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