQUEST TO ADVERTISE TO RECEIVE BIDS - SALE OF ABANDONED VEHICLES A request was submitted from Katherine Barnard, Director of the Neighborhood Code Enforcement Office, for the sale of 12 abandoned vehicles, 9 of which were valued at over $100.00. Mr. Leszczynski advised that all of the vehicles have been stored at Steve and Gene's Impoundment Lot, 3109 South Gertrude Street, for more than the required 30 days; identification checks have been run for auto theft, and the owners and lien holders have been notified. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the request to advertise for bids was approved, with sealed bids to be received on January 11, 1982. APPROVE REQUEST TO ADVERTISE TO RECEIVE BIDS - POLICE DEPARTMENT RADIO EQUIPMENT Police Chief Dan Thompson requested permission from the Board to cause legal advertising for the purchase of 130 police radios. Mr. Kernan noted that funds to pay for the purchase of the equipment would come from bond proceeds. Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the request was approved, with sealed bids to be received on January 11, 1981. ADOPTION OF RESOLUTION NO. 28, 1981 - DISPOSE OF OBSOLETE RADIO EQUIPMENT RESOLUTION NO. 28. 1981 WHEREAS, it has been determined by the Board of Public Works that the following police radio equipment is surplus equip- ment and not needed by the City of South Bend: TUBE -TYPE MOBILE RADIO EQUIPMENT WHEREAS, Chapter 186, Acts of 1967, of the Indiana General Assembly, permits the sale of personal property no longer needed or obsolete. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that the above listed equipment is surplus and not needed by the City of South Bend. BE IT FURTHER RESOLVED that the Radio Communications Department be authorized to dispose o-f said equipment and remove same from the city's inventory .list.:...- Adopted: December 21, 1981 BOARD OF PUBLIC WORKS s/ John-E.' Leszczynski s/ Richard L. Hill s/ Joseph E. Kernan ATTEST: s/ Barbara J. Byers, Clerk Upon a motion made by Mr. Kernan, seconded by Mr .Hill and carried, the above resolution was adopted. n 165 REGULAR MEETING DECEMBER 21, 1981 APPROVE PURCHASE AGREEMENT FOR SALE OF CITY -OWNED PROPERTY - 1220 AND 1224 WEST COLFAX AVENUE Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the Purchase Agreement for the sale of 1220 and 1224 West Colfax to Mr. James Pegues, 905 White Oak Drive, in the amount of $879.00 was approved. It was noted that Mr. Pegues had agreed to purchase the properties at the city's offering price of $879.00, and that the sale of the properties would take place under the city ordinance in effect at the time his request to purchase was filed, rather than under the new procedure stipulated under State Statutes and enacted on September 1, 1981. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the purchase agreement was approved. DENY OPEN AIR STAND LICENSE - RIVER BEND PLAZA Mr.Leszczynski advised that the application for an Open Air Stand License of G. Garrett for the sale of ice cream on River Bend Plaza had been recommended unfavorably by Mr. Patrick McMahon, Director of the Department of Redevelopment, since (� at least two already existing and permanent establishments in the downtown area sold ice cream. In keeping with the Board's policy of not approving the sale of merchandise which would be in competition with existing downtown merchants, upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the application was denied. REQUEST FOR ROAD RUN - AMERICAN LUNG ASSOCIATION In a letter to the Board, the American Lung Association requested permission from the Board to conduct its annual Michiana Lung Run to be held on June 5, 1982, starting at 8:00 a.m., starting and finishing in Howard Park. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the request was referred to the Bureau of Traffic and Lighting and the Police Traffic Division for review and recommendation. APPROVE ENVIRONMENTAL CLEAN-UP OF LOTS A request was received from the Neighborhood Code Enforcement Office for permission to have city environmental crews clean the following lots within the city: 818 N. Adams 1308 W. Indiana 517 Blaine 815 Lincolnway West 618 Blaine Lot W. of 2701 Lincolnway West 924 California 1620 Longley 738 Cleveland 906 W. Napier 718 Cottage Grove 1505 W. Sample 1109 N. Elmer 613-15 N. Scott 1145 N. Elmer 707 N. Scott 1021 N. Huey 718 Sherman It was noted that..property owners had been advised to clean up the above lots and had failed to•comply. Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the request was approved. APPROVE HANDICAPPED PARKING PEP.MITS Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the following handicapped parking permits were approved and referred to the Deputy Controller's Office for issuance: Gerald T. Walker, 2006 Gertrude, S.B.- Joe Jenczewski,. 1424 N. Huey, S.B. Bernetta C. Kentner, 940 Greenview, S.B. Harold T. Flaherty, 2964 Jamestown Ct., Mish. 166 REGULAR MEETING DECEMBER 21, 1981 Lucile Hasley, 3128 Wilder, S.B. Ralph J. Andreae, Sr., 510 E. Colfax, S.B. Harold L. Cooke, 622 E. Victoria, S.B. Walter L. Shilts, 2118 Rockne, S.B. Omer Otto Rolder, 1420 N. Clay, Mish. Sheila Ann Mullen, 4322 Hickory, Apt. 2D, Mish. John Pecsi, 1709 S. Douglas, S.B. APPROVE RELEASE OF CONTRACTOR'S BOND - LEON YODER In a letter to the Board, Mr. Ray S. Andrysiak recommended the Board release the Contractor's Bond of Leon Yoder Custom Homes. as requested. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the.above bond was released. APPROVAL OF CLAIMS Mr. Elroy J. Kelzenberg, Director of the Michiana Area CETA Consortium, submitted P. 0. No. 263 through No. 291 and recom- mended approval. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the claims were approved. Chief Deputy Controller Sherrie L. Petz submitted Claim Docket No. 22876 through No. 23645 and recommended approval. Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the report was filed and the claims approved. APPROVE REQUEST OF GRADY THOMPSON FOR EXTENSION - COMPLIANCE WITH TAXICAB ORDINANCE Mr. Grady Thomspon, 1134 Harvey Street, requested a 30-day extension in order to submit the required documentation to the Board certifying the compliance of all city requirements under the Certificate of Public Convenience and Necessity which he held. Mr. Hill stated that the Legal Department had previously advised Mr. Thompson that, unless the necessary documentation was submitted to the Board by January 1, 1982, the Board would consider revocation of his license at its first regular meeting in January. Mr. Thompson stated that he was aware of that fact; however, he would not be able to provide the Board with the information requested by that time. He stated that he was still looking for a qualified driver, but he now had a telephone operator for the dispatching of calls on a 24-hour basis. Upon a motion made by Mr. Hill, seconded by Mr. Kernan and carried, Mr. Thompson's request was approved and an extension to February 1, 1982, was given. There being no further business to come before the Board, upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, the meeting was adjourned at 10:00 a.m. n E. Leszczy s i ichar �L.Hill seph E. Kernan ATTEST: ea-"-� a-c-ef-, Barbara J. Bye s, ClerlZ n