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HomeMy WebLinkAbout10/18/82 Board of Public Works Minutes1 REGULAR MEETING OCTOBER 18, 1982 The regular meeting of the Board of Public Works was convened at 9:30 a.m., on Monday, October.18, 1982, by President John E. Leszczynski, with Mr. Leszczynski and Mr. Richard L. Hill present. Also present was Assistant City Attorney Carolyn Pfotenhauer. AGENDA ITEM ADDED Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, recoimLiendations for the installation of certain traffic control devices were added to the agenda following the request to conduct an art fair on River Bend Plaza. MINUTES OF PREVIOUS MEETINGS APPROVED Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the minutes of the regular meeting of October 11, 1982, and the special meeting of October 14, 1982, were approved as submitted. OPENING'OF BIDS AND BID AWARD - LINDSEY STREET IMPROVEMENTS This was the date set for receiving sealed bids for the Lindsey Street Improvements 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: McIntyre & Jones Construction Bid was signed by Kenneth A. 2526 West 6th Street McIntyre, non -collusion affidavit Mishawaka, Ind. 46544 was in order, and a 5% bid bond was submitted. $ 97,496.90 Walsh & Kelly, Inc. 24358 State Road 23 Bid was signed by Thomas 0. Walsh, non -collusion affidavit was in South Bend, Ind. 46614 order, and a 5% bid bond was submitted. $104,349.00 Rieth-Riley Construction Co. Bid was signed by Richard D. P. 0. Box 1775 Ruhlman, non -collusion affidavit South Bend, Ind. 46634 was in order, and a 5% bid bond was submitted. $109,624.65 Mr. Leszczynski advised that a bid had been received from Batteast Construction Company, Inc., but the bid had been received after the legally -advertised bid deadline. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the bid of Batteast Construction was rejected because it was received after the 9:30 a.m. bid deadline. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above bids were referred to the Engineering Department for immediate review and recommendation in order that an award could be made prior to adjournment of the meeting. Following that review, Mr. Neil Shanahan, Manager of the Bureau of Public Con- struction, recommended -the Board award the low bid of McIntyre & Jones. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the low bid of McIntyre & Jones Construction in the amount of $97,496.90 was awarded. OPENING OF BIDS AND BID AWARDS - SALE OF ABANDONED VEHICLES This was the date set for receiving and opening sealed bids for the sale of approximately 12 abandoned vehicles, 9 of which are valued at over $100.00 and all of which have been stored at the Hurwich Impoundment Lot, 1610 Circle Avenue. 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: REGULAR MEETING OCTOBER 18. 1982 Steve & Gene's Hurwich Iron Rubin's Auto Parts Stephen D. Cook 3109 S. Gertrude 1610 Circle 23921 Western 63689 U.S. 31 S. Vehicle No. South Bend, Ind. South Bend,,Ind. South Bend, Ind. South Bend, Ind. 1 $15.75 $16.25 $ -- $50.00 2 20.75 17.50 -- -- 3 21.75 17.50 -- -- 4 18.75 17.50 -- -- 5 8.75 17.50 -- -- 6 21.75 17.50 -- -- 7 4.75 17.00 -- -- 8 18.75 17.50 66.78 -- 9 21.75 17.50 66.78 25.00 10 75.75 17.50 66.78 -- 11 -- 5.00 -- -- 12 21.75 17.50 -- -- Mr. Leszczynski noted that Metal Resources had returned the bid proposal form and had declined bidding at this time. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above bids were referred to the Neighborhood Code Enforcement Office for immediate review and recommendation in order that an award could be made prior to adjournment of the meeting. Following that review, upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the following bids were awarded: Stephen Cook Steve & Gene's - Vehicle No. l - Vehicle No. 2 3 4 6 10 12 Rubin's Auto Parts - Vehicle No. 8 9 Hurwich Iron - Vehicle No. 5 7 11 $ 50.00 $ 20.75 21.75 18.75 21.75 75.75 21.75 80.50 $ 66.78 66.78 .� 33 3 . $ 17.50 17.00 5.00 39.50 TOTAL: $403.56 APPROVE CONTRACT - CALVERT STREET REPAIRS (WALSH & KELLY, INC. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, a contract with Walsh & Kelly, Inc., the low bidder on the Calvert Street Repairs Project, which bid was awarded on October 11, 1982, in the amount of $92,976.75, was approved, subject to the filing of the appropriate Performance Bond and Labor and Materials Payment Bond. APPROVE CHA14GE ORDER NO. 1 - MONROE / S101PLE REDEVELOPMENT PHASE I (ZIOLKOWSKI CONSTRUCTION) Change Order No. 1 in the amount of an increase of $14,942.50 was submitted by Ziolkowski Construction on the Monroe/Sample Redevelop- ment Phase I Project. Mr. Leszczynski stated that the change order was necessary because of concrete pavement radius work and other items not anticipated when the contract was let. He advised that the revised contract cost, including the above change order, was $98,973.00. Upon a motion made.by Mr. Leszczynski, seconded by Mr. Hill and carried, the above change order was approved. 1 1 4] REGULAR MEETING OCTOBER 18, 1982 APPROVE CHANGE ORDER NO. 1 (FINAL)AND PROJECT COMPLETION AFFIDAVIT - CONCRETE PAVEMENT REPAIRS PROJECT (ZIOLKOWSKI CONSTRUCTION) Change Order No. 1 (Final) in the amount of an increase of $41,973.00 was submitted by Ziolkowski Construction on the Concrete Pavement REpairs Project.for 1982. Mr. Leszczynski advised that he had anticiapted a large increase in the contract cost on the project simply because of the type of spot repairs being done under the contract, and that additional money had been allowed in the budget. Also submitted was the Project Completion Affidavit, indicating a total cost of the contract in the amount of $258,799.43, with the maintenance period to run to October 18, 1985. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above Change Order No. l (Final) and the Project Completion Affidavit was approved, subject to the filing of a three-year Maintenance Bond. APPROVE COMPUTER SERVICES CONTRACT - SOUTH BEND COMMUNITY SCHOOL CORP. Mr. Leszczynski stated that a,contract between the city and the South Bend Community School Corporation for data processing services in accordance with the bid awarded to the School"Corpora- tion on March 22, 1982, had been reviewed by the Legal Department and was being submitted to the Board for execution. He stated that the contract provided the following one-time and on -going processing costs for an initial period of 60 months with automatic renewal periods of 12 months each until terminated: General Ledger/Budgetary System One-time cost - $21,000.00 On -Going costs - $.08 per account per month Purchase Orders/Accounts Payable System On -Going costs- $.40/check $.40/purchase order processed Payroll/Personnel System One-time cost - $21,000.00 On -Going costs - $.50/check Licensing System One-time cost - $3,000.00 On -Going costs - $.75 per license per year Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above contract was approved. APPROVE COMMUNITY DEVELOPMENT GUIDELINES FOR MORTGAGE SUBSIDY PROGRAM (TOWER FEDERAL SAVINGS & LOAN) Mrs. Janet Holston of the Community Development staff requested Board approval of the revised guidelines for the Mortgage Subsidy Program with Tower Federal Savings & Loan Association which contract was approved by the Board on September 27, 1982. She explained that the original guidelines were subsequently revised to clarify language concerning refinancing by land contract owners only and to stipulate that all homes meet city code standards rather than FHA standards which are somewhat less restrictive. Upon a motion made by Mr. Hill, seconded by Mr. Leszczynski and carried, the above guidelines were approved. APPROVE ADDENDUM NO. 3 TO COMMUNITY DEVELOPMENT CONTRACT (HOPE RESCUE MISSION) Mrs. Beth Leonard of the Community Development staff requested Board approval of Addendum No. 3 to a previously -approved contract with the Hope Rescue Mission for the Multi -Family Rehabilitation Program. She explained that the addendum provided for an increase in the contract of $1,700.00 to accommodate additional roof and bathroom repairs. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the,above Addendum No. 3 was approved. REGULAR MEETING OCTOBER 18, 1982 PUBLIC HEAPING - RESTAURANT LICENSE REVOCATION (GENE'S RESTAURANT) Mrs. Eugenia Schwartz, Assistant City Attorney, advised the Board that it was being requested to conduct a public hearing at this time to consider the revocation of the restaurant license issued to Mr. Eugene L. Harmon, operator of Gene's Restaurant, 1212 North Bendix Drive, because of his failure to comply with certain fire code requirements. She stated that specifically, the fire code required an automatic fire extinguishing system over all grills and deep fry pits. She advised that the restaurant had been inspected a number of times in the past by the Fire Department and, as of an inspection on September 15, 1982, the hood and duct system had not been installed. Mr. Gene Harmon, operator of the restaurant, appeared before the Board and explained that he was in the process of having the system installed. He advised that he was leasing the building and the owner of the facility was presently in the hospital. Mr. Hill asked how long Mr. Harmon had known about the need to install the system. Mrs. Schwartz referred to copies of correspondence in the Legal Department's file which indicated that Mr. Harmon had been advised of the problem December 31, 1981. A follow-up letter had been sent to him on Janaury 5, 1982. In addition, a recommendation from the State Fire Marshall's Office had been dated June 11, 1981., Subsequent letters had been sent to Mr. Harmon on June 9, 1982 and August 30, 1_982, concerning his non-compliance. Mr. Hill stated that a substantial period of time has elapsed and Mr. Harmon had shown no willingness to comply with fire code requirements. Mr.. Harmon stated that he had recently been discharged from a hospital after undergoing open-heart surgery, during which time his wife had tried to operate the business. Mr. Hill stated that the Board was aware that the restaurant owners would incure considerable expense in complying with this particular requirement and that it appeared all other restaurant owners had done so and were in compliance. He wondered when Mr. Harmon expected the installation of the system would be completed. Mr. Harmon again stated that the owner of the building was presently hospitalized in Chicago, and the installation of the system would involve a new lease. He was hopeful the system could be installed by the first of the year. Mrs. Schwartz advised the Board that all restaurants were given an extension to the middle of this past summer to comply since there was considerable expense.involved, and Mr. Harmon had still not yet complied despite several notifications to him to do so. She emphasized that there was a fire hazard involved. Mr. Hill advised Mr. Harmon that the Board was aware that the fire code requirement posed a financial burden on the restaurant owners and for that reason the compliance date was delayed; however, Mr. Harmon still had not complied. Mr. Harmon stated that his restaurant was equipped with all other fire extinguishing equip- ment as required and he had never had a fire in the restaurant. Mr. Hill felt that a period of 30 days should be sufficient time for Mr. Harmon to have the equipment installed or at least be in a position to submit to the Board an executed contract for the work. He felt that time period would be reasonable in view of the extensive period of time involved since Mr. Harmon had been notified of the requirement. He reminded !-It. Harmon that the city also had some liability in the matter in the event a fire occurred since it was aware of the problem and nothing had been done to correct it. Upon a motion made by Mr. Hill, seconded by Mr. Leszczynski and carried, the public hearing on the revocation of Mr. Harmon's restaurant license was continued to the November 15, 1982, meeting of the Board in order to allow him an additional period of 30 days to comply with the fire code. Per. Hill advised Mr. Harmon that, if the problem was resolved prior to that time to the satisfaction of the Fire Department, there would be no need to continue the hearing; however, if Mr. Harmon was not in compliance by that date, his attendance was required to show cause as to why he had not complied and subsequent action on the revocation of his license would then be taken. 1 1 1 REGULAR MEETING OCTOBER 18, 1982 J 1 1 FILING OF PRELIMINARY ASSESSMENT ROLL AND PLANSANDADOPTION OF IMPROVEMENT RESOLUTION,NO. 3517, 1982 (BARRETT LAW SANITARY SEWERS - SOUTH BEND AVENUE) Mr. Leszczynski advised that, in response to a request submitted for the installation of sanitary sewers on South Bend Avenue (State Road 23) which request was filed on August 2, 1982, by Cosimo Bumbaca and Roberto Parisi, the Engineering Department had prepared a preliminary assessment roll, plans and engineer's estimate for the project. It was estimated that the total cost of the project would be $123,770.90, if approved, with an amount of $61,885.46 to be paid by the city and the remainder assessed to the benefitted property owners. Upon a notion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the -above documents were filed and the following Improvement Resolution No. 3517, 1982, was adopted and set for public hearing on November 1, 1982: IMPROVEMENT RESOLUTION NO. 3517, 1982 BE IT RESOLVED, by the Board of Public Works of the City of South Bend, Indiana, that it is deemed necessary to improve the sanitary conditions along State Rd. #23 and Charles Street north of Edison Road by constructing a 10" diameter sanitary sewer in State Road #23 and Charles Street north of Edison Road. The same to be done in accordance with the profiles, drawings, general details and specifications for such improvements approved and to be adopted by the Board of Public Works of the City of South Bend, Indiana, immediately upon the final adoption and confirmation of this Resolution, and placed on file in the office of the Board of Public Works of said City, and such improvement is now ordered. The total cost of said improvement, including all incidental costs, such as advertising and engineering, shall be assessed upon the real estate abutting on said State Road #23 and Charles Street, in accordance with applicable statutes. The said improvement is to be financed and paid for as provided in I.C.-36-9-18-25. Assessments, if deferred, are to be paid with interest at the rate of ten (10) per cent per annum. The lst day of November, 1982, at the hour of 9:30 a.m.. o.'clock, Local Time, is hereby fixed as the time and the Board of Public Works Hearing Room #1308 as the place when and where all persons whose property may be affected by such proposed improvement, may be heard as to the necessity for the same, and all petitions and remon- strances received. The Board will, on said day, decide whether the benefits accruing to abutting and adjacent property, and to the City of South Bend, Indiana, will be equal to or exceed the estimated cost of said improvement. The Clerk of the Board is hereby ordered to give notice by two weekly publications of the time and place of hearing of this Resolution. Adopted October 18, 1982 ATTEST: s/ Barbara J. Byers, Clerk BOARD OF PUBLIC WORKS s/ John E. Leszczynski s/ Richard L. Hill N REGULAR MEETING OCTOBER 18, 1982 ADOPTION OF RESOLUTION NO. 25, 1982 - SALE OF CITY-01,1NED PROPERTY (303 EAST CALVERT STREET) RESOLUTION NO. 25, 1982 WHEREAS, the Board of Public Works of the City of South Bend has compiled a current detailed inventory of all real property owned by the City of South Bend; and WHEREAS, the Board of Public Works has reviewed said inventory of real property and it finds that certain of the parcels of real estate now owned by the City of South Bend are not necessary to the public use and are not set - aside by state and city laws for public purposes; and WHEREAS, the Board of Public Works now wishes to take the necessary action to make it possible for the Board, in the future, to sell said parcels of real estate pursuant to State Statutes. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend, Indiana: That the following parcel of real estate owned by the City of South Bend is not necessary to the public use and is not set aside by state or city law for public purposes: Address: Deed No. 303 East Calvert 1107 Adopted this 18th day of October, 1982. BOARD OF PUBLIC WORKS s/ John E. Leszczynski s/ Richard L. Hill ATTEST: s/ Barbara J. Byers, Clerk APPROVE INTENDED USE HEARING ON REVENUE SHARING FUNDS Chief Deputy Controller Sherrie L. Petz requested Board approval for an intended use hearing on the proposed expenditure of $90,000.00 in revenue sharing funds for Fire Department salaries. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the request was approved and a date of November 1, 1982, set for public hearing on the intended use of the revenue sharing funds. APPROVE ADVERTISING FOR BIDS - SALE OF ABANDONED VEHICLES Ms. Katherine Barnard, Director of the Neighborhood Code Enforcement Office, requested permission to advertise for the sale of approximately 9 abandoned vehicles, 4 of which were valued at over $100.00, and all of which were being stored at the Hurwich Iron Impoundment Lot, 1610 Circle Avenue. It was noted that all vehicles had been stored more than the required 30 days, identification checks had been run for auto theft, and the owners and lienholders notified. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the request was approved and a date of November 1, 1982, established for the receipt of sealed bids. I REGULAR MEETING OCTOBER 18, 1982 APPROVE USE OF PUBLIC BUILDINGS FOR ELECTION DAY PURPOSES A request was received from C. J. Pajakowski, Chairman of the St. Joseph County Democratic Central Committee, for permission to use the following public buildings for voting purposes on November 2, 1982: #2 Fire Station 110 E. Marion #1 #5 Fire Fire Station Station 1805 2221 McKinley Prairie #6 Fire Station 4302 Western #7 Fire Station 1616 Portage #9 Fire Station 2520 Mishawaka #10 Fire Station 308 W. Ireland Potawatomi Greenhouse 2105 Mishawaka Pinhook Pavilion 2801 Riverside Mr. Leszczynski noted that approval of the Potawatomi Greenhouse and Pinhook Pavilion had been given by the Park Department. Upon a motion made by Mr. Leszczynski, seconded by 1^1r, mill and carried, the request was approved. APPROVE ARTS AND CRAFT FAIR - RIVER BEND PLAZA A request from Mikki Dobski, City Events Coordinator, which was received on October 11, 1982, for permission to conduct an arts and craft fair on River Bend Plaza on July 7 and 8, 1983, sponsored by the Promotion Management Associates, was approved upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, subject to the filing of the appropriate certificates of insurance. APPROVE TRAFFIC CONTROL DEVICES Mr. Ralph J. Wadzinski, Manager of the Bureau of Traffic and Light- ing, recommended Board approval of the following traffic control devices: REVISE TO MULTI -WAY STOP - Colfax at Tuxedo INSTALL STOP SIGN Sampson & Denslow INSTALL STOP SIGN - Sampson & Byron INSTALL STOP SIGN - Sampson & Southernview Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above traffic control devices were approved. APPROVE LICENSE APPLICATION An application for an Open Air Stand License at 1935 Lincolnway East (0'Hanlon's parking lot) submitted by Fisher Bros. Fisheries for the sale of frozen seafood during the period of October 21 through 27, 1982, was recommended favorably by the Building Department, Police Department and Bureau of Traffic and Lighting, provided the stand was located in such a manner as to.not block sight distance visability of motorists entering or exiting the parking lot. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the license was approved and referred to the Deputy Controller's Office for issuance. FILING OF CERTIFICATE OF INSURANCE - CITY SIGN SERVICE, INC.. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the certificate of insurance for City Sign Service, Inc. was filed. FILE ENVIROIRIENTAL CLEAN-UP OF LOTS A list containing 98 lots ordered cleaned by the Director of the Neighborhood Code Enforcement Office was submitted. It was noted that property owners had been advised to clean up the lots and had failed to do so. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the environmental list was filed. .l REGULAR MEETING OCTOBER 18', 19'82 RELEASE OF CONTRACTOR'S BOND - MICHIANA PAINT A14D WALLCOVERING Mr. Ray S. Andrysiak recommended approval of the release of the Contractor's Bond of Michiana Paint and Wallcovering. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the bond was released. APPROVE HA14DICAPPED 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: Olive Helmick, 1226 North llth, Niles Frank N. Halasi, 3814 Langley C. H. Poehlman, 1209 Hillcrest, S.B. Rene Baetsle, 1234 N. Johnson, S.B. FILING OF MONTHLY HUMANE SOCIETY REPORT The report indicated a total of 278 dogs handled during the month of September, 187 cats and 58 other animals handled, for a total of 523. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the monthly report was filed. FILING OF STREET LIGHT OUTAGE REPORT Upon a motion made carried, the street 30 through October filed. APPROVAL OF .CLAIMS by Mr. Leszczynski, seconded by Mr. Hill and light outage report for the period of September 10, 1982, indicating a total of 9 outages, was Mr. Elroy J. Kelzenberg, Director of the Michiana Area CETA Consortium, submitted purchase orders totalling 23 to be paid out of FY 1982 funds, and purchase orders totalling 17 to be paid out of FY 1983 funds, and recommended approval. Cheif Deputy Controller Sherrie L. Petz submitted Claim Docket No. 19677 through 20107 and recommended approval. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above claims were approved and the reports filed. COMPLAINT RE: SCULPTURE IN FOUNTAIN AT MORRIS CIVIC AUDITORIUM Mr. Mark Kurowski, 1227 Congress, appeared before the Board to object to the placement of the Violin Woman sculpture recently donated to the city by the South Bend Symphony and placed in the fountain in front of the Morris Civic Auditorium and the fact that the center jet for the fountain was no longer operable because of the sculpture's placement. Although he did not object to the sculpture itself, he could not understand why the public funded fountain had been used as a base for a private piece of art. He wondered if the art form could be relocated to the grassy area in front of the auditorium. Mr. Leszczynski and Mr. Hill explained to Mr. Kurowski that the Board of Public Works had accepted the sculpture as a donation from the South Bend Symphony and had determined the appropriate place for the sculpture was in the center of the fountain. Mr. Hill stated that any form of art is subjective and the Board felt the sculpture would enhance the fountain and be a benefit to the total community. Mr. Leszczynski stated that the center jet was capped for the placement of the sculpture; however, the outer jets were still operable. Mr. Hill stated that the sculpture could not be easily moved about and the area in front of the auditorium was somewhat restricted as to its use. C 9 REGULAR MEETING OCTOBER 18, 1982 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 10:25 a,m. r J ATTEST: Barbara J. Bs, Cl 1 1 4JnCE. SLeszczyn§kL �i�-chaar'd L. Hill' 1-0 I I C