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HomeMy WebLinkAbout10/20/1980 Board of Public Works MinutesREGULAR MEETING OCTOBER 20, 1980 The regular meeting of the Board of Public Works was convened at 9:30 a.m., on Monday, October 20, 1980, by President Patrick M. McMahon, with Mr. McMahon and Mr. Richard L. Hill present. Deputy City Attorney Terry A. Crone was also present. APPROVE` MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Hill, seconded by Mr. McMahon and carried, the minutes of the regular meeting of October 13, 1980, were approved as submitted. AGENDA ITEM ADDED Mr. McMahon made a motion to add to the agenda a request to hire an auctioneer for the abandoned vehicle auction which the city will be conducting on October 25, 1980. Mr. Hill seconded the motion, and it carried. APPROVE HIRING OF AUCTIONEER FOR ABANDONED VEHICLE SALE Mr. Hill explained that the Board of Public Safety had, on September 30, 1980, approved the sale of abandoned vehicles valued at over $100 and stored at Steve and Gene's Impoundment Facility on Gertrude Street. An auction to sell the vehicles had been set for Saturday, October 25, 1980, at 10:00 a.m., at Steve and Gene's. Mr. Hill stated that Lieutenant Cloyd Coffman had volunteered to auction the vehicles but now was unable to do so because he was scheduled to be out of town. For that reason, it was requested that the Board approve the hiring of Mr. Bob Oser, auctioneer for the Mishawaka Auto Auction, in the amount of $100.00. Upon a motion made by Mr..McMahon; seconded by Mr. Hill and carried, approval to hire the auctioneer for $100.00 was given. OPENING OF BIDS - DRIVE IMPROVEMENTS (FIRE STATION NO. 11 This was the date set for receiving bids for construction of drive improvements at Fire Station No. 11. 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: Arco Engineering Bid was signed by William Reiff, non - 705 S. Beiger collusion affidavit was in order, and a Mishawaka, Indiana bid bond in the amount of 5% of the bid was submitted. $24,762.25 Morse Electric Bid was signed by Edward H. Morse, non - 712 N. Niles Avenue collusion affidavit was in order, and a South Bend, Indiana bid bond in the amount of 5% of the bid was submitted. $19,557.50 Rieth -Riley Construction Bid was signed by Richard D. Ruhlman, non - P. 0. Box 1775 collusion affidavit was in order, and a South Bend, Indiana bid bond in the amount of 5% of the bid was submitted. $19,272.50 Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the above bids were referred to the Engineering Department for review and recommendation. PUBLIC HEARING ON ASSESSMENT ROLL NO. 2986, 1980 — STORM DAMAGE, CURB AND WALK REPAIR This being the date set, hearing was held on the Assessment Roll for the 1980 Storm Damage, Curb and Walk Repair Program authorized under Improvement Resolution No. 3493, 1980, adopted by the Board on July 21, 1980. The Clerk tendered proofs of publication of notice in the REGULAR MEETING OCTOBER 20..1980 South Bend Tribune and the Tri- County News which were found to be sufficient. Mr. Gary Walter, Executive Officer for the South Bend - Mishawaka Board of Realtors, explained that his company owned a lot at 1229 Oakland Avenue, and he felt that, due to a lack of communication, the assessment for the repair to that property was too high in the amount of $786.67. He explained that he had',contracted with someone to do the necessary repair work but had experienced problems in actually getting the work done. Then he had been forced to hire another contractor to do the work in an amount of $370.00. He stated that, on or about September 11, 1980, before his contractor had a chance to make the needed. repairs, the city through Rieth -Riley Construction removed the stump and repaired the sidewalk without notice given to him that this was being done. Mr. McMahon advised Mr. Walter that the property owners had been required by the Board to have the storm damage repair work completed within a 30 -day period. That decision had been made by the Board at its meeting on August 4, 1980, and had been clearly covered by the local news media. After that 30 -day period, the contractor for the city was ordered to accomplish the necessary',repairs and the work at 1229 Oakland Avenue had been done since the repairs had not been taken care of by the owner within the required 30 -day period. Mr. Walter stated that he had never received any noticelof that. Mr. McMahon pointed out that a notice had been hand carried to those property owners who had not completed the repair world, within the 30 -day period; however, the notice was given for convenience and information purposes for the property owner and was not needed orlrequired to be done. He stated that it was very possible that the notice had just been left in the mailbox at that address, but that the city was not obligated in any way to give notice since the 30 -day period to accomplish the repairs had expired. He further stated that he did not feel there was any need for the city to make a personal contact withlthe property owners regarding the commencement of the work by Rieth -Riley since it had been very clearly stated previously at the public',hearing and covered by the news media that, if the work was not done in! a 30 -day period, the city would have the work done by its contractor. IHe felt it was unfortunate that Mr. Walter had not been able to have the work done within that period of time allowed by the Board. Upon a,motion made by Mr. McMahon, seconded by Mr. Hill and carried, the public',hearing was closed and the Assessment Roll approved. PUBLIC HEARING - IMPROVEMENT RESOLUTION NO. 3499, 1980 (FELLOWS STREET, CURB AND STREET CONSTRUCTION) This was the date set for holding a public hearing on the construction of street and curb improvements on South Fellows Street, authorized under Improvement Resolution No. 3499, 198O,',adopted by the Board on October 6, 1980. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri- County',News which were found to be sufficient. It was noted that the property owners affected by the Improvement Resolution had been sent notice of the hearing and the preliminary assessment for the repair work. Mr. McMahon noted that the project called for street work, curbing and miscellaneous improve - ments related thereto in the amount of $43,947.75 for the east and west sides of South Fellows Street, beginning at Walter Street and continuing north 647 feet. Mr. Dennis Miller, President of Miller Builders, had submitted the petition to have the work completed under the Barrett Law procedure. He stated that he had obtained a copy of the cost of the construction work from a private contractor and his figures were somewhat lower than the city's estimate. Mr',. McMahon explained to Mr. Miller that the city's estimate includes a 10% contingency amount. He further stated that the city must estimate the work and then hold a public hearing on that maximum figure. If the bids which are received for construction of the improvements are higher than the engineer's estimate, the city must absorb that cost, or'the difference between the estimate and the bid received. He assured Mr. Miller that his assessment would not be increased but probably would be lowered somewhat. He stated that the city will proceed to advertise for bids on the project and the final assessment roll would reflect the amount of the low bid and actual work done. He stated that; since'',only one petitioner was 1 REGULAR MEETING OCTOBER 20, 1980 involved, the city would proceed to advertise for bids and, prior to awarding any bid, would discuss with Mr. Miller the entire project. Mr. Miller would, at that time, have to give the city an indication as to whether or not to go ahead on the project. A representative of Midwest Turnkey Builders felt there were economics involved in determining whether or not the project would be feasible. He stated that the street itself may not be up to.full city standards, and the project involved adding to the sides of the street and also adding and improving the pavement, something which had not been included in the original concept. He briefly explained the history of the property in question. He stated that each lot would have to sell for $8,000 in order to equal the developer's investment if these improvements were made as planned. He felt it may be possible the project could not proceed. He asked that the standards be brought back to the original concept in order to keep the costs of the improvement down. Mr. McMahon stated that he would be very surprised if the Engineering Department proposal for the construction work called for higher standards than usual. He stated that the work to be done should contain what is required by city standards and no "frills" are included. He assured the property owners that the project would be reviewed fully with he and the petitioner prior to proceeding with actual construction. He stated that the city required what he termed _ "bare bone" standards and pursued these standards in the develop- ment of the subdivisions. Mr. Miller stated that he has discussed with the Water Works Department the matter of the installation_ of taps prior to street construction. He asked how the financial arrangements of this would be taken care of, and Mr. McMahon advised that, when the bids were received, the Engineering Department would discuss all of Mr. Miller's questions at that time. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the public hearing was closed and the Engineering Department was instructed to prepare the necessary plans and specifica- tions in order to advertise for bids on the project. APPROVE INTENDED USE OF REVENUE SHARING FUNDS This was the date set for holding a public hearing on the proposed use of revenue sharing funds in the amount of $30,000.00 during the calendar year 1980. 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 that this was the public hearing on the proposed use of revenue sharing funds as follows: $30,000.00 Police overtime costs In accordance with guidelines adopted for such use of revenue sharing funds, information about this public hearing was forwarded to the following senior citizen groups with the request that the notice be posted: Foster Grandparents, Hansel Neighborhood Center, REAL Services, Retired Senior Volunteer Program and Senior Citizens Group of LaSalle Park. There was no one present to speak against the proposed expendi- ture. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the public hearing was closed and the Clerk was instructed to forward the minutes of this public hearing to the Controller's Office and the City Clerk. AWARD BID AND APPROVE CONTRACT - BIRDSELL STREET CURB AND SIDEWALKS (RIETH -RILEY CONSTRUCTION) Mr. McMahon stated that bids on the project had been received by the Board at its meeting held on October 13, 1980, and the Bureau of Public Construction was recommending the bid be awarded to Rieth -Riley Construction based on its low bid of $29,488.63. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the low bid of Rieth -Riley Construction in the amount of $29,488.63 and the contract for construction of the project were approved. It was noted that the required bonds and insurance certificate were in order and had been filed with the Clerk. REGULAR MEETING APPROVAL OF CHANGE ORDER NOS. 1 -3 (REPAIR OF CONSTRUCTION) OCTOBER 20, 1980 2222 LINCOLNTqAY TTEST PLAIA Mr. James Markle, Building Commissioner, recommended Board approval of the following change orders with P1aia Construction in connection with the rehabilitation and repair of Old Fire Station No.: 11 (2222 Lincolnway TATest) . Change Order No. 1 Tube wrap around flourescent fixtures increase of $257,00 Change Order No. 2 New copper water line from basement to:, second floor ... increase of $834,00 Change;Order No. 3 Repair of kitchen sink faucet and unplug drain ...................... increase of $ 60.00 Mr, Markle advised that he would be requesting Board approval of another change order to delete the carpet and installation thereof from the original contract, By deleting the carpeting, he felt there would be sufficient funds to take care of the increases in the above three change orders. Upon a motion made by Mr. McMahon, seconded by Mr, Hill and carried, Change Order Nos. 1 through 3 were approved. REQUEST TO ALLOT•T'PA'RKING ON SUNDAY KEEPER AVENUE'AT EAST NORTH SHORE In a letter to the Board, Mr. James Curlee, President of the Board of Directors of the First Unitarian Church, 1011East North Shore Drive, requested consideration be given to the possibility of allowing parking on the west side of Leeper Avenue on', Sundays (where it inter- sects with East North Shore Drive) in order to facilitate parking for the church members, Upon a motion made by Mr. McMahon, seconded by Mr, Iiill and carried, the request was referred to the Bureau of Traffic and Lighting for review and recommendation, APPROVE HALLOWEEN ACTIVITIES ON RIVER BEND PLAZA Ms. Mikki Dobski, River Bend Plaza Director ,',requested permission for WSBT -TV to conduct various Halloween activities on the Plaza and Robertson's Stage on Friday, October 31, 1980, from noon to 1:00 p.m, The activities would include the distribution to the first 500 children of a "starter" Halloween bag of candy, a special Halloween cookie from the Dainty Maid Bake Shop, the opportunity to meet with "Star Wars" characters (local residents who have formed 'a "Star Wars" Club), and the opportunity to purchase tickets to a "Star Wars" presentation at IUSB. There was a brief discussion regarding insurance requirements. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the request was approved, subject to the filing of a Certificate of Insurance by WSBT in the amount of $1,000,000, naming the City of South Bend as an additional insured. APPROVAL OF 1981 HOLIDAY SCHEDULE Upon a motion made by Mr. McMahon, the following schedule of paid city approved: seconded by Mr. Hill and carried, holidays for city employees was New Year's Day Good Friday Memorial Day Thursday before Independence Day Friday before Independence Day Labor Day Veteran's Day Thanksgiving Day Friday following Thanksgiving Christmas Eve Christmas Day Thur s' Frida` Monda•, Thur s Frida!, Mondaf, Wedne', Thurs Fridal. Thur s', Frida ay, January 1, 1981 , April 17, 1981 , May 25, 1981 ay, July 2, 1981 , July 3, 1981 , September 7, 1981 day, November 11, 1981 ay, November 26, 1981 , November 27, 1981 ay, December 24, 1981 , December 25, 1981 REGULAR MEETING OCTOBER 20, 1980 FILING OF ASSESSMENT ROLL - VACATION RESOLUTION NO. 3498, 1980 (BENDIX DRIVE AND FIRST ALLEY SOUTH OF LINDEN) John E. Leszczynski, Civil City Engineer, filed an Assessment Roll with respect to Vacation Resolution No. 3498, 1980, for the vacation of Bendix Drive from the southerly line of the Conrail Railroad right -of -way to a point 489 feet northeast, and the first east -west alley south of Linden Avenue from Bendix Drive to a point approximately 135 feet east. The following property may be injuriously or benefically affected by such vacation: All land adjacent to said vacated land and described as Bendix Corporation property and Chicago, South Shore and South Bend Railroad property in SW4i Section 3 and NW4j Section 10, Portage Township 37 North, Range ,2 East. The Assessment Roll lists $0.00 net damages and $0.00 net benefits to the abutting properties. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the Assessment Roll was filed and set for public hearing on November 17, 1980. APPROVE RECEIVING PROPOSALS FOR PIGEON CONTROL Mr. McMahon stated that the city's present agreement with Indiana Terminix for pigeon control on River Bend Plaza and Pier Park would expire at the end of November. He stated that pigeon control was also needed for the Western Avenue viaduct at Walnut Street. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, approval was given to receive proposals for pigeon control at the above three locations. REQUEST TO ONE -WAY PARK LANE A request by the Madison Home and School Organization to one -way Park Lane going east immediately north of the school for the safety and protec- tion of the Madison School children was received. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the request was referred to the Bureau of Traffic and Lighting for review and recommendation. APPROVAL OF TRAFFIC CONTROL DEVICE Mr. Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, recommended approval of the following traffic control device: Removal of: No Parking and Revise to: No Parking, 7 A.M. - 3 P.M., Monday through Friday East of Elm from Colfax to the cemetery entrance. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the above traffic control device was approved. APPROVAL OF ENVIRONMENTAL CLEAN -UP OF LOTS A request from the Environmental /Action Center was received for permission to have city environmental crews clean the following lots within the city: ADDRESS 1001 East Corby 1814 South Oliver 1147 South Michigan 3525 Eastmont 1528 Viking Drive 5005 West Linden 1021 North Brookfield 228 North Sheridan 2nd lot south of 110 North Chicago CONDITION Litter, boxes, furniture, junk, etc. Litter, junk, garbage and trash Litter, brush, garbage, trash, etc Brush, appliances, junk Weeds, garbage, trash, etc. Furniture in yard, junk, burn -out Litter, burned garbage and burned lumber Weeds, trash uncollected, etc. Weeds over two feet high REGULAR MEETING ADDRESS lst lot south of 524 Cleveland lot south of 617 North Eddy 1726 South Taylor 301 East Dubail 1912 West Ford 529 South 23rd Street Gartner and Churchill at intersection Lot rear of 423 East Corby 617 Lincolnway East 635 Lincolnway East Lot south of 638 River 421 Studebaker 728 Diamond 613 Diamond 503 Blaine 751 Blaine 1035 Lindsey 706 Allen OCTOBER 20. 1980 CONDITION Litter, weeds Weeds over two',feet high Weeds, trash Litter, grass hedge in alley Junk car seatsin bushes Garbage and trash Weeds Bushes Litter, brush,',junk garbage and trash Junk, two mattresses Bushes Weeds, litter on front porch Car hood by garage, beer cans, furniture, box stored by garage Garbage and trash by the alley, brush by alley, threeauto tires Litter Refrigerator in back of house Litter, weeds on entire lot Cement blocks,',wood, auto tires, brush in backyard 1016 California Tarp on lot, litter, weeds, dirt piles rear of lot 912 Harrison 813 North O'Brien 1406 Fremont Lot behind garage at 921 W. Washington 1312 Hine Street Sidewalk, parkway at Auto tires, litter, weeds, furniture in backyard Brush back of house, auto tire and rug Garbage and trash piled by house Weeds, garbageland trash Furniture, junk in backyard, brush Hill and Crescent Brush hanging over sidewalk, trash 745 S. Albert Litter, weeds,',grass 721 South Albert Litter, brush,',concrete, trash 838 Gladstone Brush in rear N/E corner Pennsylvania and High Weeds, bushes on lot Hickory Road south of radio station, north of Corby Weeds, needs mowing 218 South Illinois Weeds 509 East Dayton Litter, furniture garbage and It was noted that property owners had been advised to clean up the lots and had failed to comply. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the request was approved. APPROVAL OF CONTRACTOR'S BOND Mr. Ray S. Andrysiak recommended Board approval of the Contractor's Bond of Dwight E. Laidig, d /b /a Laidig Concrete Construction retroactive to October 15, 1980. Upon a motion made by Mr.IMcMahon, seconded by Mr. Hill and carried, the above Bond was approved. APPROVE RELEASE OF CONTRACTORS' BONDS Mr. Ray S. Andrysiak recommended that the Board approve the release of the Contractors' Bonds for Earl Beron Construction, effective October 6, 1980, and Gus Lampos, effective October 20, 1980. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the above Bonds were 1 d re ease . fl 1 REGULAR MEETING OCTOBER 20, 1980 APPROVAL OF HANDICAPPED PARKING PERMIT Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the following handicapped parking permit was approved and referred to the Deputy Controller's Office for issuance: Mrs. Nellie A. Parkhouse 23500 Ardmore Trail South Bend, Indiana 46628 FILING OF STREET LIGHT OUTAGE REPORT The report indicated a total of 26 outages for the period of September 26 through October 16, 1980. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the report was filed. APPROVAL OF CLAIMS Chief Deputy Controller Michael L. Vance submitted Claim Docket No. 19538 through No. 20029 and recommended approval. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the report was filed and the claims approved. STATUS OF PHILLIPA STREET SEWER PROJECT Mr. McMahon advised that the Board would need to schedule another public hearing on the completion of the Phillipa Street Sewer Project in order to give the property owners an opportunity to present their views to the Board prior to the assessment to be levied against each of the affected properties. He asked Mr. Leszczynski to check into the matter and, if all the work had been completed on the project, a hearing would be scheduled and the property owners so notified. There being no further business made by Mr. McMahon, seconded by adjourned at 10:15 a.m. ATTEST: JU , z 0--c c,— Q-. 4 Barbara J. Bye s, C1 ��u a k to come before the Board, upon a motion Mr. Hill and carried, the meeting was Y Y I�Clchard L. Hill