Loading...
HomeMy WebLinkAbout07/14/1980 Board of Public Works MinutesREGULAR MEETING JULY 14. 1980 A regular meeting of the Board of Public Works was convened at 9:30 a.m. on Monday, July 14, 1980, by President Patrick M. McMahon, with Mr. McMahon, Mr. Richard L. Hill and Mr. Joseph E. Kernan present. Deputy City Attorney Terry A. Crone was also present. MINUTES OF PREVIOUS MEETING APPROVED Upon a motion made by Mr. Hill, seconded by Mr. Kernan and carried, the minutes of the July 7, 1980, regular meeting of the Board were approved as submitted. PUBLIC HEARING - TAXI LICENSE DENIAL (JOHN T. BREISCH) At the June 23, 1980, meeting of the Board, the recommendation of the Controller to deny the taxi license application of John T. Breisch was approved. Mr. Breisch had been advised of his right to appear before the Board, and a hearing had been scheduled on July 7, 1980. Due to the absence of Mr. Breisch and the Board President, the hearing was rescheduled to July 14, 1980, and Mr. Breisch had been so notified. Mr. Breisch was not present nor was he represented by anyone. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the recommendation of Mr. Kernan to deny the license was re- confirmed. Mr. Kernan abstained from voting on the matter. APPROVAL OF DOCUMENTS - FIRST BANK CENTER- MARRIOTT HOTEL PROJECT Mr. Thomas J. Brunner, Jr., legal counsel representing the city on the First Bank Project, submitted the following documents for Board approval and.execution: 1. Joint Development Agreement 2. Agreement for Conveyance of Public Improvements - Rahn 3. Agreement for Conveyance of Public Improvements - FBT 4. Quitclaim Deed and Bill of Sale - Rahn 5. Quitclaim Deed and Bill of Sale - FBT 6. Easement Agreement and Grant of Rights in Easement Areas - Rahn 7. Easement Agreement - FBT Mr. Brunner explained that the above agreements were necessary in order to achieve disbursement of the first payment from the bond proceeds put in trust for Rahn Properties by a $10,000,000 industrial development bond. He stated that, in October of 1979, a Joint _ Development Agreement had been entered into; however, since that time, a new partner had joined in the matter, and the legal counsel of Jacobs, Visconsi and Jacobs had asked for certain amendments to the Conveyance Agreement and Joint Development Agreement which would expand terms of these documents. Mr. Brunner stated that the Agree- ment sets out the rights and responsibilities of the parties involved; the city committed to building the garage, public atrium and walkway, the hotel to construct a first- class, 300 -room hotel, and the bank being required to construct an office bank building. Mr. Brunner advised that the Agreement also sets out a completion date of October, 1981, for the hotel and bank portions of the project. Mr. Brunner again stated that the Agreement was necessary in order to pay out from the trust fund and to satisfy the Department of Housing and Urban Development that. the money invested was being spent accord- ing to the grant application and agreement for funds. He stated that the investment by the city would amount to $7,600,000 and the investment by the hotel and bank would total $21,096,000. Mr. Brunner stated that all parties must enter into the Joint Development Agree- ment The Conveyance Agreements, one between the city and Rahn, and the other between the city and FBT Bancorp, modified the agreements entered into in October, 1979, setting out the responsibilities of Rahn and FBT. Mr. Brunner advised that the city would receive installment payments of $21,600 from both parties provided in a w REGULAR MEETING JULY 14, 1980 99 -year lease agreement, with the last payments to be approximately $80,000 each. Mr. Brunner stated that the property would be put back on the tax rolls, and he briefly talked about the use of incremental tax financing.. He felt that the city would experience a combined benefit with the execution of the agreements in that $150,000 would be derived for property taxes; approximately $100,000 would be saved by the city for maintenance costs for the atrium, and a $26,000 payment would be immediately received from Rahn and FBT. Mr. Brunner explained that Quitclaim Deeds and Bills of Sale were being submitted for execution to Rahn and FBT for conveyance of the improvements constructed and for those improvements yet to be constructed on the project. Regarding the Easements, Mr, Brunner explained that there were certain encroachments on city property for the bank portion of the project, and the Easement would give FBT the right to build and encroach on city property. With regard to the Easement Agreement and Grant of Rights in Easement for Rahn, there were certain encroachments on state right -of -way, and it was anticipated that the State Highway Commission would approve the encroachments and convey the right of interest to the Redevelopment Commission, which, in turn, would convey to the city, which, in turn would convey to Rahn. Mr. McMahon asked if there was a provision contained in the Quitclaim Deed that allowed the city to continue construction of the improve- ments and monitor same, and Mr. Brunner stated that this was provided for in the Conveyance Agreements. Mr. McMahon noted that the Ease- ment Agreements would satisfy bond counsel and the effective date of the agreement with the State Highway Commission for the encroach- ments of Rahn would be the date of state approval. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the Joint Development Agreement, the Agreements for Conveyance of Public Improvements for Rahn and FBT Bancorp, the Quitclaim Deeds and Bills of Sale for Rahn and FBT Bancorp, and the Easement Agreement for FBT Bancorp were approved. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the Easement Agreement and Grant of Rights in Easement Areas for Rahn to cover encroachments on State Highway property was approved, with the effective date of the agree- ment to be the date upon which State Highway Commission approval was given. AWARD BID - NORTHWEST CURB AND SIDEWALK IMPROVEMENTS (CD -79 -304 A recommendation from Neil A. Shanahan, Manager of the Bureau of Public Construction, was received concerning the award of the Curb and Sidewalk Improvement Project for Blaine, Allen and Sherman Streets between California and Lindsey Streets to Arco Engineering Construction in the amount of $78,200.00. Mr. McMahon noted that the project involved Community Development Funds and the recommenda- tion to award the bid to Arco Engineering had been concurred with by that department. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried:, the bid for the Northwest Curb and Sidewalk Improvement Project was awarded to the Arco Engineering Construction Corporation in the amount of $78,200.00, subject to the filing of the required Performance Bond, Labor and Materials Payment Bond and Certificate of Insurance. APPROVAL OF FINAL CHANGE ORDER AND COMPLETION AFFIDAVIT - CLEVELAND ROAD SEWER PROJECT (H. DeWULF MECHANICAL CONTRACTOR, INC-. Mr. McMahon stated that the final change order represented some-minor adjustments in the project and two major adjustments, one increase in the amount of $23,200.00 for seeding and mulching to cover the disturbed area including grass areas subject to heavy construction traffic and the stockpiling of soil around the trench. Mr. McMahon REGULAR MEETING JULY 14, 1980 noted that it had been anticipated that the disturbed area would consist of the trench width only, but that was not the case. The second major increase was in the amount of $31,904.00 for additional sewer depth which was necessitated because of survey discrepancies. Mr. McMahon stated that the Engineering Department had reviewed the change order and had found it to be accurate and appropriate. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the final change order in the amount of $54,557.00 to H. DeWulf Mechanical Contractor, Inc. was approved, bringing the;.revised total contract cost to $678,387.00. Mr. McMahon noted that the Project Completion Affidavit was also being submitted which contained a three year Maintenance Agreement to June 25, 1983. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the Project Completion Affidavit was .approved and the Maintenance Bond filed. WITHDRAWAL'OY REQUEST FOR TEMPORARY TRAILER - 307 WEST CALVERT The request of Leonard Bush for a temporary trailer on the property at 307 West Calvert Street had been referred to the Legal Department on June 23, 1980, for review and recommendation. Mr. Hill advised . that, since that time, Mr. Bush had notified the Mayor's Action Center that the use of the trailer on the property was no longer needed and he was withdrawing his request. Upon a motion made by Mr.,McMahon, seconded by Mr. Hill and carried, withdrawal of the request by Mr. Bush was acknowledged and the correspondence filed. PETITION TO LOWER SPEED LIMIT (3100, 3200 and 3300 BLOCKS OF S. ST. JOSEPH) A petition circulated by Mr. Paul Hoffman of 3215 South St. Joseph Street was presented to the Board for consideration containing numerous signatures of property owners residing in the 3100, 3200 and 3300 blocks of South St. Joseph. The petition requested the lowering of the speed limit in those blocks to 20 miles per hour and the posting of a Child Crossing sign in view of the absence of a school crossing guard. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried; the petition was referred to the Bureau of Traffic and Lighting and the Traffic Division of the Police Department for review and recommendation. PETITION TO VACATE A PORTION OF GRANT STREET (DELAWARE TO PRAIRIE) Mr.- McMahon noted that the Heritage Baptist Church was petitioning for the vacation of a portion of Grant Street between Delaware and Prairie to allow for the building of an extension to the north side of its present building on Prairie Avenue. Mr. McMahon noted that the vacation of the two east -west alleys immediately south of Lots 49 and 148 in that area had previously been petitioned for vacation by the church and were now in the process of being vacated. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the petition to vacate that portion of Grant Street between Delaware and Prairie was referred to the Bureau of Engineering, the Area Plan Commission and the Department of Community Development for review and recommendation. FILING OF ASSESSMENT ROLL - VACATION RESOLUTION NO. 3490, 1980 (ALLEYS NORTH OF PRAIRIE AT GRANT) Patrick M. McMahon, P. E., Civil City Engineer, filed an Assessment Roll with respect to Vacation Resolution No. 3490, 1980, for the vacation of the east -west 12' alley North of Lots 50, 51 and 52 in High -land Park First Addition North of Prairie Avenue at Grant Street; and the east -west 12' alley North of Lots 149, 150 and 151 in Whiteman's First Addition North of Prairie Avenue at Grant Street. The following property may be injuriously or beneficially affected by such vacation: 1 I i REGULAR MEETING JULY 14, 1980 Lots 49,.50, 51 and 52, Highland Park First Addition; Lots 148, 149, 150 and 151, Whiteman's First Addition. The Assessment Roll lists $0.00 net damages and $0.00 net benefits to the abutting properties. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the Assessment Roll was filed and set for public hearing on August 11, 1980. REQUEST FOR BLOCK PARTY 1400 BLOCK EAST LaSALLE A request for permission to hold a block party in the 1400 block of East LaSalle on Sunday, July 27, 1980, from 7:30 a.m, to 11 :30 p.m., was received from Mr. Richard H. Metzcus. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the request was referred to the Bureau of Traffic and Lighting and the Traffic Division of the Police Department for review and recommendation. APPROVAL OF RIVER BEND PLAZA ACTIVITIES A request from the First United Methodist Day Care Center to conduct balloon sales on River Bend Plaza for sidewalk days.to be held on July 24, 25 and 26, 1980, was recommended favorably by Mikki Dobski, River Bend Plaza Coordinator. Upon a motion made.by Mr. McMahon, - seconded by Mr. Hill and carried, the request was approved,. subject to the payment of a vendor's license and insurance requirements stipulated by the Controller's Office. A request from the Dainty Maid Bake Shop for permission to utilize an old fashioned peddler's cart with canopy on River Bend Plaza in conjunction with various promotions on the mall such as St. Patrick's Day, the Ethnic Festival, etc., was recommended favorably by.Mikki Dobski. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the request was approved, subject to the payment of a vendor's license and insurance requirements stipulated by the Controller's Office. APPROVAL OF NO PARKING SIGNS - 2000 LATHROP STREET A request from Mr. Robert C. Hamilton for the installation of "no parking" signs along the 2000 block of Lathrop Street was recommended favorably by Mr. Ralph J. Wadzinski, Manager of the _Bureau of Traffic and Lighting. Mr. Wadzinski advised that the request had been reviewed by his bureau and it was found that sufficient off - street parking at the rear of the multi - family establishments existed. It was further determined that the edge of the roadway and sidewalk of Mr. Hamilton's property had been damaged by vehicles attempting to use the area as parking. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the recommendation to install "no parking" signs in front of 2008 - 2010 -2012 Lathrop Street was approved. APPROVE MAIN STREET CLOSING (MEMORIAL HOSPITAL ENTRANCE TO NAVARRE) Mr. Ralph J. Wadzinski, Manager of the Bureau of Traffic and Light- ing, recommended approval of the closing of Main Street from the new entrance to Memorial Hospital south to Navarre Street, for purposes of construction of the new surgical wing. Mr. Wadzinski advised that the closure would leave one lane of traffic open for southbound only. Mr. McMahon stated that it was anticipated the street would be closed until December, 1980. Upon a motion made -by Mr. McMahon, seconded by Mr. Kernan and carried; the recommenda- tion was approved retroactive to July 9, 1980, with the city reserving the right to open additional lanes if it was determined the single lane was unworkable. r, ,_q REGULAR MEETING JULY 14. 1980 APPROVAL OF STREET CLOSURES - PAUL F. BOEHM MINI - MARATHON (AUGUST 2, 1980) ..... Mr. Ralph J. Wadzinski, Manager of the Bureau of Traffic and Light- ing, recommended favorably the Paul F. Boehm Mini - Marathon scheduled for August 2, 1980, starting at 9:00 a.m., in Rum Village Park, and the closing of the following streets for the marathon: Beginning at 8:30 a,m., Gertrude Street will be closed from Ewing to Ireland Road; Keria Trail from Ireland Road to Chippewa; and Chippewa from Keria Trail to Gertrude. At approximately 9:30 a.m., Keria Trail will be re- opened to traffic. At approximately 10:00 a.m. opened to traffic, although to utilize the east side of return from Ireland Road to Gertrude Street will be re- runners will be instructed Gertrude Street upon their the park entrance. Chippewa Avenue will not be re- opened until approximately 10:30 or 11:00 a.m. It was noted that the above times were approximate and at the discretion of the traffic officer in charge of the area Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the marathon was approved and the Clerk instructed to notify the scrap dealers in the area of the street closings. APPROVE CLOSING OF ASSUMPTION DRIVE (ST. MARY'S OF THE ASSUMPTION CHURCH FESTIVAL) The Bureau of Traffic and Lighting submitted a' favorable recommenda- tion concerning the annual parish festival of St. Mary's of the Assumption Church and the closing of a portion of Assumption Drive on August 17, 1980, from noon to 10:00 p.m. The recommendation noted that, since Assumption Drive is a horse -shoe shaped street, access must remain open from Locust Road to the vicinity of the church /school building. That portion of Assumption Drive which runs behind the school building may be closed. Upon a motion made -by Mr. McMahon, seconded by Mr. Hill and carried, the recom- mendation to close a portion of Assumption Drive was approved, APPROVE CLOSING OF GRACE STREET (ST. ADALBERT'S CHURCH PARISH FESTIVAL) The Bureau of Traffic and Lighting submitted a favorable recommendation concerning the annual parish festival of St. Adalbert's Church and the closing of Grace Street from Olive to Meade on July 25 through 27, 1980. Approval was recommended subject to a 10' lane along the south side of Grace Street remaining free of all booths, stands or rides as an emergency vehicle lane to service both the festival and the private homes along the south side of Grace Street. It was noted that the 10' lane could be used as a pedestrian walkway and booths may front on this lane as long as they do not interfere with the free movement of emergency vehicles. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the recommendation was approved. APPROVAL OF BLOCK PARTY (2OO BLOCK EAST NAVARRE) A recommendation from the Bureau of Traffic and Lighting for the approval of a block party in the 200 block of East Navarre on Saturday, July 19, 1980, from 4:OO p.m, to midnight was received by the Board. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the block party was approved.' 1 1 1 REGULAR MEETING JULY 14, 1980 APPROVAL OF BLOCK PARTY (1100 -1300 BLOCK EAST BRONSON) A recommendation from the Bureau of Traffic and Lighting for the approval of a block party in the 1100 -1300 block of East Bronson, between Eddy Street Bypass and Sunnyside, on Saturday, July 19, 1980, from 2 :00 p.m. to 9:00 p.m., with a rain date of July 20th, was received by the Board. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the block party was approved. APPROVAL OF BLOCK PARTY (BRIARWA A recommendation from the Bureau of Traffic and Lighting for the approval of a block party on Briarway from Woodmont to Malvern Way from 2:00 p.m., until midnight on Saturday, July 29, 1980 (with a rain date of July 20th), was received by the Board. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the block party was approved. APPROVAL OF CONTRACTOR'S BOND NATHAN E. JONES Mr. Ray S. Andrysiak submitted his favorable recommendation to the Board for the Contractor Bond of Nathan E. Jones. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the bond was approved effective July 14, 1980. APPROVAL OF HANDICAPPED PARKING PERMITS Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the following Handicapped Parking Permits were approved and referred to the Deputy Controller's Office for issuance: Robert Ungurait 410 Ostemo Place South Bend, Indiana Rebecca S. Fischer (doctor's certificate attached) 334 Ostemo Place South Bend, Indiana APPROVAL OF ENVIRONMENTAL CLEAN -UP OF LOTS A request from the Environmental /Action Center was received for permission to have city environmental crews clean the following lots within the city: ADDRESS Lot W. of 1219 E. Corby S/W corner of Corby & Clemens 1402 E. Fox 214 N. Brookfield 300 Blk. S. Walnut 222 S. Sheridan lst lot W. of 2117 Bertrand 1501 S. Catalpa 1149 N. College Corner Elmer & Marquette N/W 1617 N. Elmer 1816 Florence 606 N. Johnson 1209 N. Olive 627 Riverside 427 Studebaker 615 West Marion ('.(1NnTTTnN unacceptable garbage & trash, Weeds Weeds Weeds Piles of cement Garbage & trash uncollected. Litter, brush in alley, garbage & trash Weeds Junk, garbage & trash, materials in alley Furniture, garbage, junk, dead trees Litter & weeds Junk in back of house, garbage Furniture, mattress & hi -grass rear Front & rear weeds & brush Litter, weeds Litter, weeds, lumber, Christmas tree Weeds, trash by alley, junk at 421 lumber and fencing by alley Trash on front lawn, burning on the front lawn against the law REGULAR MEETING ADDRESS 738 N. Scott 1st Lot N. 221 Pagin 521 Studebaker 1215 Thomas S/W corner Colfax & Sunnyside 1650 N. Olive 113 S. Laurel 1125 Hancock Lot N. of 323 S. Kentucky 831 Lancaster 1308 S. 27th.St. 307 E. Keasey 618 Park Avenue 622 Sherman lst Lot S. of 653 Lawndale- Lot next to 1108N. Olive 1322 N. O'Brien 1237 N. Wilbur lst Lot W. of 929 Oak N/E corner St. Paul.& Washington 533 E. Dayton 301 E. Dubail Lot W. of 215 E. Donmoyer 402 East Milton N/W corner of Arnold &Huron 1312 W. Ford 1241 E. Corby 1613 Sibley Scott & Hoose Ct. corner JULY 14, 1980 CONDITION Brush in backyard, junk in back- yard, furniture & washer Litter & weeds, bed springs, wood, glass, cars Weeds over 2 ft. high, garbage & trash uncollected Garbage & trash uncollected, unacceptable recepticles Weeds over 2 ft. high Furniture, garbage & trash Garbage & Trash uncollected Weeds over 2 ft. high. Litter, weeds over 2 ft. high, boxes, appliances, trees Weeds over two feet high Weeds over two feet high Brush & junk Sink, S. side of house Litter in back, demolition remains, burn -out springs & furniture, x -mas tree in back Weeds over two feet high Weeds over,two feet high Litter, weeds over 2 ft. high Weeds over 2 ft. high,.brush Weeds over two feet high Litter, weeds over 2 ft. high Litter, weeds over 2 ft. high Litter, weeds over 2 ft. high Weeds over two feet high Litter, weeds over 2 ft. high, open excavation, dirt piles, junk tires Weeds over 2 feet high Weeds over two feet high Weeds over two feet high Stumps, demolition remains, dirt piles Litter, junk, garbage It was noted that the property owners had been advised to clean up the lots and had failed to comply. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the request was approved. APPROVAL OF CETA SUBGR:ANT MODIFICATION Mr. Elroy J. Kelzenberg, Director of the Bureau of Employment & Training, submitted Modification No. 1 to the subgrant agreement with the Specialized Transportation System of St. Joseph County., which modification renewed the agreement for the remainder of 1980; changed the format and amended the job description; and augmented the program budget by $50 to reflect administrative coordination costs. It was noted that all other parts of the initial agreement remained unchanged. Upon a motion: made by Mr. McMahon, seconded by Mr. Kernan and carried, the modification was approved. F� 1 i REGULAR MEETING JULY 14, 1980 APPROVAL OF CLAIMS Chief Deputy Controller Michael L. Vance submitted to the Board Claim Docket Number 12954 through Number 13293 and recommended. approval. Upon a motion made by Mr. McMahon,_ seconded by Mr. Hill and carried, the report was filed and the claims approved. There being no further business to come before the Board, upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the meeting adjourned at 10:15 a.m. r R chard L. Hill- J-6-seph E. Kernan ATTEST: ,� G a-1- Im- � Barbara,J. Byers, Cl k