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HomeMy WebLinkAbout12/07/1981 Board of Public Works Minutes0 I E REGULAR MEETING DECEMBER 7, 1981 The regular meeting of the Board of Public Works was convened at 9:30 a.m., on Monday, December 7, 1981, by President John E. Leszczynski, with Mr. Leszczynski, Tor. Richard L. Hill and Mr. Joseph E. Kernan present. Also present was Deputy City Attorney City Attorney James A. Masters. 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 November 30, 1981, were approved as submitted. OPENING OF BIDS - FIRE DEPARTMENT AUTOMOBILES This was the date set for receiving sealed bids for the purchase of two 1982 automatic, six -cylinder, four -door sedans for the Fire Department. 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: Basney Ford Bid was signed by James A. 320 E. Ireland Road Basney, non -collusion affidavit South Bend, Ind. 46614 was in order, and a 10% bid bond was submitted. Two (2) 1982 Ford LTD "S" 4-door Sedans $18,423.08 Mary Borr Chrysler Bid was signed by Louis Lee, non- 222 N. Lafayette collusion affidavit was in order, South Bend, Ind. 46601 and a 10% bid bond was submitted. Two (2) 1982 Plymouth Grand Fury 4-door Sedans $18,273.10 Gates Chevrolet Corp. Bid was signed by Garry E. 333 Western Avenue Westfall, non -collusion affidavit South Bend, Ind. 46634 was in order, and a 10% bid bond was submitted. Two (2) 1982 Impala 4-door Sedans with V-8 engine $19,942.88 Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the above bids were referred to the Fire Department for review and recommendation. OPENING OF BIDS - SALE OF CITY -OWNED PROPERTY (613 CLINTON STREET) This was the date set for receiving bids for the sale of city -owned property located at 613 Clinton Street. 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 bid was opened and publicly read: Mark Willemin $153.00 1439 Sunnymede Avenue South Bend, Ind. 46615 It was noted that the Board was now operating under a new statute concerning the sale of city -owned property. The new statute provided that the Board advertise to receive bids for such sale and, if no bids were received in an amount equal to the appraised price, the Board must conduct negotiations with abutting property owners for the sale of the property. If it was determined that no abutting property owners were interested in the property, the Board could sell the property to any individual submitting the highest offer. Mr. Masters explained that upon request of the Clerk of the Board, he had researched the law concerning the definition 1 14'7 REGULAR MEETING DECEMBER 7, 1981 of abutting landowners, and it was his opinion that, in order to be an abutting property owner, the properties must actually touch or come together. He advised that properties which are separated by a public street, alley or right-of-way are not abutting within the meaning of the statutes. It was noted that Mr. Willemin was the owner of property located at 615 Clinton Street, which abutted the city -owned lot. To the rear of the city -owned lot and on the other side of this property, public alleys abutted. Mr. Hill stated that the city's offering price, or appraisal price, ,for the property in question was $630.00, and the only bid received was in the amount of $153.00 from the sole abutting property owner. He stated that the Board had met all legal requirements concerning the sale of the property. In accordance with the statutes, the Board needed to determine that the highest and best use for the property would be its sale to an abutting property owner. Mr. Hill stated that Mr. Willemin was anxious to conclude the nego- tiation of this sale since he was anticipating having a house moved from the Monroe -Sample Development Area onto the property in question, and he was, therefore, awaiting the city's acceptance d. of his offer. Upon a motion made by Mr. Hill, seconded by Mr. Kernan and carried, Mr. Willemin's offer in the amount of (29 $153.00 for the purchase of the above property was accepted, and the matter referred to the Legal Department for drafting Q of the appropriate purchase agreements and deed of conveyance. PUBLIC HEARING - VACATION OF PORTION OF LATHROP STREET (MICHIANA REGIONAL AIRPORT) It was noted that, in order for the Board to submit a recommenda- tion to the Common Council concerning a petition filed to vacate a portion of Lathrop Street by the St. Joseph County Airport Authority, a public hearing had been scheduled at this time, thus giving the Board an opportunity to hear any opposition to the proposed vacation. It was further noted that notices had been sent to affected property owners advising them of the public hearing. Fire Chief Timothy J. Brassell raised certain questions about future use of the property and expressed concern over the potential delay of fire response to the area west of the airport if Lathrop Street was closed. He stated that fire apparatus could be routed to the site from Fire Station No. 11 utilizing Cleveland Road; however, there could be delays encountered in getting additional equipment from any of the other stations. Mr. Leszczynski stated that the Community Development Department and Area Plan Commission had no objections to the vacation since it was in keeping with the land use and development plan for the airport property. He indicated that the only objection on the part of the Engineering Department was the fact that a dead-end would exist; however, the airport was willing to construct a cul-de-sac on Lathrop immediately west of the entrance to the maintenance complex and the tower which would rectify the problem. It was noted that Mr. Gene Matthews of Burlington, Indiana, owner of a parcel of property in the immediate vicinity of the proposed vacation, objected to same. Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the public hearing was closed. Mr. Leszczynski stated that, prior to rendering a recommendation to the Council, a meeting would be held with the Fire Chief, the Board of Works and members of the Airport Authority to discuss the chief's concern for fire safety in the area. ADOPTION OF RESOLUTION NO. 26, 1981 - RENEWALS OF SCRAP DEALERS' LICENSES RESOLUTION NO. 26, 1981 WHEREAS, license renewal applications for scrap and junk dealers for the year 1982 have been received by the Board of Public Works; and E9 o! REGULAR MEETING DECEMBER 7, 1981 WHEREAS, inspections of the properties have been completed by the Neighborhood Code Enforcement Office and the Fire Pre- vention Bureau as required by Ordinance No. 6998-81; and WHEREAS, the Neighborhood Code Enforcement Office and the Fire Prevention Bureau have found that no code violations exist on the properties;.and WHEREAS, Ordinance No. 6998-81 required approval of a Resolution of the Board of Public Works authorizing the renewal of the license applications. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend, Indiana, that the license renewal applications for the following scrap and junk dealers be approved based upon the favorable review of the properties by the Neighborhood Code Enforcement Office and the Fire Prevention Bureau: Metal Resources 3113 S. Gertrude South Bend Waste Paper Co. 1519 S. Franklin North Side Iron & Paper Co. 3123 S. Gertrude Western Ave. Iron & Metal 3123 S. Gertrude Hurwich Iron Co. 1610 Circle Ave. Herbert Alpern/Max Schneider Co., Inc. 429 W. Indiana South Bend Iron & Metal 429 W. Indiana A-1 Auto Parts 2014 S. Lafayette Steve & Gene's Auto Truck Salvage 3109 S. Gertrude Metal Resources 1147 Prairie Avenue Weaver Truck & Equipment Co. 3700 S. Gertrude St. BE IT FURTHER RESOLVED, that this Resolution shall be subject to approval and ratification by the Common Council. Aproved: December 7, 1981 ATTEST: s/ Barbara J. Byers, Clerk BOARD OF PUBLIC WORKS s/ John E. Leszczynski s/ Richard L. Hill s/ Joseph E. Kernan Mr. Leszczynski advised that current holders of scrap dealer's licenses were requesting a renewal of their 1982 license. In accordance with requirements of the Municipal Code, inspections are conducted by the Fire Inspection Bureau and the Neighborhood Code Enforcement Office and, if favorable recommendations are received, the Board approves the license renewal issuance and LEK REGULAR MEETING DECEMBER 7. 1981 forwards same on to the Common Council for concurrence. Mrs. Katherine. Barnard, Director of the Neighborhood Code Enforce- ment Office, explained that seven of the scrap dealers presently having a 1981 license were cited for violations, many of those dealing with inadequate or insufficient fencing as required under the code. She explained that her office was presently working with those operators in an attempt to resolve the problems prior to the end of the year so the 1982 licenses would not be held up. Mr. Hill felt that, if any of the other scrap dealers are found to be in compliance prior to the December 14th Common Council meeting, they could be included in the Council's resolution for approval at that time. Upon a motion made by Mr. Hill, seconded by Mr. Kernan and carried, the above resolution was adopted. APPROVE'CHANGE ORDERS AND PROJECT COMPLETION AFFIDAVITS Change Order No. 1 (final) for the Bendix Drive Track Relocation Project was submitted by Ri.eth-Riley Construction Company in the amount of an increase of $13,392.30. Also submitted was the Project Completion Affidavit for the project indicating (� a total construction cost of $287,115.20, and a three-year Maintenance Bond extending to December 7, 1984. Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the Change Order and Project Completion Affidavit were approved, and the Maintenance Bond filed. Rieth-Riley Construction also submitted Change Order No. 1 (final) and a Project Completion Affidavit for the Cleveland and Van Buren Curb and Pavement Improvement Project. The Change Order reflected a decrease of $1,266.20, indicating a new contract sum of $58,608.80. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the Change Order and Project Completion Affidavit were approved, and the three-year Maintenance Bond extending to December 7, 1984, was filed. Change Order No. 1 (final) and a Project Completion Affidavit were submitted by Rieth-Riley Construction for asphalt sidework and paving on the First Bank Center Project. The Change Order increased the contract by $24,490.72, bringing the final contract cost to $40,840.72. -Mr. Leszczynski noted that the Change Order was necessary because problems were encountered with grade levels on the site. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the Change Order and Project Completion Affidavit were approved, and the three-year Maintenance Bond extending to December 7, 1984, was filed. APPROVE CHANGE ORDER NO. 5 - FIRST BANK CENTER PROJECT (KOONTZ-WAGNER ELECTRIC) Mr. Leszczynski advised that Change Order No. 5 in the amount of an increase of $41,492.00 was being submitted by Koontz - Wagner Electric in order to provide a fire alarm system for the public portion of the garage and atrium under Contract No. 114 of the project. It was noted that the architect, con- struction manager and Patrick McMahon had reviewed the Change Order and had found it to be in order. The revised contract total, including the above Change Order was $167,391.85. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above Change Order was approved. APPROVE LEASE/PURCHASE AGREEMENTS FOR STREET DEPARTMENT TRUCKS Mr. Leszczynski advised that the trucks which were ordered from Western International Trucks and Shamrock Ford in accordance with the bids awarded on August 17, 1981, had been received, He noted that, at the time of the bid award, the city had 150 REGULAR MEETING DECEMBER 7, 1981 been given the right to exercise an option to purchase the trucks on a lease/purchase method. He submitted the following Lease/ Purchase Agreements for Board approval; Western International Trucks Three single -axle truck chassis Six payments of $16,969.76 Total: $101,818.56 Shamrock Ford Two tandem -axle truck chassis Six payments of $14,611.36 Total: $ 87,668.16 Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the Lease/Purchase Agreements with Western International and Shamrock Ford were approved, subject to approval of the State Board of Accounts. APPROVE REQUEST TO PURCHASE FIRE EQUIPMENT Fire Chief Timothy J. Brassell requested the Board's permission to forego the bid procedure for the purchase of a cab for a 1968 American LaFrance fire apparatus. He stated that the cab would be supplied by the original manufacturer of the truck, and it was felt that,due to the complexities of wiring, controls and mounting, there was no alternative but to replace the cab with a factory duplicate. He advised that a quotation had been received from LaFrance in an amount of $20,817.00. He concluded by stating that he had explored the matter extensively and felt a direct purchase from the original manufacturer was the most feasible method. Mr. Hill stated that the Board had approved a similar request within the past few months for the repair of brakes for the vehicle. Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, the request was approved. APPLICATION FOR OPEN AIR STAND LICENSE - RIVER BEND PLAZA An application for an Open Air Stand License on River Bend Plaza for the period starting May 1, 1982, and extending to October 1, 1982, was received from Michael Harmon, 1427 North Johnson Street, for the sale of frozen yogurt. Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the matter was referred to Mr. Patrick McMahon, Director of the Department of Redevelopment, for review and recommendation. APPROVE KNIGHTS OF COLUMBUS PARADE - JANUARY 24, 1982 Mr. Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, submitted a favorable recommendation for the Knights of Columbus annual parade to be held on Sunday, January 24, 1982, at 1:30 p.m., via the following route: From the Knights of Columbus parking lot west on Park Lane, south on Main Street, west on Wayne Street to St. Patrick's Church. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the recommendation was approved. APPROVE ENVIRONMENTAL CLEAN-UP OF LOTS A request was received from the Neighborhood Code Enforcement Office for permission to have city.environmental crews clean the following lots within the city: 1246 Hillcrest 918-920 W. Jefferson 1021 N. Huey 2124 S. Kemble 813 W. Indiana 814 S. Kentucky 151 REGULAR MEETING DECEMBER 7, 1981 445 S. Kosciuszko 622 N. Cushing 123 LaPorte 709 Cushing 1107 Lincolnway West 713 Cushing 1415 Lincolnway West 714-716 Cushing 1604 Longley 216 E. Dayton 1002 E. Milton 509 E. Dayton 1017 Napier 722 S. Dundee 1123 Oak Park Ct. 1222 N. Elmer 2018 Beverly Pl. 807 Harrison 225 S. Chapin 2013 Roger 305 S. Chapin 1001 N. St. Peter 737 Cleveland 1505 S. Scott 514 N. College Lot behind 1302 South Bend Ave. 733 Cottage Grove Rear of 1400 Western Ave. It was noted that property owners had been advised to clean up the above lots and had failed to comply. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the request was approved. APPROVE CONTRACTOR AND EXCAVATION BONDS Mr. Ray S. Andrysiak recommended approval of the Contractor's Bond of Robert Henry Corporation retroactive to November 30, 1981, and the Excavation Bond of Eagle Excavation. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the Excavation Bond for Eagle Excavation was approved; and the Contractor's Bond of the Robert Henry Corporation was approved retroactive to November 30, 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: Velma I. Moyer, 120 E. Jennings, S.B. James S. Allen, 2528 Sampson, S.B. Mary E. Rohrbaugh, 515 E. Monroe, Apt. 708, S.B. Dorothy E. Ross, 520 N. Cedar, Mish. Virginia M. Wells, 52595 Fir Rd., Granger Mary Beth Geyer, 1635 Kendall, S.B. Edward Huffman, 1921 S. Olive, S.B. William J. Nemeth, 3427 Concord, Mish: APPROVAL OF CLAIMS Mr. Elroy J. Kelzenberg, Director of the Michiana Area CETA Consortium, submitted P. 0. No. 156 through No. 173 and a claim for the Commercial Driver Institute in the amount of $1,595.00 and recommended approval. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the claims were approved. There being motion made the meeting ATTEST: no further business to come before the Baord, upon a by Mr. Leszczynski, seconded by Mr. Kernan and carried, was ad.iourned at 10:07 a.m. Barbara J. Bye s, Cle k