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HomeMy WebLinkAbout12/15/75 Board of Public Works MinutesREGULAR MEETING DECEMBER 15, 1975 A regular meeting of the Board of Public Works was convened at 9:30 a.m. on Monday, December 15, 1975 by Chairman Rollin Farrand with all members present. Deputy City Attorney Kathleen Cekanski was also present. Minutes of the previous meeting were reviewed and approved. HEARING ON ASSESSMENT ROLL - VACATION RESOLUTION NO. 3421 This being the date set for holding a.hearing on the Assessment Roll for Vacation'Resolution No. 3421, 1975, hearing was held for the vacation of Iowa Street from the south right-of-way line of Prast Boulevard to the north right-of-way line of Westmoor Street and Kentucky Street from the south right-of-way line of Prast Boulevard to the north right-of-way line of 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. No remonstra- tors appeared and no written remonstrances having been received, the Assessment Poll showing no net damages and no net benefits was approved and said Resolution is in all things ratified and confirmed and said proceedings closed. HEARING ON PETITIO14 FOR FENCE AT 807 N. OLIVE STREET Deputy City Attorney Kathleen Cekanski reported to the Board that she met with -Mr. Farrand and Ralph Wadzinski in regard to the fence con- structed on the public right-of-way at 807 14. Olive Street. The presentation to the Board by Attorney Jack Dunfee on behalf of the petitioner, Benedict Leyba, was discussed from the legal standpoint.. Miss Cekanski said as a result of the meeting they have concurred that there should be an unsuccessful recommendation on the petition based primarily on the liability issue. Since the City has been put on notice that there is an encroachment of 15.5 feet on the public right-of-way, the City does have an obligation, from the liability standpoint, to take the necessary action. It was the consensus of opinion at the meeting that the fence should be ordered removed within a period of 30 days, weather permitting. It was also recom- mended that the pictures submitted by Mr. Dunfee of other alleged violations of the public right-of-way be investigated by the Engineering Department. Miss Cekanski said this would be her recom- mendation to the Board. Mr. Dunfee said he had no further cor_iments to make except to say that there is a much broader issue involved here that the property being discussed. Miss Cekanski said she felt it would be setting a bad precedent to allow a set amount of money to be placed on reserve in a situation such as this. Mr. Dunfee said in this day and age we are asking for citizen participation in government and when this particular citizen has gone to a lot of expense and time to provide a workable solution to a problem, he is slapped down. Mr. Dunfee said he realized it was the system which did not allow the Board to respond. Mr. Seitz said primary consideration should be given to the fact that there was a violation of the ordinance when the fence was put up on the public right-of-way. He said he appreciated Mr. Dunfee's concern but the Board has to consider the overall conse- quences of the entire situation. Mr. Farrand noted that there was a definite encroachment on the right-of-way involved, as evidenced by the traffic signs which were there when the fence was installed and which are now enclosed by the fence. Mr. Dunfee said there is an encroachment but he said there are many other violations where the traffic hazard is much greater. Ile cited the example of the situation at the Farmer's Market. Marchmont Kovas called the attention of the Board to a fence erected in the 1000 block of Riverside Drive at Yukon Street where pedestrians have to walk in the street to get around the fence. Mr. Dunfee then said Mr. Leyba was ready to rerlove the fence immediately if that was the Board's request. Mr. Barcome made a motion that action on the matter be deferred and that the City Engineer's Office be directed to investigate all the alleged violations cited in Mr. Dunfee's petition and any locations mentioned today to see if there are other encroachments. When the investigation is completed, a report will be made to the Board and action will be taken at that time. The motion was seconded and carried. 1 nm REGULAR MEETING DECEMBER 15, 1975 RECOMME14DATION TO A14ARD BID M FIRE DEPARTMENT PUMPERS APPROVED Chief Jack R. Bland was present and submitted to the Board a chart showing a comparison of the bids received for three Fire Department pumpers. Chief Bland said all the bidders were within the specifications on transmissions, with some minor differences in other areas. He said on the basis of a careful review of the bids, all bids could be eliminated from consideration except the bids of Peter Pirsch and Michiana Mack. There is a difference in.the total bid price of the two bids of $7,OOO per unit,.or $20,000. However, Chief Bland said the Pirsch bid is for a Louisville Ford Chassis and does present a problem with its size. Through the cooperation of Bradley Tinkliam, of Shamrock Ford, they took the truck out and tried to get it into Station Five and it was too big. The Chief said to accept the Peter Pirsch bid would require modification of the doors at certain stations and he did not know what expense would be involved in this. He said purchasing this equipment would severely limit the Department in the stations where the equipment could be located. Chief Bland said, on the basis of this size problem plus the fact that the•Department has purchased Mack equipment previously and used it with good experience., he was.recomriending that the Board accept the second low bid of Michiana Mack. Mr. Farrand asked Chief Bland if the Pirsch equipment was checked at more than one station and Chief Bland said they had -checked at five stations. Bradley Tinkham of Shamrock Ford was present representing Peter Pirsch and he said the rotating light on top of the unit could be replaced with side mounted lights which would meet the• lighting requirements and would eliminate the height problem. Gene Evans of the Civic Planning Association asked what kind of cost would be involved in rmodifying the station doors. Richard Hunt, Controller of the Public Transportation Corporation, was present and he advised the Board that the P.T.C. recently made some door modifications and the cost was about $6,000 for each door. Mr. Barcome made a•motion that the Board accept the recommendation of Chief Bland to accept the bid of Michiana Mack for three Fire Department Pumpers on their bid of $190,437.00. Mr. Farrand said he reviewed the bids in great detail with Chief Bland and he concurs in the motion and he seconded the motion. Gene Evans said he would pr-efer•to see the Board accept the low bid and use any money saved .f_or •modification of the doors. Mr. Farrand then noted that there have been other occasions where the Board has not taken the low bid because of experience with equipment. The question was called and the motion carried. RECOMMENDATION TO A14ARD BID - RENTAL OF UNIFORMS Mr. Farrand noted that he and Michael Vance; Deputy City Controller, had reviewed the bids for the rental of uniforms. There were some questions raised but Mr. Farrand said a meeting was held with repre- sentatives of Monarch Industrial Laundry, Inc., the Tow bidder; and the questions have been resolved. Monarch will provide the uniforms in compliance with the specifications. Upon motion made, seconded and carried, the Board accepted the low bid of Monarch Industrial Laundry of $107,237.52 for the rental of uniforms for a three-year period, subject to funding•in the budget by the Common Council for 1977 and 1978. It was noted that the money has already been budgeted for 1976. The Board directed that Kathleen Cekanski, Deputy City Attorney, prepare the contract document which is to include a sixty- day cancellation clause. CONTRACT APPROVED - RANDOLPH STREET RETENTION BASIN The contract with Ritschard Brothers, Inc. for the construction of the Randolph Street Retention Basin was submitted to the Board, along with the Maintenance Bond for the project. Upon motion made, seconded and carried, the Board signed the contract and approved the Maintenance Bond. REGULAR MEETING DECEMBER 15, 1_975 TRAFFIC CONTROL DEVICES APPROVED,-— The Bureau of Traffic and Lighting submitted to the Board requests for the following traffic control devices: A. Change one hour meter first space north of 100 East Jefferson East Side of Service Court #5 to a green curb space for quick turnover of parking. Upon motion made, seconded and carried, the change was approved. B. Remove Two Hour Parking Zone at 1902-1912 S: Main Street. Time zone no longer necessary. Upon motion made, seconded and carried, the removal was approved. C. Remove Two Hour parking Zone at 3010 W. Rogers Street. Time Zone no longer necessary. Upon motion made, seconded and carried, the removal was approved. D. Install No Parking Zone on East Side of Walnut Street from LaPorte to the first alley north of LaPorte. Upon motion made, seconded and carried, the installation was approved. E. Install Stop Signs on the north approach of Maplewood Street at Commerce Drive. Upon motion made, seconded and carried, the installation was approved. F. Install No Turn on Red Signs for eastbound traffic at Miami and the entrance to Scottsdale Mall. Upon motion made, seconded and carried, the installation was approved. APPROVAL OF CLAIM FOR OFF STREET PARKING STUDY Richard-B. Hunt of the Controller's staff was present and submitted to the Board a claim from Wilbur Smith and Associates for $14,000 for an Off Street Parking Feasibility Study authorized by the Board by contract dated July 9, 1973. Mr. Hunt said this study was com- pleted in accordance with the Parking Garage Bond Ordinance and the claim can now be approved. Mr. Barcome noted that this study is available to anyone interested. The study will now be updated every five years, in accordance with the ordinance. Upon motion made, seconded and carried, the Board approved the claim for payment. CHANGE ORDER APPROVED - HURON STREET CURB AND SIDEWALK IMPROVEMENT Change Order No. 1 for the Huron Street Curb and Sidewalk Improvement was submitted to the Board. The Chan e Order increased the contract with Rieth-Riley Construction Co. by R,916.70 and was to adjust the contract to as -built quantities. Upon motion made, seconded and carried, the Change Order was approved. PROJECT COMPLETION AFFIDAVIT APPROVED - HURON STREET IMPROVEMENT The Project Completion Affidavit for the Huron Street Curb and Side- walk Improvement was. submitted to the Board. The total cost of the project was $8,926.70. Upon motion made, seconded and carried, the Project Completion Affidavit was approved by the Board. The Maintenance Bond, effective until November 17, 1976, was filed with the Board. HOLIDAY SCHEDULE ADOPTED FOR 1976 The following schedule of paid holidays for 1975 for City employees was, upon motion made, seconded and carried, adopted: New Year's Day Washington & Lincoln's Birthday Good Friday Primary Election Day Memorial Day Friday before Independence Day Independence Day Thursday, January 1, 1976 Monday, February 16, 1976 Friday, April 16, 1976 Tuesday, May 4, 1976 Monday, May 31, 1976 Friday, July 2, 1976 Monday, July 5, 1976 REGULAR MEETING DECEMBER 15, 1975 Labor Day Monday, September 6, 1976 Election Day Tuesday, November 2, 1976 Veteran's Day Thursday, November 11, 1976 Thanksgiving Day Thursday, November 25, 1976 Friday following Thanksgiving Friday, November 26, 1976 Christmas Day Friday, December 24, 1976 BID A14ARDED - FIRE DEPARTMENT UNIFORMS The Board received a recommendation from Assistant Chief Joseph Nagy that the bid of Gerber Manufacturing Company, the only bid received for Fire Department uniforms for 1976, had been reviewed and approval was recommended. Upon m.otion.made, seconded and carried, the Board accepted the low and only bid of the Gerber Manufacturing Company of $70,000 for Fire Department uniforms and uniform equipment for 1976. CHANGE ORDER APPROVED - ELWOOD AVENUE CURB AND SIDE14ALK IMPROVEMENTS A change order for the Elwood Avenue curb and sidewalk improvements was submitted to the Board. The Change Order decreased the contract with the Batteast Construction Company by $2,658.73 and was the result of one property owner doing the curb and sidewalk work himself thus eliminating that amount from the contract. Upon motion made, seconded and carried, the Change Order was approved. t`J PROJECT COMPLETION AFFIDAVIT APPROVED - ELWOOD AVENUE IMPROVEMENTS L� The Project Completion Affidavit for the Elwood Avenue Curb and Sidewalk improvements was submitted to the Board for approval. The total cost of the contract with the Batteast Construction Company was $11,015.51. Upon motion made, seconded and carried, the Project Completion Affidavit was approved. The Maintenance Bond, ending December 1, 1978, was filed,with the Board. EASEMENT AGREEMENT APPROVED - WALTER AND DONNA NEMETH An Easement Agreement between the City of South Bend and Walter and Donna Nemeth was submitted to the Board. David A. Wells, Manager of the Bureau of Design and Administration, advised the Board that this agreement was in connection with the Crest Manor sewer project under construction. He said both the Engineering Department and Deputy City Attorney Kathleen Cekanski had reviewed the easement agreement and recommended approval. Upon motion made, seconded and carried, the Board approved the easement. EASEMENT AGREEMENT APPROVED - DONALD AND SHIRLEY CRUICKSHANK An Easement Agreement between the City of South Bend and Donald and Shirley Cruickshank was submitted to the Board. David A. Wells, Manager of the Bureau of Design and Administration, advised the Board that this agreement was in connection with the Crest Manor Sewer.Project under construction. He said both the Engineering Department and Deputy City Attorney Kathleen CEkanski.had reviewed the easement agreement and recommended approval. Upon motion made, seconded and carried, the Board approved the easement. RIVER BEND PLAZA APPLICATIONS APPROVED An application from Toby's Gift Shop was submitted to the Board. Permission was requested to place a sandwich sign board on River Bend Plaza in connection with a sale at the store. Douglas Simpson, Director of River Bend Plaza, recommended the application favorably. Kathleen Cekanski, Deputy City Attorney, advised the Boar.d.t.hat the request could be approved, providing the sign is off the public sidewalk in the street area and that liability insurance is provided. Upon motion made, seconded and carried, the Board approved the request, subject to the stipulations of the Deputy City Attorney. REGULAR MEETING DECEMBER 15, 1975 A request was received from the Muscular Dystrophy Association to conduct a Shamrocks for Dystrophy fund solicitation on River Bend Plaza on March 12, 1976. They have received a permit from the Charitable Solicitations Commission and the request was favorably recommended by Douglas Simpson, Director of River Bend Plaza. Upon motion made, seconded and carried, the request was approved. BONDS APPROVED Ray S. Andrysiak, Bureau of Engineering, recommended approval of the following bonds: Excavation Bond - Guy Rizek Plumbing, Heating and Cooling to 12/31/76 Contractor's Bond - Steve P. Ross to 12/31/76 Contractor's Bond - Northern Indiana Public Service Co. to 12/31/76 Excavation Bond - E. L. Zimmerman & Co., Inc. to 12/31/76 Excavation Bond - Bob Frame Plumbing & Heating, Inc. to 12/31/76 Excavation Bond - Sid's Plumbing & Heating Company to 12/31/76 Upon motion made, seconded and carried, the bonds were approved to the dates listed. BOND RELEASED - SPEEDY SEWER CLEANERS A request was received to release the Excavation Bond of Speedy Sewer Cleaners. Ray S. Andrysiak, Bureau of Engineering, recommended to the Board that the bond could be released. Upon motion made, seconded and carried, the Board released the bond of Speedy Sewer Cleaners, Inc. effective December 15, 1975. PURCHASE AGREE14ENT APPROVED - 239 N. STUDEBAKER STREET Deputy City Attorney Kathleen Cekanski submitted to the -Board a Purchase Agreement with Mr. & Tars. James Pope for the purchase of a city-o`med lot at 239 N. Studebaker Street. Miss Cekanski advised the Board that a contract for the sale of this lot was prepared at the offering price of $575. The prospective buyers offered a counter proposal to pay $375 for the lot with the stipulation that they would immediately repair the broken curb and sidewalk at the property. The Board requested and received permission from the Common Council to negotiate the price of the contract. The contract submitted to the Board today provides for the sale of the lot to Mr. & Mrs. Pope for a total price of $375, with the stipulation that they repair the curb and sidewalk with 30 days of closing, weather permitting. Upon motion made, seconded and carried, the Board approved the purchase agreement with Mr. & Mrs. James Pope for the sale of the city -owned lot at 239 N. Studebaker Street. STREET LIGHT OUTAGE REPORT FILED The Street Light Outage Report for the period of December 4 through December 12, 1975 was received. Upon motion made, seconded and carried, the report was ordered filed. 1 REGULAR MEETING DECEMBER 151, 1975 There being no further business to come before the Board, upon motion made, seconded and carried, the meeting adjourned at 10:45 a.m. ATTEST: 1 Ro in E. Farrand