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HomeMy WebLinkAbout01/17/94 Board of Public Works Minutes5p REGULAR MEETING JANUARY 17, 1994 The regular meeting of the Board of Public Works was convened at 9:34 a.m. on Monday, January 17, 1994, by Board President John E. Leszczynski, with Mr. Leszczynski, Mr. James R. Caldwell and Mrs. Jenny Pitts Manier present. Also present was Assistant City Attorney Mary H. Mueller. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the minutes of the regular meeting of the Board held on January 10, 1994, were approved. ADOPT RESOLUTION NO. 2-1994 - DISPOSAL OF OBSOLETE EOUIPMENT Mr. Matthew L. Chlebowski, Director, Division of Equipment Services, advised members of the Board that on behalf of the Division of Environmental Services, he requests that the Board declare obsolete three (3) trasher packers as they are no longer appropriate for City use. Mr. Chlebowski noted that the vehicles shall be sold by sealed bid to the highest bidder in an "as is" condition. Mr. Leszczynski made a motion that the appropriate Resolution which has been prepared be adopted. Mr. Caldwell seconded the motion which carried and the following Resolution No.-2-1994 was adopted: RESOLUTION NO. 2-1994 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND/OR OBSOLETE PROPERTY WHEREAS, it has been determined by the Board of Public Works that the following property is unfit for the purpose for which it was intended and is no longer needed by the City of South Bend: ONE (1), 1983 TRASHER PACKER (UNIT 4562) VIN. 41FDXR80UXDVA36711 MILEAGE: 124,170 ONE (1) 1986 TRASHER PACKER (UNIT 4572) VIN. # 1FDYR80U5GVA13071 MILEAGE: 126,031 ONE (1) 1984 TRASHER PACKER VIN. # 1FYDR80U9EVA59564 MILEAGE: 123,588 WHEREAS, Indiana Code 36-1-11-6(b) permits and establishes procedure for disposal of personal property which is unfit for the purpose for which it was intended and which is no longer needed by the City. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that the items listed above are no longer needed by the City; are unfit for the purpose for which they were intended and have an estimated total value of Five Thousand Dollars ($5,000.00) or more. BE IT FURTHER RESOLVED that said property may be sold at a Public Auction conducted by an auctioneer licensed under Indiana Code 25-6.1, after advertising the property for sale, in accordance with Indiana Code 5-3-1. However, if an auctioneer is not engaged, the disposing agent shall sell the property at a public sale or by sealed bids delivered to the office of the 052 REGULAR MEETING disposing agent before the to the highest responsible shall be made in accordance JANUARY 17, 1994 date of sale. All sales shall be made bidder. Advertisement of the sale with Indiana Code 5-3-1. ADOPTED this 17th day of January, 1994. BOARD OF PUBLIC WORKS s/John E. Leszczynski s/James R. Caldwell s/Jenny Pitts Manier ATTEST: s/Sandra M. Parmerlee, Clerk APPROVE ACCESS AGREEMENT - MARATHON OIL COMPANY Board Attorney Mary H. Mueller submitted to the Board an Access Agreement between the City and Marathon Oil Company, 539 South Main Street, Findley, Ohio. Mrs.. Mueller noted that the Marathon Oil Company requires access to a portion of the right-of-way of Olive Street at Lincolnway West to install two (2) monitoring wells in order to complete environmental testing. The Agreement indicates that the City is willing to grant access to this area for this purpose under the terms and conditions as set out in the Agreement which includes a hold harmless clause. Therefore, Mr. Caldwell made a motion that this Agreement be approved and executed. Mrs. Manier seconded the motion which carried. APPROVE CONSENT.TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE Mr. Leszczynski stated that the Board is in receipt of a Consent to Annexation and Waiver of Right to Remonstrate as submitted by Mr. Elmer R. Graber, President, Veterinary Management Consultants, Inc. The Consent indicates that in consideration for permission to tap into the public sanitary sewer system of the City, to provide. sanitary sewer service to property located in the subdivision known as "Fernwood at Cleveland", (Key Nos. 02-1020-0430.01, 02- 1020-0429, 02-1020-0437.01 and 02-1-20-0437.02), South Bend, Indiana, Veterinary Management Consultants, Inc., and Elmer R. Graber, individually, 424 Dixie Way North, South Bend, waive and release any and all right to remonstrate against or oppose any pending or future annexation of the property by the City of South Bend. Therefore, Mr. Leszczynski made a motion that the Consent be approved. Mrs. Manier seconded the motion which carried. APPROVE ADDENDUM TO AGREEMENT - INDIANA MICHIGAN POWER COMPANY (RELOCATION OF POWERLINE) Mr. Leszczynski advised that submitted to the Board today is an Agreement among the South Bend Redevelopment Authority, the City of South Bend and Indiana Michigan Power Company, for the relocation of a powerline in the 2010 Project area. It is noted that this Addendum is required to clarify the responsibilities of the parties under Paragraph 2 of the Agreement which was approved by the Board on October 12, 1992. It is noted that as requested by the Authority and the City, portions of I&M's facilities will be located on property owned by the Indiana Toll Road Commission. Therefore, Mrs. Manier made a motion that this Addendum be approved. Mr. Caldwell seconded the motion which carried. I 1 053 REGULAR MEETING JANUARY 17. 1994 APPROVE REPORT OF CONTRACT FINAL INSPECTION - FIBER OPTIC SIGNALIZATION Mr. Toy Villa, Division of Engineering, submitted to the Board an Indiana Department of Transportation Report of Contract Final Inspection and Recommendation for Acceptance in regards to the second contract of the fiber optic signalization project. The Report indicates that a final inspection was made on January 6, 1994 and all work was found to be satisfactory. Mr. Leszczynski made a motion that this Report be approved and executed. Mr. Caldwell seconded the motion which carried. Mr. Thomas Howell, Radio Station U93, inquired if the City was satisfied with the computerized signalization project and if it kept traffic moving smoothly. Mr. Leszczynski stated that the City was satisfied and traffic seems to be moving along. The City continues to fine tune the system such as getting rid of the bottlenecks that occur at certain locations. RECOMMENDATION TABLED - VACATION OF 1ST NIS ALLEY E. OF NORTH COTTAGE GROVE AVENUE AND WEST GRANDVIEW AVENUE FROM THE E. R-O-W LINE OF N. COTTAGE GROVE TO THE SW R-O-W LINE OF L.W.W. Mr. Leszczynski indicated that the Common Council has submitted to the Board a Vacation Petition as submitted by Jeffrey V. Gibney, 914 Lincolnway West, South Bend, Indiana, as Contact Person for South Bend Heritage Foundation, by Mr. Raphael Thomas, Jr., Vice - President, 914 Lincolnway West, South Bend, Indiana, to vacate the following property: The first north/south alley east of North College Grove Avenue from the south line of Lot 1 (Klingel's Subdivision of Heintzman's Addition) to the south right- of-way line of W. Grandview Avenue for a distance of approximately 132.8 feet and a width of approximately 13.86 feet. Alley located in Heintzman's Addition and Klingel's Subdivision of Heintzman's Addition to the City of South Bend. Also, West Grandview Avenue from the east right-of-way line of North Cottage Grove Avenue to the southwest right-of-way line of Lincoln Way West (U.S. 20) for a distance of approximately 249.7 feet and a width of approximately 62 feet; part located in Heintzman's Addition and Bank Out Lot 130 in the City of South Bend, Indiana. It was noted that the Board is in receipt of recommendations from various City departments and bureaus. The Police, Fire and Legal Department had no objections to the proposed vacation. However, the Engineering Department recommended denial of the vacation and the Area Plan Commission recommended that no dead-end streets or alleys be created unless a sufficient turnaround or easement is provided to allow vehicles to exit this alley without having to back out. The Department of Community and Economic Development advised that they recommend approval of the vacation of Grandview but recommend conditional approval of the vacation of the alley. It was noted that the Division of Sanitation has not yet provided to the Board their recommendation concerning this proposed vacation. Therefore, Mr. Caldwell made a motion that the Board's recommendation concerning this proposed vacation be tabled until the Board is in receipt of the recommendation from the Division of Sanitation. Mrs. Manier seconded the motion which carried. 0,94 REGULAR MEETING JANUARY 17, 1994 RECOMMENDATION TABLED VACATION OF 1ST E 1ST N/S ALLEY W. OF NORTH OLIVE STREET AND PART OF LOT 39 IN OLIVE HEIGHTS ADDITION Mr. Leszczynski advised that the Board is Petition indicating Mr. John H. Peddycord, & Lorber, 300 North Michigan Street, South Contact Person, for the following: ALLEY N. OF L.W.W. LOT 38 & in receipt of a Vacation Esquire, May, Oberfell Bend, Indiana, as Marathon Oil Company by Mr. James L. Kitts, Manager, Marketing -Real Estate Room #1604 539 South Main Street Findley, Ohio 45840 Earl E. Garson and Rose I Garson 3033 North Maple Hill Court, Building 3 South Bend, Indiana Erin Real Estate, Inc. by Mr. Jerome P. Iraele, President 2239 Topswood Lane South Bend, Indiana to vacate the following property: The first east/west alley north of Lincolnway West Street, running west from the west right-of-way line of North Olive Street to the East right-of-way line of the first north/south alley west of North Olive Street, for a distance of approximately one hundred twenty feet (120') and a width of approximately ten feet (101); and The first north/south alley west of North Olive Street, from the south right-of-way line of the alley described in the above paragraph hereof to the north right-of-way line of the first intersecting east/west alley (now vacated), a distance of approximately one hundred four feet (1041) and a width of approximately ten feet (101); and The west two feet (21) of Lot 38 in Olive Heights Addition to the City of South Bend, Indiana; also Beginning at the northwest corner of Lot 39 in the Olive Heights Addition to the City of South Bend, thence east along the north line of said lot two feet (21) to a point, thence south along a line two feet (21) east of and parallel to the west line of said Lot 39 a distance of seventeen feet (171) to a.point, said point being the beginning of a curve to the left, thence southeasterly following the arc of a circle to the left with a radius of twenty-five feet (251) and whose center is twenty- seven feet (271) east of the west line of said lot to a point two feet (21) north of the south line of said lot and twenty-seven feet (271) east of the west line of said lot; thence east along a line two feet (21) north of and parallel to the south line of said lot, to the - east line of said lot, thence south along said east line of lot two feet (2') to the south line of lot, thence west along said south line of lot one hundred twenty feet (1201) to the west line of lot, thence north along said west line of lot forty feet (401) to the northwest corner of said lot being the place of beginning. 1 1 1 005 REGULAR MEETING JANUARY 17, 1994 It was noted that the Board is in receipt of recommendations concerning this Vacation Petition from the Area Plan Commission, Police Department, Fire Department, Legal Department, Department of Economic Development and the Division of Engineering concerning this proposed vacation. The Police Department had no objections to the vacation. The Fire Department had no objections but advised that a dead-end alley should not be created. The Division of Engineering recommended denial of the vacation. The Area Plan Commission submitted a favorable recommendation subject to an Easement being provided to the City. The Department of Community and Economic Development submitted a conditional approval as the vacation creates a dead- end alley and an access Easement should be provided. Board Attorney Mary H. Mueller submitted to the Board her recommendation concerning this vacation as follows: 1. The vacation of the alleyways proposed leaves a long north/south alleyway with a dead end. This alleyway is allegedly used by adjacent property owners and by City services. The petition should be modified to state that the petitioners will provide a substitute dedicated right-of-way with a sufficient turning radius to allow the alleyway to exit onto either Fremont or Olive Streets. The vacation of the alleyways requested should be subject to the dedication of a substitute right-of- way and this condition should be included in the petition itself. 2. The legal description for the vacation of the first north/south alley west of Olive Street should be changed to terminate the vacation at the south right-of-way line of the first intersecting east/west alley (now vacated) as opposed to the north right-of-way line of such alley. That right-of-way will be necessary in conjunction with the newly dedicated east/west alley to allow for access to the remaining north/south alleyway. Mrs. Mueller recommended that the Board withhold action on this vacation until the appropriate amendments to the ordinance providing for the new dedication of right-of-way have been made. It is further noted that the Board has not yet received a recommendation concerning this vacation from the Division of Sanitation. Mrs. Mueller noted that the ordinance does not talk about an Easement and should it be approved as submitted, the petitioner could close the alley and create a long dead-end alley. Therefore, Mrs. Manier made a motion that the Board table submitting a recommendation to the Common Council concerning this vacation and instruct the Board Attorney to contact the Petitioner with the above concerns. Mr. Caldwell seconded the motion which carried. RESCISSION OF RESOLUTION NO. 38-1993 - TRANSFER OF CITY -OWNED PROPERTY - TABLED In a letter to the Board, Police Chief Ronald G. Marciniak requested that the Board rescind its Resolution No. 38-1993 which assigned police mechanicals #679 and #701 to the St. Joseph County for use by the St. Joseph County Civil Defense Police. Chief Marciniak noted that based on discussions with the Director of Civil Defense and the City Attorney's office, mechanicals #679 and #701 will be reassigned to the police vehicle fleet and will be maintained by the Police Department. These vehicles will continue to be used by the St. Joseph County Civil Defense REGULAR MEETING JANUARY 17, 1994 Police to augment the services provided by the South Bend Police Department. Board members raised questions regarding the City's liability when these vehicles are being driven by Civil Defense Officers. Board Attorney Mrs. Mueller noted that Board of Public Safety Attorney Thomas Bodnar is working on this issue at this time. Therefore, Mrs. Caldell made a motion that this matter be tabled at this time. Mrs. Manier seconded the motion which carried. REJECT BIDS - COLLEGE FOOTBALL HALL OF FAME PROJECT Board Attorney Mary H. Mueller informed members of the Board that she reviewed the ninety-two (92) bids for construction of various portions of the College Football Hall of Fame Project which were opened by the Board on January 6, 1994. All bids were found to be acceptable as to legality and form except for the following: Division 5.10 - Structural Steel A bid from Builder's Iron Works, Inc., 1724 South Main Street, South Bend, Indiana, was rejected for failure to provide a properly executed bid bond. Division 7.10 - Waterproofing A bid from Slatile Roofing & Sheet Metal Company, Inc., 1703 South Ironwood Drive, South Bend, Indiana, was rejected for failure to provide a properly executed bid bond. Division 7.50 - Roofing and Architectural Sheet Metal A bid from Slatile Roofing & Sheet Metal Company, Inc., 1703 South Ironwood Drive, South Bend, Indiana, was rejected for failure to provide a properly executed bid bond. Additionally, Mrs. Mueller noted that several unresponsive bids were received from suppliers and materialmen who misunderstood what was requested by the bid documents. Each of the bids listed below were not made on the proper forms, did not include proper bid security and did not provide a complete bid for any of the twenty (20) divisions advertised by the Board of Public Works. Therefore, the bids listed below have been rejected as unresponsive: PAC BUILDING PRODUCTS CORPORATION P.O. Box 42919 Evergreen Park, Illinois 60642 BYMOCO METAL FABRICATORS, INC. P.O. Box 170009 Birmingham, Alabama 35217-0009 KADEE INDUSTRIES, INC. 160 Northfield Road Bedford, Ohio 44146 IPC DOOR AND WALL PROTECTION SYSTEMS S 80 W 18766 Apollo Drive P.O. Box 406 Muskego, WI 53150 Therefore, Mrs. Manier made a motion that the recommendation of the Board attorney be accepted and the bids, as outlined above, be rejected. Mr. Caldwell seconded the motion which carried. REQUEST TO OCCUPY PUBLIC RIGHT-OF-WAY - EGENOLF CONTRACTING AND RIGGING, INC. - REFERRED Mr. Michael Taylor, Egenolf Contracting and Rigging, Inc., 2916 Bluff Road, Indianapolis, Indiana, advised the Board that they 1 0057 REGULAR MEETING JANUARY 17, 1994 will be installing a printing press at the South Bend Tribune. They will be going through the north side of the building where a gantry will be erected in order to move the equipment and machinery inside. Therefore, they are requesting permission to close the sidewalk north of the South Bend Tribune from Lafayette Boulevard east to the Tribune entrance. The project is expected to run from January to the end of March. Mr. Taylor submitted with the request a diagram of the area to be closed. Mr. Caldwell made a motion that this request be referred to the appropriate City departments and bureaus for review and recommendation. Mrs. Manier seconded the motion which carried. APPROVE TITLE SHEETS: - IRONWOOD DRIVE PHASE 1 - OAKWOOD VILLAS (SEWER/WATER,STREET) Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the above referred to Title Sheets were approved and signed. FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORTS Mr. Leszczynski advised that the Department of Code Enforcement has submitted two (2) lists containing twenty-seven (27) City owned and miscellaneous properties which were cleaned by the Department from December 27, 1993 to January 5, 1994. Mr." Leszczynski made a motion that the lists as submitted be accepted for filing. Mrs. Manier seconded the motion which carried. FILING OF CERTIFICATE OF INSURANCE Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, a Certificate of Insurance for Hochstetler Plumbing and Heating, Inc., P.O. Box 908, Elkhart, Indiana, was accepted for filing. APPROVE RELEASE OF CONTRACTORS BOND Mr. Larry D. Spradlin, Sr., Division of Engineering, recommended that the Board release the Bond of Contractor for Curtis R. Stone, d/b/a Kangaroo Construction, 306 North Coquillard, South Bend, Indiana, effective January 17, 1994. Mr. Leszczynski made a motion that the recommendation be accepted and the bond be released. Mrs. Manier seconded the motion which carried. APPROVE CLAIMS Mr. Kevin Horton, City Controller, submitted claims in the amount of $564,095.71 and recommended approval. Additionally, Mr. Juan Manigault, Executive Director, WDS of Northern Indiana, submitted two (2) lists containing claims in the amounts of $79,413.37 and $339,696.46 and recommended approval. Mr. Leszczynski made a motion that the claims be approved and the reports as submitted be filed. Mr. Caldwell seconded the motion which carried. PRIVILEGE OF THE FLOOR COMMENTS CONCERNING PLOWING SNOW INTO THE PUBLIC RIGHT-OF-WAY Mr. Leszczynski advised that some snow removal operations are pushing snow into the public right-of-way which includes streets and alleys. Effective today those individuals caught plowing snow into the streets and alleys will be fined twenty-five dollars ($25.00) and the snow will be placed back on the private property. Mr. Leszczynski asked the media for their support in getting this message to the public that snow is not to be pushed or shoveled into the public right-of-way. U58 05 REGULAR MEETING JANUARY 17, 1994 Mr. Tom Howell, Reporter, U93 Radio, inquired of Mr. Leszczynski what tips homeowners should follow during period of subzero weather and inquired what the Water Works will provide as far as assistance. Mr. Leszczynski indicated that the care of frozen pipes is the property owners responsibility. However, Mr. Leszczynski stated that homeowners should leave their water running at a trickle at their farthest faucet in order for the water to circulate through the house. Further, if residents have a crawl space, it would be a good idea to keep the entrance to the crawl space open during the coldest weather. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Leszczynski, seconded by Mr. Caldwell and carried, the meeting adjourned at 9:50 a.m. BOARD OF PUBLIC WORKS • 4ames44;;._ ,=enny - - a andra M. Pafmerlee, Clerk 1�1