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HomeMy WebLinkAbout07/28/75 Board of Public Works MinutesW REGULAR MEETING JULY 28, 1975 A regular meeting of the Board of Public Works was convened at 9:30 a.m. on Monday, July 28, 1975 by James R. Seitz, in the absence of Chairman Rollin Farrand. Mr. Seitz and Mr. Barcome were present, as was Deputy City Attorney Kathleen Cekanski. Minutes of the previous meeting were reviewed and approved. DEED OF DEDICATION AND DEED OF EASEMENT APPROVED - DR. ROBERT ALLEN PROPERTY, WEST OF MIAMI STREET Attorney Stephen Seall was present and submitted to the Board signed copies of a Deed of Dedication of a street west of Miami Street, just opposite the Scottsdale Mall entrance. Mr. Seall said Dr. Allen will be responsible for having a surface constructed on the street and the Engineering Department and the Legal Department have reviewed the deed of dedication. Mr. Seall also submitted to the Board a Deed of Easement for a 12 foot sewer easement for storm and sanitary sewers on the property. Deputy City Attorney Kathleen Cekanski recommended to the Board that the Deed of Dedication could be approved and that the Deed of Easement could be approved, subject to the following amendment: In Paragraph Two, add "At such time as the said sanitary sewer and the said storm sewer system are deeded to and accepted by the City of South Bend, said easement shall terminate and expire". Upon motion made, seconded and carried, the Board approved the Deed of Dedication and the Deed of Easement as amended by the recommendation of Miss Cekanski. OPENING OF BIDS - WHITEWATER WAY AND ISLAND PARK DEVELOPMENT This was the date set for receiving bids for the White Water Way and Island Park Development. 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, non -collusion affidavits being in order: H. G. Christman Construction Co. Bid was signed Whitewater Way Base Bid Alternate #1 Deduct Island Park Base Bid Alternate #1 Deduct Alternate #2 Deduct Alternate #3 Deduct Alternate #4 Deduct Alternate #5 Deduct The Hickey Company Whitewater Alternate Island Park Alternate Alternate Alternate Alternate Alternate non -collusion order and a 5% the bid. - $160,718.00 18,000.00 508,937.00 6,100.00 27,400.00 7,400.00 23,000.00 70,000.00 Way Base Bid - # 1 Deduct Base Bid # 1 Deduct # 2 Deduct # 3 Deduct # 4 Deduct # 5 Deduct by Norris Emmons, affidavit was in bid bond accompanied Bid was signed by G. A. Hickey, non -collusion affidavit was in order and a 5% bid bond accompanied the bid. $177,891.00 18,370.00 418,511.00 9,800.00 20,800.00 4,200.00 30,400.00 57,800.00 Sollitt Construction Company Bid was signed by Richard I Gagnon Whitewater Way Base Bid - Alternate # 1 Deduct Island Park Base Bid Alternate # 1 Deduct Alternate # 2 Deduct Alternate # 3 Deduct Alternate # 4 Deduct Alternate'# 5 Deduct non -collusion affidavit was in order and a 5% bid bond accompanied the bid. $179,432.00 20,800.00 439,264.00 7,500.00 23,700.00 7,400.00 25,000.00 20,300.00 F� � W, I r-f REGULAR MEETING JULY 28, 1975 OPENING OF BIDS- INTERS'ECTION RADII'IMPROVEMENTS, PORTAGE AND ELWOOD This was the date set for receiving bids for the Intersection Radii Improvements at Portage Avenue and Elwood 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: Rieth-Riley Construction Co. Bid was signed by Richard Ruhlman, non -collusion affidavit was in order and a 5 % bid bond was submitted. Bid - $12,388.86. Upon motion made, seconded and carried, thel.bid was referred to the Bureau of Public Construction for recommendation. OPENING OF BIDS - APPROXIMATELY 1340 FEET OF CURB ON HURON STREET This was the date set for receiving bids for the installation of approximately 1340 feet of Curb on Huron 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 and publicly read: Ziolkowski Construction Co. Bid - $8,311.00 Rieth-Riley Construction Co. Bid - $ 7,010.00 Bid was signed by Ben Ziolkowski, non -collusion affidavit was in order and a 5% bud bond was submitted. Bid was signed by Richard Ruhlman, non -collusion affidavit was in order, and a 5% bid bond was submitted. McIntyre & Jones Construction Co. Bid was signed by Kenneth McIntyre, non -collusion affidavit was in order, and a 5% bid bond was submitted. Bid - $10,770.00 Upon motion made, seconded and carried, the bids were referred to the Bureau of Public Construction for review and recommendation. OPENING OF BIDS - ONE BLOCK OF DONMOYER STREET This was the date set for receiving bids for the construction of one block of Donmoyer Street, from Main to Michigan. 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. Bid - Alternate A - $31,558.25 Alternate B - $32,048.75 Bid was signed by Richard Ruhlman, non -collusion affidavit was in order and a 5% bid bond was submitted. McIntyre & Jones Construction Co. Bid was signed by Kenneth McIntyre, non -collusion affidavit was in order and a 5% bid bond accompanied the bid. Bid - Alternate A - $43,274.66 Alternate B - $42,239.16 Upon motion made, seconded and carried, the bids were referred to the Bureau of Public Construction for review and recommendation. M REGULAR MEETING JULY 28, 1975. OPENING OF BIDS CURB TTH DRAINAGE STRUCTURES-WESTMOOR STREET This was the date set for receiving bids for the construction of 2750 feet of curb with drainage structures on Westmoor 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 and publicly read: Rieth-Riley Construction Co. Bid was signed by Richard Ruhlman, non -collusion affidavit was in order and a 5% bid bond was submitted. Bid - $28,027.65 Upon motion made, seconded and carried, the bids were referred to the Bureau of Public Construction for review and recommendation. OPENING OF BIDS - CURB AND SIDEWALK, BOWMAN CEMETERY This was the date set for receiving bids for the construction of curbs and sidewalk at Bowman Cemetery on Miami 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 and publicly read: Rieth-Riley Construction Co. Bid was signed by Richard Ruhlman, non -collusion affidavit was in order and a 5% bid bond was submitted. Bid - $6,991.00 McIntyre & Jones Construction Co. Bid was signed by Kenneth McIntyre, non -collusion affidavit was in order and a 5% bid bond was submitted. Bid - $6,954.00. Upon motion made, seconded and carried, the bids were referred to the Bureau of Public Construction for recommendation. OPENING OF BIDS - WALNUT STREET AND GRAND TRUNK WESTERN RAILROAD RETAINING WALLS AND SIDEWALK This was the date set for receiving bids for the construction of retaining walls and sidewalk on Walnut Street at the Grand Trunk Western Railroad. 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: Ziolkowski Construction Co. Bid was signed by Ben Ziolkowski, non -collusion affidavit was in order and a 5% bid bond was submitted. Bid - $52,459.90 Upon motion made,'seconded and carried, the bids were referred to the Bureau of Public Construction for review and recommendation. COMPLAINT RE: TREES AND PLANTS ON RIVER BEND PLAZA Mrs. Janet Allen was present and asked the Board about the responsibility for replacement of deed trees and plantings on the Plaza. Mr. Seitz noted that the responsibility lies with the contractor until March of 1976. He suggested that he might have someone from the Park Department Staff check the condition of the trees and plants. Upon motion made, seconded and carried, the Board authorized Mr. Seitz to have the condition of the trees, shrubs and plants on the Plaza checked and to contact the contractor regarding replacement. 91 REGULAR MEETING JULY 28, 1975 A hearing before the Board was requested by Attorney Robert Rosenfeld, on behalf of Fred Pruitt whose application for a taxi license was denied. Neither Mr. Rosenfeld or Mr. Pruitt was present. Upon motion made, seconded and carried, the matter was tabled until such time as another hearing is requested. REQUEST TO SCRAP VEHICLES APPROVED The Board received a request from the Bureau of Vehicle Maintenance for permission to scrap two vehicles assigned to the Building Department: 1968 Ford Custom, Serial Number 8W50F151041 1970 Chev. Biscayne,.Serial Number 154690115045 Upon motion made,. ecorided and carried, the request was approved and the Clerk was directed to contact Mr. Laskowski of the Bureau of Vehicle Maintenance regarding the approximate value of the vehicles to determine whether bids must be advertised for the disposal of the vehicles or whether they can be sold privately by Board resolution. RECOMMENDATION TO APPROVE BUS PARKING - 1100 E LASALLE ., The Board received a recommendation from the Bureau of Traffic and Lighting that a request from the Sinai Synagogue to allow buses -•{ to park on the south side of the 1100 block of East LaSalle Street J on Sunday, August 3 had been reviewed. Mr. Wadzinski reported that he had consulted with the Police Department Traffic Division and they concur that approval can be given. "No Parking Bus Zone" portable signs will be delivered by the Bureau of Traffic and Lighting. Upon motion made, seconded and carried, the Board approved the recommendation and the bus parking will be allowed. REQUEST TO ADVERTISE FOR BIDS, BUREAU OF POLICE RADIOS APPROVED The Board received a request from Police Chief John H. Walsh to advertise for bids for 10 portable transceivers for the Police Department. Specifications were attached. Upon motion made, seconded and carried, the Board approved the request and directed the Clerk to advertise on August li.and 8, with sealed bids to be received on August 11, 1975. RECOMMENDATION ON PETITION TO VACATE ALLEY BETWEEN DONALD AND CALVERT STREET RECEIVED The Board received a recommendation from the Bureau of Design and Administration that the petition of G. Minnick, et al to vacate the east -west alley running between Lots 6 and 7 City View Place, from Kemble Avenue on the west to the first north -south alley between Donald and Calvert Streets on the east, had been reviewed. The report indicated that the Bureau had no objection to the proposed vacation, subject to existing utility easements. Upon motion made, seconded and carried, the report was ordered filed and the petition was referred to the Area Plan Commission for review and recommendation. LEASE WITH REAL SERVICES APPROVED A lease between the City of South Bend and R.E.A.L. Services, Inc. for the property at 622 N. Michigan Street was submitted to the Board with the following recommendation: "Board of Public Works I met with the representatives of R.E.A.L. Services and with their Attorney and they have consented to the change in Paragraph 3 as to the duty of repair which places duty of repair of the interior on the tenant. This is the only change in the lease as originally submitted. 32. REGULAR MEETING JULY 28, 1975 If this lease meets with your and submission to the R.E.A.L. further questions, please call approval, it is ready for execution Services Board. If you have me. s/ Robert M. Parker It Upon motion made, seconded and carried, the Board approved the lease with R.E.A.L. Services for the premises at 622 N. Michigan Street and it will be submitted to the R.E.A.L. Services Board for execution by their officers. ACCEPTANCE OF DEDICATION OF ACCESS ROAD, NORTH SIDE OF WESTERN AVENUE The Board received quitclaim deeds from the estate of Achille Colpaert and the Firestone Tire & Rubber Company for the access road on the north side of Western Avenue, along with a drawing of the property. Kathleen Cekanski, Deputy City Attorney, advised the Board that she was recommending that the quitclaim deeds and the drawing be approved for the dedication of the access road and that they, further, be recorded. Upon motion made, seconded and carried, the Board approved the quitclaim deeds and the drawing and directed that they now be recorded. WITHDRAWAL OF PETITION TO VACATE AND DEDICATE - DEPARTMENT OF REDEVELOPMENT The Board received a letter from Wayne Brownell, Director of the Department of Redevelopment, requesting that the petition filed with the Board for the vacation and dedication of certain streets, alleys and lots in the Plat of River Bend Addition to the City of South Bend be withdrawn. Upon motion made, seconded and carried, the. -Board approved the request and the petition was withdrawn. REPORT FROM BUREAU OF TRAFFIC AND LIGHTING RE: WESTERN AVE. VIADUCT The Board received the following report from the Bureau of Traffic and Lighting: "To: Board of Public Works Re: Western Avenue Business Council letter of 7/15/75 This letter made reference to a number of requests for the Walnut -Western viaduct, one being a "plan" devised by a Detroit, Michigan firm. It is recommended that this plan be filed with the City Engineer for review. Since Western Avenue is Indiana 2, discussion and concurrence of this plan would be necessary with the Indiana State Highway Commission. Reference is made to an "increased lighting system". The present system, installed approximately 2 years ago, employs 8 - 10,900 Lumen Fluorescent fixtures and 1 - 7,000 Lumen Mercury Vapor fixtures. It was designed to produce a 2.0 footcandle level). The sidewalk area, where a person with ulterior motives would "hide" is sufficiently lighted. The roadway, due to the bridge design, does not lend itself to being lighted. For one, the fixtures would be knocked off by semis. Secondly, the angle of glare would blind drivers. As far as painting the viaduct, it must be noted that the face of the viaduct was painted approximately 2 years ago by Penn Central. If the association wishes to paint the viaduct or to have it painted, the Penn Central Railroad is the agency to be contacted. s/ Ralph Wadzinski Assistant Manager 33 REGULAR MEETING JULY 28, 1975 Upon motion made, seconded and carried, the report was ordered filed and a copy sent to the Western Avenue Business Council and to William Hojnacki, Director of Human•Resources, with the request that he contact Mr. Wadzinski and Mr. Smeltzer to see what action might be taken in regard to the suggestions. PAYMENT REQUESTS APPROVED - WASTEWATER TREATMENT PLANT ADDITIONS Payment Request No.'42 in the amount of $18,824.94 and No. 43 in the amount of $22,600.11, from Sollitt Construction Company, were submitted to the Board by David A. Wells, Manager of the Bureau of Design and Administration. Mr. Wells advised the Board that he would like it a matter of record that these are the March and April payments. They have been held up by the Department of Public Works until such time as the Sollitt Construction Company completed some final work on some recorders. The reason they were help up was to continue to keep Sollitt's attention on the problem. Mr. Wells said, when ,these requests are approved, there will be approximately $3000 left to pay to final the project and there will be a final adjustment of quantities. Upon motion made, seconded and carried, Payment Requests No. 42 and 53 to the Sollitt Construction Company were approved. �{ RIVER BEND PLAZA APPLICATIONS APPROVED The following River Bend Plaza applications were submitted to the Board with Louis Wilcox's favorable recommendation: Thonas and Veronica,Niedbalski, Vending Truck, until fall. Junior Chess Championship, August 9 Robertson's Fashion Show - August 11 Senator Hartke - Constituent's Service Vehicle - August 1 Upon motion made, seconded and carried, the applications were approved. BONDS APPROVED The following bonds were submitted to the Board for approval: Ronald Dhaeze - Contractor's Bond to July 14, 1976 Foremost Homes, Inc. - Excavation Bond to July 25, 1976 Upon motion made, seconded and carried, the bonds were approved to the dates listed. BOND RELEASED Ray S. Andrysiak, Bureau of Engineering, reported to;the Board that the Contractor's Bond for Thaddeus Lewandowski, could be released, effective July 28, 1975. Upon motion made, seconded and carried, the Board released the bond, effective this date. STREET LIGHT OUTAGE REPORT The Street Light Outage Report for the period of July 17 through July 24 was received. Upon motion made, seconded and carried, the report was ordered filed. REQUEST FOR BLOCK PARTY, 1300 BYRON DRIVE RECEIVED The Board received a request from Carol Welling on behalf of the residents of the 1300 block of Byron Drive, to hold a Block Party on Saturday, August 9 from 6:00 p.m. until midnight. Mr. Barcome noted that Byron Drive is a heavily traveled street and he suggested that Mrs. Welling be contacted and asked if the Block Party could be moved to either Woodvale or York Road. Upon motion made, seconded and carried, the request was referred to the Bureau of Traffic and Lighting with the recommendation that the residents be asked to change the location of the Block Party. M REGULAR MEETING JULY 28, 1975 TITLE SHEET APPROVED SEWERS ON DR. ROBERT ALLEN PROPERTY The title sheet approving the plans for sewers on the Dr. Robert Allen property, west of Miami Street, just opposite the Scottsdale Mall entrance, was submitted to the Board. Upon motion made, seconded and carried, the title sheet approving the plans was approved. TITLE SHEET APPROVED AND BID ADVERTISING APPROVED ELWOOD SIDEWALKS The title sheet approving the plans for the Elwood Avenue sidewalks to be constructed at various locations on Elwood Avenue from Olive to Portage, under Barrett Law, was submitted to the Board. Upon motion made, seconded and carried, the title sheet approving the plans was approved. Mr. Wells recommended that construction bids for the project be advertised. Upon motion made,seconded and carried, the Board directed that the Clerk advertise for bids on August 1 and 8, with sealed bids to be received on August 18, 1975. REQUEST FOR TENT SERVICES DENIED A request from Elder W. 0. Coates to conduct tent services August 3 through 17 at 1017 Carroll Street and to use a city -owned lot at 1015 Carroll Street for parking was referred to the Legal Department for review. The following recommendation was received: "To: Board of Public Works From: Kathleen E. Cekanski Re: Request for Tent Revival I have reviewed the request of Emmanuel Church of Deliverance owned lots while owners attend August 3 through 17. by Elder W. 0. Coates Elder W. 0. Coates of the to park automobiles on city - the Church Tent Revival In referring tp attached memorandums sent by City Attorney James A. Roemer to the Board of Public Works on August 6, 1973 and June 24, 1974, there are two reasons for this denial. First, this request should be denied for constitutional reasons. The Establishment Clause of the First Amendment forbids the use of public property to further a religion and demands complete neutrality of the state. The lot at 1017 Carroll Street is presently being deeded to the City, while the lot at 1015 Carroll Street is city -owned. Thus, since the Church would be using the property for a non -secular purpose, this would violate the neutrality mandate of the First Amendment. A second reason dictating denial is the Fourteenth Amendment which requires equal protection of the law. If the City allowed one group to use the property it would be required to allow all similarly situated groups the same privilege. Even without the First Amendment problems, administration of this type of policy would be extremely difficult to manage and thus it would be impractical for the City to adopt that type of policy. For the above reasons, I recommend that the request be respectfully denied. S/ Kathleen E. Cekanski Deputy City Attorney 1 REGULAR MEETING JULY 28, 1975 5 1 r Upon motion made, seconded and carried, the Board approved the recommendation of Miss Cekanski and denied the request for the Tent Revival Services on city -owned lots. The Board directed that Mr. Coates be advised of the denial and suggested that he attempt to find private property for use for the services. There being no further business to come before the Board, upon motion made, seconded and carried, the meeting adjourned at 10:35 a.m. ATTEST: i v' Patricia DeClercq, Cler A. . Sei . Sei