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HomeMy WebLinkAbout01/19/76 Board of Public Works MinutesREGULAR MEETING JANUARY 19, 1976 A regular meeting of the Board of Public Works was convened by Chairman -Rollin E. Farrand at 9:30 a.m, on Monday, January.19, 1976 with Mr. Farrand, Mr. Brunner and Mr. Mullen present.. Deputy City Attorney Kathleen E. Cekanski was also present. MINUTES OF PREVIOUS MEETING APPROVED Mr. Farrand reported to the Board that he had reviewed the minutes of the previous meeting and he made a motion that the minutes as submitted be approved. The motion was seconded by Mr. Mullen and was carried. OPENING OF BIDS - GASOLINE AND FUEL OIL This was the date set for receiving bids for gasoline and other fuel requirements for the.City,of South Bend for 1976. The Clerk tendered proofs of publication of notice in the South Bend Tribune and in the Tri-County News which were found to be sufficient. The following bids were opened and publicly read: Smith Petroleum Company Bid was signed by Robert Thornhill, Fort Wayne, Indiana non -collusion affidavit was in order and a 10% bid. bond was submitted. Bid - 600,000 Gallons Regular Gasoline @ $.3539 per gallon 6,00,000 Gallons Unleaded Gasoline @ $.3712 per gallon Frasch Oil Cop an , Inc. Bid was signed by William E. Frasch, Mishawaka, Indiana non -collusion affidavit was in .order and a 10% bid bond was submitted. Bid - 600,000 Gallons Regular Gasoline Tangy: Wagon Delivery - 38.9c per gallon 600,000 Gallons Unleased Gasoline Tangy: Wagon Delivery - 40.9G per gallon 260,000 Gallons Diesel Fuel No. 1 Tank Wagon Delivery - 37.5c per gallon 960,000 Gallons Diesel Fuel No. 2 Tank Wagon Delivery - 36.5G per gallon Mr. Farrand noted that the bids differed in type of delivery and escalation clauses and said the entire bids would be reviewed. Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the bids were referred to Joseph Paszli, Manager of the Municipal Services Facility, for review and recommendation. PUBLIC HEARING ON ASSESSMENT- ROLL NO. 2978 - FELLOWS STREET -WIDENER LANE SANITARY SEWER This being the date set, public hearing was held on Assessment Poll No. 2978 for the Fellows Street -Widener Lane Sanitary Sewers, authorized under Improvement:Reso_lution No. 3406, 1974, adopted by the Board on September 3,.19.7.4. The Clerk tendered proofs of publi- cation of notice in the South -Bend Tribune and the Tri-County News which were found to be sufficient. Mr. Farrand explained that the purpose of this hearing was to give any property owners a chance to make comments or ask questions concerning their assessments. Mr. Farrand noted that each property owner should have received a notice giving them the amount of their assessment. Mr. Melvin Pasalich, 504 E. Ireland Road, said he did not receive a -notice. Ile said a notice was sent to Walter Pasalich, his brother, at 514 E. Ireland Road with a notice of assessment of $1312.80. He said Walter Pasalich is deceased. Mr. Farrand checked the assessment roll and advised Mr. Melvin Pasalich that he is listed on:the Assessment Roll at 504 E. Ireland Road with a total assessment of $571.40. He said Walter Pasalich, 514 E. Ireland Road, is listed with a separate assessment. The two assessments were combined in error and the notice was sent to Walter Pasalich. Mr. Farrand said the figure on the assessment roll for Melvin Pasalich was correct and was the one which would be used. Mr. Frank Palfi, 1001 Widener Lane, said the contractor bulldozed the property across the road from his property and now water runs down across the road and onto his yard. Patrick M. McMahon, Manager of the Bureau of Public Construction, advised REGULAR TWEETING JANUARY 19, 1976 1 Mr. Palfi that the City holds the Maintenance Bond for the contractor and that Mr. Hamilton will be .asked to correct this situation as soon as the frost is out of the ground. Mr. McMahon said the City is aware of the problem. Mrs. John Marroni, 901 Widener Lane, asked how the property owners would have to pay for the sewers. Mr. Farrand explained that the Treasurer's, Office would send each property owner a letter advising them of the amount of their assessment and also advising them that they can pay the cost.in full within thirty days or that they can come in and sign a waiver electing to pay the cost in five yearly installments at 6% interest, payable at the time they pay their real estate taxes. Mrs.. Marroni asked how the assessment was figured and why it was not figured on the front footage. Mr. Farrand said the method of assessment is set by state statute and they are required to use square footage. He said the Board does not have any option as to how to figure the assessment. Mrs. Marroni asked Mr. Far -rand if the Board could delay the assessment until they,are sure that all the property has been restored to the condition before the construction; Mr. Farrand said the City holds the Maintenance Bond for the project and that the contractor, Marion Hamilton & Son, Inc., would not receive 100% payment on the contract until all the.work has been completed satisfactorily. Mrs. Marroni said they were not notified prior to the construction of the sewers and she asked why they did not receive notice. Mr. Farrand said the Board is not required to send private notice to the property owners. All the Barrett Law requirements were met and those requirements are set .by State statute. Mrs. Maroni asked if, when this area was annexed into the City, any money was put aside for the sewers. Mr. Farrand said no but he said the 50%.of the City's share of this project comes from the Cumulative Sewer Fund to which these residents have not contributed. Mr. John Abraham, 502 E. Widener Lane, said he did not want to comment on the assessment but on the sewer construction itself which was a traumatic experience for the property owners. He said the men who were sent out to deal with the property owners did not use any finesse or expertise. Mr. Abraham said residents could not drive their cars to their homes, there was much inconvenience and many mufflers were damaged by cars having to drive over rough unpaved surfaces. Mr. Abraham said he was to be consulted as to where he wanted the tap placed on his property and he found out that the tap was put out at the corner of Widener Lane and Fellows Street and not at the property line. The tap is actually on City property. Mr. Abraham said he spoke to one of the workmen and was advised that this was done for the contractor's convenience because they did not have the right length of pipe. Mr. Abraham said he talked to a gentlemen in the Engineering Department, he believed was Mr. Wells, and was advised to tell Mr. Hamilton to move the tap in to the property line. Mr. Abraham said the tap was not moved and he.has photographs showing its location. Mr. Abraham said should the sewer clog up, he will come back to the City. Mr. Farrand asked that he be sent a.memo regarding this situation and said he would have it checked. Mr. Louis Campanaro, 722 E. Widener Lane, said he had an assessment of $1,001.31 against his property. He said this assessment included an easement on his property and he does not feel he should be assessed for the easement since he cannot ever build on that property. Mr. Farrand noted that the assessment is based on the requirements set by state law and the law makes no exception for easements. He said the Board has no discretion in the matter. Mr. Campanaro said he cannot keep people off the easement property and Mr. Farrand said he could fence the property if he wished. Mrs. Hildred Widener, 4829 Miami Road, said a fence was taken down to allow the Fire Department access to Widener Lane in case of an emergency during the construction period and the fence has not been replaced. She said the fence was to be replaced to keep traffic off their property. She also questioned the metes and bounds assessment for the property on the south side of Widener Lane. She said this property is in the process of being condemned by the State of Indiana and it will never be used for, residential purposes.. Because of this, she said she feels the metes and bounds assessment is rather high. Mr. Farrand said there is a different procedure used for metes and bounds assessments, but in this case also the Board has no discretion in that area with regard to how the assessment is figured. He said this improvement will place a higher value on the REGULAR MEETING JANUARY 19, 1976 property and that would be ta:k-p_ .,1 to consideration when the state buys the property. Mrs. Widener asked Mr. Farrand if he could give her the citation of the State Statutes which covers the methods used for assessment. Mr.. Farrand said he could not quote them to her at this time but he would be happy to provide her with that information. Mrs., Martha Laderer, 501 Widener Lane, said it was her understanding that there was no tee put in at their property line so they could hook-up. She asked why. Patrick 11. McMahon, Manager of the Bureau of Public Construction, said that unless the property owner requests that no tee be put in it should have been put in according to the plans. Mrs.. Laderer said they did not request that no tee be installed. Mr. McMahon said if there was no written request from the property owners not to install the tee it should have been installed. If that is the case, they will ask the contractor to install the.tee in the spring. Mr. Farrand advised Mrs. Laderer that the Engineering Department will check into the matter. Mrs. Knight,.925 Widener Lane, said there was a crack in their basement which they had repaired five years ago. The vibration from the sewer construction has caused the crack to open and they are afraid the basement will now leak. Mr. Farrand said he would have someone from the Engineering Department inspect the basement. Mr. Farrand then said that they intend to restore the original contours;of the area before the spring rains. Mr. Farrand was asked if storm drains will be installed and he said no. He said they intend to re-establish the pond that.former..ly existed. Mrs. Marroni said they did have storm drains to begin with and she felt that the street should be put back the way it was. Mr. McMahon said drainage pipe has been replaced but it might be plugged. Mrs. Marroni said she felt if the conditions were not corrected they might get water in their basement. Mr. Weldy, representing the Christian Center, asked why their assessment was based on a semi -circular area and said the sewer that was put in will not be functional except for the church building itself., Mr. Farrand said this assessment was a little different and was based on a 150 foot radius at the center of the property. He said he realized that the sewer did not benefit all of the property, but he said representatives of the Engineering Department did come out and walk the property and explain to Pastor Sumrall and to Mr. Weldy how the assessment was being made. Mr. Melvin Pasalich asked if his assess- ment would have to be refigured and Mr. Farrand advised him that the assessment on the assessment roll for his property was correct and it was this amount that he would be billed. Mr. Abraham thanked the Board for the opportunity to speak and suggested that more of a public relations job be done.on the next sewer project like this. Mr. Farrand said this is one of the most difficult Barrett Law projects the City has been involved in. He said he understood the problems the residents had with no access to their property, with the street torn up and with vandalism. He said he walked the construction site many times during construction. He said the City would hope that they would never run into that set of circumstances again. He said the City learned from the experience and so did the contractor. Mr. Farrand was asked about the replacement of lawns with sod. He explained that the City has had better results with mulch seed rather than sod. He said the lawns will be repaired in the spring. He again advised the property owners that the City holds the Maintenance Bond on the project and will hold it until the work is done satisfactorily. Mr. Pasalich asked if.there would be a hearing on the property repair before the maintenance bond is released. Mr. Farrand said there would not be another hearing but he said if the property owners are not satisfied in the spring they should contact the Engineering Department. Mr. Farrand.then asked if there was anyone else present who wished to speak on the Assessment Roll. No one else spoke on the matter. Mr. Farrand then made a motion that the Board approve Assessment Roll No. 2978 for the Fellows St. -Widener Lane Sanitary Sewers. The motion was seconded by Mr. Brunner and was carried.. Mr. Farrand then thanked the property owners present for their patience in this matter and he encouraged them to come in and tali; to Mr. McMahon who will be in charge of supervision in the field. He said Mr. McMahon would be happy to work with the property owners to see that the property is restored to their satisfaction. I 1 1 REGULAR MEETING JANUARY 19, 1976 WINTER CARNIVAL ON RIVER BEND_.,PLAZA,APPROVED The Board received a recommendation from the Legal Department on their review of the request to hold a Winter Carnival on River Bend Plaza on January 31 and February 1, 1976. It was recommended that approval be given provided that each sponsoring organization file with the Board of Public Works Certificates of Insurance in the amounts of $100,000-$300,000, with the City of -South Bend to be named as an additional insured on the Certificate or, in the alternative, that Hold Harmless Agreements be filed. Upon motion made by Mr..Farrand; seconded by Mr. Brunner and carried, the Board approvedthe application for the Winter Carnival activities on River Bend Plaza on January 31 and February 1, 1976 with the stipulation that the sponsors of each event file the required Certificates of Insurance with the Board. REPORT ON.ST. JOSEPH COUNTY RIGHT TO LIFE APPLICATION The following report was received from the Legal Department in regard to the review of the application of the St. Joseph County Right to Life Committee to operate a booth on River Bend Plaza on January 22,.1976: "Municipal Code Section 13-57 defines what acts are to be considered "loud, raucous or disturbing noices" within the City of South Bend. More specifically part (3) of this section states: The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing or reproducing.of sound which is cast upon the public streets for the purpose,of commercial advertising or attracting the attention of the public to any building or structure. As long as the activity sponsored by the Right to Life organization does not impede vehicular or pedestrian travel in its downtown location, it would be a permissable activity. Kathleen E. Cekanski Deputy City Attorney if Mr. Brunner commented that the first part of the ordinance modifies the language to give the ordinance the presumption of unconstitutionality. In light of the activities that have occurred on the Plaza in the past with loud speaker equipment, Mr. Brunner said that as long as the loud speaker does not have the effect of impeding vehicular or pedestrian travel, there would be no objection to the activity. It was noted that the Board received a letter from Councilman Roger Parent supporting the Right to Life Committee application. Mr. Brunner made a motion that the request of the St. Joseph County Right to Life Committee be approved and that they be given access to the mall on the date they have indicated. The motion was seconded by Mr. Farrand and carried. REPORT ON TAXI LICENSE APPLICATION OF STANLEY WAUMANS Deputy City Attorney Kathleen Cekanski.submitted the following report to the Board regarding her review of the application -of Stanley Waumans for a taxi license which was previously denied. "Mr. Waumans was interviewed immediately following the Board's meeting. He admitted that he had been in arrears in child support payments. He agreed to,have his two references contacted by letter (attached). The Board should specifically inquire as to why Mr. Waumans 8 REGULAR MEETING JANUARY 19, 1976 withheld information regarding hi§ police:'record. Secondly,,it should weigh the letters of recommendation it has received in response to the letters sent by the Department of Law. The Board should then weigh all the information available and make its decision accordingly, s/. Kathleen Cekanski Deputy City Attorney m Mr. Waumans was present. Mr. Brunner advised Mr. Waumans that the Board was concerned about the fact that he did not note on his application the fact that there was a charge of Reckless Driving on February 4, 1972, that a charge of Driving Under the Influence was dismissed but that Mr. Waumans was convicted of Reckless Driving and was fined $38.00 and court costs of $28.70. Mr. Brunner asked Mr. Waumans if there was some reason why he did not note this. Mr. Waumans said he just did not write it down. Mr. Brunner asked Mr. Waumans if there was some reason -why he did not note that he was arrested in Greencastle, Indiana in 1967 on a charge relating to child support. Mr. Waumans said he just did not note it. Mr. Brunner asked Mr. Waumans if he recalled a charge in 1969 relating to public intoxication. Mr. Waumans said he did. 11r. Brunner advised Mr. Waumans that including this information on his application would not; in itself, have prevented the license from being issued. He said the Board was concerned with Mr. Waumans failure to recollect these charges and list them on his application. Mr. Brunner said the Legal Department had asked for references but had not yet received any response. He said it would be his inclination to wait until these letters are received before the Board makes a final judgment on the matter. Mr. Brunner then made a motion that this matter be set over for final consideration one week from today, Monday, January 26, 1976, at which time the Board would make a determination. The motion was seconded by Mr. Mullen and was carried. REPORT ON REQUEST FOR REDUCED RATES IN BICENTENNIAL CABS Deputy City Attorney Kathleen Cekanski reported to the Board -that she had reviewed the request of the Independent Cab Company to offer a reduction in rates for two Bicentennial Cabs. Miss Cekanski said that since the rates governing taxicabs set by the Common Council are considered maximum amounts, rates under those amounts would be permissible. She recommended that the Board adopt a resolution setting forth the specifics of this project and making it a matter of public• record. A resolution to that effect was then submitted to the Board. Mr. Thompson of the Independent Cab Company was present. Mr. Brunner advised Mr. Thompson that the resolution indicated that these would be metered cabs. The Board was not willing to accept the suggestion that the cabs be unmetered and that the reduced fee be based on the total distance covered in the trip. The resolution states that the cab will be metered and that 50(,% would be deducted from the metered rate at the end of the trip. Mr. Thompson said what he had in mind was to offer a 50(,, reduction for each person per day if they took the cab both ways. He said if the meter could be set at 50(,% instead of 750, then there would be a 250 reduction for each trip. Mr. Brunner asked how potential customers would be advised of the saving. Mr. Thompson said he hoped newspaper stories would tell customers about it. Mr. Brunner asked Mr. Thompson if there would be something posted in the cab to the effect that a savings would be effected. Mr. Thompson said he could do this. Mr.Mullen asked Mr. Thompson how many cabs he had. Mr. Thompson said he has one and is now trying to purchase a second one and possibly a third cab. Mr. Brunner said this plan would then affect Mr. Thompson's entire fleet. Mr. Thompson said he hopes to have three cabs, two of which would be Bicentennial cabs. Mr. Brunner said the Board would not want to change the metered setting in the cabs. He said the meter should be set as the ordinance directs and then the reduction made on the total cost of the trip. Miss Cekanski noted that the ordinance does call 0 1 185 REGULAR MEETING JANUARY 19, 1976 for the setting of the meters;; in all cabs. Mr. Thompson said he would post in the cab the information that the passengers are entitled to a 25� reduction off,the metered rate for each trip. Mr. Mullen asked if this applied to each passenger in the cab and Mr. Thompson said that it did. Mr. Brunner said the resolution submitted to the Board this morning would have to be redrafted since the resolution indicated a 50y,reduction would be made at the end of each trip. Upon motion made by Mr. Brunner, seconded by Mr. Farrand and carried, the matter of the Bicentennial Cab reduced fare was tabled until January 26, 1976 so that the resolution can be redrafted and resubmitted to the Board. REPORT FROM LEGAL DEPARTMENT ON TREE CUTTING SERVICE AT WILLIAM AND MARION Mr. Brunner.reported to the Board that the Legal Department had researched the problem of a tree cutting service operating at William and Marion Street, brought to the attention of the Board last Monday. by Donald Fisher, President of the Park Avenue Neighborhood Association. Mr. Brunner said that Deputy City Attorney William Stanley has been involved in this case since last September. The Legal Department investigated the status of the case and finds that there presently is litigation pending against the owner of the property. Litigation is also pending against a third party defendant, Conrad Hansen, who is using the lot based on a verbal agreement with the owner, Dr. Alfred Fromm. Mr. Brunner said he had received a call from Mr. Hansen who assured him that the nuisance would be abated within one week's time. r-� Mr. Brunner said he asked Police Chief Michael Borkowski to have a beat U patrolman in that area check the lot from Friday through Monday to see if the nuisance was being abated. Sgt. James Rzeszewski, South Bend police officer was present and said he checked the lot on Friday and Saturday and no work was being done. On Sunday there was some work being done splitting logs. As of 9:30 this morning, Sgt. Rzeszewski said there was one man on the lot.splitting logs but very minor clean-up had been done. Mr. Mullen asked Sgt. Rzeszewski if there was any burning on the lot and Sgt. Rzeszewski said there was not. Mr. Brunner said while it would appear that Mr. Hansen was beginning to suspend operations, his agreement was that the nuisance would be abated and the lot cleaned up by today. Mr. Brunner said if the lot was not cleared by today, he would suggest that the City proceed with their pre-trial with respect to.a request for a temporary injunction. Mr. Stanley was present and said he would file an affidavit and ask for a temporary injunction hearing one week from the time of filing. Mr. Brunner said Mr. Hansen has had sufficient time to abate the nuisance which has been in existence since last September. He said Mr. Hansen should be aware that this injunction suit will be pressed immediately if the nui-sance is not cleared. Mr. Brunner then asked Sgt. Rzeszewski to give him a report tomorrow, January 20, as to whether the logs and barrels have been removed. Mr. Donald Fisher was present and said that he checked the lot this morning at 9:50 a.m, and there was one man working with a power saw. No clean-up has been done. Mr. Brunner then made a motion that the litigation proceedings pending be expedited if the nuisance which apparently is continuing on the Marion Street property is not abated by January 20, 1976. The motion was seconded by Mr. Farrand and was carried. ADOPTION OF RESOLUTION NO. 1, 1976 - SALE OF CITY -OWNED PROPERTY Upon motion made by.11r. Farrand, seconded by Mr. Mullen and carried, the following resolution authorizing the sale of city -owned real estate was adopted: RESOLUTION NO. 1, 1976 A RESOLUTION AUTHORIZING THE SALE OF CERTAIN PARCELS OF REAL ESTATE OWNED BY THE CITY OF SOUTH BEND, INDIANA REGULAR MEETING JANUARY 19� 1976 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; 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 30A-2 of the Municipal Code of the City of South Bend; and WHEREAS, the Board of Public Works now wishes to take the necessary action to make it possible for the Board, in the future, to sell said parcels of real estate pursuant to Chapter 30A of the Municipal Code of the City of South Bend. 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: Street Address Deed No. 524 S. Fellows Street 641 2. That this resolution shall immediately upon its adoption be submitted to the Common Council of the City of South Bend pursuant to Section 30A-2 of the Municipal Code of the City of South Bend. Adopted this 19th day of January, 1976. BOARD OF=PUBLIC WORKS CITY OF SOUTH BEND s/ Rollin E. Farrand s/ Thomas J. Brunner, Jr. s/ Peter H. Mullen ATTEST: s/ Patricia DeClercq Clerk APPROVAL OF PURCHASE AGREEMENT FOR SALE OF 1033 GEORGIANA Kathleen Cekanski, Deputy -City Attorney, advised the Board that in accordance with the Ordinance, procedures had been followed to establish the offering for sale of a city -owned lot at 1033 Georgiana Street. The value of the propety is under $1000 so the ordinance allows the Board to enter into a purchase agreement for the sale of the property without advertising. Miss Cekanski said she had drafted a purchase agreement for the sale of the property at a total price of $550.00.to Nellie Mae Smith and Mrs. Smith has signed the agreement. Miss Cekanski said the agreement was now ready for the Board's approval. Upon motion made by Mr.`Farrand, seconded by Mr. Mullen and carried, the Board approved the purchase agreement and directed Miss Cekanski to prepare the deed _for final closing. STREET LIGHT OUTAGE REPORT FILED The Street Light Outage Report for the period of January 9 through January 13 was received. Upon motion made by Mr. Farrand, seconded by Mr. Mullen and carried, the report was ordered filed. REGULAR MEETING JANUARY 19, 1976 FILING OF PETITION TO VACATE ALLEY - HOUSER MEDICAL CORPORATION Houser Medical Corporation., by its Attorney Jack C. Dunfee, Jr., files its petition to vacate the east -west alley between Marion and Navarre Street, running west from Lafayette Street to the inter- secting north -south alley. The petitioners plan to construct a medical facility in the area. Upon motion made by Mr. Farrand, seconded by Mr. Brunner.and.carried, the petition was filed and referred to the Engineering Department for review and recommendation and simultaneously to the Area Plan Commission for their review and recommendation. BOND APPROVED Ray S. Andrysiak, Bureau of Engineering, reported to the Board' that the Continuation Certificate for the Contractor's Bond of Cohagen Equipment Company had been properly executed and could be approved to 10/5/76. Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the bond was approved to the date listed. LETTER FROM MICHIANA MACK FILED The following letter was received by the Board: "City of South Bend Board of Public Works County -City Building South Bend, Indiana Gentlemen: I am sorry that due to a previous important commitment,. I am unable to attend this meeting to express my thoughts. It is my understanding that the fire apparatus bids of December 8th are being re-examined. Based on the letter of intent from the Board of Public Works, dated December 18, 1975, Ifichiana Mack, Inc. is committed to Mack Trucks, Inc. for three (3) Mack Pumpers, per our bid of December 8, 1975. I have already expended a great amount of time and a considerable amount of money to expedite the production of these units, in order to meet the delivery commitment in our bid. Two (2) of the chassis are already in transit from California to Indiana, at my expense (approximately $1,200.). It was necessary for me to proceed in this manner, because two (2) of the units bid were subject to prior sale. If I had not committed for these two (2) units and they had been sold, the delivery in a new order would be eighteen to twenty months. The difference in cost between the Mack fire apparatus and the lesser bids offered, only amounts to several hundred dollars per year over the life of the apparatus. These three (3) units will give you eight (8) pieces of Mack Fire apparatus with the same identical engines and running gear. The, South Bend Fire Department now has only two (2) types of diesel engines in service. If you were to purchase Ford trucks, with Cummins Engines, you would then have a third type and brand of engine and pump,.and another brand of chassis for your maintenance people to.be trained on and become familiar with. Seven (7) of the pumpers would have identical pump operations, which minimizes the training time for the fireman and contributes to faster and safer operation. REGULAR MEETING JANUARY 19, 1976 The overall height of some of the other apparatus bid will limit their use to three or four of your current stations, due to the low doors in the other stations. The Mack equipment we have bid meets or exceeds every detail on your specifications and we will give you certifications on any item that you request. In the past several years, I have delivered or have on order Mack Fire Apparatus totaling over $1,000,000. The quality and performance of Mack in fire service is undisputed and we at Michiana Mack, Inc., have proven our ability to give fast quality service on your fire apparatus. I will be happy to meet with any members of the board and the chief at your convenience. Yours truly, s/ Ronald I. Delcamp Vice President It was moved by Mr. Farrand, seconded by Mr. Brunner and carried, that the letter be ordered filed. It was noted that the public hearing on the appropriation of funds for the fire equipment will be held at the Common Council meeting this evening. BOND RELEASED - FRED BLACK CONSTRUCTION COMPANY Ray S. Andrysiak, Bureau of Engineering, reported to the Board that the surety had requested release of the bond of Fred Black Construction Company. Mr. Andrysiak said the contractor has filed a new bond with the Board and, therefore, this previous bond can be released, effective January 19, 1976. Upon motion made by Mr. Farrand,. seconded by 14r. Brunner and carried, the bond was released. CHANGE ORDER NO. 1 APPROVED - RANDOLPH STREET RETENTION BASIN Change Order No. 1 for the Randolph Street Retention Basin project was submitted to the Board. The Change Order increased the contract by $175.00. Mr. Farrand explained that the Change Order was to allow for a 6.5" post in place of the 4" post for a double swing gate. The Change Order was recommended favorably by Mr. Farrand and by Patrick M. McMahon, Manager of the Bureau of Public Construction. Upon motion made by Mr. Farrand, seconded by Mr. Mullen and carried, the Change Order was approved. CHANGE ORDER APPROVED - MIAMI-RIDGEDALE INTERSECTIO14•IIIPROVEMENTS Change Order.No. l for the Miami-Ridgedale Intersection Improvements was.submitted to the Board. The Change Order decreased the contract by $307.10 and was to adjust the contract to as -built quantities. The Change Order was favorably recommended by Mr. Farrand and Patrick McMahon, Manager of the Bureau of Public Construction. Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the Change Order was approved. PROJECT COMPLETION AFFIDAVIT APPROVED - P'MIA11I-RIDGEDALE INTERSECTION The Project Completion Affidavit for the Miami-Ridgedale Inter_ se,eti.on Improvements was submitted to the'Board. 'The' project . Had 1.a final cost of $23,828.90 and was within the budgeted amount. Mr.-Farrand and Patrick McMahon, Manager of the Bureau of Public Construction, recommended approval of the Affidavit. Upon motion made by Mr. Farrand, seconded by Mr. Mullen and carried, the Project Completion Affidavit was approved. G 1 [J REGULAR MEETING JANUARY 19, 1976 CHANGE ORDER APPROVED - MISHAWAP.A AVENUE SIGNALIZATION Change Order No. 1 for the Mishawaka Avenue Signalization Project was submitted to the Board. The Change Order increased the contract by $1,210.40 and was to adjust the contract to as -built quantities. It was determined in the field that the location of the power source for the signal would have to be relocated and this resulted in part of the increase.- Mr. Farrand and Mr. McMahon recommended the Change Order favorably to the Board. Upon motion made by PZr.-Farrand, seconded by Mr. Mullen and carried, the Change Order was approved. PROJECT COMPLETION AFFIDAVIT APPROVED - MISHAWAKA AVENUE SIGNALIZATION The Project Completion Affidavit for the Mishawaka Avenue Signalization was submitted to the Board. The Project had a total cost of $42,702.70 and was within the budgeted amount. Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the Project Completion Affidavit was approved. CERTIFICATE OF INSURANCE FILED - COLE ASSOCIATES, INC. A Certificate of Insurance received from Cole Associates, Inc. was reviewed by Deputy City Attorney Kathleen Cekanski. Miss Cekanski recommended that it be filed with the Board. Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the Board filed the certificate. APPROVAL OF THREE WAY STOP AT EDISON AND'HICKORY Ralph Wadzinski, Manager of the Bureau of Traffic and Lighting, recommended to the Board that a three way stop be installed at the Hickory and Edison intersection. Mr. Wadzinski said the installation was being made with the concurrence and participation of the City of Mishawaka. Upon motion made by Mr. Farrand, seconded by Mr. Mullen and carried, the Board approved the installation with the City of South Bend to be responsible for the southwest quadrant. SIGNING OF TITLE SHEET - AIRPORT INDUSTRIAL PARK, PHASE FOUR The Title Sheet.approving the plans for the Airport Industrial Park, Phase Four, was submitted to the Board. Mr. Howard Bessire and Mr. Gerald Phipps were present. Mr. Bessire advised the Board that the Economic Development Association has given a grant of $1,004,000. toward this project. The contract will include a bridge across the toll road and a part of the project is for the widening of Bendix Drive and Cleveland Road. Mr. Bessire said he would like authorization from the Board to advertise for bids for the project. There was some discussion regarding the bid advertising. Mr. Farrand noted that there is still some right-of-way acquisition to be completed and he suggested that the Board approve the title sheet but delay setting the advertising for bids. Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried, the Board signed the title sheet approving the plans for the Airport Industrial Park, Phase Four. BID AWARDED - CENTURY CENTER HOLLOW METAL AND FINISH HARDWARE The Board received a recommendation from Patrick M. McMahon, Manager of the Bureau of Public Construction, that he had reviewed the bids received for the contracts for Hollow Metal and Finish Hardware for Century Center and he was recommending that the Board accept the bid and award a contract for the Civil City's share of the contract to the low bidder, Miller Steel & Supply Company, on their low bid of $119,613. The City's share of the contracts is $65,787.00. Mr. McMahon noted that the Building Authority will be awarding their share of the contract to Miller Steel & Supply Company in the amount of $53,826.00. Upon motion made by Mr. Farrand, seconded by Mr. REGULAR MEETING JANUARY 19, 1976 Brunner and carried, the Board accepted the low bid of Miller Steel & Supply Company and awarded the City's share of the contract for Finish Hardware and Hollow Metal for Century Center to them in the amount of $65,787.00. There being no further business to cone before the Board, -upon motion made by Mr. Farrand, seconded by Mr. Mullen and carried, the meeting adjourned at 11:20 a.m. Mr. Farrand reconvened the meeting at 11:30 a.m. to consider two proposals received regarding the gasoline bids. Both letters were postmarked January 15 and were received in the Counter -City Building this morning but were not delivered to the Board until the meeting had adjourned. Deputy City Attorney Kathleen Cekanski advised the Board that she would recommend the proposals be opened at this time. Amoco Oil Company A letter was received, signed by H. L. Heinig, Supervis:or-,.>Rroduct Pricing Department, advising the Board that because of the Federal Regulations allocating the volume of petroleum products, they are precluded from submitting a bid. Mr. Heinig indicated that they would continue to•supply their customers consistent with federal or voluntary allocation programs, with prices at the lawful levels in effect on the date of shipment. Current transport delivery prices were then listed as follows: Amoco Regular Gasoline 35.716, Amoco Lead Free Gasoline 37.39c, Amoco #1 D.F. 35.30(,%, American #2 D.F. 33.27(,%, and Amoco Furnace Oil 33.50(�. Atlantic Richfield Company A letter was received, signed by-C. P. Oonk, advising the Board that they were not able to submit a bid on fuel requirements. They indicated that if the City was able to -secure a bid as requested, they would request a letter releasing them from supply obligation. If no bid is received and acceptable, they would continue to supply the City requirements for Diesel Fuel for the Wastewater Treatment Plant. Since neither of the letters was a bid on the gasoline and fuel requirements, upon motion made by Mr. Farrand, seconded by Mr. Mullen and carried, the letters -were -ordered filed. Mr. Farrand made a motion for adjournment, seconded by Mr. Mullen and carried, and the meeting adjourned at 11:25 a.m. in E. Farrand T mas J u Jr. eter Y. Tfullen ATTEST: r Patricia DeClercq, Clerk