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HomeMy WebLinkAbout04/06/1981 Board of Public Works MinutesREGULAR MEETING The regular meeting of the Board of 9:30 a.m., on Monday, April 6, 1981, with Mr. Leszczynski, Mr. Richard L. present. Deputy City Attorney Terry MINUTES OF PREVIOUS MEETING APPROVED APRIL 6, 1981 Public Works was convened at by President John E. Leszczynski, Hill and Mr. Joseph E. Kernan A. Crone was also present. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the minutes of the regular meeting of March 23, 1981; and the minutes of the special meeting of March 31, 1931, of the Board were approved as submitted. AGENDA ITEMS ADDED Upon a motion made by Mr. Hill, seconded by Mr. Leszczynski and carried, an agreement with the Merchants National Bank & Trust Company, Indianapolis, relating to the $5.9 Million General Obligation Bond Issue; and a proposal for repair of the Island Park retaining wall by Cole Associates, were added to the agenda, following approval of the contract for Police Department Automatic Data Processing. APPROVAL OF PROJECT COMPLETION AFFIDAVIT AND ACCEPTANCE OF IRREVOCABLE LETTER OF CREDIT (TOPSFIELD II SEWER PROJECT) Mr. Leszczynski advised that H. DeWulf Mechanical Contractor, Inc., had submitted for Board approval its Project Completion Affidavit for the construction of the sanitary sewers in Topsfield II, Part One, in the total amount of $13,729.50. He stated that the project had been inspected by the Department of Engineering and had been found to be in compliance with the plans and specifications. He further stated that the Irrevocable Letter of Credit submitted on behalf of H. DeWulf from the First.National Bank of Mishawaka, was in the amount of 10% of the contract amount and was being filed in lieu of a Maintenance Bond. It was noted that the Letter of Credit was valid until April 6, 1984. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the Project Completion Affidavit was approved and the Irrevocable Letter of Credit was accepted and filed. APPROVAL OF PROJECT COMPLETION AFFIDAVIT AND ACCEPTANCE OF IRREVOCABLE LETTER OF CREDIT (ERSKINE MANOR SEWER PROJECT) Mr. Leszczynski advised that H. DeWulf Mechanical Contractor, Inc., had submitted for Board approval its Project Completion Affidavit for the construction of the sanitary sewers and house leads in Erskine Manor, Phase I, in the total amount of $47,500.00. He stated that the project had been inspected by the Department of Engineering and had been found to be in compliance with the plans and specifications. He further stated that the Irrevocable Letter of Credit submitted on behalf of H. DeWulf from the First National Bank of Mishawaka, was in the amount of 10% of the contract amount and was being filed in lieu of a Maintenance Bond. It was noted that the Letter of Credit was valid until April 6, 1984. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the Project Completion Affidavit was approved and the Irrevocable Letter of Credit was accepted and filed. APPROVAL OF PROJECT COMPLETION AFFIDAVIT (GUARD RAIL CONSTRUCTION) A Project Completion Affidavit was submitted by Morse Electric Company for the guard rail construction on Angela Hill, Ironwood Drive and the entrance to Bercliff Estates at Logan. The total amount of the project was $3,795.85. Mr. Leszczynski stated that the project had been found to be in compliance with the plans and specifications. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the Project Completion Affidavit was approved. y REGULAR MEETING APRIL 6, 1981 APPROVAL OF FINAL CHANGE ORDER AND PROJECT COMPLETION AFFIDAVIT (PHILLIPA SEWER PROJECT) Mr. Leszczynski stated that O'Neal Trucking Company had submitted Change Order No. 2 (Final) for a decrease in the amount of the Phillipa Sanitary Sewer Contract of $5,655.00. He further stated that the Project Completion Affidavit indicated a total cost of $139,060.57. Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the Change Order in the amount of a decrease of $5,655.00 and the Project Completion Affidavit were approved. The Maintenance Bond which is effective to April 6, 1984, was filed. APPROVAL OF CONTRACT FOR REVIEW OF POLICE DEPARTMENT AUTOMATIC DATA PROCESSING (RICHARD METZCUS) Mr. Kernan explained that the proposed contract between the City of South Bend and Professor Richard Metzcus provided for a review of the soft -ware package of the computer equipment in place at the Police Department. According to the contract, Professor Metzcus would make recommendations on whether or not the system can be better implemented both at the Police Department and through the South Bend Community School Corporation. Mr. Kernan advised that the funds to pay for the services would come from the Managing Criminal Investiga- tion grant of which there was an allotment of approximately $15,000.00. The terms of the contract stipulate that Professor Metzcus be paid the sum of $2,835.00 upon completion of Phase I of the project; $2,025.00 upon completion of Phase II; and $3,240.00 upon completion of Phase Ill. Upon a motion made by Mr. Kernan, seconded by Mr. Leszczynski and carried, the contract was approved. APPROVAL OF AGREEMENT WITH MERCHANTS NATIONAL BANK & TRUST COMPANY Mr. Kernan stated that a Letter of Agreement was being submitted for Board approval between the City of South Bend and the Merchants National Bank and Trust Company, Indianapolis, Indiana. According to Mr. Kernan, the bank would provide services to the city as a financial advisor as it relates to the $5.9 Million General Obliga- tion Bond Issue, and would include structure of the issue, selection of management, assistance with the debt rating, evaluation of trustees and the timing and placement of the bond issue in the market to assure that the city obtains the most advantageous interest rates. Mr. Kernan stated that $5,000.00 would be the base fee, plus $1.00 per bond or approximately $5,900.00, with a minimum floor of $10,000.00. It was noted that the city had received four proposals for this service and Merchants National Bank had been the lowest and best proposal submitted. Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, the agreement was approved. APPROVE REQUEST TO ADVERTISE TO RECEIVE BIDS FOR WORD PROCESSING EQUIPMENT (CETA) Mr. Elroy J. Kelzenberg, Director of Michiana CETA, requested permission to receive bids for the lease /purchase of word processing equipment. Upon a motion made by Mr. Kernan, seconded by Mr. Leszczynski and carried, the request was approved, with bids to be received by the Board on April 20, 19081. APPROVAL OF PROPOSAL FOR REPAIR OF ISLAND PARK RETAINING WALL (COLE ASSOCIATES) Mr. Leszczynski stated that Cole Associates was submitting a proposal to make needed repairs to the retaining wall on Island Park in an amount of not to exceed $2,500.00. Upon a motion made by Mr. Kernan, seconded by Mr. Leszczynski and carried, the proposal was approved. � 74 REGULAR MEETING APRIL 6. 1981 APPROVAL OF LEASE /PURCHASE AGREEMENT (WORD PROCESSING EQUIPMENT) Mr. Hill stated that the Legal Department had conducted an evaluation of all available word processing equipment. He further stated that the equipment in question from A.B. Dick Company would be utilized by the Legal Department, Controller's Office and the Community Development Department, and the particular system had been determined to best fit the departments' needs. Mr. Kernan stated that the monthly payment to A.B. Dick was in the amount of $403.17. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the Lease /Purchase Agreement was approved. REQUEST OF AMERICAN LUNG ASSOCIATION TO PROHIBIT PARKING ON RIVER BEND PLAZA Ms. Mikki Dobski, River Bend Plaza Coordinator, submitted a request to the Board from the American Lung Association, for permission to prohibit parking on the Plaza from Washington to Jefferson during the Michiana Lung Run scheduled for June 6, 1981, from 8:00 a.m. to 11:00 a.m. 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. APPROVAL OF LEASE RENEWAL FOR YOUTH SERVICE BUREAU VAN (MEDOW LEASING) In a letter to the Board, Ms. Bonnie Strycker, Director of the Youth Service Bureau, requested the Board's approval of a third -year renewal of Lease Agreement with Medow Leasing for lease of a 1979 Dodge Sportsman Van, effective May 18, 1981. It was noted that the monthly rate of $240.48 was reduced $15.00 from previous years. Upon a motion made by Mr. Kernan, seconded by Mr. Leszczynski and carried, the Lease Renewal Agreement was approved in the amount of $240.48 per month. DENY APPLICATION FOR OPEN AIR STAND LICENSE ON RIVER BEND PLAZA (ANYTHING GROWS, INC.) Mr. Leszczynski stated that an application for an Open Air Stand License on River Bend Plaza in front of the Sherland Building had previously been received from Anything Grows, Inc. He further stated that the request had been referred to Mr. Patrick McMahon, Director of the Department of Redevelopment, for his review and comments. Mr. McMahon stated that he was recommending that the application be denied since the location of such a stand had been determined to create a competitive impact on a florist shop already located downtown. Mr. Robert Waechter, representing Anything Grows, questioned whether or not there was a conflict. Mr. McMahon advised Mr. Waechter that the city has an agreement with the Downtown South Bend Council, of which many of the downtown merchants are members, whereby a determination is made as to whether or not any open air stand would be in direct competition with existing merchants. He stated that the florist presently located on Wayne Street and the Downtown Council had been contacted and a negative response had been received for location of the stand of Anything Grows. Mr. McMahon stated that the Downtown Council and the Board of Works had always felt that businesses downtown which are established and permanent structures have incurred great expense in relocating there and pay taxes as such residents and should not, therefore, have to compete with temporary stands which sell the same merchandise. In effect, if the Board would approve stands of this type, the city would be subsidizing competition of the downtown merchants. Upon a motion made by Mr. Hill, seconded by Mr. Leszczynski and carried, the recommendation to deny the application was approved. REGULAR MEETING APRIL 6, 1981 APPROVAL OF PROPOSAL FOR CONSULTING SERVICES FOR CO- GENERATION (LAWSON- FISHER ASSOCIATES) Mr. Leszczynski advised that a proposal from Lawson - Fisher Associates in a lump sum of $1,000.00 was being submitted for Board approval. Mr. Patrick McMahon, Executive Director of the Department of Redevelop - ment, stated that the proposal relates to the entire issue of co- generation, something similar to the hydro- electric system. With the help and assistance of Lawson- Fisher, ground rules and the relationship between the co- generation facility and the Indiana & Michigan Electric Company would be established. Mr. McMahon stated that a number of other municipalities in Indiana were participants in similar programs, and the consultant would help to solicit activity in the State Legislature for the system. Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, the proposal was approved. REQUESTS FOR BOOTHS ON RIVER BEND PLAZA Mr..Leszczynski stated that the following requests to set up booths on River Bend Plaza had been received: Mr. Jon A. Niedzwiecki 608 McOmber Street Dowagiac Promotion Management Associates 16710 Chicago Ave. Lansing, Illinois Sale of Daffodils in April & May Art and Craft Show on August 6 & 7, or August 13 & 14 Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above requests were referred to the Controller and the Department of Redevelopment for review and recommendation. APPROVE INTENDED USE HEARING ON REVENUE SHARING FUNDS Chief Deputy Controller Michael L. Vance submitted for Board approval a request to advertise to hold intended use hearings on the proposed use of $10,000.00 of revenue sharing funds for alternative fuel conversion and $10,000.00 for the Ethnic Festival. Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the request was approved and the intended use hearings scheduled for April 20, 1981. APPROVE REQUEST TO SELL BICYCLES AND OTHER UNCLAIMED PROPERTY Police Chief Dan Thompson requested permission from the Board to conduct auctions for the disposal of bicycles and other unclaimed property. In a letter to the Board, he advised that the bicycles had been held for over six months, and the other unclaimed property had been held for anywhere from six months to a year. Among those items to be auctioned were: bicycles, televisions, stereos, tape decks, golf clubs, hand and power tools, household items and jewelry. It was requested that the bicycle auction take place on May 2, 1981, beginning at 9:00 a.m., at the Police Station, and the auction for the disposal of other unclaimed property be held on May 30, 1981, also beginning at 9:00 a.m., at the Police Station. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the request was approved. APPROVE RECOMMENDATION TO DENY PAWNBROKER'S LICENSE In a letter to the Board, Mr. Kernan recommended that the application of Lester B. Bentley for a pawnbroker's licesne at 1402 South Michigan Street be denied after review by the Police Department and Building Department. Mr. Kernan stated that the location of a pawn- broker's facility at 1402 South Michigan Street would violate the zoning code as it pertains to controlled usage requirements. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, I C7 1 REGULAR MEETING APRIL 6, 1981 the recommendation to deny the license was approved, and the Clerk was instructed to advise Mr. Bentley of his right to a hearing before the Board. Mr. Kernan abstained. APPROVAL OF PERMITS FOR DRIVEWAY ENTRANCE CONSTRUCTION (FIRST BANK CENTER PROJECT) Mr. Leszczynski stated that approval was needed on driveway entrance permits on U.S. 20 for the loading dock of the Marriott Hotel complex, and on U.S. 33 for a drive access into the hotel complex. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the permits were approved and forwarded to the Indiana State Highway Commission for concurrence. APPROVE REQUEST TO ADVERTISE TO RECEIVE BIDS AND SIGNING OF TITLE SHEET (HAWBAKER ST. SANITARY SEWER PROJECT - IMPROVEMENT RESOLUTION NO. 3501, 1980) Mr. David A. Wells, Manager of the Bureau of Administration and Design, requested permission to advertise to receive bids for the Hawbaker Street Sanitary Sewer Project as authorized under Improvement Resolu- tion No. 3501, 1980. It was noted that the public hearing on the proposed improvement had been held on November 24, 1980, and December 8, 1980, at which time, the Board had closed the public hearing and authorized the Engineering Department to proceed with the preparation of plans and specifictions for the project. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the request was approved, with bids to be received by the Board on April 20, 1981, and the title sheet was approved and signed. APPROVE REQUEST OF AMERICAN LEGION AUXILIARY TO SELL POPPIES A request was received from the American Legion Auxiliary Unit 303 for permission to sell poppies on the city streets on May 15 and May 16, 1981. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the request was approved, provided that the sale of the veteran -made poppies be confined to the public sidewalks. FILING OF REPORTS AND ADOPTION OF VACATION RESOLUTION NO. 3507, 1981 (RIVER PARK NURSING HOME) VACATION RESOLUTION NO. 3507, 1981 RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, That it is desirable to vacate the following: First east -west alley south of Mishawaka Avenue, running between 26th and 27th Street, excepting the 14' right -of -way of the north -south 14' alley between Mishawaka Avenue.and Vine Street in Horne & Dunn 1st Sub. in River Park, South Bend, Indiana. Reserving the rights and easements of all Utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right of way, unless such rights are released by the individual Utilities. The following property may be injuriously or beneficially affected by such vacation: Lots 139, 140, 155 and 156, in Horne & Dunn lst Sub. in River Park, South Bend, Indiana. Notice of this Resolution shall be published on the 10th & 17th days of April, 1981, in the South Bend Tribune and in the Tri- County News. This Board, at its office, on the 27th day of April, 1981, REGULAR MEETING APRIL 6, 1981 at 9:30 o'clock, A.M., will hear and receive remonstrances from all persons interested in or affected by these proceedings. Adopted this 6th day of April, 1981. BOARD OF PUBLIC WORKS s/ John E. Leszczynski s/ Richard L. Hill s/ Joseph E. Kernan ATTEST: s/ Barbara J. Byers, Clerk The reports of the Area Plan Commission, Community Development and the Engineering Department indicated that there was no objection to the proposed vacation. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the reports were filed and Vacation Resolution No. 3507, 1981, was adopted and a public hear- ing set for April 27, 1981. FILING OF ASSESSMENT ROLL - VACATION RESOLUTION NO. 3506, 1981 (ALLEY RUNNING NORTH FROM CRESCENT) John E. Leszczynski, City Engineer, filed an Assessment Roll with respect to Vacation Resolution No. 3506, 1981, for the vacation of the 14 -foot alley running north from Crescent Avenue to the first east -west alley between Niles and Hill Streets, in Cedar Heights Subdivision. The following property may be injuriously or beneficially affected by such vacation: Lots 10, 11, 12 and 13, Cedar Heights Subdivision, and also a vested interest in unplatted land west of and adjacent to said alley. The Assessment Roll lists $0.00 net damages and $0.00 net benefits to the abutting properties. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the Assessment Roll was filed and set for public hearing on May 4, 1981. APPROVAL OF COUNTER- OFFERS FOR SALE OF CITY -OWNED PROPERTIES Mr. Leszczynski stated that Mr. Donald Karmolinski, 1106 McCartney Street, had submitted a counter -offer to the city of $125.00 for the city -owned lot located at 1118 McCartney Street. Likewise, Mr. J. L. Whitehouse, 523 South Harris, was submitting a counter- offer of $365.00 for the city -owned lot at 513 Walnut Street. Mr. Kernan stated that he had reviewed the counter - offers for the above properties. He noted that the city had established an offering price of $390.00 for the property at 1118 McCartney and that Mr. Karmolinski was submitting a counter -offer of $125.00 for the property, noting that he was an adjacent property owner and that the lot had presented numerous problems to the city in the past because of the large amount of trash and debris. Mr. Kernan stated that Mr. Karmolinski would have to be responsible for the expense incurred in clearing the property of the trash and debris. He further stated that Mr. Whitehouse had been given an offer of $417.00 for the property at 513 Walnut Street and was submitting a counter -offer of $365.00 for the lot. In both cases, Mr. Kernan recommended that the Board approve the counter - offers in order to place the properties back on the tax rolls. Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried,, the above counter - offers were approved, subject to the approval by the Common Council since the selling price would be less than the established valuations of the property. 1 1 1 REGULAR MEETING APRIL 6, 1981 APPROVAL OF PURCHASE AGREEMENTS FOR SALE OF CITY -OWNED PROPERTY (405 EAST CALVERT) Mr. Leszczynski stated that Mr. Robert S. Annis, 407 East Calvert Street, had previously expressed an interest in purchasing the city -owned lot located at 405 East Calvert Street. It was noted that the necessary approvals for the sale of the property had been given, and an offering price of $384.00 established. Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, the purchase agreements for sale of the above property were approved, and the matter was referred to the Legal Department for preparation of the appropriate deed of conveyance. APPROVAL OF TRAFFIC CONTROL DEVICE Mr. Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, recommended approval of a new installation of the follow- ing traffic control device: No Parking - Commercial Loading Zone on the west side of Bendix Drive, south of the Bendix Corporation, Gate 6 Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the traffic control device was approved. APPROVAL OF ENVIRONMENTAL CLEAN -UP OF LOTS A request from the Neighborhood Code Enforcment Office was received for permission to have city environmental crews clean the following lots within the city: 1149 Donald 01 E. Donald 711 Cottage Grove 1436 E. Corby 1420 E. Corby 1235 W. Colfax Clemens north of Linden 214 S. Chestnut 521 S. Carlisle 727 N. Allen 3601 W. Western 1323 W. Washington 1308 W. Washington 2415 S. Twyckenham Vacant lot S. 1739 Sheridan 438 Phillipa Vacant lot S. 1739 Sheridan It was noted that property owners had lots and had failed to comply. Upon seconded by Mr. Hill and carried, the Vacant lots 1706 Sherman N. 318 Scholum 125 N. Sadie 1808 Rupel 210 E. Pennsylvania 527 Parry 2633 W. Newcome 1710 2 S. Michigan 609 -611 Marion 601 Lincolnway E. 2509 Lawton 2429 Kenwood 140 E. Indiana 218 N. Huey 2113 Gertrude 1717 Franklin 1715 S. Franklin 4006 W. Ford been advised to clean up the a motion made by Mr. Leszczynski, request was approved. APPROVAL OF CONTRACTOR AND EXCAVATION BONDS Mr. Ray S. Andrysiak, P.E., submitted his recommendation for approval of the Contractor Bond of Richard D. Hanna, Jr., and the Excavation Bond of Williams & Dominiak Mechanical, following his review of same. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the Contractor Bond of Richard D. Hanna, Jr., was approved retroactive to March 25, 1981, and the Excavation Bond of Williams & Dominiak Mechanical was approved effective April 6, 1981. APPROVAL OF HANDICAPPED PARKING PERMITS Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the following handicapped parking permits were approved REGULAR MEETING APRIL 6, 1981 and referred to the Deputy Controller's Office for issuance: Betty Karns, 4204 Manor Dr., S.B. Robert McDermott, 58920 Magnolia, S.B. Kerry Knowlton for Eric Knowlton, 3311 Ardmore, S.B. Lucille Hasley, 3128 Wilder Dr. Shirley VanDolick, 198 E. Cleveland, S.B. Wayne Rupel, 52603 Jackie Ln. Mrs. Adah Pfau, 19575 Brick Rd. Betty Hatton, 728 Dale Ave., Mish. Angella Zdankus, 29899 L.W.W., New Carlisle Paul G. Rohleder, 722 Harrison, S.B. Annabelle M..Brehmer, 609 N. Lafayette, S.B. Linda 14. Schlabach, 430 S. Scott, S.B. Emmett or Dorothy Bashore, 500 L.W.E., Apt. 507, Mist.. Katherine E. Szlanfucht, 1206 Victory, S,B. FILING OF STREET LIGHT OUTAGE REPORT The report indicated a total of 9 outages for the period of March 19 through March 30, 1981. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the report was filed. APPROVAL OF CLAIMS Chief Deputy Controller Michael L. Vance submitted Claim Docket No. 5209 through No. 6033 and recommended approval. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the claims were approved and the report filed. There being no further business to come before the Board, upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the meeting was adjourned at 10:20 a.m. ATTEST: Barbara J. Byers, CletR z l !r J n E. Leszc y s i • 1 �l 1