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HomeMy WebLinkAbout12/08/1980 Board of Public Works MinutesREGULAR MEETING DECEMBER 8, 1980 A regular meeting of the Board of Public Works was convened at 9:35 a.m., on Monday, December 8, 1980, °by Mr. Joseph E. Kernan in the absence of Board President Patrick M. McMahon, with Mr.. Richard L. Hill present. Deputy City Attorney Terry A. Crone was also present. MINUTES OF PREVIOUS MEETING APPROVED Upon a motion made by Mr. Hill, seconded by Mr. Kernan and carried, the minutes of the regular meeting of December 1, 1980, were approved as submitted. OPENING OF BIDS - GUARDRAIL INSTALLATION (ANGELA HILL AND IRONWOOD DRIVE) This was the date set for receiving bids for construction of guard - rails on Angela Hill and Ironwood Drive. 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: Fen -Guard Corporation 4925 Avondale Drive Fort Wayne, IN 46806 $5,544.00 Morse Electric Company 712 North Niles Avenue South Bend, IN 46617 $4,111.80 Project Fence Company 50820 U.S. 33 North South Bend, IN 46637 $5,303.76 Bid was signed by John A. Scudder, Jr., non - collusion affidavit was in order, and a bid bond in the amount of 5% of the bid was submitted. Bid was signed by Brett S. Morse, non- collusion affidavit was in order, and a bid bond in the amount of 5% of the bid was submitted. Bid was signed by Duaine P. Hesch, non - collusion affidavit was in order, and a certified check in the amount of $265.20 was submitted. Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, the above bids were referred to the Engineering Department for review and recommendation. OPENING OF BIDS - TOWING AND STORAGE OF ABANDONED VEHICLES This was the date set for receiving bids on the towing and storage of abandoned vehicles. 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. Kernan noted that no bids had been received for the project. PUBLIC HEARING - IMPROVEMENT RESOLUTION NO. 3501, 1980 (HAWBAKER STREET SANITARY SEWER PROJECT) The public hearing on the construction of sanitary sewers on Hawbaker Street, authorized under Improvement Resolution No. 3501, 1980, adopted by the Board on November 3, 1980, was previously scheduled on November 24, 1980. At that time, there was a question raised as to whether or not Mr. Irvin Bullard, 748 E. Hawbaker Street, was in favor of or opposed to the project since his name appeared on the original petition and the remonstrance filed with the Board on November 24th. For that reason, the Board had continued the public hearing to this date. Mr. Irvin Bullard stated that he had changed his mind regarding the sewer project and was now in favor of its construction. Mr. Ray DeRyckere, 644 E. Ireland Road, stated that he felt the property owners had been misled and received some wrong information concerning the project. He stated that he believed the preliminary estimate of the cost of the project only 1 REGULAR MEETING DECEMBER 8. 1980 covered the foot frontage, and he asked about the cost of hookup. Mr. John Leszczynski, City Engineer, stated that the preliminary figures did not include the cost of hook -up. He stated that the figures were estimates but he assured Mr. DeRyckere that the cost of the improvement would not increase but very likely would decrease somewhat. He stated that it could cost a couple hundred dollars for hook -up. Mr. DeRyckere felt it could cost the property owners as much as a couple thousand dollars. He asked about those property owners who now had sump pumps. Mr. Leszczynski stated that the sump pumps would not be eliminated unless the property owners made that decision in the hook -up to the improvement. Mr. DeRyckere stated that the project was being proposed to be constructed under the Barrett Law procedure whereby the city paid half the cost of the improvement. He further stated that some of the property owners had been told that, if they did not approve the project this time, they may not be able to take advantage of the Barrett Law procedure in the future if they chose to. Mr. Leszczynski stated that he was not aware of that. Mr. DeRyckere asked if there was a monthly fee charged even if the property owners did not immediately hook up to the sewer. Mr. Leszczynski stated that there was a monthly fee charged of $6.50 per month regardless of whether or not the property owners hooked up immediately. He stated that if the property owner did not have city water, that charge would be consistent because the sewage charge was determined on the amount of water used each month. Mr. DeRyckere stated that there was some talk about a retirement center being placed on the church property and the neighbors were concerned about this and the effect it would have on the sewer. He stated that his property and that of his neighbors was lower than the church property and he wondered if the sewer would be adequate for the needs of the retirement center. He complained about a problem which he was aware of on Fox Street and the fact that, after a storm, the sewers are not able to handle the water. Mr. Leszczynski stated that the city would not allow anyone to hook up to the sewer if the sewer could not handle the usage. He stated that the sewer project involved only sanitary sewer and not sanitary and storm sewer combined so there would not be a problem with rain storms. He assured Mr. DeRyckere that the Engineering Department has design criteria which determines whether or not there will be a problem with the amount of usage the sewers have based on the number of persons using it. Mr. Jerry Weldy, a representative of the Christian Center, stated that the retirement center Mr. DeRyckere referred to was very preliminary at this point. He felt it may not even come to pass. Mr. Kernan assured the property owners that, if the retirement center was constructed, it would be required to meet the standards set by the city and would not be allowed to hook up to the sewer if it was not capable of handling it. Mr. DeRyckere felt the cost would be higher than some of the property owners had been led to believe. He also felt there was a misunderstanding on whether or not the Barrett Law procedure would be used in the future should the residents then decide they wanted the project. He felt the residents were being caused an added burden because of the doctor's office in the neighborhood. Mr. Kernan advised Mr. DeRyckere that the Board could not speak to the individual points raised by Mr. DeRyckere concerning the information received by -the property owners from the Engineering Department; however, he assured the residents that the city, at no time, tried to mislead the property owners concerning the project. He stated that the city was acting on the matter only because a petition supporting it had been submitted for consideration, and the construction of such a sewer would be.a voluntary matter based on the feelings of a majority of the residents. He stated that, if there were five property owners against the project, the Board would turn it down, but, since there were now five property owners in favor of the project, the Board would have no alternative but to approve the project. Mr. DeRyckere asked Mr. Joseph Gosztola, 742 E. Ireland Road, if he would have petitioned for the sewer if his doctor's office would have been able to continue using his present septic tank. Mr. Kernan felt Mr. DeRyckere's question was irrelevant to the matter being considered by the Board. Mr. DeRyckere wondered what would happen to the doctor's property ( Gosztola) if the sewers were not approved. He wondered if the rezoning of Gosztola's i REGULAR MEETING DECEMBER 8, 1980 property would have gone through. Mr. Kernan stated that again, the Board could not address that matter since it was irrelevant . to the question of whether or not there was a majority of the property owners in favor of the project. Mr. Fred Ullery, 734 E. Ireland Road, wondered why the Board would not hold its decision temporarily. He stated that, two weeks ago when the original hearing was held, there were five property owners against the project. Mr. Hill stated that the reason the hearing was continued to this meeting was to allow time to determine whether or not the Bullards were in favor of or).against the project since their name had appeared on the original petition and the remonstrance. He stated that now the Bullards have stated they are in favor of the project and there were five property owners, or a majority, in favor of it. He further stated that all the Board can do is determine who is in favor and who is not, and the Board would have no authority to refuse the project since the majority was in favor of.it. Mr. Ullery felt the original petition could not be classified as a petition in favor of the project, but merely a request of the property owners to have the city prepare plans and figures on an estimate of what the project might cost if the residents chose to have the sewers put in. Mr. Kernan advised that, at the public hearing held on November 24th, there was no opposition from the residents to continuing the matter to this meeting. He pointed out that, based on the amount of assessed valuation and footage of property involved, those persons petitioning for the project constituted a greater number of assessed property for the project. Mr. Ullery maintained that the residents had been misled. He wondered if the cost of the sewer would be based on the usage by the taxpayers, and he asked about the church property. Mr. Leszczynski was of opinion that the church already had sewers available to it. Mr. Ullery stated that it had been felt the school property did not have adequate sewage facilities because the area upon which it stood was too low. Mr. Leszczynski stated that the school could hook up if it chose to do so. Mr. Kernan again tried to assure the residents against the project that the sewer would not be over -taxed and that, if this would be the case, the city would not allow the church or school to hook up to it. Mr. Ullery asked who was respon- sible if the sewer backed up in the residents' homes. Mr. Leszczynski stated that, if there was a problem with the main line, the city would assume the responsibility. Mr. Kernan asked if there was anyone else who wished to speak regarding the matter. Mr. John Smith, 626 E. Ireland Road, asked about the legality of charging $6.50 per month even though some of the property owners may not wish to hook up to the sewer immediately. Mr. Leszczynski stated that this was provided for in the city ordinances, and Mr. Crone also stated that State Statutes provide for this and also require the municipalities to mandate residents to hook up to the sewers. Mrs. John Smith expressed concern over the residential change in the neighborhood since Mr. Gosztola's property had been rezoned for the doctor's office. She felt the residents were opposing matters that directly affected their neighborhood and still the projects went through. Mr. Kernan concluded by stating that the question is whether or not a majority of the property owners were in favor of the project and, since a majority was, the Board would have no choice but to proceed with the project. Mr. Smith asked about a timetable for construction, and Mr. Leszczynski advised that construction would probably take place in the spring. Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, the public hearing was closed and the Engineering Department was instructed to prepare the necessary plans and specifications in order to advertise for bids on the project. 1 L _J u REGULAR MEETING DECEMBER 8, 1980 PUBLIC HEARING ON SUSPENSION OF TRASH HAULER'S LICENSE Mr. Kernan advised that the Board had received complaints about the operation of trash trucks in the vicinity of 1620 S. William Street. He stated that a hearing had been held on November 24, 1980, but Mr. Robert B. Weymon, the owner and operator of the truck, was not in attendance and there was some question as to whether or not he had received notice of the hearing. For that reason, the matter had been continued to this meeting. He noted that Mr. Weymon had called the Board office and advised that he was ill and would not be in attendance. Ms. Kathy Barnard, = Director of the Neighborhood Code Enforcement Office, stated that the complaint has been long- standing since earlier in the year. Mr. John Gish, Inspector, stated that he has cited Mr. Weymon in the past and has spoken with him concerning the violation. Ms. Barnard stated that, when the truck is parked at the above address, it is filled with garbage and trash. Mr. Hill stated that he realized Mr. Weymon was ill and could not attend the meeting; however, he felt there would be nothing Mr. Weymon could tell him that would make him change his mind about the violation. He made a motion to suspend Mr. Weymon's trash hauler's license effective December 15, 1980, at 12:00 noon, if no action was taken by Mr. Weymon prior to that time to cease operation of the trash trucks at the aforementioned location. Mr. Kernan seconded the motion, and it carried. Mr. Kernan advised that, even if the situation was corrected at this time, but there were similar problems in the future, the license would be revoked permanently. Mr. Hill stated that Mr. Weymon would be able to attend the Board meeting scheduled for December 15th and assure the Board that the practice would not continue. Mr. Kernan also advised that the property was zoned "A" Residential and not "C" Commercial as Mr. Weymon's representative had thought it was in a telephone conversation with the clerk. APPROVE DISPOSITION OF POLICE VEHICLES Chief Dan Thompson submitted a request to the Board for the disposal of two vehicles which have been determined are too costly to repair. Mr. Kernan asked if both vehicles had been assigned to the Special Operations Bureau, and Assistant Chief Spandward Mitchem advised that one of the vehicles was the paddywagon. Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, approval to dispose of the vehicles was given as per the following Resolution No. 22, 1980: RESOLUTION NO. 22 1980 WHEREAS, it has been determined by the Board of Public Works that the following vehicles are obsolete and deteriorated to the point where repair costs would exceed their value Police Department - Mechanical No. 719, 1973 Chevrolet Van Serial No. CGY253U140598 Mechanical No. 742, 1973 Mercury Serial No. 3Z46S503372 WHEREAS, Chapter 186, Acts of 1967, of the Indiana General Assembly, permits the sale of personal property no longer needed or obsolete. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that the above listed vehicles are obsolete and not needed by the City of South Bend. REGULAR MEETING DECEMBER 8, 1980 BE IT FURTHER RESOLVED that the Bureau of Vehicle Maintenance be authorized to scrap said vehicles and that they be removed from the City Vehicle Inventory. BOARD OF PUBLIC WORKS s/ Richard L. Hill s/ Joseph E. Kernan ATTEST: s/ Barbara J. Byers, Clerk APPROVE FINAL CHANGE ORDER — SCARIFICATION PROJECT (WALSH & KELLY) Mr. Kernan advised that Walsh & Kelly had submitted a final change order in the amount of a decrease of $19,842.57 for the 1980 Scarification Project. It was noted that the Engineering Depart- ment had reviewed the change order and had found it to be in order. Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, the final change order was approved. APPROVE FINAL CHANGE ORDER AND PROJECT COMPLETION AFFIDAVIT - BIRDSELL STREET CURB AND SIDEWALK PROJECT (RIETH -RILEY CONSTRUCTION) Mr. Kernan advised that Rieth -Riley Construction Company had sub- mitted a final change order in the amount of $21,793.69 which increased the original contract cost to $51,282.32 for the Birdsell Street Curb and Sidewalk Project. Mr. John Leszczynski, City Engineer, advised that the change order was necessitated because asphalt work had not been anticipated at the time the contract was let. Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, the change order and Project Completion Affidavit, with the maintenance agreement ending December 8, 1983, were approved. The Maintenance Bond was also filed upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried. APPROVE EXTRA WORK AGREEMENT - ORANGE - COLFAX CONNECTOR Mr. Kernan stated that an Extra Work Agreement between the state and Rieth -Riley Construction Company for additional work on the Orange- Colfax Connector was being submitted in the amount of $20,493.07. It was noted that the Engineering Department had reviewed the agreement. Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, the agreement was approved. APPROVE COMMUNITY DEVELOPMENT PROGRAM CONTRACTS Ms. Marzy Bauer, Director of the Department of Community Development, submitted for Board approval the following contracts for work under the Community Development Program: Tower Federal Savings & Loan $200,000.00 REAL Services 9,500.00 It was noted that the contracts fund routine program activities through Community Development. Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, the above contracts were approved. APPROVE ADDITIONAL PAYMENT TO LAWSON- FISHER ASSOCIATES (HYDROELECTRIC FEASIBILITY STUDY) Mr. Steve Compton, Deputy Director of the Department of Community Development, stated that the Board had previously approved a proposal of Lawson - Fisher Associates for consulting engineering services in connection with an application for a Department of Energy loan for a Hydroelectric Feasibility Study of the dam at Century Center in the amount of $1,000. He requested Board approval REGULAR MEETING DECEMBER 8, 1980 of the payment of an additional amount of $400 which was necessitated because of an expansion in the original scope of the work. Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, an additional amount of $400 was approved for payment. APPROVE LEASE OF NATIONAL GUARD ARMORY (NEWMAN CENTER) Mr. Kernan noted that the city's lease with the State of Indiana for the National Guard Armory had expired on December 31, 1979, and the city was desirous of continuing the lease until such time as it would be known if acquisition of the property could be made through the proposed Park Bond Issue. Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, the Lease Agree- ment was approved retroactive to January 1, 1980, through December 31, 1983, in the sum of One Dollar ($1.00). APPROVE ADVERTISING TO RECEIVE BIDS Assistant Chief Spandward Mitchem requested permission of the Board to advertise to receive bids for janitorial services for the Police Department for the year 1981. Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, the request was approved with bids to be received on December 29, 1980. Chief Deputy Controller Michael L. Vance requested permission of the Board to advertise to receive bids for uniform rental for Teamster employees for a two -year period. Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, the request was approved with bids to be received on December 29, 1980. FILING OF ASSESSMENT ROLL - VACATION RESOLUTION NO. 3502, 1980 (EAST -WEST ALLEY NORTH OF SOUTH BEND AVENUE) John E. Leszczynski, City Engineer, filed an Assessment Roll with respect to Vacation Resolution No. 3502, 1980, for the vacation of the first 10 foot 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 feet in Hartman and Miller Addition. The follow- ing property may be injuriously or beneficially affected by such vacation: Lots No. 51, 52, 53 & 54, Hartman and Miller Addition The Assessment Roll lists $0.00 net damages and $0,00 net benefits to the abutting properties. Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, the Assessment Roll was filed and set for public hearing on January 5, 1981. APPROVE PURCHASE AGREEMENTS FOR SALE OF CITY -OWNED PROPERTY (123 ST. PAUL PLACE) Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, the Board approved the Purchase Agreement for the sale of city - owned property at 123 St. Paul Place to James Knight and Delores Knight, husband and wife, in the amount of $214.00. It was noted that the necessary approvals of the various city agencies and Common Council had been obtained and an offering price of $214.00 established. APPROVE TEMPORARY CLOSING OF LOGAN STREET ENTRANCE TO BERCLIFF ESTATES In response to a petition submitted to the Board on October 6, 1980, Mr. Leszczynski, City Engineer, recommended the temporary closing of the Logan Street entrance to Bercliff Estates on a temporary basis for a six -month trial period, at which time further review would be given the matter. Mr. Kernan stated that the request to 'A REGULAR MEETING DECMEBER 8, 1980 close the entrance had been referred and investigated by the Engineer- ing Department, Fire Department and the Bureau of Traffic and Light- ing to determine the impact of the closing on the other entrance into the subdivision. In his recommendation to the Board, Mr. Leszczynski advised that on -going traffic studies will be conducted to monitor the effects of the street closing. Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, the Logan Street entrance was temporarily closed for six -month period. REQUEST TO PURCHASE CITY -OWNED PROPERTY (1034 CEDAR STREET) A request to purchase city -owned property at 1034 Cedar Street was received from Mr. Jack Fisher, Forbes- Varner Realtors. Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, the request was referred to the various city agencies for a determination as to whether or not the city need retain the property for any reason. REQUEST OF KNIGHTS OF COLUMBUS FOR MARCH FOR LIFE - JANUARY 18, 1981. A request from Joel W. Amendolea, Pro -Life Chairman of the Knights of Columbus Council No. 553, for a March for Life to be held on Sunday, January 18, 1981, starting at 1:00 p.m., utilizing.the route used in the past was received by the Board. Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, the request was referred to the Bureau of Traffic and Lighting and the Police Department Traffic Division for review and recommendation. REQUEST FOR MICHIANA BLOOD DONORS RUN - MAY 23, 1981 The Board received the request of the St. Joseph County Chapter of the American Red Cross, the St. Joseph County Blood Bank Advisory Committee and the South Bend Medical Foundation for permission to hold a marathon on Saturday, May 23, 1981, commencing at 9:00 a.m. commencing at Leeper Park and running northwest along Riverside to Pinhook Park and return. Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, the request was referred to the Bureau of Traffic and Lighting, the Police Traffic Division and the Park Department for review and recommendation. APPROVE 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 CONDITION Lot N. of 213 N. Kenmore 1322 E. Indiana Lot W. of 222 E. Dubail 1st Lot N. of 729 Cottage Grove 1001 E. Cedar Lot 715 Marietta 743 S. Michigan 715 S. Brookfield Alley 300 blk. Iowa 225 N. Huey & Kentucky Litter, brush Litter, remodeling remains, junk in rear Demolition remains, litter, brush boxes, furniture, junk Table rear of lot, litter, brush Barrel on parkway Litter, furniture, junk, garbage Junk, garbage, trash Garbage & trash Box contains feet and part of head of a pig Furniture, garbage, trash 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. Kernan, seconded by Mr. Hill and carried, the request was approved. 1 1 1 REGULAR MEETING APPROVE HANDICAPPED PARKING PERMITS Upon a motion made by Mr. the following handicapped referred to the Deputy Coi Paul F. Boehm. 227 Rue Bossuet South Bend, IN Leon B. Kaj zer 412 S. Camden South Bend, IN Auburn T. Garner 617 S. Byrkit Mishawaka, IN DECEMBER 8. 1980 Kernan, seconded by Mr. Hill and carried, parking permits were approved and Ztroller's Office for issuance: Zerlina E. Hansman 1321 Edgewood Dr. South Bend, IN John Pecsi 1709 Douglas South Bend, IN Helen A. Zellers 1861 N Johnson South Bend, IN FILING OF STREET LIGHT OUTAGE REPORT The report indicated a total of one outage for November 27, 1980. Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, the report was filed. APPROVAL OF CLAIMS Chief Deputy Controller Michael L. Vance submitted Claim Docket No. 22376 through No. 22764 and recommended approval. Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, the report was filed and the claims approved. STATUS REPORT ON STORAGE TANKS AT PRENCO SITE Mr. Terry Crone advised that the Board had previously requested that the Wastewater Treatment Plant conduct an analysis of the material left in the tanks at the Prenco site. Mr. Crone stated that the city was unable to analyze the liquid matter left in the storage tanks, and Mr. John Leszczynski, City Engineer, had indicated that it would be necessary to contact an outside lab. Mr. Leszczynski estimated that the analysis could cost approx- imately $1,000. He stated that the University of Notre Dame lab also was not able to verify the liquid. Mr. Hill stated that he was concerned about the cost of the analysis but he felt the city would have no choice but to get a determination of the liquid so that it could be properly disposed of. Mr. Kernan stated that the city could look to Prenco for the costs associated with the analysis in any suit or claim filed against them. Mr. Hill asked Mr. Leszczynski to obtain the analysis through an outside firm. There being no further business to come before the Board, upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, the meeting was adjourned at 10:40 a.m. c ar L. Hill 0 AAJ0_ '� Z"' seph E. Kern—an ATTEST: Barbara J. Byers, C rck