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HomeMy WebLinkAbout03/10/1980 Board of Public Works MinutesRM REGULAR MEETING MARCH 102 1980 A regular meeting of the Board of Public Works was convened at 9:35 a.m., on Monday, March 10, 1980, by President Patrick M. McMahon, with Mr. McMahon, Mr. Richard L. Hill and Mr. Joseph E. Kernan present. Deputy City Attorney Terry A. Crone was also present. MINUTES OF PREVIOUS MEETING APPROVED Mr. McMahon reported that the minutes of.the regular meeting of March 3, 1980, had been reviewed, and Mr. Kernan made a motion that the minutes be approved as submitted. Mr. Hill seconded the motion and it carried. PUBLIC HEARING ON ASSESSMENT ROLL NO. 2985 - PHILLIPA STREET SEWERS This being the date set, hearing was held on the Assessment Roll for the Phillipa Street Sanitary Sewer Project on Phillipa from Calvert to Highland, authorized under Improvement Resolution No. 3473, 1979. 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 indicated that the cost of the improvement in the preliminary assessment roll had been $69,391.64, and the final assessment roll figure was approximately $3,000 less than that. He explained that this was the reason why the assessments were somewhat lower than what was originally advertised. He estimated that the assessment per lot would probably range from $60 to $70 less than the preliminary. Mr. Jack Young, 1713 South Phillipa, indicated that he owned three lots on Phillipa and his total assessment amounted to $1,765.65. He explained that he had also incurred about $700 in damage to his sidewalk, curbs and the trees in front of his home as a result of the work done by the contractor. He submitted photographs to the Board showing the damaged property. Ile stated that the street was still barricaded and the project was not completed. He felt it was unfair for the residents to be assessed when the project was not finished satisfactorily. Mr. McMahon assured the residents that the city was aware the project was not completed, and for that reason, the contractor would not be paid. He explained that the assessment roll was being approved this date in order to establish the final assessment roll figures so that some money could be advanced to the suppliers of the materials. He stated that the city would be holding approximately $40,000 from the contractor because the work was not completed. He stated that the Board realized that there are curbs that will have to be replaced. He explained that Hillside and Highland go from Phillipa to the west approximately 160 feet and not through to Olive Street. Mr. Young questioned the amount of his assessment when his neighbor, who owned three larger lots, had a lower assessment. A computation was made of Mr. Young's assessment and that of his neighbor, Louis Wesszo, and it was determined that an error had been made in the assessment for Wesszo and one of his lots had not been included in the total amount. Mr. Young again stated that he did not feel the property owners should be assessed until the project was completed, including the repair of the damaged curbs, sidewalks, etc. Mr. McMahon stated that, if a property owner wanted to sign a waiver to finance the assessment over the five -year period, the first time a payment would be required would be in the fall. He indicated that the Board could always hold up the filing of the assessment roll in the Treasurer's Office so that it would not be documented with the Barrett Law Clerk until all the work was completed. He stated that, in this way, no one would be charged any interest on the amount and there would be no penalty to pay. Pars. Louis Wesszo, 1718 Phillipa, asked about the hook -up, and Mr. McMahon indicated that the Engineering Depart- ment would be available to help with the hook -up and location of the taps if the residents desired. Mr. Young wondered if the property owner could accomplish the hook -up rather than having to REGULAR MEETING MARCH 10. 1980 FM pay a plumber. Mr. McMahon indicated that the property owners would need to obtain a plumbing permit, but could take care of the hook -up themselves. Mrs. Wesszo asked about furnishing water, and Air. McMahon stated that anyone can petition the Water Works for water at any time and only have to pay for the water pipe involved in the hook -up. He explained that, for those persons who wanted to hook up prior to completion of the project, they would have to pay a charge of $6.80 per month for sewage. He stated that the Board could direct the Water Works not to make any charges until all of the work was completed, unless a property owner elected to make the hook -up before the work was done. Mr. Charles Lahey, an attorney representing the Estate of Alice Eckler - Lahey, indicated that the estate owned three lots on South Franklin which were vacant. He stated that the properties were landlocked because there was no street which ran through the area. Mr. McMahon explained that, in the spring, Hillside and Highland would be extended to the back of the lots on Olive Street, hopefully by the end of May. Mr. McMahon assured the property owners that the damaged curbs and sidewalks would be documented and if it was determined the damage resulted from the operations of the contractor, O`Neal Trucking Company would be responsible for the repair. Mr. Hill wondered who the property owners should contact concerning damage, and Air. McMahon stated that anyone who has a problem with damaged property should contact his office and Mr. Stan Burzynski would handle the matters. He stressed that the sidewalks and curbs would be restored to their original condition. Mrs. Young wondered if the residents, who had been involved in the mandate of the sewer installation, had been hooked up, and Mr. McMahon indicated that he was sure they were. He explained that the ground was probably very well saturated prior to the installation of the sewers, and the effects of that would still be seen for some time. Mr. Dean Markle, representing his grandparents who resided at 2013 Phillipa, asked when the first payment on the assessment would be due. He talked about a problem being experienced where the middle of the street was so high, water collected where the curbs were located. Mr. McMahon stated that the Board would approve the assessment roll this date, but would not send the documents to the Barrett Law Clerk until the project was completed, at which time, a notice could be sent to the property owners informing them that the assessment roll was officially being filed. Mr. Julius O'Neal of O'Neal Trucking Company, stated that the city never intended to have the sidewalks torn up. He explained that he had asphalted the top and.only came up over the top in order to establish a grade. Mr. McMahon stated that all clean -up work would be accomplished as quickly and efficiently as possible. Mrs. Albert Vanderheyghen, 1905 Phillipa, talked about her sidewalks being damaged, in addition to her mailbox and her rose bushes. Mrs. Young agreed that there was a considerable amount of damage done by the contractor. Mr. McMahon informed the residents that the city was not pleased with the work done, and the contractor would not be paid until the work was done to the city's satisfaction. Mrs. Wesszo wondered about the cave -ins where the taps were located, and Air. McMahon stated that they would be properly repaired. He explained that it was unfortunate that theproject carried over the winter months, but he stated that the ground would settle with the spring prior to completion of the project, and this was an advantage. Mr. Ervin Derda, 2205 South Carlisle, indicated that he owned four lots on Hillside. He asked that the Board members be identified for the benefit of the property owners, and Mr. McMahon introduced Mr. Hill and Mr. Kernan. Mr. Derda stated that he was pleased with the attitude of the Board toward the complaints and problems experienced by the residents during the construction of the sewer project. He expressed concern about the way the road had been cut through the woods, and Mr. McMahon explained that this was intended to become a permanent road and at this time was only temporary. Mr. Derda felt that the issue was that the property owners were not objecting to the improvement and the cost, but were objecting to paying their assessments before the job was finished properly. He asked that the 3'70 REGULAR MEETING MARCH 10. 1980 residents be given a chance to concur with the Board's judgment on whether or not the project was completed satisfactorily. Mr. McMahon stated that the Board would send notification to the property owners once the project was completed, and they would be given an opportunity to express their views. Mr. Hill stated that he realized that Mr. McMahon had toured the area and was very familiar with the project, and he further stated that he and Mr. Kernan would also take a tour of the area to view the problems and complaints brought to the Board by the residents. Mr. McMahon apologized to the residents for the duress they have experienced with the construction of the sewers and stated that the Board was concerned that the project be completed in a proper manner and would monitor the completion to see that this was done. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan, the Assessment Roll was approved. APPROVE PROJECT COMPLETION AFFIDAVIT - 1322 LINCOLNWAY EAST (RUNAWAY SHELTER) Mr. McMahon indicated that the renovation of the Runaway Shelter at 1322 Lincolnway East had been completed by the contractor, Plaia Construction Company, and had been approved by the Bureau of Housing as to workmanship and materials. He stated that the final cost of the project was '$18,560.00, and the Performance Bond containing a one -year warranty would be retained by the Board until February 28, 1981. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried,the Project Completion Affidavit was approved. AWARD BID - DEMOLITION AND BACKFILL WORK AT FIRST BANK CENTER (GARAGE PORTION) Sollitt Construction Company recommended that the low bid of O'Neal Wrecking and Excavating Company in the amount of $39,262.00 be approved. It was indicated that O'Neal was ready to begin work immediately which would be advantageous to maintaining the schedule of the project. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the Board awarded the bid as recommended subject to receipt of the required Performance Bond, Labor and Material Payment Bond and the Certificate of Insurance. APPROVE RENEWAL OF SWEEPING CONTRACT WITH RIES EQUIPMENT COMPANY Mr. McMahon stated that the city went out for bids two years ago on a sweeping contract, and Ries Equipment Company had been the successful bidder. The contract had been approved at that time and was subject to renewal on a yearly basis for three years. He stated that the city had renewed the contract in the past, and Mr. Baumgartner, Manager of the Bureau of Streets, was recommending; the third year renewal. Mr. McMahon explained that the contract provided for night -time sweeping on the city's main routes at a cost of $45 per sweeper hour for two sweepers, not to exceed $100,000. He further stated that the price reflected only a 7% increase per year. Upon a motion made by Mr. McMahon, seconded by Mr. Hill, renewal of the contract was approved. APPROVE CHANGE ORDER NO. 1 - KOONTZ- WAGNER ELECTRIC (FIRST BA14K CENTER GARAGE) Mr. McMahon noted that the amount of the change order was $9,365.00, which brought the total contract amount to $111,600.00. Change Order No. 1 was necessitated because of additional electrical work which was required since the letting of the contract. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the change order in the amount of $9,365.00 was approved. 1 rl NJ REGULAR MEETING MARCH 10, 1980 APPROVE REQUEST- CHET WAGGONER LITTLE LEAGUE PARADE The Board had previously received a request from the Chet Waggoner Little League for its annual parade on Ilay 17, 1980, at 8:30 a.m., starting at the Knights of Columbus Hall on North Michigan Street. Mr. Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, submitted his favorable recommendation to the Board concerning the request and noted that the Traffic Division of the Police Department also concurred in the recommendation. It was requested that the parties involved contact Captain James Sweitzer immediately for the necessary escorts. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the request was approved, subject to the filing of the appropriate Certificate of Insurance. APPROVE ACCEPTANCE OF STREET LIGHTS - BENDIX DRIVE AND CLEVELAND ROAD It was indicated that the Board's acceptance of 12 lights at the intersection of Bendix Drive and Cleveland Road was required in conjunction with the recent effective date of the northwest annexation. A recommendation submitted by lair. Joseph Pluta, Assistant Manager of the Bureau of Traffic and Lighting, requested acceptance of the lights from the county. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the recommendation was filed and acceptance of the lights was approved at a cost of $49.20 per month. REQUEST TO PURCHASE CITY -OWNED LOTS (522 and 524 EAST OHIO The Board received a request from Rolean Woods, P. 0. Box 202, . South Bend, Indiana, for the possible purchase of city -owned lots on East Ohio Street. Upon a motion made by Mr. 11cMahon, seconded by Mr. Kernan and carried, the request was referred to the va,ri.ous city agencies for review and recommendation. OPE14 AIR STAND APPLICATION _ GREAT AMERICAN HOT DOG STAND (1101 SOUTH BE14D AVENUE) The Board received a renewal application of the Great American Hot Dog Stand for a 1980 license at 1101 South Bend Avenue.. Mr. Hill explained that the Legal Department was in the process of reviewing the city's policy regarding stands of this type because of the trash and litter problems caused to adjacent and surrounding property owners, Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the application was referred to the Legal Department for review and recommendation, APPROVE CETA SUBGRANTS AND MODIFICATIONS The Board received agreements for approval with the Indiana. Employment Security Division, The Salvation Army and the Private Industry Council of South Bend and St. Joseph County. Approval was requested for Modification No. l to the agreement with.the Voluntary Action Center to provide an administrative budget of $300 for costs and approval of Modification No. 1 to the agreement with the Public Welfare Department to change the complaint procedure for participants and to provide an administrative budget of 2,850 for costs. It was indicated that all other parts of the initial agreements with the Public Welfare Department and the Voluntary Action Center remained unchanged. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the above contracts and modifications to contracts were approved. 372 REGULAR MEETING APPROVE RELEASE OF EXCAVATION BOND GEORGE BERNATH MARCH 10, 1980 The Board received a request for release of Excavation Bond No. 45552 for George Bernath in the amount of $5,000 from the Jerry J. Miller Insurance Company. A recommendation from Raymond S. Andyrsiak dated March 5, 1980, indicated that the bond may be released. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, approval was given for the release of the I bond. APPROVE HANDICAPPED PARKING PERMIT The Board received an application for a handicapped parking permit for the following individual: Josephine Villarreal 835 South Kenmore South Bend, Indiana Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the above application was approved and referred to the Controller's Office for permit issuance. STREET LIGHT OUTAGE REPORT The report indicated 12 outages between the period of February 25, 1980, through March 5, 1980. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the report was filed. APPROVAL OF CLAIMS Chief Deputy Controller Michael L. Vance submitted to the Board Claim Docket Numbers 4004 through 4537 and recommended approval. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the claims were approved and the report filed. There being no further business to come before the Board, upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the meeting adjourned at 10:30 a.m. 5"" Patrick M. McMahon chard L. Hi.l. -- "senh E. Kernan ATTEST: Barbara J. Bye s, Clbrk