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HomeMy WebLinkAbout11/10/1980 Board of Public Works MinutesREGULAR MEETING NOVEMBER 10, 1980 The regular meeting of the Board of Public Works was convened at 9:30 a.m. on Monday, November 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 Upon a motion made by Mr. Kernan, seconded by Mr. McMahon and carried, the minutes of the regular meeting of November 3, 1980, were approved as submitted. PUBLIC HEARING - PHILLIPA STREET SANITARY SEWER PROJECT Mr. McMahon stated that the Board had approved the final assessment roll for the Phillipa Street Sanitary Sewer Project on March 10, 1980, after conducting public hearings on the project; however, at that time, the residents had been advised that no billing under the Barrett Law Program for the sewers would take place until all the work was completed. He stated that this final public hearing was being held in order to give the residents an opportunity to come before the Board regarding the project prior to the assessment taking place. It was noted that several meetings between the residents and the Engineering Department had also taken place in the neighborhood concerning the project. Mr. Jack Young, 1713 South Phillipa Street, asked when the street would be finished and the catch basins installed. Mr. McMahon stated that the Bureau of Sanitation would be doing the work on the catch basins at each intersection. Mr. John Leszczynski, City Engineer, advised that the bureau would be starting on the catch basin construction as soon as possible and that the work would hope- fully be completed before the end of the year. Mr. Young then asked about the sidewalk repair which had been done. He wondered why those persons who owned vacant lots in the area had not had their sidewalks replaced like some of the other residents who had homes or buildings on the lots. Mr. Mcllahon stated that he had personally looked at the damage which O'Neal Trucking Company had done to some of the sidewalks in the area and O'Neal had been asked to repair only that sidewalk which he had damaged at the tap locations. Mr. McMahon stated that most of the sidewalk in the area was not in good condition in the beginning and that O'Neal had been asked to repair and replace only those areas which he had damaged. Mr. McMahon stated that he did not feel it would be fair to hold the contractor responsible for the condition of the sidewalks prior to sewer construction. Mr. Young stated that he had previously showed the Board photographs which indicated that O'Neal had driven a bulldozer across the sidewalks. He maintained that, as a result of that, all of the sidewalks were damaged, some more than others. He then asked whether or not O'Neal had actually put in the sidewalks or if the city had done the replacement work. Mr. McMahon stated that this work was added to the contract, and the sidewalks were replaced by O'Neal at his expense because the damage had resulted in his negligence. Mr. McMahon further advised that one of the Engineering Department inspectors had compiled a list of those areas which were damaged and these areas were primarily at the tap locations only. Mr. Young stated that one of the residents had experienced a cave -in as a result of the sewer construction, and it had never been corrected. He expressed concern about who would be held for any damage which might occur in the future. Mr. McMahon stated that the contractor had been asked to take care of the problems in the areas where there was excessive settlement by filling in with dirt and topsoil. He assured Mr. Young that the cave -in was not a problem underneath the sewer lines, but simply a problem of settling dirt above the lines. He stated that, as a result of the complaints received regarding the settling, the Engineering Department had viewed all the sewer lines by means of REGULAR MEETING NOVEMBER 10, 1980 a television camera to make sure that there was no settling of the pipe itself. As a result of that check, it had been determined that there was no breakage of pipe or settlement of same. He advised the residents that they may have some additional settlement in the lawn areas over the winter months, and he stated that O'Neal would be taking care of this. Mr. Young stated that the residents had been told previously that O'Neal would be held responsible for the problems he had created, but he and the other residents were not satisfied with the work done thus far. He did not want to see the residents being faced with another Barrett Law project to correct the problems created by O'Neal on the sewer construction. Mr. McMahon stated that the report he had received from the Engineering Department indicated that all the settlement that had occurred had been corrected by O'Neal. He advised the residents that O'Neal had been required to furnish a three -year maintenance bond for the work done on the project and that he would be respon- sible for any resultant damage during that period of time. Mr. McMahon stated that the city has not identified any additional work that needed to be done. He stated that the project did not include reconstruction of all curbs but only those curbs which had been damaged by O'Neal. Mr. Young still maintained that all the sidewalks had been damaged by O'Neal and not all of them had been replaced. Mrs. Lorraine Hildebridle stated that she owned property in the 1700 block of Phillipa and she felt that her sidewalks were in relatively good condition prior to the start of the sewer project. She stated that she had previously been advised that her sidewalks would be replaced. She felt the city was hedging on the project. Mr. Young stated that there was a cave -in on Mrs. Hildebridl.e's property and that the Engineering Department personnel had advised that the problem would be taken care of and checked into. He stated that all that was done was to fill the hole with dirt and nothing had been done to determine what the problem was. He felt it. would be a continual problem for Mrs. Hildebridle. Mr. Leszczynski, in response to the complaints regarding the sidewalks, stated that he had personally inspected the sidewalks before the project had been started and many of them were in a deteriorated condition at that time. Mr. McMahon stated that it has been the intention of the city to construct the sewers and leave the residents with a project that would not affect those areas not included in the project. Regarding the sidewalks, he stated that the city had walked through the area and viewed the walks before construction and after and, if the condition of the sidewalks changed substantially and, in certain areas that was the case, O'Neal had been instructed to repair and /or replace them. He stated that, according to an inspection, the rest of the sidewalks were not in any worse condition at the end of the construction. Mr. McMahon stated that the Board of Works members would be willing to walk the area and view the project in order to better understand the complaints of the residents. He stated that the city did not want to force something on the residents which they objected to, and he wanted to be able to understand the basis of their complaints. Mr. Young again brought up the damaged sidewalks and asked the Board members to look particularly in the area of the 1700 block of Phillipa. Mr. Hill stated that it was obvious that the project had been a frustration to the city and the residents and that the city wanted to resolve the matter to everyone's satis- faction. He stated that the statement had been made that the city had no intention of remedying the problems and he objected to that, and stated that it was not true. He pointed out that the Board had thought the citizens' problems had been resolved. He stated that he was very willing to go out and look at the area in order to be responsive to the residents. Mr. Young talked briefly about all of the problems the residents had experienced with the project, including the fact that the project was supposed to have been completed last November. He also felt there were changes made in the original plans concerning the sidewalk construction and some of the sidewalk construction work had not been done. REGULAR MEETING NOVEMBER 10. 1980 Mr. Ervin Derda, 2205 South Carlisle Street, felt the Board was being wise in delaying a decision on the matter until an inspection was made by them. He felt the Board should reach a point of resolu- tion which would be fair to the residents. He stated that O'Neal had backfilled onto some properties which were not included in the project and that those residents were informed that that was the responsibility of the property owner and the property owner must look to the contractor for resolution of that matter. He referred to a letter written to Mr. Hill by Councilman Dombrowski on November 5th concerning that subject. He felt the issue was broader than just filling in the holes and repairing the sidewalks and curbs. Mr. Hill stated that it was suggested in the letter that the city was spending additional money on the project because the contractor had not fulfilled his obligations under the contract. He stated that that was not correct and he had advised Councilman Dombrowski of that. Mr. McMahon stated that, normally on a project, there is an item included for sidewalk replacement; however, that clause was not included in O'Neal's contract and the city was obligated to pay the contractor for this work over and above the contract because it was not included in the contract. He felt the important question was whether or not the city went beyond that and paid for the repair of the damaged sidewalk, and he stated that that was not the case. He addressed Mr. Young and indicated that he did not know what changes had been proposed in the plans that had not come about as he had suggested. Mr. Derda advised Mr. Hill that he felt there may have been some misunderstanding between Councilman Dombrowski and the Engineering staff concerning the contingency for the payment of the sidewalks which were damaged. He stated that he was satisfied with Mr. McMahon's response. He felt the residents on Hillside had a problem in terms of the backfill being dumped on their properties and nothing being done to remedy that. He called to the Board's attention a problem which he felt may surface in time concerning the roadway which had been cut through the wooded area. He stated that the excavation was filled in with logs and branches and materials of that sort. He was concerned that, if there were problems with the road, they would not show up for perhaps four or five years. He advised that the pavement had been put in over loose soil and debris and that drainage on the road was already inadequate. Mr. McMahon stated that he had spoken with the inspector on the project for the city and had been advised that there was no debris under the pavement. Mr. Derda stated that he understood that the city was bound by law to award the lowest bid on public works improve- ment projects in the absence of poor performance shown on the part of the contractor previously. He felt the city should take this into consideration on future projects bid by O'Neal, and Mr. McMahon assured Mr. Derda that Mr. O'Neal would not be bidding on any more sewer construction projects. Mrs. June Wesszo, 1718 Phillipa Street, reminded the Board that the city did have an inspector working on the project but O'Neal many times worked late into the evening and the city's inspector went home at 4:30 p.m. Mr. Louis Wesszo of the same address felt that many of the residents have simply given up in trying to have these problems resolved. He stated that, prior to the project, the residents were proud of their neighborhood but, because of poor construction of the sewers, would be faced with problems in the future and some of the residents had given up on trying to have them resolved. Mr. McMahon stated that the Board would make a personal inspection of the area and would continue the public hearing to the November 17, 1980, meeting of the Board. FILING OF REPORTS AND ADOPTION OF VACATION RESOLUTION NO. 3502, 1980 (HARTMAN AND MILLER ADDITION) VACATION RESOLUTION NO. 3502, 1980 RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, That it is desirable to vacate the following: REGULAR MEETING First 10' east -west alley north of South Bend Avenue running from the east right -of -way of Georgiana Street to the west right -of -way line of the first north -south alley for a distance of 118' in Hartman and Miller Add. NOVEMBER 10. 1980 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 No. 51, 52, 53 & 54, Hartman and Miller Addition. Notice of this Resolution shall be published on the 14th & 21st day of November, 1980, in the South Bend Tribune and in the Tri- County News. This Board, at its office, on the lst day of December, 1980, at 9:30 o'clock, A.M., will hear and receive remonstrances from all persons interested in or affected by these proceedings. Adopted this 10th day of November, 1980. BOARD OF PUBLIC WORKS s/ Patrick M. McMahon s/ Richard L. Hill s/ Joseph E. Kernan ATTEST: s/ Barbara J. Byers, Clerk The reports of the Area Plan Commission, Community Development Department and Department of Engineering indicated that there was no objection to the proposed vacation. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the reports were filed and Vacation Resolution No. 3502, 1980, was adopted and a public hearing set for December 1, 1980. REQUEST TO POST CRIME ALERT SIGNS IN FIRST DISTRICT Councilman Joseph Serge addressed the Board and requested the instal- lation of certain signs in the First District which would read, "Alert - Crime Area ", or "You are now entering crime watch area ". He stated that the residents have been concerned with the crime problem in the area and have expressed the desire to post the signs in the hopes of deterring criminals. He stated that signs of this kind have been used in Pontiac, Michigan. Mr. Hill stated that the Board was supportive of the plans the neighborhood had in this regard. Mr. McMahon stated that he felt signs of that type would not be any real problem, however, he wanted to write to Pontiac to determine how it handled the situation and whether or not South Bend could work along those same lines. APPROVE PROPOSAL FOR CONSULTING SERVICES (LAWSON- FISHER ASSOCIATES) Mr. McMahon stated that the city was desirous of retaining the firm of Lawson - Fisher Associates to provide professional advice in pursuing the I & M rate increase and objecting thereto. He stated REGULAR MEETING NOVEMBER 10, 1980 that Mr. Edward J. Hughes of that firm has been heavily involved with electric and utility rate increases and his knowledge would be invaluable to the city in opposing the increase.. He stated that the work would be done on an hourly basis and limited funds were available in the street lighting budget for that purpose. Mr. Hill stated that the city must counter the 16% increase with professional expertise since opponents of the increase would likewise have professional expertise in presenting its case. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the proposal was approved. Councilman Joseph Serge asked what could be done to get better service from I & M on street light service. Mr. McMahon stated that the contract the city had at present with I & M provided for no performance clause and the contract would be re- written with that in mind. He stated that this would be one of the points the city would use in filing an objection to the increase. APPROVE COMMUNITY DEVELOPMENT PROGRAM CONTRACT (SUBSTANDARD BUILDING DEPARTMENT) Ms. Marzy Bauer, Director of the Department of Community Development, advised that the department subcontracts the work which it funds for various projects, and this particular project dealt with an inspector for the Neighborhood Housing Services program under the Substandard Building Department. She stated that, in the past, the contracts had been signed by the Mayor, Controller and Attorney and she had been advised that, since the Board of Public Works was the contracting agency for the city, the contracts should also be submitted to the Board for approval. She advised that periodically she would be submitting all future contracts to the Board for approval. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the contract was approved. REJECT REQUEST TO LEASE OR PURCHASE FIRE STATION NO. 8 A request had previously been received from the Naptown Riders inquiring into the possible lease or purchase by the organization of Fire Station No. 8 located at Olive and Washington Streets. The matter was subsequently referred to the Controller and Fire Depart- ment for recommendation. In a memo to the Board, Assistant Chief Richard Switalski, advised that the Fire Department was using the facility for storage purposes since the storage requirements at the Municipal Services Facility were somewhat limited. Assistant Chief Switalski recommended that the city not lease or offer for sale the station at this time. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the request of the Naptown Riders was rejected. REQUEST OF SALVATION ARMY FOR ERECTION OF "TREE OF LIGHTS" A letter from the Salvation Army for permission to erect a "Tree of Lights" on River Bend Plaza during the Christmas Shopping Season was received. It was noted that the Salvation Army would be respon- sible for the construction of the tree and its dismantling after the holiday. Mr. McMahon stated that he felt the tree should be located on private property rather than in the Plaza area. Mr. Hill agreed, stating that he knew of several other organizations which would like to do something similar on the Plaza, and he felt all the requests could not be accommodated. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the request of the Salvation Army was rejected. APPROVE INSTALLATION OF STREET LIGHTS ON YORK ROAD Mr. Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, submitted his recommendation to the Board for the installation of six street lights in the vicinity of 5734 York Road (the area which was opened a few years ago and connects Crest Manor to the Kensington 1 r' REGULAR MEETING NOVEMBER 10, 1980 Farms Subdivision). A request from Councilman Robert Taylor had previously been received by the Board and referred to the Bureau of Traffic and Lighting on October 27, 1980. Mr. McMahon explained that the street light moritorium still remained in effect; however, when it could be determined that there was a threat to the public safety, lights would be approved for installation. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the street light installations were approved. APPROVAL OF TRAFFIC CONTROL DEVICE Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the following traffic control device was approved: Remove 15 Minute Parking - East side of Brookfield (700 N), first z block north of Rupel. REQUEST FOR RESTRICTED RESIDENTIAL PARKING (634 N. LAFAYETTE) A request from Dr. Jon Leipold for restricted parking in front of his building at 634 North Lafayette Boulevard was referred to the Board from the Mayor's Office. 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. FILING OF CERTIFICATE OF INSURANCE (ZIOLKOWSKI CONSTRUCTION COMPANY) Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the Certificate of Insurance for Ziolkowski Construction Company was filed effective to October 30, 1981. 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: Gretchen Baranowski 17942 Cleveland Road South Bend, Indiana STREET LIGHT OUTAGE REPORT The report indicated a total of four outages between the period of October 29 through November 3, 1980. Upon a motion made by Mr. McMahon, seconced by Mr. Hill and carried, the report was filed. APPROVAL OF CLAIMS Chief Deputy Controller Michael L. Vance submitted Claim Docket No. 20998 through No. 21353 and recommended approval. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the report was filed and the claims approved. There being no further business to was adjourned at 10:35 a.m., upon seconded by Mr. Hill and carried. ATTEST: Barbara J. Byers, aerk come before the Board, the meeting a motion made by Mr. McMahon, P'a"Frick Mi. MciMah� L � �iTt -