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HomeMy WebLinkAbout04/22/86 Board of Public Works Minutes125 REGULAR MEETING APRIL 22, 1986 The regular meeting of the Board of Public Works was convened at 9:35 a.m. on Tuesday, April 22, 1986, by President John E. Leszczynski, with Mr. Leszczynski, Ms. Katherine G. Barnard and Mr. Michael L. Vance present. Also present was Chief Deputy City Attorney Thomas Bodnar. AGENDA ITEM ADDED Upon a motion made by Mr. Vance, seconded by Ms. Barnard and carried, Change Order No. 2 (Final) and Project Completion Affidavit for the Parking Lot Walkways and Planters Project was added to the agenda. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Ms. Barnard, seconded by Mr. Vance, and carried, the minutes of the April 15, 1986, regular meeting of the Board were approved. OPENING OF BIDS - COVELESKI REGIONAL STADIUM EXCAVATION PROJECT This was the date set for receiving and opening of sealed bids for the above referred to project. 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: RIETH-RILEY CONSTRUCTION CO., INC. BID: $549,980.00 P.O. Box 1775 South Bend, Indiana 46634 Bid was signed by R. L. McCormick, Area Manager, Non -Collusion Affidavit was in order and a 5% Bid Bond was submitted. LA FREE EXCAVATING, INC. BID: $289,100.00 11252 West Third Street Osceola, Indiana 46561 Bid was signed by Richard LaFree, President and Louise M. Bartol, Secretary, Non -Collusion Affidavit was in order and a 5% Bid Bond was received. The LaFree bid further stated that the base bid allows three (3) months of sheet piling rental after excavation is complete. If foundation contractor requires additional time, LaFree Excavating shall be reimbursed for additional monthly rentals. WARNER & SONS, INC. BID: $268,564.50 P.O. Box 87 Elkhart, Indiana 46515 Bid was signed by Jack Warner, President and Robert Wagner, Secretary/Treasurer, Non -Collusion Affidavit was in order and a 5% Bid Bond was submitted. RITSCHARD BROS., INC. BID: $314,500.00 1204 West Sample Street South Bend, Indiana Bid was signed by Carmelo Ritschard, President and Donald Ritschard, Secretary, Non -Collusion Affidavit was in order and a 5% Bid Bond was submitted. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the above bids were referred to the Engineering Department for review and recommendation. 126 REGULAR MEETING APRIL 22, 1986 PUBLIC HEARING AND FAVORABLE RECOMMENDATION: N/S RIGHT-OF-WAY BOUNDED BY JEFFERSON BLVD. ON THE NO. THE R.O.W. OF THE GRAND TRUNK WESTERN RAILROAD ON THE S, BEING THE SAME 33-FOOT R.O.W. RUNNING ALONG THE ENTIRE EASTERN BOUNDARY OF FERNWOOD ADDITION; AND E/W STREET KNOWN AS SUNNYMEDE AVE. IN FERNWOOD ADDITION Mr. Leszczynski advised that this was the date set for the Board's Public Hearing on the proposed vacation of the north/south right-of-way bounded by Jefferson Boulevard on the north and the right-of-way of the Grand Trunk Western Railroad Company on the south, being the same 33-foot right-of-way running along the entire eastern boundary of Fernwood Addition to the City of South Bend, as shown on the Plat thereof, recorded July 12, 1945, in Plat Book 15, Page F in the Office of the Recorder of St. Joseph County, Indiana, AND the east/west street known as Sunnymede Avenue in Fernwood Addition to the City of South Bend. It was noted that this Public Hearing is being held in order for the Board to submit a recommendation to the Common Council concerning the Vacation Petition filed by Attorney John B. Ford, Jones, Obenchain, Ford, Pankow, & Lewis, 1800 Valley American Bank Building, P.O. Box 4577, South Bend, Indiana, on behalf of the Petitioning Property Owners, Holy Cross Health System Corporation, 3606 East Jefferson Boulevard, South Bend, Indiana, Louann Becker, 430 35th Street, South Bend, Indiana, and Tamara L. Mason, 3503 Sunnymede, South Bend, Indiana. It was further noted that pursuant to South Bend Municipal Code Section 18-53.8, owners whose property abut the proposed alley to be vacated were notified of the Board's Public Hearing date. Mr. John B. Ford, Attorney at Law, Jones, Obenchain, Ford, Pankow, & Lewis, 1800 Valley American Bank Building, P.O. Box 4577, South Bend, Indiana, on behalf of the petitioning property owners was present and addressed the Board. Mr. Ford advised that the vacation of the above referred to property is requested in connection with the expansion of the offices of Holy Cross Health Systems at 3606 East Jefferson Boulevard. He further advised that the property acquired through the vacation will be utilized to meet parking requirements as required under the City ordinance due to the increased space and number of employees. Mr. Ford stated that the portion of Sunnymede Street that is requested to be vacated has never been improved and runs for one-half (1/2) block and stops. There being no one else present wishing to speak either for or against the proposed vacation, and no written objections having been filed with the Board, upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the Public Hearing on this matter was closed. Mr. Leszczynski asked Mr. Ford if he was aware of the fact that should the above referred to property be vacated, the property would revert to the property owners in the Fernwood Addition. Mr. Ford advised that he was aware of that fact and that he has been negotiating with attorneys for those property owners in obtaining an easement for the property required by Holy Cross Health Systems. Upon a motion made by Ms. Barnard, seconded by Mr. Vance and carried, the Clerk was instructed to forward to the Common Council a favorable recommendation on the above referred to vacations subject to any and all utility easements. PUBLIC HEARING - RIVERSIDE DRIVE/RIVERSIDE PLACE SANITARY SEWER PROJECT Mr. Leszczynski advised that this was the date set for the Board's Public Hearing on the Riverside Drive/Riverside Place Sanitary Sewer Project. He further advisees that a decision will not be made by the Board at this time and they will take at least 1 1 1 REGULAR MEETING APRIL 22, 1986 one (1) week to review facts presented today and any other information that may come -in in the meantime and will evaluate this matter based on that information. Mr. Wayne Werts, 1889 Riverside Drive, South Bend, Indiana, was present and addressed the Board. He inquired of Mr. Leszczynski whether his memorandum addressed to the Common Council dated April 19, 1986, would be among the items the Board was going to review. Mr. Leszczynski advised him that it would be considered. Mr. Werts stated on Friday, April 18, 1986, the Common Council received an answer from the County Health Officer in response to their request for an explanation in writing for the project mandate. Mr. Werts further stated that he met with the County Health Officer on April 18, 1986 and was given a copy of the letter. Because of that report, Mr. Werts prepared a Memorandum dated April 19, 1986, which was given to all Common Council members. Mr. Werts began his presentation by making reference to his April 19, 1986, Memorandum to the South Bend City Council. He advised that in his Memorandum he asks that the South Bend City Council urge the Board of Public Works to NOT proceed with the project in the face of information contained herein with planned distribution to appropriate officials and agencies and that action should not be continued on the project in view of information supplied and indicated to be available which applies to this situation. He further cited that NO pollution has ever been proven in the area and is exceedingly unlikely considering the geography and technical information available from government supported programs and studies. The effectiveness of soil recycling of the water supply has been demonstrated and proven repeatedly and has been working properly in our area for thirty (30) to forty (40) years. Data can be supplied to support this contention. Further, failure to acknowledge and consider alternative system possibilities should be grounds for asserting incompetence, irresponsibility and lack of qualifications for the persons in the jobs responsible for continuation of the project which provides increasing pollution, damage to the environment and waste of public funds unnecessarily. Mr. David Canfield, 1891 Riverside Drive, South Bend, Indiana, addressed the Board and stated that he hopes that if it ever reaches a point where the residents think some action has to be taken in their neighborhood, that the feelings of the vast majority of the residents which is that there is no accrued benefit to them because they do not need a sewer and do not want a sewer be considered. It is hoped that if there ever is a problem in the area that other than gravity sewers be considered. He stated that there have been instances experienced with gravity sewers where pollution in its best form has come up into basements. He stated that he hopes the residents of Riverside Drive/Riverside Place would not be subjected to something like this since they are at a great risk being at a very low point in the City. Further, the residents would like to think that if there is a disagreement as to how things really exist in the neighborhood that they be thoroughly researched keeping emotions and personalities out of the situation, and just trying to come up with whatever is the best solution. Mr. Joseph Klebosits, 1905 Riverside Drive, South Bend, Indiana, thanked the Board for taking additional time to review this matter. He stated that when he built in the area thirty (30) years ago he asked for sewers and water but was told the City did not intend to come into the area and the septic systems would stand. He advised that he would like to state that because of one property owner who did not take care and maintain his system the rest of the residents are mandated to put in the sewers. He further stated that the Common Council has been very sympathetic 12 REGULAR MEETING APRIL 22, 1986 and are trying to do what they can for the residents and he hopes the Board will continue to look into this matter. He advised that the County Health Officer is more adamant in that he is going under the supposition of the previous county heath officer, and as Mr. Werts stated, he never looked into all the facets of the matter. Mr. Klebosits stated that he hopes this matter can be resolved without the installation of sewers. Mr. Herman Hoffman, South Bend Community School Corporation, 635 South Main Street, South Bend, Indiana, was present and addressed the Board. He stated that the Notice of Public Hearing the SBCSC received was the first he knew of the matter. Mr. Leszczynski advised him that'the Board would provide to him any information that was relevant to this matter for his review as the SBCSC is an affected property owner in this matter. Mr. Joseph Guenert, 3510 Corby Blvd., South Bend, Indiana, addressed the Board. Mr. Guenert inquired how many other areas exist in the City that are not connected to sanitary sewers. In response, Mr. Leszczynski advised that approximately two or three. Further, in response to Mr. Guenert's inquiry if the City had plans to pursue the installation of sewers in those areas, Mr. Leszczynski advised that the City has no plans at this time. Also, in response to a question from Mr. Guenert, Mr. Leszczynski advised that property owners can request the installation of sewers or in the case of the Riverside Drive Sanitary Sewer Project, the County Health Officer can mandate the installation. Mr. Werts added that should the work continue, the residents opposed to the installation would have no choice but to file suit for declaratory relief and seek rescission of the County Health Officer's mandate. There being no one else present wishing to speak either for or against the Riverside Drive/Riverside Sewer Project, upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the Public Hearing on this matter was closed. APPROVE RELEASE OF MECHANIC'S LIEN In a letter to the Board, Mr. Jon R. Hunt, Executive Director, Department of Redevelopment, requested that the Board release a Mechanic's Lien on Parcel C17-3 in the South Bend Central Development Area. He advised that the Redevelopment Commission acquired this parcel of land from the Sweet Home Baptist Church of South Bend, Indiana, on April 1, 1986. The lien is a judgment against Sweet Home Baptist Church in favor of the City of South Bend, in the amount of $1,300.00 rendered on May 14, 1979. The title policy to the property and the pertinent foreclosure documents were submitted with the request. Upon a motion made by Mr. Vance, seconded by Ms. Barnard and carried, the request was approved and the lien waived and released. APPROVE AMENDMENT TO CONTRACT - PETER PIRSCH & SONS (FIRE DEPARTMENT PUMPER) Assistant Fire Chief Dan Miroca was present and advised the Board that Peter Pirsch & Sons Company, to whom a bid was awarded on February 19, 1985 in the amount of $102,928.93 for one fire pumper, has offered to substitute the Waterous Pump previously listed in bid specifications with a Hale Pump. Additionally, in return for the inconvenience and delay to the City in receiving the fire apparatus, Peter Pirsch will install a hosebed on a Quint 10 estimated at approximately $2,000.00 to $3,000.00. Chief Mirocha stated that the apparatus was received on April 21, 1986, which is seventy-four (74) days after the ninety (90) days allotted for the delivery of the apparatus after the pump had been received by Peter Pirsch. In order not to pursue the $20.00 per day late charge the Department has agreed to accept the Hale LJ 1 REGULAR MEETING APRIL 22, 1986 1 Joseph County Democratic Central Committ Bend, Indiana, requested permission to u buildings for voting purposes on Primary 1986: Pump and the installation of a hosebed. When asked if the hosebed installation in the amount of $2,000.00 to $3,000.00 was substantially less than what it would cost if purchased outright, Chief Mirocha answered that it was. Additionally, in response to Mr. Vance's inquiry regarding whether the cost would at least be equivalent to the late charges, Chief Mirocha stated that it would be at least equivalent and the cost of the hosebed could be more than the late charge. Therefore, upon a motion made by Mr. Vance, seconded by Ms. Barnard and carried, the amendment to the Peter Pirsch & Sons Company was approved and accepted. APPROVE CHANGE ORDER NO. 2 (FINAL) AND PROJECT COMPLETION AFFIDAVIT -PARKING LOT WALKWAYS AND PLANTERS PROJECT Mr. Leszczynski advised that Ziolkowski Construction, Inc., 1005 South Lafayette Boulevard, South Bend, Indiana, has submitted Change Order No. 2 (Final) indicating that the Contract amount be increased by $239.00 for a new Contract sum including this Change Order in the amount of $33,924.00. Mr. Leszczynski advised that the original contract amount was $47,890.00 so overall there is a decrease of approximately $14,000.00 from the original Contract for this project. Additionally submitted was the Project Completion Affidavit indicating this new final cost. Upon a motion made by Ms. Barnard, seconded by Mr. Leszczynski and carried, Change Order No. 2 (Final) and the Project Completion Affidavit were approved subject to the filing of the appropriate three-year Maintenance Bond. kowski, Chairman, St. ee, P.O. Box 1375, South se the following public Election Day, May 6, Fire Station # 2 110 E. Marion Fire Station # 3 1805 McKinley Avenue Fire Station # 5 2221 Prairie Avenue Fire Station # 6 4302 Western Avenue Fire Station # 7 1616 Portage Fire Station # 9 2520 Mishawaka Ave. Fire Station #10 308 Ireland Road Potawatomi Greenhouse 2105 Mishawaka Avenue Pinhook Pavillion 2801 Riverside Drive Upon a motion made by Ms. Barnard, seconded by Mr. Leszczynski and carried, the above request was approved. REQUEST OF RIVER PARK TELEVISION TO PLACE DUMPSTER ON PUBLIC RIGHT-OF-WAY REFERRED In a letter to the Board, Mr. Richard S. Cook, requested permission to permanently place a dumpster on the public right-of-way at 3030 Mishawaka Avenue. Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the request was referred to the Bureau of Traffic and Lighting, Police Department Traffic Division and the Department of Code Enforcement for review and recommendation. APPROVE REQUEST OF EAGLES CLUB FOR NO PARKING SIGNS--APRIL 30. 1986 In a letter to the Board, Mr. Stephen J. Nemeth, Secretary, Fraternal Order of Eagles, South Bend Aerie No. 435, 321 North Michigan Street, South Bend, Indiana, requested no parking signs in front of their building at 321 North Michigan Street from 3:00 p.m. to 8:00 p.m. on April 30, 1986, as they will be having a REGULAR MEETING APRIL 22, 1986 special event at their building. Mr. Leszczynski advised that the Bureau of Traffic and Lighting and the Police Department Traffic Division have reviewed this request and recommend approval. Therefore, upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the recommendation was accepted and the request approved. APPROVE REQUEST OF MADISON SCHOOL TO CLOSE PARK LANE FOR ICE CREAM SOCIAL - MAY 16, 1986 In a letter to the Board Ms. Doris Brand, Secretary, Madison School Home School Organization, advised that Madison School will be having its annual Ice Cream Social on Friday, May 16, 1986. She is therefore requesting that Park Lane between Lafayette Boulevard and South Main Street be closed to traffic for the safety of the children attending this event. Mr. Leszczynski advised that the Bureau of Traffic and Lighting and the Police Department Traffic Division have reviewed this request and recommend approval. Therefore, upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the recommendation was accepted and the request approved. APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the following three (3) traffic control devices were approved: 1. NEW INSTALLATION, STOP SIGN - On Howard @ Twyckenham. (Uncontrolled "T") 2. REMOVAL OF 2-HOUR PARKING 6A-6P - 515 S. St. Joseph. (Requested by Holly Answering Service, Kim Wilkens). 3. NEW INSTALLATION, STOP SIGN - On Mayfair @ Summitt. (Uncontrolled "T"). APPROVE AND/OR RELEASE.CONTRACTORS AND EXCAVATION BONDS Mr. Melvin Humphrey, Engineering Department, recommended that the following Contractors and Excavation Bonds be approved and released: CONTRACTORS BONDS - Thomas G. Podell Approved Effective: 4/16/86 - Martin Bros. Contracting, Inc. Approved Effective: 4/22/86 EXCAVATION BONDS - MFP, Inc. Released Effective: 5/14/86 - Advanced Asphalt Pavers, Inc. Approved Effective: 4/22/86 Upon a motion made by Mr. Vance, seconded by Ms. Barnard and carried, the recommendations were accepted and the above referred to Contractors and Excavation Bonds were approved and/or released. APPROVE HANDICAPPED PARKING PERMIT Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the following one (1) handicapped parking permit application was approved and referred to the Deputy Controller's office for issuance of a permit: 1. A.J. Davis, 509 S. Falcon St., S.B. L_j 1 @31 REGULAR MEETING APRIL 22. 1986 FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORT A report from the Department of Code Enforcement indicating a total of ninety-nine (99) properties cleaned from April 11, 1986 to April 17, 1986, was submitted. Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the report as submitted was filed. FILING OF CERTIFICATE OF INSURANCE Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the Certificate of Insurance for D & M Excavating, Inc., P.O. Box 77, Otis, Indiana, was accepted and filed. APPROVE CLAIMS Mr. John W. Ferguson, Executive Director, St. Joseph County Job Training Program submitted a list containing one -hundred four (104) claims and recommended approval. Additionally, Deputy City Controller Carol M. Sanders submitted Claim Docket No. 008202 through Claim Docket No. 008929 and recommended approval. Upon a motion made by Mr. Vance, seconded by Ms. Barnard and carried, the claims were approved and the reports as submitted were filed. PRIVILEGE OF THE FLOOR QUESTIONS AND CONCERNS REGARDING OPENING OF BIDS FOR COVELESKI REGIONAL STADIUM EXCAVATION PROJECT Mr. Joseph Guentert, 3510 Corby Boulevard, South Bend, Indiana, was present and inquired of the Board how much was spent for the preparation of the specifications for the above referred to project. Mr. Guentert was advised that that figure was not available and that the consultant for this project is Hellmuth, Obata & Kassabaum, Inc. in Kansas City, Missouri using Cole Associates in South Bend. Mr. Guenert was advised to contact the Board of Park Commissioners as they have all pertinent and up-to-date documents regarding this project. Mr. Vance stated that this project is part of a redevelopment area and part of a redevelopment project. Mr. Guentert advised that it is his opinion that the City is premature in its opening of bids for this project. Mr. Guentert stated that it is anticipated that the State Board of Tax Commissioners will respond within the next sixty (60) days regarding this project. Should their response be in favor of the expenditure of funds and their approval of the lease purchase plan for this project, it is anticipated that a law suit will be filed within thirty (30) days after that decision, with said lawsuit holding up the project indefinitely. QUESTIONS AND CONCERNS REGARDING STREET LIGHTING ON HILLCREST Mr. Fred Mutzl, 320 Parkovash, South Bend, Indiana, was present and advised the Board that the street lights on Hillcrest for approximately three (3) block are on during the daytime. Mr. Leszczynski advised Mr. Mutzl that the City pays per month per light fixture and does not pay when the lights are on in the daytime. He further thanked Mr. Mutzl for bringing this matter to the Board's attention and advised him that Indiana & Michigan will be notified of the problem. CONCERNS REGARDING FALLEN LEAVES Mr. Fred Mutzl, 320 Parkovash, South Bend, Indiana, advised the Board that he recently communicated with the Department of Code Enforcement regarding the property next door to his at 320 Parkovash and the fact that the residents do not rake their leaves thus causing the leaves to blow into his yard. He further 132 REGUALR MEETING APRIL 22. 1986 advised that the Department of Code Enforcement left a Notice for the absent neighbor with another neighbor for delivery and that the Notice indicated that the property had limbs down. Mr. Mutzl complained about the Department of Code Enforcement not personally delivering the Notice and the fact that the Notice was for limbs down and not for the numerous leaves that have not been raked. Ms. Barnard advised Mr. Mutzl that the Department of Code Enforcement typically notifies the property owner in writing of any violations that may exist. She further advised him that there is no code violation regarding fallen leaves. Mr. Leszczynski advised Mr. Mutzl that in the future he should contact Ms. Barnard and her Department as soon as the incident occurs so prompt follow-up can take place. QUESTIONS AND CONCERNS REGARDING RESTRICTIONS FOR RIVER FISHING Mr. Floyd Carter, 1619 Fassnacht, South Bend, Indiana, was present and inquired of the Board if there were any restrictions for river fishing. Mr. Leszczynski advised Mr. Carter that he should contact the Park Department as they are the Department heading -up that project. Mr. Carter further inquired of the ownership of land along the East Race. Mr. Leszczynski advised him to contact the Engineering Department in order that he may view a plat of the area and be advised of appropriate ownership. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the meeting adjourned at 10:24 a.m. J/.W X f Katherine G. Barnard Michael L. Vance ATTEST: Sandra M. Parmerlee, Clerk I Ll r, J