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HomeMy WebLinkAbout06/04/1979 Board of Public Works Minutes70 REGULAR MEETING JUNE 4, 1979 A regular meeting of the Board of Public Works was convened at 9 :30 a.m, on Monday, June 4, 1979 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 MEETINGS APPROVED Mr. McMahon reported that the minutes of the regular meeting of May 29, 1979 had been reviewed and he made a motion that the minutes be approved as submitted. Mr, Mullen seconded the motion and it carried. Mr. McMahon noted that there was an emergency meeting held on May 31, 1979 to approve the Development Agreement between the City of South Bend, First Bank and Trust Company and RAHN Properties II for the First Bank Development. Mr. Brunner made a motion that the minutes of the Emergency Meeting be approved as submitted. Mr. Mullen seconded the motion and it carried. AGENDA ITEM ADDED Mr. McMahon noted receipt of an application for a Handicapped Parking Permit after the posting of the meeting agenda and he made a motion that the application be added to the agenda at this time. Mr. Mullen seconded the motion and it carried, HANDICAPPED PARKING PERMIT APPROVED - JACK BOWER The Board reviewed the application of R. Jack Bower, 16115 Ruthie Avenue, for a Handicapped Parking Permit. The application had attached a doctor's statement regarding the disability of Mr. Bower. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the application was approved and referred to the Controller's Office for issuance of the permit. OPENING OF BIDS - CLEVELAND ROAD TRUNK SEWER This was the date set for receiving bids for the Cleveland Road Trunk Sewer, Project CS513, for the construction of a trunk sewer from Bendix Drive to the U. S. 31 North By -Pass. 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: Woodruff & Sons, Inc. Michigan City, Indiana Bid - $887,849.50 Haskins, Inc. Lakeville, Indiana Bid - $822,490.00 H. DeWulf Mechanical Contractor Mishawaka, Indiana Bid - $999,165.00 Bid was signed by Frederick E. Woodruff, non - collusion affidavit was in order and a 5% bid bond was submitted. Bid was signed by Richard Haskins, non - collusion affidavit was in order and a 5% bid bond was submitted. Bid was signed by Henry DeWulf, non - collusion affidavit was in order and a 5% bid bond was submitted, 1 71 REGULAR MEETING Bartolini Excavating Company Mishawaka, Indiana Bid - $949,697.75 JUNE 4. 1979 Bid was signed by Dominic Barolini, non - collusion affidavit was in order and a 5% bid bond was submitted. Upon motion made by Mr. McMahon, seconded by Mr, Brunner and carried, the bids were referred to the Bureau of Engineering for review and recommendation. OPENING OF BIDS - PAINTING OF PARKING STRUCTURE NO. 1 This was the date set for receiving bids for the painting of Parking Structure No. 1, the Colfax Parking Garage. 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: A.Hartke & Son, Inc, Deputy City Attorney Terry Crone reviewed the bid and advised the Board that the non - collusion affidavit was not signed and -this is a fatal defect. Upon motion made by Mr, McMahon,, seconded by Mr. Mullen and carried the bid was rejected. Q Ziolkowski Construction Co. Bid was signed by Ben Ziolkowski, South Bend, Indiana non - collusion affidavit was in order and a bid bond was submitted. Bid - $4,925.00 Alternate No. 1 - $7.50 per square yard Mr. Paszli was present and advised the Board that the amount budgeted for the work is $5000.00. He requested that the Board make an award at this time. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Board accepted the low and only bid of Ziolkowski Construction Company for the painting of Parking Structure No. 1. OPENING OF BIDS - .INTEREST RATE FOR LEASE /PURCHASE OF FIRE EQUIPMENT This was the date set for receiving bids for the interest rate on the lease /purchase of fire equipment. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri- County News which were found to be sufficient. There were no bids received. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Board authorized readvertising for bids. RECEIPT OF BIDS - SALE OF ABANDONED VEHICLES This was the date set for receiving bids for the sale of approximately two hundred abandoned vehicles which have been towed to the City lot at 915 S. Olive Street. Mr, McMahon noted that the published notice of the sale listed June 4 as the date for receiving bids but did not specify a time. He noted that the Board would receive sealed bids until the close of business today, with the sealed bids to be opened at the next regular meeting of the Board on June 11, No bids received after the close of business today will be eligible for consideration. 72 REGULAR MEETING OPENING OF BIDS - SALE OF PLAZA PARK JUNE 4, 1979 This was the date set for receiving bids for the sale of the Plaza Park property. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri- County News which were found to be sufficient. There were no bids received. IMPROVEMENT RESOLUTION NO. 3473 CONFIRMED This being the date set, hearing was held on Improvement Resolution No. 3473 for the construction of sanitary sewers on Phillipa, Hillside, Highland and Delaware Streets. 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 receipt of a petition signed by property owners remonstrating against the project. Upon motion made by Mr, McMahon, seconded by Mr. Brunner and carried, the petition was ordered filed. Mr. McMahon then pointed out that the Board is not presenting the project to the property owners today for their consideration. The County Health Officer has mandated construction of the sewers. The Board has no jurisdiction when that approach is taken toward sewer construction. The Board has received an order from the Health Officer and that is where the matter stands now. The purpose of this meeting is to advise property owners of the amount to be assessed against their property for the sewer construction. Copies of the preliminary assessment roll were available and he said the Board would answer questions relating to the amounts assessed against each property. He noted that the Board has, in the past, offered sanitary sewers to this area. The majority of the residents remonstrated against the project. At that time, the City had offered to pay one -half the cost of the sewer construction. The preliminary assessment roll filed with the Board lists the cost of the construction at $138,000. The City will pay one -half of the cost and the property owners will be assessed for the other half in the amount of $69,390.40. The cost can be paid over a five -year period. Mrs. Elliott, 2215 Hillside, advised the Board that she is having a sewer problem and cannot get a permit for a new septic systems so she does want the sewers constructed. She submitted to the Board a number of photographs depicting the problem existing on her property. Upon motion made by Mr, McMahon, seconded by Mr. Brunner and carried, the photographs were filed. Property owners who spoke against the sewer construction were Dorothy Cressy, 2214 Delaware Street; Bill Biddinger, 2101 S. Carlisle; Jean Wesszo, 1718 S. Phillipa; Alice Young, 1713 S. Phillipa; Louis Wesszo, 1718 S. Phillipa; a spokesman for the Alice Eckler Lahey Estate, owner of Lots 301, 302 and 303; and Matthew Horvath, 2010 S. Olive; and B. Witczak, 2625 Prairie Avenue. County Councilman Velma Torzewski asked if the Board would delay action on this matter and meet with the Health Department to discuss the property where the problem is occurring. Mr. McMahon noted that the Health Department will not issue a permit for a septic system within the City limits. He said the Board was disappointed that the Health Department did not support it when an attempt was made to put sanitary sewers in this area earlier. It was felt that sewer construction was necessary in the area. The Board concurs with the Health Department in their position. Mr. McMahon then advised those present that state statutes require that a sewer assessment be based on the square footage of the lots. If an owner ownes multiple lots he will be assessed accordingly. Tap charges have been included on the assessment roll but if an owner with several lots wants only one tap installed, that can be arranged. However, the owner must advise the Board in writing if any taps are to be eliminated. Property owners asked if water could be made available at the same time the sewers are put in and they were advised they could petition the Water Works for installation of water which also would be done r- REGULAR MEETING JUNE 4, 1979 at their expense. Mr. McMahon then pointed out that the amounts assessed against property on the preliminary assessment roll are the maximum amounts the owners can be charged. If the construction goes over that amount, the City must pay the additional cost. If the construction is less than the estimate, property owners will pay a reduced amount. He noted that David Wells, Manager of the Bureau of Design and Administration, would be available to meet with individual property owners regarding their assessments, tap locations or answer any specific questions. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board confirmed Improvement Resolution No. 3473 for the construction of sanitary sewers on Phillipa, Hillside, Highland and Delaware Streets. TAXI LICENSE DENIED - BRAYLEON JENNINGS This was the date set for a hearing on the taxi license application of Brayleon Jennings. Mr. Jennings was present as was Attorney John Ennis. Mr. Ennis noted that the recommendation for denial of the license was based on misrepresentation of Mr. Jennings' birthdate on the application. He said Mr. Jennings has an Indiana Driver's License issued by the Bureau of Motor Vehicles showing a birthdate of 6/26/54 but his Indiana National Guard license lists a birthdate of 6/26/53. He said. there was some confusion because Mr. Jennings has a sister born 6/26/53 and a brother born in June of 1952. He said this was an honest mistake and not an attempt to falsify information. In regard to Mr. Jennings' felony record, he said he did have a felony conviction. However, the crime for which he pled guilty occurred when he was seventeen years and three months old as a juvenile and he was waived into adult court. He served time at an Indiana correctional institution and was paroled. There was some confusion regarding this in his mind since he was arrested as a juvenile and sent for a time to Parkview Detention Home. Mr, Ennis said Mr. Jennings has had no problems since he was paroled and this should be taken into account. His record since that time is clear. Mr. Brunner asked Mr. Jennings if he had two felony convictions and Mr. Jennings said he did. Mr. Brunner said the Board is concerned when there are crimes against persons and considers robbery in that sense. Some felonies and misdemeanors might not bear upon a person's right to drive a taxicab but Mr. Brunner said, in his opinion, robbery was not one of them. Mr. Ennis said the offense did occur while Mr. Jennings was a juvenile and he was waived into adult court. Mr. Brunner noted that it was apparent the juvenile authorities thought he should be treated as an adult. Mr. Ennis stated that the offense had occurred some time ago and that Mr. Jennings is now a driver in the Indiana National Guard. Mr. Brunner said that was noted, and the Board would consider reviewing the application in one year. Upon motion made by Mr. Brunner, seconded by Mr. McMahon and carried, with Mr. Mullen abstaining, the application was denied. SUBGRANT APPROVED - COMMUNITY SCHOOL CORPORATION Elroy Kelzenberg, Director of the Bureau of Employment and Training, submitted to the Board a Subgrant Agreement between the Bureau of Employment and Training and the Community School Corporation. The purpose of the Agreement is to implement a training program in Adult Basic Education Skills and job oriented skills and the agreement extends from June 1, 1979 to September 30, 1979 and the level of funding remains at $9,331.39. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the subgrant was approved. 3 74 REGULAR MEETING JUNE 4, 1979 BID ADVERTISING APPROVED - FLOOR COVERING FOR DISCOVERY HALL Richard Welch, Director of Discovery Hall, requested permission to advertise for bids for carpeting and floor the for the museum. Bid advertising would be placed on June 8 and 15, with sealed bids to be received on June 18. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Board approved the request. BID ADVERTISING APPROVED - PERMANENT EXHIBITS FOR DISCOVERY HALL Richard Welch, Director of Discovery Hall, requested permission to advertise for bids for the Permanent Exhibits at the museum. Bid advertising would be placed on June 15 and 22, with sealed bids to be received on July 9. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the request was approved. BID AWARDED - CITY CEMETERY FENCE Michael L. Vance, Chief Deputy Controller, advised the Board that the bids received for the fence at City Cemetery had been reviewed. He recommended that the low bid of the Morse Electric Company be accepted for the base bid at $21,600, plus Alternates A and D, for a total award of $31,800.00. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the bid award to the Morse Electric Company was approved, subject to approval of.the funding. BID ADVERTISING APPROVED - FIRST BANK DEVELOPMENT Patrick M. McMahon, Director of Public Works, requested that the Board approve advertising for bids for Excavation and Foundation Work for the public portion of the First Bank Center, with sealed bids to be received on June 25. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the request was approved. REQUESTS FOR SALE OF CITY -OWNED PROPERTY FILED The Board received a request from Charles Lahey regarding possible purchase of a city -owned lot at 230 Embell Court and from Charles Green regarding possible purchase of any city -owned property located at the northwest corner of Chapin and Western. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the requests were filed and referred to the Mayor's Office, Engineering Department, Community Development Department and Park Department for review and a determination as to whether the lots should be retained for any purpose. TRAFFIC CONTROL DEVICE APPROVED Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, requested that the Board approve revision of the No Parking Zone on the east side of Michigan, south of Navarre Street for one -half block to a two -hour parking zone, 6 a.m. to 6 p.m. The change was requested by the Bureau and the Police Department. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the recommendation was approved. REGULAR MEETING JUNE 4, 1979 REQUEST FOR LEFT TURN SIGNAL AT LA SALLE AND EDDY The Board received a letter from the Business Manager of the Cardinal Nursing Home at LaSalle and Eddy requesting that consideration be given to a traffic signal with a left turn signal at the intersection of LaSalle and Eddy. Upon motion made by Mr. McMahon, seconded by Mr, Brunner and carried, the request was filed and referred to the Bureau of Traffic and Lighting for review and recommendation. RIVER BEND PLAZA REQUEST APPROVED Michele Dobski, Director of River Bend Plaza, requested permission to sponsor the Adams High School Jazz Band on the Robertson's Stage on the Plaza on Wednesday, June 6 at 3:00 p.m. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the request was approved. BONDS APPROVED Ray S. Andrysiak, Bureau of Engineering, advised the Board that the following bonds submitted for approval were properly executed: A. Contractor's Bond for John Dudeck B. Excavation Bond for Home Engineering Company Upon motion made by Mr. McMahon, seconded by Mr, Mullen and carried, the bonds were approved. APPROVAL OF CLAIMS Michael L. Vance, Chief Deputy City Controller, submitted to the Board Claim Docket Numbers 10308 to 10550 and recommended approval. Upon motion made by Mr. McMahon, seconded by Mr, Brunner and carried, the Board approved Claim Docket Numbers 10308 to 10550 and directed that checks for payment be issued, SIGNING OF TITLE SHEET - PAVEMENT LOWERING AT MIAMI ST. VIADUCT The title sheet approving the plans for R & S 7906, pavement lowering under the Miami Street Viaduct, was submitted to the Board. Upon motion made by Mr, McMahon, seconded by Mr. Mullen and carried, the title sheet approving the plans was signed. SIGNING OF TITLE SHEET - ADDITIONS- SOLUBLE OIL DISPOSAL FACILITY The title sheet approving the plans for additions to the Soluble Oil Disposal Facility was submitted to the Board. Upon motion made by Mr. McMahon, seconded by Mr, Brunner and carried, the title sheet approving the plans was signed. There being motion made the meeting no further business to come by Mr. McMahon, seconded by adjourned at 10:35 ATT S Patricia DeClercq, Clerk before the Board, upon Mr. Mullen and carried, 75