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HomeMy WebLinkAbout12/31/1979 Board of Public Works Minuteson REGULAR MEETING DECEMBER 31, 1979 A regular meeting of the Board of Public Works was convened at 9:30 a.m. on Monday, December 31, 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 December 17 had been reviewed and he made a motion that the minutes be approved as submitted. Mr. Brunner seconded the motion and it carried. Mr. Mullen reported that the minutes of the special meeting of December 19 had been reviewed and he made a motion that they be approved as submitted. Mr. McMahon seconded the motion and it carried. Mr. McMahon reported that the minutes of the December 26 meeting had been reviewed and he made a motion . that they be approved as submitted. Mr. Mullen seconded the motion and it carried. 14AYOR NEMETH EXTENDS APPRECIATION TO BOARD Mayor Peter J. Nemeth was present and extended his thanks to the members of the Board for their dedicated service during the four years of his administration and extended best wishes to the Board members for the future. OPENING OF BIDS - AMBULANCES This was the date set for receiving bids for an ambulance for the Fire Department. 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: Hawk Equipment Company Bid was signed by D. M. Fridlin, Noblesville, Indiana non - collusion affidavit was in order and a 10% bid bond was submitted. Bid - $42,979.00 Trade -in Allowance - $800.00 Wheeled Coach Corporation Orlando, Florida Bid was signed by John A. Amos, non - collusion affidavit was in order and a certified check was submitted. Bid - $40,000.00 Trade -in Allowance - $2,000.00 Shamrock Ford Trucks Bid was signed by B. S. Tinkham, South Bend, Indiana non - collusion affidavit was in order and a certified check was submitted. Bid - $34,275.00 Trade -in Allowance - $2,750.00 Midwest BioTelemetry Systems Bid was signed by Gerald F. Perozzi, Chicago Heights, Illinois non - collusion affidavit was in order and a certified check was submitted. Bid on Equipment Only - Item 23.1 and 23.2 - $11,000.00 Care -A -Van, Inc. Bid was signed by James E. Talkington, Anderson, Indiana non - collusion affidavit was in order and a 10% bid bond was submitted. Bid - #1 - $39,307.50 #2 - $35,602.50 #3 - $33,316.50 Trade -in Allowance - $1,000.00 n, iJ 1 I REGULAR MEETING DECEMBER 31, 1979 297 Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the bids were referred to the Fire Department for review and recommendation. VACATION RESOLUTION NO. 3483 CONFIRMED This was the date set for holding a public hearing on Vacation Resolution No. 3483, for the vacation of the first east -west alley south of Napier Street, running west from-Walnut Street to 6' east of the north -south alley between Lots 34 and 39 of Knoblocks Sub. of B.O.L. 83 for a distance of 114'. 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 petitioner is Masterbilt, Inc. R. R. Kowalewski, President of Masterbilt, was present as was attorney R. J. DuComb. Mr. DuComb noted that the purpose of the petition is to allow expansion of the business and the parking facilities. He advised the Board that the petitioner, at the request of the City, has deeded an easement to' "provide turning radius into the north -south alley. There were no remonstrators present and no written remonstrances were filed with the Board. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Board confirmed the Vacation Resolution and directed preparation of an Assessment Roll. APPROVAL OF LEASE - CETA OFFICE AT 320 W.�JEFFERSON A lease between the City of South Bend and James and Joan Nafe for the leasing of premises at 320 W. Jefferson Blvd. for CETA Office space was entered into by the Board previously. Deputy City Attorney Terry A. Crone has prepared a new lease for the space for one year, from January 1, 1980 through December 31, 1980, at a lease payment of $39.334.20. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the lease agreement was approved. CETA SUBGRANTS APPROVED Elroy J. Kelzenber, Director of Manpower and Training, submitted to the Board several subgrant agreements for the CETA program. Mr. Kelzenberg was not in attendance but the bureau was represented by Thomas Becker. The following subgrant agreements were considered by the Board: A. Indiana University at South Bend from 10/1/79 through 9/30.80 in the amount of $134,657.00 B. ACTION, Inc. from 10/1/79 to 9/30/80 in the amount of $94,875.00 to provide weatherization service to qualified homeowners. C. American Heart Association from 10 /1/ 79 to 9/30/80, to reflect that the City will become payroll agent for the subgrant. D. Northern Indiana State Hospital and Developmental Disabilities from 10/1/79 to 9/30/80. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the subgrant agreements were approved. REGULAR MEETING ' DECEMBER 31; 1979 TERMINATION OF LEASE - SOLUBLE OIL DISPOSAL FACILITY Mr. McMahon recommended that the Board take action to terminate the lease with Prenco, Inc. for the operation of the Soluble Oil Disposal Facility. The termination is to be effective September 30, 1980, with the Prenco organization allowed to operate the existing units at the site during that period. Mr. McMahon recommended that the City Attorney's office be requested to draft an appropriate document for notification of the lease termination. Mr. Brunner asked the basis for the termination and Mr. McMahon said by mutua.1 agreement between the City, the Mayor -elect and the neighborhood organization it is felt it would be in the best interests of the City to terminate the lease, with the condition that Prenco be allowed to operate for this nine -month period while they seek an alternate site for the operation. It is anticipated the facility will be handling an increasing level of soluble oil waste in the upcoming years. Mr. Mullen asked if this was a mutual agreement between the City and Prenco. Mr. McMahon said he believed that Mr. Brophy was in agreement but he would be discussing the matter, with him today. Mr. Brophy has indicated there would be no fiscal. damages to the City from the termination. Mr. Mullen suggested that this agreement be obtained in writing from Mr. Brophy. Mr. McMahon made a motion that the Board take action to terminate the lease with Prenco, Inc., effective September 30, 1980, and that the Legal Department draft the document of notification. Mr. Brunner seconded the motion and it carried. In response to a. question from a citizen, Mr. McMahon noted that the Prenco organization will be able to use the existing facility in the interim period but not the new burning unit. ESCROW AGREEMENTS FOR FIRST BANK CENTER APPROVED The Board received Escrow Agreements with contractors for the First Bank Center project. The agreements provide that interest will be paid on retainage funds. The contractors involved are Ritschard Brothers, Inc. for the excavation, Henry- Williams, Inc. for the foundations and Thatcher Engineering Corporation for sheet and bearing piling. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the agreements were approved. CONTRACT FOR DEPUTY PROSECUTOR APPROVED John Cimino, Criminal Justice Planner, submitted to the Board a contract between the City of South Bend and St. Joseph County which provides for the hiring of a Deputy Prosecutor through a criminal. justice grant. The contract has been approved by the County Commissioners. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the contract was referred to the Legal Department for review and recommendation. APPROVAL OF PURCHASE OF ROCK SALT Patrick McMahon, Director of Public Works, advised the Board that he was able to enter into an agreement with Domtar Industries to purchase 3600 tons of Rock Salt at a much more competitive price than has been offered to the City this year. In order to secure the salt at the quoted price, he entered into the purchase as an emergency action and he requested that the Board approve that action. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Board confirmed the purchase agreement for the rock salt. C: REGULAR MEETING DECEMBER 31, 1979 299 BIDS AND CONTRACTS AWARDED - NEW FIRE STATION NO. 11 Patrick._ McMahon advised the Board that the bids received for the construction of new Fire Station No. 11 at the corner of Bendix Drive and Cleveland Road have been reviewed. James Childs, Architect, was present and submitted to the Board the following recommendations for award: General Construction to the low bidder, Verkler Contractors, Inc. at a negotiated bid price of $312,510.00. Electrical Construction to the low bidder, Colip Electric Company, at a bid price of $38,176.00. Contract documents for the bid awards have been prepared and are ready for approval by the Board. In addition, the contract with Stickler Plumbing and Heating Co. for the Mechanical Construction, in accordance with the low bid awarded by the Board, is also submitted for approval. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board awarded the bids as recommended and approved the contract documents, subject to receipt of the required Performance Bonds and Labor and Material Payment Bonds and the Certificates of Insurance. CHANGE ORDER APPROVED - FIRST BANK CENTER PROJECT - SHEET PILING A Change Order in the Contract with Thatcher Engineering Corporation for sheet and bearing piling for the First Bank Center project was submitted to the Board, recommended for approval by the Construction Manager and the Architect. The hange Order decreases the contract by $1,238.38. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Change Order was approved. CHANGE ORDER APPROVED - CURB IMPROVEMENTS, OLIVE AND WASHINGTON Change Order No. 1 in the contract with Murdock and Sons, Inc. for curb improvements at the southeast corner of Olive and Washington was submitted to the Board. The Change Order increases the contract by $2,100.00 and covers construction of a concrete drive. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Change Order was approved. CHANGE ORDER AND COMPLETION AFFIDAVIT APPROVED - MICHIGAN /MAIN CONNECTOR The Final Change Order in the contract with Rieth Riley Construction Company for the Michigan /Main Connector was submitted to the Board with the favorable recommendation of Patrick McMahon, Director of Public Works, and John Leszczynski, Manager of the Bureau of Public Construction. The Change Order adjusts the contract to as -built quantities and decreases the contract by $7,681.47. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Change Order was approved. The Project Completion Affidavit was also submitted. Final cost of the project is $347,950.09 and the Maintenance Agreement extends until December 31, 1982. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Completion Affidavit was approved. 300 REGULAR MEETING DECEMBER 31, 1979 CHANGE ORDER AND COMPLETION1 AFFIDAVIT APPROVED CURB IMPROVEMENTS, MIAMI, YORK, SHERIDAN AND CLAYTON The final Change Order in the contract with Rieth Riley Construction Company for curb, sidewalk and street improvements on Miami, York, Sheridan and Clayton was submitted. The change order adjusts the contract to asbuilt plans and increases the contract amount by $2,008.13. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the change order was approved. The Project Completion Affidavit for the project was submitted, indicating the final cost was $56,714.85. The Maintenance Agreement extends until December 31, 1982. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Completion Affidavit was approved. CHANGE ORDER AND COMPLETION AFFIDAVIT APPROVED SCARIFICATION AND PAVING The Final Change Orcter in the contract with Walsh and Kelly for Scarification and Paving was submitted to the Board. The change order adjusts the contract to as -built quantities and decreases tine contract amount by $142.73. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Change Order was approved. The Project Completion Affidavit was submitted, indicating the final cost of the project was $296,709.40. The Maintenance Agreement is to extend until December 31, 1982. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Completion Affidavit was approved, subject to the filing of the Maintenance Bond. Mr. Chris Elser, 602 S. Warren Street, was present and complained that Ford Street is in no better condition than when the work was done. The contractor chiselled a channel along the curb to allow the water to run down and water now collects and the problem is still there. John Leszczynski, Manager of the Bureau of Public Construction. advised the Board that the contractor is aware of the problem and is trying to correct it. The City has required a Maintenance Bond and the contractor will be required to resolve the problem. APPROVAL OF LEASE - MICHIANA REGIONAL WAREHOUSE I4r. McMahon noted that the City has leased space in the old Studebaker Foundry Building on Cotter Street for storage of salt and Street Department materials. The Lessor has requested a fifteen per cent increase in the lease payment and has notified the City that the new lease should be written in the name of Michiana Regional Warehouse. Deputy City Attorney Terry Crone has prepared a new lease reflecting the new name and lease payment. The lease provides for 37,800 square feet of storage space. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the lease was approved. VEHICLE LEASE APPROVED A Lease Agreement with Gurley Leep Buick for a car for the City Controller was submitted to the Board for approval. The lease is for a 1980 Buick Skylark, at a total monthly lease payment of $151.08. Deputy City Attorney Terry Crone has reviewed the lease and recommended approval. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the lease agreement was approved. 1 REGULAR MEETING DECEMBER 31, 1979 301 TRAFFIC CONTROL DEVICE APPROVED Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, recommended approval of a 15 Minute Parking Zone at 2921 W. Sample Street, at the request of a business place at that location, to provide turnover of parking spaces. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the recommendation was approved. REPORT ON PETITION FOR ONE; -WAY STREETS Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, reported to the Board that he had reviewed the petition of residents of the Tower of Power Neighborhood Group for the designation of one -way streets in an area bounded by Western Avenue, Kosciuszko Street, the railroad and Meade Street. He made the following recommendations: 1. Meade Street, excluded from the study and to remain as is. 2. To remain as two -way streets: a) Olive Street, arterial street b) Kosciuszko Street - wide enough (36') to carry c) Huron Street - minor collector, east -west d) Ford Street - major collector, east -west e) Dunham Street - only three blocks long. 3. To become one -way streets - (Directional decision based heavily upon eliminating most number of access points to Western Avenue) 4. It should be noted that the north -south streets south of Ford Street are to remain open to future reevaluation due to possible future road closures which may affect emergency vehicle flow, and possible cause adverse effects on traffic flow in general. 5. With the advent of the one -way systems, certain existing traffic controls will be reevaluated: a) Ford Street - presently a 25' wide two -way street with one side parking. Reevaluate for parking removal on both sides to carry increased traffic flows forced by one -way patterns. b) Pulaski and Huron Streets - multi -way stop. Reevaluate for reversion to a one- direction stop (for Pulaski Street only). Mr. Wadzinski asked that the Board file his recommendations to be considered at a future meeting of the neighborhood group. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the recommendation was filed. ST. ADALBERT'S MARATHON APPROVED Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, reported he had reviewed the request of St. Adalbert's Church for a Marathon to be held on July 27 with the Police Department Traffic Detail. The route is acceptable and approval is recommended. The organization is to contact Captain Sweitzer two weeks prior to the marathon to coordinate final arrangements. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the recommendation . was approved. m REGULAR MEETING DECEMBER 31, 1979 ENCROACHMENT APPROVED - RAILWAY EXPRESS BUILDING The Smith -White Partnership requested that the Board approve an encroachment in the public right -of -way at the Railway Express Building on West South Street. The building is being renovated and they are requesting an encroachment to allow exit doors to swing over the property line and to install a 30 inch planter strip along the building. The Building Department has reviewed the request and recommends approval. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board approved the encroachment, subject to the filing of a Certificate of Insurance with the Board. DAFFODIL SALE APPROVED - AMERICAN CANCER SOCIETY The American Cancer Society submitted a request to the Board to conduct the annual Daffodil Sale on the public sidewalks on River Bend Plaza and at the American Bank and County -City Building on March 28 and 29. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the request was approved. REQUEST FOR MARATHON FILED - ST. JOSEPH COUNTY BLOOD BANK The St. Joseph County Blood Bank submitted a request to hold a Marathon on May 24, 1980. The proposed route was submitted in accordance with the guidelines for Marathons. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the date was reserved for the organization and the request was referred to the Bureau of Traffic and Lighting and the Police Department for review and recommendation. MICHIANA LUNG RUN REQUEST FILED The Board received a request from Donald Dake to hold the second. Michiana Lung Run in South Bend. The date requested is June 7, 1980 and the route was submitted. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board approved the date for the organization and the request was referred to the Bureau of Traffic and Lighting for review and recommendation. IMPROVE14ENT RESOLUTION NO. 3461 RESCINDED The Board, at the request of property owners, had adopted an Improvement Resolution for the paving of an alley at the request . of property owners. Following a hearing on the matter when an estimate of cost was presented, the owners requested that an alternate estimate for the cost of asphalt paving be prepared and submitted to them for consideration. The Board prepared the second estimate and submitted it to the property owners, through. Mrs. Dorothy Beghtel who was to contact other owners. Mrs. Beghtel has now advised the Board that the property owners are no longer, interested in pursuing the matter. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board rescinded Improvement Resolution No. 3461 and the improvement will not be made. 1 r REGULAR MEETING STREET LIGHT Ri;COMMENDATION APPROVED DECEMBER 31, 1979 303 Joseph J. Pluta, Assistant Manager of the Bureau of Traffic and Lighting, submitted to the Board the following street light recommendation: Remove - 1200 Eaton 7,000L MV OH WP $4.80 /mo. Upon motion made by Mr. McMahon, seconded by Mr Mullen and carried, the recommendation was approved.. HANDICAPPED PARKING PERMITS APPROVED The Board received applications for Handicapped Parking Permits from the following 'individuals: Joseph G. Troutman, Jr,, 2403 E. Corby Robert W. Overman, 1527 Rockne Drive Betty L. Campbell, 1547 Hickory Road Mrs. Robert Galvas, 28721 Johnson Road, North Liberty, Indiana Doctor's Statements were attached to the applications. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the permits were approved and referred to the Deputy Controller's Office for issuance. BOND APPROVED Ray S. Andrysiak, Bureau of Engineering, submitted to the Board a Contractor's Bond written on behalf of Van Overberghe Builders, and his recommendation that the bond was in proper form and could be approved. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the bond was approved. CLAIMS APPROVED Chief Deputy Controller Michael L. Vance submitted to the Board Claim Docket Numbers 24826 through 25472 and recommended approval. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board approved Claim Docket Numbers 24826 through 25472 and directed that checks for payment be issued. STREET LIGHT OUTAGE REPORT FILED The Street Light Outage Report for the period December 12 through 17 was submitted to the Board. The report indicated twenty -six outages. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the report was ordered filed. VACATION RESOLUTION NO. 3485 ADOPTED Mr. McMahon noted that the petition of the South Bend Medical Foundation to vacate two alleys was reviewed by various City Departments. The Board has received reports from the Engineering Department, Community Development Department and the Area Plan Commission, indicating there is no objection to the vacation, subject to utility easements and with the understanding that the petitioners will deed an easement to the City to provide access to the remaining property on the vacated alley. Deputy City Attorney Terry Crone advised the Board that the petitioners have provided the easement and he has reviewed it and found it to be in proper form. He recommended that the Board approve the easement to be recorded when the Vacation Resolution is confirmed. M REGULAR MEETING DECEMBER 31, 1979 Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Board filed the reports, approved the easement agreement and adopted the following resolution: VACATION RESOLUTION NO. 3485, 1979 RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, THAT it is desirable to vacate the following: The 14' north -south alley between Main and Lafayette starting at Navarre; thence south for a distance of 99' and the 14' east -west alley between Navarre and Marion, starting at Lafayette; thence east for a distance of 165' to the intersection of the north -south alley. Reserving the rights and easements of all Utilities and the Municipal City of South Bend, Indiana to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right of way, unless such rights are released. by the individual Utilities. The following property may be injuriously or beneficially affected by such vacation: Lots 187, 188, 196, 197 and 198 in the Original Plat of South Bend. Notice of this Resolution shall be published on the 4th and 11th. day of January, 1980 in the South Bend Tribune and in the Tri- County Mews. This Board, at its office, on the 21st day of January, 1980, at 9:30 a.m. will hear and receive remonstrances from all persons interested in or affected by these proceedings. Adopted this 31st day of December, 1979. BOARD OF PUBLIC WORKS s/ Patrack M. McMahon s/ Thomas J. Brunner, Jr. s/ Peter H. Mullen ATTEST: s/ Patricia DeClercq, Clerk FINAL CHANGE ORDER AND COMPLETION AFFIDAVIT APPROVED CURB AND SIDEWALK IMPROVEMENTS. BROADWAY. DIAMOND AND HOWARD The Final Change Order in the contract with McIntyre and Jones for the curb and sidewalk improve-ments on Broadway, Diamond and Howard was submitted to the Board. The Change Order adjusts the contract to as -built quantities and increases the contract by $3,442.43. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Change Order was approved. 1 REGULAR MEETING C#11. DECEMBER 31. 1979 The Project Completion Affidavit for the project was submitted for approval. The Affidavit indicates the final cost of the project was $65,487.43 and the maintenance agreement extends until December 31, 1982. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Project Completion Affidavit was approved and the maintenance bond was filed. PUBLIC HEARING ON USE OF REVENUE SHARING FUNDS APPROVED Chief Deputy Controller Michael L. Vance requested that the Board schedule a public hearing on the proposed use of revenue sharing funds. The hearing is to be scheduled for January 14 and Mr. Vance indicated a list of suggested appropriations would be submitted to the Board within the next few days. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board approved the request to schedule the public hearing and directed the Clerk to advertise for a hearing to be held on Monday, January 14, 1979. TRANSFER OF PANEL -AD FRANCHISE APPROVED AND CONTRACT CONFIRMED The Board of Public Works had previously entered into a franchise agreement with Mardella Hensler, operating as Panel -Ads, Inc., to install trash receptacles at various locations in the City. The containers display advertising material through an agreement with Panel -Ads. Mrs. Hensler has now advised the Board that she has sold the company to Herschel Snyder and is requesting that the Board transfer the franchise agreement to him. Deputy City Attorney Terry Crone prepared a new agreement for signature by Mr. Snyder and he has now executed the contract which has been signed by the Board. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board approved transfer of the Panel -Ad franchise to Herschel Snyder and confirmed the contract, subject to receipt of the required Certificate of Insurance from Mr. Snyder. There being no further business to come before the Board, upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the meeting adjourned at 10:40 a.m. NEW BOARD OF WORKS MEMBERS (Effective January 1, 1980) cnar L. hiii seph E. Kernan