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HomeMy WebLinkAbout12/15/1980 Board of Public Works MinutesREGULAR MEETING DECEMBER 15, 1980 A regular meeting of the Board of Public Works was convened at 9:40 a.m., on Monday, December 15, 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. Hill, seconded by Mr. Kernan and carried, the minutes of the regular meeting of December 8, 1980, were approved as submitted. AGENDA ITEMS ADDED Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the following items were added to the agenda: 1. Approval of a Project Completion Affidavit for Walsh and Kelly for 1980 Scarification Project; 2. Approval of request to re- advertise to receive bids for the towing and storage of abandoned vehicles; 3. Approval of Change Order No. 7 with Plaia Con- struction Co. for rehabilitation of 222 Lincolnway W. OPENING OF BIDS - CONTRACTUAL AGREEMENT FOR STREET SWEEPING This was the date set for receiving bids for a contractual agreement for street sweeping of certain designated streets. 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: Deeds Equipment Co. Bid was signed by John K. 8015 E. 45th Street Brennan, non - collusion affidavit Lawrence, Indiana was in order, and a bid bond in the amount of 10% of the bid was submitted. One -year contract - Hourly Rate: $119.80 Two -year contract - Hourly Rate: 132.00 Three -year contract - Hourly Rate: 145.20 Ries Equipment Company Bid was signed by James F. Ries, 2804 N. Catherwood Ave. non- collusion affidavit was in Indianapolis, Indiana order, and a bid bond in the amount of 10% of the bid was submitted. One -year contract Hourly Rate: $113.04 Two -year contract - Hourly Rate: 124.46 Three -year contract - Hourly Rate: 136.90 Mr. John Baumgartner, Manager of the Division of Transportation, explained that a total of 103 lineal miles was to be covered and the number of sweepers to be used to accomplish the cleaning was to be at the discretion of the successful bidder. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the above bids were referred to the Street Department and Engineering Department for review and recommendation. REGULAR MEETING OPENING OF BIDS AND BID AWARD - STREET DEPARTMENT EQUIPMENT (ALLEY MAINTAINER) DECEMBER 15. 1980 This was the date set for receiving bids for the purchase of a used Alley Maintainer for the Street 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 bid was opened and publicly read: Deeds Equipment Co. Bid was signed by John K. Brennan, 8015 E. 45th Street non- collusion affidavit was in Lawrence, Indiana order, and a bid bond in the amount of 10% of the bid was submitted. One (1) Huber Model M -850 Maintainer $24,788.00 Option: Deluxe cab included of $5,200.00 Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the above bid was referred to the Street Department for review and recommendation. Prior to adjournment of the meeting, Mr. Baumgartner recommended that the bid of Deeds Equipment be awarded for the alley maintainer in the amount of $19,588.00 (deducting the deluxe cab in the amount of $5,200.00), in order that the funds for the purchase of the equipment could be encumbered prior to the cut -off of purchase orders for the 1980 calendar year. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the bid was awarded in the amount of $19,588.00. AWARD BID - MORSE ELECTRIC (INSTALLATION OF GUARDRAILS - ANGELA HILL AND IRONWOOD DRIVE) Mr. John E. Leszczynski, City Engineer, recommended that the low bid of Morse Electric in the amount of $4,111.80 for the installa- tion of guardrails on Angela Hill and a portion of Ironwood Drive be awarded. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the bid was awarded in the amount of $4,111.80. APPROVE PROJECT COMPLETION AFFIDAIVT - WALSH & KELLY (1980 SCARIFICATION PROJECT) Mr. McMahon noted that the 1980 Scarification Project had been completed by Walsh & Kelly in the total amount of $202,163.73. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the Project Completion Affidavit was approved, subject to the filing of the required Maintenance Bond with the maintenance agreement to run to December 15, 1983. APPROVE RE- ADVERTISING FOR BIDS - TOWING AND STORAGE OF ABANDONED VEHICLES Mr. McMahon stated that the Board had previously advertised to receive bids for the towing and storage of abandoned vehicles; however, no bids had been received on December 8, 1980. In view of that, the specifications had been re- written to provide two separate contracts, one for towing and one for storage of the towed vehicles. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan . and carried, the request to re- advertise for bids was approved. APPROVE CHANGE ORDER NO. 1 - ST. JOSEPH VALLEY STRUCTURAL STEEL (FIRST BANK CENTER PROJECT) Mr. McMahon noted that a change order in an increase of $60,000.00 to the original contract with St. Joseph Valley Structural Steel Corporation for the erection of steel in the Atrium portion of First Bank Center and installation of guard rail in the Garage portion was being submitted for Board approval. He explained that, in'. 1979, bids were,received for this portion of the project, but the bids had come in extremely high over the budget figure and the project was re- advertised for the material portion of work only with the hope that negotiations would bring the erection of the steel portion down. He stated that the above change order was a i REGULAR MEETING DECEMBER 15, 1980 result of those negotiatons and had been reviewed by the Construction Manager and Architect and found to be in order. He stated that the revised contract total would be $387,000.00. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, Change Order No, l in the amount of $60,000.00 was approved. ADOPTION OF RESOLUTION NO. 23, 1980 - DISPOSE OF FIRE DEPARTMENT VEHICLE RESOLUTION NO. 23, 1980 WHEREAS, it has been determined by the Board of Public Works that the following vehicle is obsolete and deteriorated to the point where repair costs would exceed its value: Fire Department Mechanical No. 101 1979 - Ford Ltd. Serial No. 9H27F131893 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 vehicle is obsolete and not needed by the City of South Bend. BE IT FURTHER RESOLVED that the Bureau of Vehicle Mainten- ance be authorized to scrap said vehicle and that it be removed from the City Vehicle Inventory. Adopted: December 15, 1980 BOARD OF PUBLIC WORKS s/ Patrick M. McMahon s/ Richard L. Hill s/ Joseph E. Kernan ATTEST: s/ Barbara J. Byers, Clerk In a letter to the Board, Chief Brassell requested permission to dispose of an obsolete 1979 Ford Ltd. which was damaged beyond repair in an accident on November 3, 1980. Chief Brassell also requested the purchase of a 1981 Chevrolet Malibu from L. 0. Gates in the amount of $7,588 to replace the obsolete 1979 Ford. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, permission was given to Chief Brassell and the above resolution was adopted. APPROVE RECOMMENDATION TO DENY TAXI CAB LICENSE Mr. Kernan recommended that the taxi cab license application of Henry C. Greer, 1715 South Franklin Street, be denied based on the fact that incomplete information had been provided and Mr. Greer's driver's license has been suspended. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the recommendation to deny the license was approved and the Clerk was instructed to notify Mr. Greer of his right to have a hearing before the Board on this matter if he so desired. Mr. Kernan abstained from voting. I 1 0-,,fr- -, REGULAR MEETING APPROVE PURCHASE AGREEMENTS FOR SALE OF CITY - OWNED PROPERTY (1613 S. CARROLL) DECEMBER 15, 1980 Mr. McMahon noted that Mrs. Viola Laurence, 133 East Milton Street, had previously expressed an interest in purchasing a city - owned lot located at 1613 South Carroll Street. The Board had approved the sale of the lot, alon with the Common Council, and an offering price had been set of 247.00. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the Purchase Agreements were approved and executed, and the Legal Department was instructed to prepare the appropriate Quit -Claim Deed for conveyance of the property to.Mrs. Laurence. APPROVE CHANGE ORDER NOS. 6 AND 7 AND PROJECT COMPLETION AFFIDAVIT PLAIA CONSTRUCTION (RENOVATION OF 2222 LINCOLNWAY WEST) Mr. James Markle, Building Commissioner, submitted the following change orders from Plaia Construction for renovation and rehabilita- tion work at 2222 Li.ncolnway West: Change Order No. 6 Increase of $69.00 to remove and replace main water line to allow for door and ceiling clearance. Change Order No. 7 Increase of $90.00 for cutting off metal doors and re- installation: Mr. McMahon noted that, with the above change orders, the revised total contract amount was $41,923.00 as indicated on the Project Completion Affidavit. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the above change orders were approved. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the Project Completion Affidavit was approved and the Waiver of Lien was filed. DENY OPEN AIR STAND LICENSE FOR RIVER BEND PLAZA - DENNIS SMITH Mr. Dennis Smith, 906 East Fairview, South Bend, Indiana, submitted an application for an open air stand license on River Bend Plaza to sell a product for athletic and recreational use at the Photo Hut on the Plaza. He stated that he had obtained permission from the owner of the Photo Hut, Cavalier Camera, and he stated that he wanted to test market his product in South Bend. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the applica- tion was denied consistent with the Board's policy of not approving licenses for a product which would be in competition with the existing downtown merchants. Mr. McMahon encouraged Mr. Smith to contact the downtown merchants to see whether or not he could sell his merchandise at one of the stores. He pointed out that, because of anticipated demolition on that portion of River Bend Plaza, there was uncertainty as to how long the stand would remain and further, since the stand had been vacant since early summer, the Board was desirous of having it removed. REQUEST OF RIVER PARK NEIGHBORHOOD ASSOCIATION AND NUNER PTA FOR PARADE A request from Sharon Lee Hendrickson for permission to conduct a march or parade on January 14, 1981, commencing at 6:00 p.m., at the intersection of Mishawaka Avenue and 30th Street and ending at John Adams High School, sponsored by the River Park Neighborhood Association and the John Nuner PTA was received by the Board. Mr. McMahon noted that there would be approximately 100 participants and no vehicles. He expressed concern over having to close Mishawaka Avenue for the march and the disruption of traffic which would be caused. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the request was referred to the Bureau of Traffic and Lighting and the Traffic Division of the Police Department for review and recommendation. REGULAR MEETING I DECEMBER 15, 1980 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: Southold Heritage Foundation $30,000.00 ACTION, Inc. 5,000.00 It was noted that the contracts fund routine program activities through Community.Develop Upon a motion invade by Mr. McMahon, seconded by Mr. Hill and carried, the above contracts were approved. APPROVE ADVERTISING FOR 'BIDS FELLOWS STREET IMPROVEMENTS Mr. David A. Wells, Manager of the Bureau of Administration and Design, requested permission to advertise to receivd bids for the Fellows Street Improvement Project as authorized under Improvement Resolu- tion No. 3499, 1980, utilizing the Barrett Law procedure. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the request was approved. APPROVE AND SIGN TITLE SHEET '(TOPSFIELD II Mr. McMahon noted that the title sheet for sewer, water and street improvements in Topsfield II was being submitted for Board approval. He stated that the plans had been reviewed by the Engineering Department and had been found to be consistent with city standards. Upon a motion made by Mr_ McMahon, seconded by Mr. Hill and carried, the title sheet was approved. APPROVE ENVIRONMENTAL CLEAN -UP OF LOTS A request from the Neighborhood Code Enforcement Office was received for permission to have city environmental crews clean the following lots within the city: ADDRESS CONDITION Lot S. of 1134 Burns (1130) 833 S. 29th Lot w. of 138 Pennsylvania (134) Lot E. of 307 Pennsylvania (309) 1241 E. Corby 1st lot E. of 408 Keasey 1508 W. Poland Lot E. of 1119 E. Indiana (1123) Lot S. of 1520 S. Chapin (1526) Lot S. of 1521 Catalpa (1525) S/W corner Linden & Chicago Across from 214 N. Illinois S/W corner Kenmore & Jefferson 050 -049 2 lots S. of house 205 S. Lake All lots S. of 210 S. Lake to alley Lot N. of 129 S. Iowa Lot S. of 118 S. Iowa Lot across from 134 S. Iowa Lot s/w corner Jefferson All lots S. of 212 S. Iowa Lot N. of 139 S. Kentucky s/w corner Jefferson &Kentucky All lots S. of alley, S . :of 213 S. Kentucky to turn around Lot S. of 314 S. Kentucky All lots N. of 314 S. Kentucky to N. of alley Furniture, junk, old barrels Mattress chair & mattress litter, bushes Litter trash uncollected Grass cutting Litter Litter Brush, trash, litter, junk Garden & weeds Garden & weeds Weeds Garden & weeds Garden Garden & weeds Garden & weeds Weeds Garden & Weeds weeds Garden & weeds Weeds Garden 1 L _J REGULAR MEETING ADDRESS DECEMBER 15, 1980 CONDITION Lots N. of 214 S. Kentucky Weeds Lot S. of 214 S. Kentucky to alley Weeds Lots S. of 111 S. Dundee All lots S. of 211 S. Dundee 1st Alley N. of Western on Dundee bakery to 1st house Lots N. of 142 S. Dundee to 1st house Lots N. of 121 S. Camden to Washington 2 lots N. of 122 S. Camden 2 lots S. of 122 S. Camden 2 lots S. of 314 S. Liberty 2 lots S. of 210 S. Camden All lots S. of 209 Bendix Lot N. of 314 S. Bendix Lots N. of 109 S. Bendix S/W lots S. of 109 S. Bendix N/E corner Bendix & Washington N/W corner Kaley & Washington N/E corner Holland & Kaley, E. to Meade 2 lots N. of 318 S. Meade S/W corner Meade & Jefferson N/W corner Jefferson & Meade Lots across from 2616 W. Jefferson to Kaley All lots N. of 145 S. Kaley, N. first house 024 -025 on Chicago & Jefferson Washington & Chicago S/W corner N. of 110 N. Chicago Across from 110 N. Illinois Lot S. of 322 S. Kenmore On Falcon N. of 325 S. Falcon N of 125 S. Lake 2 lots on S. Lake N. from turnaround W. side Lots N. of 325 S. Iowa Kentucky & Washington s/w corner Lot S. of 213 S. Kentucky Weeds Weeds Weeds Weeds Weeds Weeds Weeds & garden Weeds Weeds Garden Weeds & garden Garden & weeds Garden & brush 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. APPROVE CANCELLATION OF EXCAVATION BONDS Mr. McMahon noted that a request had been received for the cancellation of the Excavation Bonds of Herbert H. Law and Donald A. Madaris, d /b /a Speedy Drain Cleaners. Mr. Ray S. Andrysiak recommended that the Bonds be cancelled effective December 15, 1980. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the above Bonds were cancelled. APPROVE HANDICAPPED PARKING PERMITS Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the following handicapped parking permits were approved and referred to the Deputy Controller's Office for issuance: Frank Simon, 1218 S. Twyckenham, South Bend (renewal) James A. Allen, 2528 Sampson, South Bend (renewal Paul Deardorff, 11875 River Drive, Mishawaka (renewal) Jack A. Benedict, 1021 Canterbury, South Bend (renewal) mss,, REGULAR MEETING DECEMBER 15, 1980 John and Virginia Wells, 52595 Fir Road, Granger (renewal) Ethel Bussell, 827 Patterson Dr., South Bend (renewal) Harold L. Cooke, 622 E. Victoria, South Bend (new)* Eleanor Harris, 628 Western, South Bend (renewal) *Verification from the Disabled American Veterans Association was enclosed in lieu of a doctor's statement. FILING OF MONTHLY REPORT - ST. JOSEPH COUNTY HUMANE SOCIETY Mr. McMahon noted that the Humane Society would be filing monthly reports with the'Board in conjunction with a request by the city when it approved the Society's contract for the year 1981. The report indicated a monthly total for November of 215 dogs handled in South Bend, lll.cats handled and 6 miscellaneous animals. The totals for the year for the same categories were 3,140, 1705 and 424. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the report was filed. FILING OF CERTIFICATES OF INSURANCE Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the following Certificates of Insurance were filed: Cole Associates, Inc. 2211 E. Jefferson Blvd. McCormick & Company 11350 McCormick Road Hunt Valley, Maryland Effective to December 31, 1981 Effective to December 1, 1981 FILING OF STREET LIGHT OUTAGE REPORT The report indicated a total of five outages December 3 through December 11, 1980. Upon ,a McMahon, seconded by Mr. Kernan and carried, APPROVAL OF CLAIMS between the period of motion made by Mr. the report was filed. Chief Deputy Controller Michael L. Vance submitted Claim Docket No. 22765 through No. 23517 and recommended approval. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the report was filed and the claims approved. OPERATION OF TRASH BUSINESS AT 1620 SOUTH WILLIAMS (ROBERT WEYMON) Mr. Hill explained that the Board had previously, on December 8, 1980, considered the complaint of the Rum Village Neighborhood Association regarding the operation of Mr. Robert Weymon's trash business by the loading of trash and parking of a large dump truck in the vicinity of 1620 South Williams Street. On December 8, 1980 . the Board had decided to suspend Mr. Weymon's license effective December 15, 1980, at noon if the violation continued. Mr. Hill advised Mr. Weymon, who was in attendance, that there was a pro hibition against the parking of a trash truck in a residential area, and it had been determined that the property at 1620 S. Williams Street was zoned "A" Residential. Mr. Hill felt the partial operation of the trash business at the above address definitely had a negative effect on the neighborhood. Mr. Weymon stated that he denied Mr. Hill's comments and explained that the only reason the trash had been found in the truck while it was parked at 1620 S. Williams Street was because he had a breakdown on the truck and had experienced a delay in getting the necessary repair parts. He stated that the truck is always kept in a nice, operating condition and the area where he parked it was always kept clean. He informed the Board that the cost to him was too high if he was ordered to dump the truck on a daily basis, and if he could not operate his business in this way, he would be forced n it 1 REGULAR MEETING DECEMBER 15, 1980 to depend on welfare. He advised that 'he had moved the truck from the above location as requested and, over the weekend, the truck had been vandalized and the gasoline had been siphoned. He stated that this had happened on Fillmore Road where he had stored the truck for the weekend, Mr. Hill stated that the only issue was the location of where the truck had been parked and the parking of the truck in a residential.area was clearly a violation of the Municipal Code. Mr. Weymon stated that he had received permission from a representative of Martin Tool & Die on Indiana Avenue to park his truck on its property. He stated that many other trash haulers are also guilty of parking their partially full trucks in residential areas, and he wondered why they were not cited for the offense and he had been. Mr. Hill advised Mr. Weymon that, if there were.other violations of trash haulers, the Board would appreciate knowing about them. Mr. Weymon stated that he did not feel it would be proper for him to inform the Board of these trash haulers. Mr. Hill stated that he appreciated Mr. Weymon's comments and acknowledged that the Board probably did not know of every violation which took place, but, if a complaint was received, the complaint would be checked out as what had happened in Mr. Weymon's case -. Mr. Weymon asked if he could park his truck at Martin. Tool & Die, and Mr. Hill stated that the city would have to make a check into that. He cautioned Mr. Weymon that the business could fall under the non- conforming use provision of the Municipal Code and it may be possible the truck could not be parked there even if permission was given by the owner. He stated that the Board wanted Mr. Weymon's assurance that the trucks would no longer be parked at the Williams Street address. Mr. Weymon wondered what the city would do for him concerning the vandalism done to his truck while it was parked on Fillmore Road. Mr. Hill expressed concern over Mr. Weymon's situation, but advised him that the city had no control over that. He stated that the city had an obligation to see that Mr. Weymon did not park his truck in a residential area in violation of the Municipal Code. Mr. Weymon asked for the city's support in trying to obtain more police protection for the storage of his truck. Mr. Hill stated that he would personally be willing to communicate Mr. Weymon's problem to the County Police, but he suggested that Mr. Weymon contact them himself. He stated that there was no guarantee that Mr. Weymon would not have further problems in that regard. Mr. Weymon advised the Board that he has moved the truck as he had been ordered to and further that it would no longer be parked at the 1620 S. Williams Street address. Mr. Hill informed Mr. Weymon that he would contact the Sheriff's Office and discuss the vandalism problem with them. Upon a motion made by Mr.. McMahon, seconded by Mr. Hill and carried, the action to suspend Mr. Weymon's license was revoked based on Mr. Weymon's representation that he would not park the truck in the residential . area any longer. SEWER COMPLAINT - CLEARVIEW PLACE Mrs. Jeanette Gundeck, 725 Clearview Place, stated that she was the spokesman for her neighbors concerning the problems they had experienced for the last four years with annoying sewer gas and finally the collapse of the sewer over the weekend. She read a letter concerning the problems and cited three different occasions when problems had been experienced because of what she claimed was faulty sewer construction. Mr. McMahon assured Mrs. Gundeck that the Board would look into the matter and report back to her. He asked Mr. John Leszczynski, City Engineer, to check into the matter. Mr. Leszczynski advised that the cave -in had occurred on Friday, December 12, 1980, and that the Sewer Department was now in the process of replacing the line. 12273 REGULAR MEETING DECEMBER 15, 1980 ENVIRONMENTAL VIOLATION - SOUTH BEND FENCE Mr. Gene Minnick, 1709 Fassnacht, informed the Board about a problem he had experienced.over three years ago concerning an environmental problem which South Bend Fence had been cited for. He stated that, despite contacts made with the Substandard Building Department and the Code Enforcement Office, he had received no satisfaction concerning the matter and the repay- ment of the bond he had been ordered to post. Mr. McMahon asked Ms. Kathy Barnard, Director of the Neighborhood Code Enforcement, to look into the matter for Mr. Minnick. Mr. Minnick also talked about a problem experienced by his company last winter concerning snow being dumped in the driveway. He stated that he had filed a claim with the city, but had heard nothing. Mr. Hill advised him that both problems could be handled by the Legal Department. BARRETT LAW SIDEWALK PROJECT FOR PHILLIPA STREET RESIDENTS Mr. McMahon informed the Board that, at the November 24th meeting, the property owners involved on the Phillipa Street Sanitary Sewer Project had been given a two -week notice to notify the Board as to whether or not they wished to have sidewalks repaired under the'Barrett Law procedure. He advised that no response to have the work done had been received by the Board office and the two - week period had expired on December 8th. There being no further business to come before the Board, the meeting was adjourned at 10:40 a.m., upon a.motion made by Mr. McMahon, seconded by Mr. Kernan and carried, j C ...Patric M. McMahon Richard ar L. Hill osep E. Kernan ATTEST: Barbara J. Byer , Clerk 1 1