HomeMy WebLinkAbout01/12/76 Board of Public Works MinutesREGULAR MEETING JANUARY 12, 1976
A regular meeting of the Board of Public Works was convened at 9:30 a.m.
on Monday, January,12, 1976 by Chairman Rollin Farrand with Mr. Farrand,
Mr. Brunner and Mr. Mullen present. Deputy City Attorney Kathleen
Cekanski was also present.
MINUTES APPROVED
Mr. Brunner reported that the minutes of the previous meeting of the
Board had been reviewed and he made a motion that the minutes be
approved as submitted. The motion was seconded by 11r. Mullen and
carried.
REQUEST FOR HEARING ON DENIAL OF TA11I LICENSE- STANLEY WAUMANS
An application for a taxi license for Stanley Waumans was denied by
the City Controller's Office upon the recommendation of Police Chief
Michael Borkowski. Mr. Waumans was present and told the Board that
he understood the application was turned down because of information
he did not put on the application. Mr. Brunner asked Mr. Waumans
if he was aware that his application indicated that.he did not have
an arrest record. Mr. Waumans said he thought that question referred
to a felony and he said .he never had a felony. Mr. Farrand noted
that in the past the Board had referred such matters to the Legal
Department and a representative of that department had met with the
applicant and conferred with the Police Department and then made a
written recommendation to the Board. Miss Cekanski asked Mr. Waumans
if he wanted an attorney. Mr. Waumans said he did not think he needed
an attorney. Miss Cekanski asked Mr. Waumans if he would be available
to meet with her immediately after the Board meeting today and Mr.
Waumans agreed. Mr. Farrand then made a motion that the matter be
set for public hearing on January 19, 1976 and that the application be
referred to the Legal Department for their review, with a written
recommendation to be submitted to the Board on Monday.
FILING.OF ASSESSMENT ROLL - VACATION RESOLUTION NO. 3424
Rollin E. Farrand, P. E., Cite Engineer, files with the Board an
Assessment Poll for Vacation kesolution No. 3424 for the vacation of
the first north -south alley east of Walnut Street, running north from
the north right-of-way line of Sample Street to the south right-of-way
line of the East-West alley between Fisher Street and Sample Street.
The following property may be injuriously or beneficially affected by
such vacation:
Lot 20 in Honer's Subdivision of Part of Bank Out Lot 101 and Lot 47
in Peck's 2nd Subdivision of Part of Bank Out Lot 101
The Board finds that each of said lots have been benefited in the
amount of $0.00 and damaged in the amount of $0.00.
Upon motion made, seconded and carried, the Board filed the Assessment
Roll and set Monday, February 9, 1976 at 9:30 a.m, as the time and
the Board of Public Works Hearing Room as the place where all persons
interested in or affected by such vacation may be heard.
BID AWARDED - ELEVATOR MAINTENANCE IN CITY PARKING GARAGES
The Board received a recommendation from Rollin E. Farrand,. City
Engineer, that the bid for the elevator maintenance for the City's
Parking Garages had been reviewed and he recommended acceptance. Mr.
Farrand noted that a telegram bid from Westinghouse Elevator Company
had been received in the amount of $680.00 per month, with the telegram
indicating that bid documents were being mailed. The bid documents
were never received. Upon motion made,by Mr. Farrand, seconded by
Mr. Brunner and carried, the Board accepted the recommendation and
awarded the contract for elevator maintenance service for the City's
Parking Garages to Economy Elevators, Inc. on their low bid of
$480.00 per month. Mr. Farrand asked that the Legal Department assist
in the preparation of the contract documents.
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REGULAR MEETING JANUARY 12, 1976
RIVER BEND PLAZA APPLICATIONS
Douglas Sinpson, Director of River Bend Plaza, was present and
submitted the following applications to the Board.
Winter Carnival - January 31 and February 1, 1976. Events
planned inc ude a snow sculpture contest, ski and sled demonstrations,
a snowmobile demonstration, rescue operation, display of winter
sports equipment, a treasure hunt, a winter art contest andwinter
sports movies. Hot cider and donuts will be sold. There was a
discussion regarding the liability requirements for these events.
Deputy City Attorney Kathleen Cekanski recommended that the application
be reviewed by the Legal Department. Upon motion madebyMr. Farrand,
seconded by Mr. Brunner and carried, the application was referred
to the Legal Department for a review of the liability insurance
requirements, with a recommendation to be made to the Board.
Right to Life Committee - Display Booth on January 22, 1976, including
display materials, music, speeches and hand-out brochures. There
was a discussion about whether the use of a loud speaker system_
is in violation of the Municipal Code. Upon motion made, seconded
and carried, the Board approved the application, subject to
clarification by the Legal Department of the fact that there will
be no violation of the Code in regard to use of loud speakers.
�—+ BONDS APPROVED
Ray S. Andrysiak, Bureau of Engineering, reported to the Board
that the following bonds were properly executed and could be
approved.
Contractor's Bond for Batteast Construction,Co, to 12/31/76
Contractor's Bond for Nunemaker Construction Co. to 12/31/76
Excavation Bond for Selge Construction Co. 60 12/31/76
Upon motion made.by Mr, Farrand,seconded by Mr. Brunner and carried,
the bonds were approved to the dates listed.
STREET LIGHT OUTAGE REPORT FILED
The Street Light Outage Report for the period of January 2 through
8 was received. Upon motion made, seconded and carried, the
report was ordered filed.
CHANGE ORDER APPROVED - WALNUT STREET RETAINING WALLS AND SIDEWALKS
Change Order No. 1 for the Walnut Street Retaining Walls and Sidewalk
Project was submitted to the Board. The Change Order increased the
contract by $7,426.80 and was recommended favorably to the Board
by Rollin E. Farrand, City Engineer, and Patrick M. McMahon,
Manager, Bureau of Public Construction. Mr. Farrand noted that this
change order was to adjust the contract to aS-built quantities and
said that the project was still under the.engineering estimate.
He said the Change Order was required.because there were no original
plans for the project available and some additional work was required
after construction got.underway. Mr. Farrand made a motion that
the Change Order be approved. Mr. Brunner seconded the motion.
Mr. Brunner then asked Mr. McMahon if the change order involved items
that were not anticipated at the time of the original contract.
Mr. McMahon said that an allowance of five to ten per cent is usually
provided in the contract to allow for such items. In this case,
the increase was twelve per cent because they were not aware they
would have to replace footings and as much of the east wall as was
necessary. There was no further discussion and the motion was carried.
REGULAR MEETING
JANUARY 12, 1976
PROJECT COMPLETION AFFIDAVIT APPROVED - WALNUT STREET RETAINING WALLS
The Project Completion Affidavit for the Walnut Street, Retaining Walls
and Sidewalk Project was submitted to the'Board. The final project
cost was $59,886.70. Mr. Farrand explained to the Board that this
certifies to the City that.the job is completed. A maintenance bond
for the project, along with waivers of lien, was submitted to the Board.
Upon motion made by Per. Farrand, seconded by Mr. Brunner and carried,
the Project Completion Affidavit was approved by the Board and the
Maintenance Bond, which is in effect until January 12, 1977, was filed.
Waivers of lien from the contractor and the sub -contractors were also
filed.
COMPLAINT RE: TREE CUTTING SERVICE AT WILLIAM AND MARION
The Board received a letter from Donald Fisher, 'President of the Park
venue Neighborhood Association, regarding a tree cutting service
operating at a vacant lot at the southwest corner of William and
Marion Streets for more than two years. Mr. Fisher said that on
Sunday, January 11 power saws were operating at the lot all day and
tree limbs were being burned in open fires. He asked the Board to take
some action. Forrest West, Building Commissioner, was present and
advised the Board that a complaint regarding this problem came to his
office last June 23. An investigation was made and on June 24, 1975
a "cease and desist" letter was sent to the owner of the property.
The letter requested compliance with the cease and,'desist order within
thirty days. Mr. West said an investigation then revealed that the
owner had not complied so the matter was referred to the Legal
Department on August 25, 1975. Marchmont Kovas of the South Bend
Tribune also spoke on this matter and told the Board that the problem
on Sunday, January 11 was a considerable one, with the noise from the
power saws and the burning. Mr. Kovas said it was his opinion that
open burning is a violation of the Code, 14r. West then advised the
Board that the property is owned by Dr. Alfred Fromm and it is zoned
Commercial. However, he said the uses to which the lot is being put
are not allowed within this zoning category. Mr. Farrand made a motion
that the matter be referred to the Legal Department for immediate
review with a report to be made to the Board next Monday. The motion
was seconded by Mr. Mullen and carried. The Board directed that the
Clerk request the Police Department to keep the lot under surveillance
to see if open burning is occurring and to take appropriate action.
PUBLIC HEAPING CONTINUED - VACATION PETITION OF DEPARTMENT OF
REDEVELOPMENT - VACATION RESOLUTION NO. 3419, 1975
This was the date set for a continuation of the public hearing on
Vacation Resolution No. 3419, 1975 for the vacation of all streets,
alleys and lots not previously vacated in the proposed replat of
River Bend Addition. Mr. Farrand noted that Kevin Butler, Attorney
for the Department of Redevelopment, advised the Board that correspondence
directed to some of the property owners in regard to this vacation
had been lost in the mail. It has been necessary to send new
correspondence for signature. Mr. Butler requested that the matter be
continued until February 2, 1976. Upon motion made by Mr. Farrand,
seconded by Mr. Mullen and carried, the hearing on the Vacation
Resolution was continued until February 2, 1976.
OFFER TO PURCHASE CITY -OWNED LOT AT 1711 LONGLEY
The Board received a letter from Joseph Gondek offering to purchase
a city -owned lot at 1711 Longley Avenue for $200.00. Kathleen Cekanski,
Deputy City Attorney, advised the Board that this property had been
prepared for sale by Board resolution submitted to the Common Council,
in accordance with the ordinance. An offering sheet and contract were
sent to Mr. VanOverberghe, Mr.Gondek's son-in-law, with an offering
price for the lot of $575.00, based on appraisal of the property.
Mr. Gondek's counter-offer was made because he said there is much curb
and sidewalk repair needed on the lot and it must also be filled and
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REGULAR MEETING JANUARY 12, 1976
levelled, Mr. Gondek estimated`the•costs of these repairs at $725.00.
Miss Cekanski said, according to the ordinance, the -Board can by,
resolution request that the Common Council authorize,them to negotiate
the purchase of the property. Upon motion made, seconded and
carried, the Board directed that Miss Cekanski prepare a resolution
to be submitted to the Common Council asking for authorization for
the Board to negotiate the sale of the city -owned property at
1711 Longley.
REQUEST FOR REDUCED CAB FARE FOR TWO INDEPENDENT CAB COMPANY -CABS
Grady Thompson, owner of the Independent Cab Company was present and
told the Board that he would like to paint two of his cabs red, white
and blue in honor of the Bicentennial Year and he would then offer
a 50�_ reduction on each fare in these two cabs. Mr. Thompson said the
cabs would have no meters, but the fare would be charged on the
speedometer reading and a 500, deduction would be made. Mr. Mullen
said he would be more agreeable to the suggestion if Mr. Thompson would
have meters in these cabs and deduct the 50G from the fare shown on
the meter. Mr. Thompson said he would be willing to do this. Mr.
Thompson was asked if the reduced fare would be in effect for the
Bicentennial Year. Mr. Thompson said if the Board allowed the,fare
reduction he would like to make it permanent. There was a discussion
,11 regarding how these special cabs would be dispatched and whether a
patron could request a Bicentennial Cab when he called for a taxi.
f"{ Mr. Thompson said the special cabs could be requested but patrons would
be advised if the wait would be too long and another cab had to be
dispatched. Since rates for taxicab fares are set by Ordinance by the
Common Council, the Board advised Mr. Thompson that the matter would
have to be researched by the Legal Department. A recommendation from
the Legal Department will be requested for the meeting of the Board
next Monday, January 19 and Mr. Thompson will be advised of the
Board's action in the matter. Mr. Mullen commended Mr. Thompson for
his efforts in offering a reduced fare to taxi cab patrons.
There being no further business to come before the Board, upon
motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the
meeting adjourned at 10:40 a.m.
'Rollin E. Farrand
ATTEST:
Patricia DeClercq, Clerk