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HomeMy WebLinkAbout06/01/1981 Board of Public Works MinutesREGULAR MEETING JUNE 1, 1981 The regular meeting of the Board of Public Works was convened at 9:30 a.m., on Monday, June 1, 1981, by President John E. Leszczynski, with Mr. Leszczynski, 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 regular meeting of May 18, 1981, were approved as submitted. APPROVE INTENDED USE OF REVENUE SHARING FUNDS This was the date set for holding a public hearing on the proposed use of revenue sharing funds in the amount of $466,000.00 during the calendar year 1981. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri- County News which were found to be sufficient. Mr. Leszczynski noted that this was the public hearing on the proposed use of revenue sharing funds as follows: $466,000.00 Street Paving Program In accordance with guidelines adopted for such use of revenue sharing funds, information about this public hearing was forwarded to the following senior citizen groups with the request that the notice be posted: Foster Grandparents, Hansel Neighborhood Center, REAL Services, Retired Senior Volunteer Program, Senior Citizens Group of LaSalle Park, Harvest House Centers and Howard Park Senior Citizens Group. There was no one present to speak against the proposed expenditure. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the public hearing was closed and the Clerk was instructed to forward the minutes of this public hearing to the Controller's Office and the City Clerk. APPROVAL OF CONTRACTS - FIRST BANK CENTER SITEWORK Mr. Leszczynski stated that, in accordance with bids awarded for First Bank Center sitework on May 11, 1981, the following contracts were being submitted for Board approval: Hunziker, Inc. 2344 Yankee Niles, Michigan Ritschard Bros., 1204 W. Sample South Bend, Ind. St. Joseph Valley P. 0. Box 1283 Elkhart, Ind. Inc. Structural Steel Contract No. 125 (a) - Exterior Landscaping $88,736.00 Contract No. 126 - Grading and Shaping $14,000.00 Contract No. 129 - Metals $56,360.00 Mr. Leszczynski advised that the contracts had been reviewed and recommended for approval by the Construction Manager and the Director of the Department of Redevelopment. It was noted that the required Certificates of Insurance, Performance Bonds and Labor and Materials Payments Bonds were submitted for Hunziker and Ritschard Brothers. Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the above contracts were approved, subject to the filing of the required insurance and bonds from St. Joseph Valley Structural Steel Corporation. EXECUTE RELEASE DEED (INDIANA & MICHIGAN ELECTRIC - HYDRO- ELECTRIC DEVELOPMENT) Mr. Leszczynski stated that the city was desirous in pursuing the generation of power at the dam on the St. Joseph River and, in order to do so, needed to obtain a release from Indiana & Michigan 1 i 1 REGULAR MEETING JUNE 1, 1981 Electric relinquishing any rights it held for the generation of electricity at the dam. He advised that the original deed dated December 8, 1965, conveyed to the city a dam across the St. Joseph River and a restriction that the dam not be used for generation of power. Mr. Hill advised that the Release Deed which was signed by Indiana & Michigan Electric would release that restriction and allow the city to pursue the generation of power at the dam. Mr. Kernan felt the Indiana & Michigan Electric Company should be commended for releasing the restriction. Upon a motion made by Mr. Hill, seconded by Mr. Leszczynski and carried, the Release Deed was approved and executed by the Board. APPROVE RESEARCH CONTRACT - COMMUNITY DEVELOPMENT An agreement was submitted to the Board from the Community Development Department for approval of the hiring of a research associate for the summer months. Mrs. Patricia Harris from the Community Develop- ment Department explained that the research associate was a college student and would be paid the sum of $5.00 per hour until mid - August, not to exceed 456 hours, for the purpose of assisting in various planning activities within the department. Upon a motion made by Mr. Kernan, seconded by Mr. Leszczynski and carried, the contract was approved. APPROVE COMMUNITY DEVELOPMENT CONTRACTS - DEPARTMENT OF ECONOMIC DEVELOPMENT AND REDEVELOPMENT Mrs. Ann Kolata, Redevelopment Department, explained that Board . approval was needed on two contracts for development of the East Bank area and Monroe - Sample Street project; one contract in the amount of $1,600,000 from a Section 108 Loan and one for $500,000 from the 1979 Block Grant Fund. She advised that the Department of Redevelopment acted favorably on the two contracts on May 15, 1981. Upon a motion made by Mr. Kernan, seconded.by Mr. Leszczynski and carried, the above contracts were approved. APPROVE COMMUNITY DEVELOPMENT CONTRACT - PARK DEPARTMENT Mr. Leszczynski stated that a contract between the Park Department and the Community Development Department was being submitted for the construction of a shelterhouse for Pulaski Park in the amount of $50,000. Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the contract was approved. APPROVE ADDENDUM TO COMMUNITY DEVELOPMENT CONTRACT - BUREAU OF HOUSING Mr. Leszczynski noted that Addendum I to a previously - approved contract between the Bureau of Housing and Community Development was being submitted for Board approval which modified the original agreement to provide for replacement of the boiler system of the YWCA Building (to be administered by the Bureau of Housing). It was noted that the original budget of $50,000 would not be increased at this time since there was a contingency in the fund, and that the architectural work for the replacement of the boiler would amount to $7,500. Upon a motion made by Mr. Hill, seconded by Mr. Leszczynski and carried, the addendum was approved. APPROVE MONTHLY LEASE AGREEMENT FOR IBM COPIER - COMMUNITY DEVELOPMENT In a letter to the Board, Mrs. Patricia Harris explained that the Department of Community Development was desirous of executing a short -term rental agreement with IBM for its present Copier II and Collator located on the 14th floor of the building. It was noted that the 12 -month lease agreement to cover the machine had expired as of May 1, 1981, and the department did not want to renew the yearly lease because it was anticipating going out for bids on a new copier system. The monthly rate would total $360.05 and the agreement would run for approximately a two -month period. Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, the monthly lease /rental agreement was approved. REGULAR MEETING APPROVE REQUEST TO ADVERTISE FOR BIDS - LEASE /PURCHASE OF COPIER (COMMUNITY DEVELOPMENT) JUNE 1, 1981 The Department of Community Development requested permission from the Board to advertise to receive bids for the lease /purchase of a copying machine in accordance with specifications submitted for its use. Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the request was approved, and the date of June 15, 1981, was set for the bid opening. APPROVE REOUEST TO ADVERTISE FOR BIDS DE -ICING MATERIALS Mr. Leszczynski stated that the Street Department was requesting permission to advertise to receive bids for de -icing chemicals for the 1981 -1982 winter season. Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the request was approved, and the date of June 15, 1981, was set for the bid opening. APPROVE REQUEST TO ADVERTISE FOR BIDS - CAR WASHES Assistant Services Division Chief Spandward Mitchem requested permission from the Board to advertise for the receipt of bids for car washes for police vehicles. It was noted that the city's present contract with Comet Car Wash expired on June 30, 1981. Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, the request was approved, and the date of June 15, 1981, was set for the bid opening. APPROVE CONTRACT FOR AMBULANCE FEE COLLECTIONS - AMERICAN UNITED SYSTEMS Mr. Kernan explained that the city has been attempting to collect past -due fees and charges for ambulance service from 1978 through 1980. He explained that, due to efforts of the City Attorney, an active role was taken in 1980 for collection of the past -due accounts; however, considerable amounts were still due and owing to the city. He advised that, upon concurrence and recommendation of the State Board of Accounts, an agreement was drafted between the city and American United Systems for collection of past -due accounts, with the rate of compensation to American United Systems of 35% of any past -due billings collected, and 38% when the collection is made after the commencement of litigation. He recommended that the contract be amended as follows: (1) In Section 1, the years of 1978, 1979 and 1980 be spelled out; and (2) In Section 3, the determination that litigation is necessary shall be at AUS's and the city's discretion, rather than just the discretion of AUS. Mr. Hill wondered if the 38% to be paid to AUS would be the total after court costs. Mr. George Gollnick, President of American United Systems, explained that the city would pay the court costs but the entire amount, including court costs, would be collected. Mr. Richard Switalski, Fire Department, explained that for the years 1978 through 1980, an amount of $59,764..05 was uncollected. He stated that in 1980, the collection rate had been 74% and that most of the uncollected fees was a result of past -due accounts in 1978 and 1979. Upon a motion made by Mr. Kernan, seconded by Mr. Leszczynski and carried, the contract was amended as recommended by Mr. Kernan, and approved. DENY REQUEST TO SET UP PODIUM ON RIVER BEND PLAZA Mr. Jerry F. Felts, 323 South West Street, Mishawaka, submitted an application to set up a podium and public address system on the state in front of Robertson's at various times during the day for the purpose of preaching. Mr. Felts stated that the City of Mishawaka had given him permission to preach using a public address system. He assured the Board that he would set the microphone at the minimum volume so as not to disturb anyone. Mr. Hill informed Mr. Felts that he certainly had the right to preach or comment publicly on River Bend Plaza, but he felt there would be problems with the amplification in view of the fact that the city had received complaints concerning that in the past from other individuals who had wanted to use microphones. 1 1 1 REGULAR MEETING JUNE 1, 1981 He advised Mr. Felts that the Board has, in the past, approved the use of a public address system and the setting up of booths, lecturns and podiums; however, these requests were for a specific date and were never on River Bend Plaza. He felt the request for a podium and microphone should be denied; however, he stated that Mr. Felts had every right to preach and walk around on the Plaza. Mr. Felts wondered about the danger in just using the pulpit if the Board felt there would be problems with the public address system. Mr. Hill stated that one request of this kind would not pose a probelm, but he felt many groups and individuals would then come before the Board to set up temporary podiums and the city would be faced with having to approve some and refuse others. Mr. Crone advised Mr. Felts that he had the absolute right to preach and walk around on the Plaza; however, the Board would have the authority to give approval or deny the setting up of any equipment on city -owned property. Mr. Kernan stated that he felt there might be problems with insurance requirements if the request was approved. Upon a motion made by Mr. Kernan, seconded by Mr. Leszczynski and carried, the request was denied. Mr. Hill again informed Mr. Felts that he had every right to speak and preach on the Plaza but would not be allowed to use a public address system or set up a podium or pulpit. APPROVE OPEN AIR STAND LICENSE FOR SALE OF FIREWORKS - SOUTHWEST CORNER OF STATE ROAD 23 AND EDISON An application for an open air stand license for the sale of fire- works at the southwest corner of State Road 23 and Edison on the lot owned by the Linebacker for the period of June 22 through July 4, 1981, was received from Ken VanCleve, 3121 Bentley Lane. Mr. Leszczynski advised that the Building Department and Bureau of Traffic and Lighting had no objection to the location of the stand provided there was not a problem with cars stopping and parking along Edison or South Bend Avenue resulting in traffic congestion at that location. Mr. Leszczynski advised that the applicant would be required to meet state laws concerning the use of fireworks. Upon a motion made by Mr. Kernan, seconded by Mr. Leszczynski and carried, the application was approved, subject to the fulfillment of all requirements of the State Fire Marshal and the South Bend Fire Department. FILING OF PETITION TO GRADE AND PAVE ALLEY IN HARTER HEIGHTS SECOND ADDITION (BARRETT LAW) A petition was submitted by Attorney Bruce J. Bondurant, signed by all the property owners in the block bounded by Angela Boulevard, St. Joseph Street, Pokagon and Foster Streets, requesting the city to properly grade and pave the east -west alley within the above block in accordance with Barrett Law regulations. Mr. Leszczynski noted that nine property owners had signed the petition, and included all owners of lots abutting the alley. He stated that the property owners would pay 100% of the cost involved and the Engineering Department would prepare the plans and specifications for the concrete paving of the alley. Upon a motion made by Mr. Kernan, seconded by Mr. Leszczynski and carried, the petition was referred to the Bureau of Design and Administration for preliminary review and recommendation. APPROVE PAUL F. BOEHM MINI - MARATHON The Bureau of Traffic. and Lighting recommended approval of the request to hold the Paul F. Boehm Mini- Marathon on Saturday, June 27, 1981, starting at 9:00 a.m., in Rum Village Park, and the closing of the following streets for the duration of the rum which was anticipated to last approximately an hour: Beginning at approximately 8:45 a.m., Gertrude Street will be closed from Ewing to Ireland; Keria Trail from Ireland to Chippewa; and Chippewa from Keria Trail to Gertrude. REGULAR MEETING JUNE 1, 1981 The Bureau also recommended that the police officer in charge of the intersection use his discretion on the re- opening of the above streets based on the number of runners still left on the roadway. Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the recommendation was approved. APPROVE CLOSING OF WASHINGTON STREET FOR COURTHOUSE MONUMENT SERVICES The Bureau of Traffic and Lighting recommended the closing of the left and center of Washington Street between Main and Lafayette on Sunday, June 28, 1981, from 12:45 p.m. to 2:30 p.m. for the memorial service to be conducted by the Veterans of Foreign Wars at the Courthouse monument. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the recommendation was approved. It was noted that the right lane (northerly lane) would remain open at all times for vehicular traffic. REQUEST TO PURCHASE CITY -OWNED PROPERTIES Mr. Leszczynski noted that the following requests had been received by the Board for the purchase of city -owned properties: Mary Vogel City -owned property at 1806 S. Jackson 1802 S. Jackson (vacant Homestead lot being sold by Bureau of Housing) Barbara Douglas 1245 W. Washington City -owned property at 106 North Walnut Clem Fisher City -owned property at 1919 S. Catalpa 1921 S. Catalpa (vacant Homestead lot being sold by Bureau of Housing) Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above requests were referred to the various city agencies for a determination as to whether or not the lots need be retained by the city for any reason. It was noted that the request of Mary Vogel for the property at 1806 South Jackson was the third request received for that particular property which, if approved for sale, would necessitate the receipt of sealed bids for the property. APPROVE ENVIRONMENTAL CLEAN -UP OF LOTS A request from the Neighborhood Code Enforcement Office was received for permission to have city environmental crews clean the following lots within the city: 1217 S. 31st 643 River 1314 S. 32nd 1717 S. Williams 525 W. Indiana 525 E. Broadway 304 E. Indiana 202 E. Dayton 1745 Marine 307 S. Pine 2233 Bertrand 521 N. Birdsell 916 N. Hill 1218 Academy P1. 1533 Lagoon 532 S. Brookfield 624 Leland 418 Cottage Grove 627 S. Fellows 912 Harrison 2020 Kenwood 910 S. Lafayette 1110 S. Lafayette 920 Oak 1912 N. Olive 526 N. Scott 755 South Bend Ave. 925 Thirty Sixth Lot N. of 1651 N. Huey Lot across from 1806 N. Elmer 306 E. dubail 726 S. 33rd 1015 Quimby 1417 E. Miner 202 S. Walnut 2614 W. Ford It was noted that property owners had been advised to clean up the lots and had failed to comply. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the request was approved. 1 1 1 REGULAR MEETING APPROVE CONTRACTORS' BONDS JUNE 1. 1981 Mr. Leszczynski advised that Ray S. Andrysiak had reviewed the following Contractors' Bonds and recommended approval: G & B Construction Company Wasil Ride Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above bonds were approved. Also recommended for approval by Mr. Andrysiak was a Contractor's Bond of Rufegio Flores, retroactive to May 15, 1981. Upon a motion made by Mr,. Leszczynski, seconded by Mr. Kernan and carried, the bond was approved retroactive to May 15, 1981. APPROVE HANDICAPPED PARKING PERMITS 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: Florence DeGraff, 11938 McKinley, Mish. (Larry Davis) Walter D. Wade, 633 S. 26th, S.B. Merl Hileman, 19659 Cowles Ave., S.B. Morton L. Linder, 1505 Marigold #307, S.B. Bernice Paskiet, 2122 W. Roger, S.B. Toni Hill, 62430 Locust, Lot 158, S.B. FILING OF CERTIFICATE OF INSURANCE Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the Certificate of Insurance for Sollitt Construction Company was filed. FILING OF STREET LIGHT OUTAGE REPORT The report indicated a total of 25 outages for the period of May 12 through May 27, 1981. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the report was filed. APPROVAL OF CLAIMS Chief Deputy Controller Sherri Petz submitted Claim Docket No. 8478 through No. 9267 and recommended approval. Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan 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. Leszczynski, seconded by Mr. Kernan and carried, the meeting adjourned at 10:10 a.m. n E. Leszc y s i c and L. Hill oseph E. Kernan ATTEST: yza,6 �2. , e, -J Barbara J. Bye s, Clddsk