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HomeMy WebLinkAbout08/29/77 Board of Public Works MinutesREGULAR MEETING AUGUST 29, 1977 A regular meeting of the Board of Public Works was convened at 9:30 a.m. on Monday, August 29, 1977 by President Patrick M. McMahon with Mr. McMahon, Mr. Brunner and Mr. Mullen present. Deputy City Attorney Terry A. Crone was also present. MINUTES OF PREVIOUS MEETING APPROVED Mr. Mullen reported that the minutes of the August 22, 1977 meeting had been reviewed and he made a motion that they be approved as submitted. Mr. McMahon seconded the motion and it carried OPENING OF BIDS CENTURY CENTER ITEMS This was the date set for receiving bids for Fabric Panels, Folding Tables and Dollies, Lockers and Benches, Stacking Chairs and Dollies and Stages and Dance Floor for Century Center. 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: General Drapery Services Bid was signed by Jim I. Belmont, New York, New York non -collusion affidavit was in order and a certified check in the amount of $3,000.00 was submitted. Bid for Fabric Panels - $54,775.00 American Seating Company Bid was signed by Q. R. VanDore, Grand Rapids, Michigan non -collusion affidavit was in order and a certified check in the amount of $12,000 was submitted. Bid for Stacking Chairs and Dollies Base Bid - $117,560.00 Alternate A - $1,824.00 Voluntary Alternate II - $79,826.00 Business Furniture, Inc. Bid was signed by Robert E. Wilson Indianapolis, Indiana non -collusion affidavit was in order and a 10% bid bond was submitted. Mr. McMahon noted that the Board received, under separate cover, a bid modification to the bid for stacking chairs and dollies and the modification was received prior to the time specified for receipt of bids. Bid for -Folding Tables and Dollies Base Bid - $40,102.38 Alternate 1B - $32,059.12 Voluntary Alternate - $35,117.56 - Dance Floor Bid - $.1 5,193.46 - Stacking Chairs and Dollies Modification Voluntary Alternate #1 - $62,127.40 57,745.40 Voluntary Alternate #2 - $66,011.40 61,829.40 Voluntary Alternate #3-$116,539.40 REGULAR MEETING ST 29, 1977 Aay's Rent -All Company, Inc. South Bend, Indiana Bid - Stacking Chairs and Dollies Voluntary Alternate - $45,534.00 - Folding Tables and Dollies Specified Alternate - $15,644.97 Voluntary Alternate - $ 9,087.62 Krueger Green Bay, Wisconsin Bid - Folding Tables and Voluntary Alternate #1 Voluntary Alternate #2 Voluntary Alternate #3 Voluntary Alternate #4 Voluntary Alternate #5 - Stacking Chairs and Voluntary Alternate #1 Voluntary Alternate #2 Voluntary Alternate #3 Voluntary Alternate #4 Voluntary Alternate #5 Interiors for Business Elkhart, Indiana Bid was signed by non -collusion aff order and a $4,55 check was submitt chairs with $2,47 check submitted f Bid was signed by non -collusion aff: and a certified cl amount of $11,964 Dollies - $34,930.00 - 23,905.00 - 23,680.00 - 22,252.50 - 22,977.50 Dollies - $84,711.50 - 83,581.50 - 50,219.00 - 76,651.50 - 68,971.50 Bid - Lockers and Benches Base Bid - $6,330.00 - Folding Tables and Dollies Base Bid - $37,262.19 - Stacking Chairs and Dollies Voluntary Alternate - $134,085.50 Sico, Inc. Minneapolis, Minnesota Stages and Dance Floor Base Bid - $77,686.52 Voluntary Alternate - $71,375.48 South Bend Supply Co., Inc. South Bend, Indiana Bid - Lockers and Benches Base Bid - $6,340.75 Virco Mfg. Company Conway, Arkansas Bid - Stacking Chairs and Dollies Voluntary Alternate - $90,150.00 - Folding Tables and Dollies Voluntary Alternate - $20,970.25 Bid was signed b, non -collusion af: order and a 10% l submitted. Bid was signed b, non -collusion af: order and a cert: amount of $7,800 Bid was signed b non -collusion of order and a Cert amount of $634.0 Bid was signed b, non -collusion af: order and a cert: amount of $11,11, James W. Sharpe, _davit was in 3.40 certified �d for stacking 3.33 certified >r folding tables. James A. Hurd, _davit was in order ieck in the 15 was submitted. John S. Mills, 'idavits were in )id bond was Earl Luckes, :idavit was in .fied check in the ,00 was submitted. A. F. Verduin, idavit was in fied Check in the was submitted. Glen D. Parish, :idavit was in _fied check in the !.03 was submitted. 313 REGULAR MEETING AUGUST 29, 1977 Business Systems, Inc. South Bend, Indiana Letter submitted indicating that Business Systems was not bidding Stacking Chairs and Dollies as specified. Wenger Corporation, Owatonna, Minnesota and GF Business Equipment, Inc. of Youngstown, Ohio submitted bid bonds with their bids and not certified checks, although their principal place of business is outside the State of Indiana. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the bids were not read at this time and the bids were referred to the Legal Department for a determination as to whether or not this was a fatal defect in the bid or if it can be corrected by submitting a certified check in compliance with the invitation for bids and in seeking the best possible bid price for the City of South Bend. Midwest Cabinet Company submitted a bid and a letter requesting that the requirement for a bid bond be waived since they did not receive the invitation to bid until August 19 and were unable to complete the bid proposal until August 27, 1977. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the letter was referred to the Legal Department for review and a determination and the bid was not read at this time. OPENING OF BIDS - CURB REPLACEMENT PROJECTS This was the date set for receiving bids for curb replacement on Marion Street and Riverside Drive and also on Clayton Drive, Coral Drive, St. Joseph Street, Intersection of Klinger & Addison and Ford 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 bids were opened publicly read: Curb Replacement - Marion Street and Riverside Drive Rieth Riley Construction Co., Inc. Bid was signed by Richard Ruhlman, non -collusion affidavit was in order and a five per cent bid bond was submitted. Bid - $18,293.50 Curb Replacement - Clayton Drive, Coral Drive, St. Joseph Street, Intersection of Klinger & Addison and Ford Street Rieth-Riley Construction Co., Inc. Bid was signed by Richard Ruhlman, non -collusion affidavit was in order and a five per cent bid bond was submitted. Bid - $74,559.24 IMPROVEMENT RESOLUTION NO. 3448 RESCINDED This was the date set for a public hearing on Improvement Resolution No. 3448 for the construction of a concrete pavement on the north - south alley between Parkview Place and Riverside Drive, from Oakwood to Woodlawn, under Barrett Law. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri-County News which were found to be sufficient. Mr. McMahon noted that all affected property owners had been notified of this hearing which was initiated by a petition signed by property owners. If fifty-one per cent of the property owners listed on the assessment roll are against the project, it will not be constructed. The estimated cost of the project is $30,OOO and the assessment roll was available for inspection. The cost to property owners as listed on the assessment roll was $14.20 per foot. Mr. Robert Cervilli submitted to the Board REGULAR MEETING AUGUST 29, 1977 letters from eight property owners who signed the original petition who now wish their names removed from the petition as they do not favor the project. Letters requesting withdrawal from the petition were filed from Joseph T. Serge, James McMahon, Ann M. Campbell, G. T. Clarke, George Z. Gaska, John H. Ettinger, James Barlow, Betty Ann Criffield. A review of the petition submitted indicated that these eight property owners had signed that petition. Removal of those names leaves fourteen property owners in favor of the project out of a total of thirty-seven total owners involved. Earl Miller, 2129 Riverside Drive, asked the interest rate to be charged if the construction is made. Mr. McMahon said the Improvement Resolution adopted stipulates the rate of interest at six per cent for a five-year period. Stanley Wesolowski, 2170 Parkview Place, said he submitted the petition to the Board and some of those who signed the petition object to the language of the petition which states that the alley will be paved. Mr. McMahon advised Mr. Wesolowski that this is the usual form for such a petition and only initiates proceedings in the matter and allows the Board to direct the Department of Engineering to prepare preliminary plans and a cost estimate. The decision as to whether or not the improvement should be made is left to the affected property owners. Mr. McMahon stated that there are now only fourteen of thirty-seven property owners in favor of the project. He made a motion that Improvement Resolution No. 3448 be rescinded and the improvement not made. Mr. Mullen seconded the motion and it carried. DISPOSAL OF VEHICLES APPROVED Chief Piichael,Borkowski notified the Board that Mechanical #740, a 1968 Pontiac, and Mechanical #741, a 1961 Rambler, are obsolete and should be dropped from the Police Vehicle Fleet and disposed of as scrap. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Board approved the request and authorized disposal of the vehicles. REQUEST FOR BICYCLE AND UNCLAIMED PROPERTY SALE Chief Michael Borkowski requested that the Board advertise for bids for a public auction of bicycles and unclaimed property on Saturday, October 15, 1977. Receipts from the sale of bicycles would go to the Police Pension Fund and receipts from the sale of other items would go into the General Fund. Mr. Mullen suggested that if the Bureau of Traffic and Lighting or the Parking Garages have obsolete equip- ment, they include those items in this sale. The Clerk was requested to contact Mr. Wadzinski and Mr. Paszli to coordinate this matter. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Board approved the request and authorized advertising. 4625 S. FELLOWS Raymond O. Newton, Director of Sub -Standard Buildings, and James Locker, owner of a house located at 4625 S. Fellows Street were present. Mr. McMahon said this matter has been before the Board of Public Works, the Board of Public Safety and the Sub -Standard Building Department for some time. The house was moved onto this property but repairs have not been completed. In response to complaints from residents of the neighborhood, the Board has requested a status report. The last action which took place was on June 22, 1977 when a hearing was held before Larry Ambler, Code Enforcement Officer. At that time, Mr. Locker was directed to bring the property up to code requirements by July 9, 1977. Mr. McMahon asked Mr. Newton for a report. Mr. Newton reported that most of the exterior repairs have been completed and ten of thirteen interior repairs are done. The windows are unboarded, tuckpointing is done, landscaping is done and replacement of some stone work on the front of the house is not done because Mr. Locker has not been able to match the stone. Mr. McMahon noted that 1 REGULAR MEETING AUGUST 29, 1977 he drove by the house last Friday and the windows were boarded and the landscaping not complete,,, The Board reviewed photographs of the house and noted that some windows are still boarded and there is no evidence of a lawn. Mr. Brunner asked Mr. Newton if Mr. Locker was given an extension of time beyond the July 9 date set by the Hearing Officer. Mr. Newton said he was not because most of the repairs were completed. Mr. Brunner asked why the front windows were still boarded. Mr. Newton said he understood it was because some windows have been broken out since the house was moved onto the site. Mr. Brunner asked what action could be taken now if Mr. Locker is not in compliance with the order. Mr. Newton said he could send a contractor out to complete the painting and take the boards down but it might be difficult to get a contractor to take on such a job. Mr. Brunner said it would appear that there was work done in the last two weeks that should have been done two years ago and questioned why Mr. Locker stopped short of unboarding the windows. Mr. Locker said he had an agreement with Mr. Newton that the windows could remain boarded until the house is sold. He said he has not completed the interior painting because he has two prospective buyers and they want to buy the house as it is and complete the work. He said he has been unable to find a craftsman to complete the stone work. Mr. Mullen asked Mr. Locker if he had two persons interested in the property at this time. Mr. Locker said he had received two inquiries. One individual attempted to get financing for the purchase but was not successful. Mr. Locker said he could remove the boards if the Board feels this would make the house more presentable. Mr. Brunner said boarded windows are symbolic of a sub -standard house in the minds of many people and he would request that the boards be removed as soon as possible. Mr. Locker asked what protection the City would provide if he removes the boards from the windows. Mr. Brunner said he would assume the breaking of the windows was a chance occurrence and would not happen again. Mr. McMahon said the lawn is clay and he would like to see some ground cover. Mr. Locker said he attempted to put a lawn in in July but the hot weather prevented it.. Mr. McMahon noted that Mr. Locker has had sufficient time to put in a lawn in the time the house has been on the lot. Mr. Brunner asked Mr. Newton to follow through on this matter and Mr. Newton said he could set a time of one week for Mr. Locker to comply. Mr. Mullen said Mr. Locker has had additional time since the July 9th deadline and has not completed the work. He said action should have been taken on July 10. Mr. Newton said he was advised by one of his inspectors that the work was done so he took no action at that time. Mr. Mullen said the repairs required by the Hearing Officer have not been made and the City has been extremely generous in allowing Mr. Locker additional time. He noted there are four actions which can be taken for non-compliance with the order of the Hearing Officer and he suggested that one of these actions be pursued. Mr. McMahon said, if this house were in his neighborhood, he would take every action possible to get the owner to comply. Mr..Brunner agreed and said no apparent action was taken for over a year and a half and he'.would like to see the situation remedied and the boarding down. Mr. McMahon made a motion that the Board direct the Legal Department to determine whether action can be taken against Mr. Locker for failure to comply with the order of the Hearing Officer to have the property brought up to Code standards by July 9, 1977. Mr. Mullen seconded the motion and it carried. Mr. Brunner requested that Mr. Newton contact Deputy City Attorney Sanford Brook today in regard to any immediate action which can be taken to remove the boarding and complete the work. BID AWARDED - WESTERN AVENUE OFF-STREET PARKING PROJECT John E. Leszczynski, Manager of the Bureau of Public Construction, submitted to the Board a bid tabulation or bids received for the Western Avenue Off -Street Parking Project and his recommendation that the low bid of Walsh & Kelly of $41,692.15 including Alternate A be accepted. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the recommendation to award the bid to Walsh & Kelly, Inc. on their low bid was accepted. REGULAR MEETING AUGUST 29, 1977 BID AWARD RECOMMENDATION FOR CENTURY CENTER KITCHEN EQUIPMENT REFERRED The Hotel -Motel Board of Managers submitted a recommendation to the Board that the bid of Atlas Restaurant Supply Company of $208,623.00 for kitchen equipment for Century Center be accepted. Mr. McMahon noted that this was not the low bid received. Ruslander & Sons, Inc. of Buffalo,.New York submitted the low bid at $199,885. Atlas was the fourth low bidder and acceptance of their bid would amount to a four per cent increase in the total amount. Mr. McMahon said the . recommendation was made because Atlas is a local company and service could be obtained immediately and based on the delivery date listed in their bid, in view of the opening deadline for Century Center. Mr. Brunner suggested that the recommendation be referred to the Legal Department to determine that the City is following the requirement to select the best bid if other than the low bid is accepted. Mr. McMahon made a motion that the recommendation be referred to the Legal Department for review and recommendation regarding acceptance of other than the low bid. Mr. Mullenseconded the motion and it carried. FILING OF PETITION TO VACATE ALLEY - THE SOUTH BEND CLINIC The South Bend Clinic files its petition to vacate the first north - south alley east of Frances Street from the south right-of-way line of East LaSalle Avenue south to the vacated east -west alley. The petitioner requests the vacation to permit plans to proceed with construction of a parking lot for additional parking required for a new building. All lots abutting the proposed vacated alley are owned by the petitioner. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the petition was filed and referred to the Engineering Department for preliminary review and report. ADOPTION OF RESOLUTION NO. 14 - SALE OF CITY -OWNED PROPERTY Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the following resolution was adopted: RESOLUTION NO. 14 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, Indiana, pursuant to Section 30 A-1 of the Municipal Code of the City ofSouth Bend; and WHEREAS, the Board of Public Works has reviewed said inventory of real property and it now finds that certain of the parcels of real estate now owned by the City are not necessary to the public use and are not set aside by state or city law for public purposes; pursuant to Section 30 A-2 of the Municipal Code of the City of South Bend; and WHEREAS, the Board of Public Works action to make it possible for the parcels of real estate pursuant to of the City of South Bend. now wishes to take the necessary Board, in the future, to sell said Chapter 30A of the Municipal Code NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend, Indiana: 1. That the parcels of real estate owned by the City contained in the following list are not necessary to the public use and are not set aside by State or City law for public purposes: I. REGULAR MEETING AUGUST 29, 1977 Street Address 1032 DeMaude 1540 W. Dunham 922 Fuerbringer 712 Hill Street 729 W. Jefferson 412 Ohio Street 616 Scott Deed Number 1075 1047 1082 944 1078 527 969 2. That this resolution shall immediately upon its' adoption be submitted to the Common Council of the City of South Bend, pursuant to Section 30 A2 of the Municipal Code of the City of South Bend. Adopted this 29th day of August, 1977. BOARD OF PUBLIC WORKS s/ Patrick M. McMahon s/ Thomas J. Brunner, Jr. s/ Peter H. Mullen ATTEST: s/ Patricia DeClercq, Clerk FILING OF ASSESSMENT ROLL - VACATION RESOLUTION NO. 3445 Patrick M. McMahon, Civil City Engineer, files an Assessment Roll for Vacation Resolution No. 3445, 1977 for the vacation of a portion of Colfax Street from the west right-of-way line of Adams Street to the east right-of-way line of the north -south alley west of Adams Street, a distance of 100.25 feet. Also, the north -south alley between College Street and Adams Street from the north right-of-way line of Liston Street north to the south right-of-way line of Orange Street, a distance of 395.37 feet. The following lots may be injuriously or beneficially affected by such vacation: Lot Nos. 26, 35, 39 and 40, College Grove Addition. The Board finds that each of said lots have been damaged in the amount of $0.00 and benefited in the amount of $0.00. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Assessment Roll was filed and set for public hearing on September 26th, 1977 at 9:30 a.m. FILING OF ASSESSMENT ROLL - VACATION RESOLUTION NO. 3446 Patrick M. McMahon, Civil City Engineer, files an Assessment Roll for Vacation Resolution No. 3446, 1977 for the vacation of a portion of Maplewood Street, beginning at the south right-of-way line of Progress Drive and the east right-of-way line of Maplewood Street, south 345 feet to the southwest corner of Lot 27 in Post Place Addition; thence west 50 feet, thence north 345 feet, thence east 50 feet to the place of beginning. The following lots may be injuriously or beneficially affected by such vacation: Lot No. 22, Airport Industrial Park, Phase II, and Lot Nos. 25, 26 and 27 in Post Place Addition. The Board finds that each of said lots have been damaged in the amount of $0.00 and benefited in the amount of $0.00. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Assessment Roll was filed and set for public hearing on September 26, 1977 at 9:30 a.m. ACCEPTANCE OF PROPOSAL FOR PIGEON CONTROL ON RIVER BEND PLAZA Mr. McMahon noted that the present contract for pigeon control on River Bend Plaza expired on August 27. Letter proposals were sought from area supplies of this service. Mr. McMahon submitted a review of the proposals received and made a recommendation that the proposal of Indiana Terminix, at $28.00 per month, be accepted as the lowest proposal received. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Board approved a contract with Indiana Terminix Company to provide pigeon control on River Bend Plaza for one year, beginning September 1, 1977. Mr. Brunner abstained from voting on the motion since his law firm represents one of the companies submitting a proposal. The Board was advised by the Health Department that they have required the owners of the State Theatre Building to apply pigeon control treatment. REGULAR MEETING AUGUST 29, 1977 APPROVAL OF ACQUISITION OF LEASED VEHICLE Mr. McMahon reported to the Board that the CETA office leased a vehicle from Shamrock Ford Company for their summer program. Shamrock Ford has now offered to sell the vehicle to the City for a payment of $500 over the lease payments. The truck is a single -axle dump truck in.good condition and Mr. Gawrysiak and Mr. Meehan have recommended that the truck be acquired. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Board approved the recommendation to acquire the leased truck for a payment of $500.00. APPLICATION FOR OPEN AIR STAND FILED AND REFERRED TO LEGAL DEPARTMENT Ted Wettenstein submitted an application to operate an Open Air Stand at Gene's Restaurant Parking Lot, Bendix Drive and Ardmore Trail to sell cookware from a vehicle. Mr. Wettenstein submitted the written permission of the property owner, Gene Harman, to operate the stand and the property s.zoned commercial. Mr. Brunner noted that the Legal Department has done some research in this regard and suggested that the application be referred to James Masters, Legal Interne, for review. Upon motion made by Mr. Brunner, seconded by Mr. Mullen and carried, the application was referred to the Legal Department for review and recommendation. APPROVAL OF ARTS -MOBILE TICKET TROLLEY ON RIVER BEND PLAZA Mary Kay Huszar, Director of River Bend Plaza, submitted to the Board an application from the Michiana Arts Council to have the Arts -Mobile Ticket Trolley on River Bend Plaza on various dates during the fall to publicize cultural events. Ms. Huszar recommended the application favorably. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the application was approved. CLAIMS APPROVED Michael L. Vance, City Auditor, submitted to the Board Claim Docket Numbers 15039 through 15350 with his recommendation that they be allowed. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Board approved Claim Docket Numbers 15039 through 15350 and directed that checks for payment be issued. BONDS APPROVED Ray S. Andrysiak, Bureau of Engineering, reported to the Board that bonds submitted by Asphalt Engineers and Trahan Construction Company had been properly executed and could be approved. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the bonds were approved. STREET LIGHT OUTAGE REPORT FILED The Street Light Outage report for the period August 22 through 26 was submitted. The report indicated twenty outages. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the report was ordered filed. SOLID WASTE PICK-UP ON LABOR DAY NOTED Joseph Klebosits, Manager of the Bureau of Solid Waste, notified the Board that regular pick-up would be made by his department on Monday, September 5, Labor Day with the regular schedule followed for the week. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the notice was filed. 1 REGULAR MEETING AUGUST 29, 1977 SIGNING OF TITLE SHEET AND ACCEPTANCE OF EASEMENT AGREEMENTS LUCKY STEER RESTAURANT - LINCOLNWAY WEST, EAST OF MEADOWVIEW David A. Wells, Manager of the Bureau of Design and Administration, submitted to the Board the Title Sheet approving the plans for a sanitary sewer at the proposed site of.a Lucky Steer Restaurant between Edison Road and Lincolnway West, east of Meadowview. James Locker is the developer. The plans have been reviewed and are acceptable. Mr. Wells noted that Mr. Locker has executed an easement and right-of-way agreement for easement rights in that location and has submitted an easement and right-of-way agreement executed by Fred and Mary Ann Slater along with the title sheet. Mr. Wells recommended approval of the title sheet and acceptance of the easements. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Board signed the title sheet approving the plans for the Lucky Steer sewer. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the easement and right-of-way agreements were accepted and will be recorded. There being no further business to come before the Board, upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the meeting adjourned at 11:20 a.m. y ATTEST: Patricia DeClercq, Clerk