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HomeMy WebLinkAbout10/20/97 Board of Public Works Minutes435 REGULAR MEETING OCTOBER 20, 1997 The regular meeting of the Board of Public Works was convened at 9:35 a.m. on Monday, October 20, 1997, by Board Member James R. Caldwell, with Mr. Carl P. Littrell and Ms. M. Catherine Roemer present. Also present was Board Attorney Michelle Engel. ADD/REMOVE AGENDA ITEMS Upon a motion made by Mr. Caldwell, seconded by Ms. Roemer and carried, the agenda item for an Award of Quotation for the State Theater Marquee Rehabilitation was removed and an agenda item for a Grant of Easement was added. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Caldwell, seconded by Ms. Roemer and carried, the minutes of the regular meeting of the Board held on October 13,1997, were approved. PUBLIC HEARING - APPLICATION FOR TRANSIENT MERCHANT LICENSE - VILLAGE WEST ENTERPRISES, INC. Mr. Caldwell advised that this was the date set for the Board's Public Hearing concerning an application for a Transient Merchant License, as submitted by Ms. Rita Stansu, RR 1, Lake Village, Indiana, to conduct the sale of firearms at Union Station, on November 1 and 2, 1997. Mr. Caldwell stated that favorable recommendations have been received from the Police Department, Fire Department and the Building Commissioner. The Legal Department has stated that the appropriate Certificate of Insurance be provided, and that no children's events are taking place within two hundred (200) feet of Union Sation on November 1 and 2, 1997. Ms. Rita Stansu, RR 1, Lake Village, Indiana, was present, and stated that this will be the third time they have conducted this event in South Bend. Mr. Caldwell asked Ms. Stansu if any children's events would be taking place within two hundred (200) feet from the gun show. Ms. Stansu replied there were not. There being no one else present wishing to address the Board concerning this matter, the Public Hearing was closed. Therefore, upon a motion made by Mr. Caldwell, seconded by Ms. Roemer and carried, the Application for a Transient Merchant License was approved, subject to a Certificate of Insurance, and there being no children's events taking place within two hundred (200) feet of the gun show event. OPENING AND AWARD OF QUOTATIONS - BROADWAY STREET UTILITY TAP LOCATIONS - PROJECT NO. 97-103 Mr. Caldwell advised that this was the date set for the receiving and opening of sealed Quotations for the above referred to project. The following Quotations were opened and read: HRP CONSTRUCTION, INC. Post Office Box 266 South Bend, Indiana 46624-0266 Quotation was submitted by Mr. Paul Fallon, President QUOTATION: 129, 070. 00 DYE MECHANICAL, INC. 3535 Monroe Street LaPorte, Indiana 46350 Quotation was submitted by Mr. Charles L. Dye, President QUOTATION: $32,430.00 436 REGULAR MEETING OCTOBER 20, 1997 Upon a motion made by Mr. Caldwell, seconded by Mr. Littrell and carried, the above Quotations were referred to the Division of Engineering for review and recommendation. After reviewing those quotations, Mr. Littrell recommends that the Board award the contract to HRP Construction, Post Office Box 266, South Bend, Indiana, in the amount of $29,070.00. Therefore, Mr. Littrell made a motion that the recommendation be accepted and the quotation be awarded as outlined above. Ms. Roemer seconded the motion which carried. In addition, the Construction Contract for the above referred to project was approved, upon a motion made by Mr. Caldwell, and seconded by Ms. Roemer and carried. AWARD BID - WEST CLEVELAND ROAD INDUSTRIAL PARK - PHASE I - MEGHAN BEELER COURT - PROJECT NO. 97-83 Mr. Carl P. Littrell, Director, Division of Engineering, advised the Board that on October 13, 1997, bids were received and opened for the above referred to project. After reviewing those bids, Mr. Littrell recommends that the Board award the contract to Youngs Excavating, Inc., 50563 Dusty Trail Court, Granger, Indiana, in the amount of $378,955.12. Therefore, Mr. Caldwell made a motion that the recommendation be accepted and the bid be awarded as outlined above. Ms. Roemer seconded the motion which carried. APPROVE CONSTRUCTION CONTRACT U.S. 31 INDUSTRIAL PARK SECTION ONE - SANITARY SEWER, WATER MAIN, DRAINAGE AND ROADWAY CONSTRUCTION - PROJECT NO. 97-82 Mr. Caldwell advised that in accordance with the bid awarded on October 13, 1997, to R&R Excavating, Inc., 2010 Went Avenue, Mishawaka, Indiana, in the amount of $465,348.50 for the above referred to project, a Contract in said amount was being submitted for Board approval. Upon a motion made by Mr. Littrell, seconded by Ms. Roemer and carried, the Contract was approved and the appropriate Certificate of Insurance, Performance Bond and Labor and Materials Payment Bond as submitted were filed. APPROVE CHANGE ORDER - NORTHEAST NEIGHBORHOOD SIDEWALK, CURB AND APPROACH REPAIRS - PROJECT NO. 97-41 Mr. Caldwell advised that Mr. Toy Villa, Public Construction Manager, has submitted the Final Change Order on behalf of Batteast Construction Company, Inc., 430 East LaSalle, South Bend, Indiana, indicating that the Contract amount be increased $7,181.40 for a new Contract sum including this Change Order in the amount of $55,364.40. Upon a motion made by Mr. Littrell, seconded by Ms. Roemer and carried, the Change Order was approved. ADOPT RESOLUTION NO. 80-1997 - SPECIAL CONSTRUCTION CHARGE FOR THE MORRIS CIVIC AUDITORIUM Upon a motion made by Mr. Caldwell, seconded by Mr. Littrell and carried, the following Resolution was adopted by the Board of Public Works: APPROVING THE SPECIAL CONSTRUCTION CHARGE FOR THE MORRIS CIVIC AUDITORIUM WHEREAS, the City of South Bend Engineering has found it necessary to expand Morris Civic Auditorium West into the North -South alley; and WHEREAS, such expansion necessitates the removal of Ameritech's 1500 pair cable from M.H. 225 N. Michigan south; and WHEREAS, Ameritech has submitted a estimate of the cost of moving its cable; and WHEREAS, Ameritech's cost estimate has been approved by Community & Economic Development; and WHEREAS, the Community & Economic Development of the City of South Bend has appropriated sufficient TIF funds in the South Bend Central Development Area and in the amount of $17,247.00 for the cost of construction of engineering, construction and materials associated with 437 REGULAR MEETING OCTOBER 20, 1997 moving Ameritech's cable; and WHEREAS, the TIF will be reimbursed from bond proceeds of the Morris bond. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS FOR THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: 1. The Board of Public Works finds it necessary to fund Ameritech's removal of its cable so that the Morris Civic Auditorium may be expanded. 2. The Board of Public Works approves Ameritech's cost estimate in the amount of $17,247.50 and authorizes Cleo Hickey, Director of the Morris Civic Auditorium, to sign the Estimate of Cost and Authority for Work Special Construction Charge Agreement. 3. The Board of Public Works hereby orders that the Estimate of Cost and Authority for Works Special Construction Charge Agreement be signed by Cleo Hickey. ADOPTED at a meeting of the Board of Public Works of the City of South Bend held on this 20th day of October, 1997, at 1308 County -City Building, 227 West Jefferson, South Bend, Indiana 46601. BOARD OF PUBLIC WORKS s/James R. Caldwell, Member s/Carl P. Littrell, Member s/Catherine M. Roemer, Member ATTEST: s/Angela K. Jacob, Clerk APPROVAL OF REQUEST TO REVISE BID AWARD - ONE (1) SINGLE AXLE DUMP TRUCK In a letter to the Board, Mr. Matthew Chlebowski, Director of Equipment Services, requested permission to revise the bid award dated April 9, 1997, to remove the $2,000.00 trade-in, making the complete package $62,032.02. The truck was originally awarded to Wise International, in the amount of $60,036.02. Mr. Chlebowski stated that the unit to be traded can be used in a lessor capacity by the Code Enforcement clean-up crew. Upon a motion made by Mr. Littrell, seconded by Ms. Roemer and carried, the request was approved. APPROVAL OF RECOMMENDATION - TO CONDUCT BLOCK PARTY Mr. Caldwell stated that favorable recommendations have been received by the Division of Engineering, Police Department and the City Attorney's office, in reference to a request as submitted by Mr. Stanley Molenda, 329 W. Madison, South Bend, Indiana to conduct the above referred to block party, on Sunday, October 26, 1997, from 2:00 p.m. until 7:00 p.m. on Manitou Place from Park Avenue to Forest Avenue. Upon a motion made by Ms. Roemer, seconded by Mr. Littrell and carried the recommendation was approved. APPROVAL OF RECOMMENDATION - TO CHANGE TRAFFIC PATTERNS - POTAWATOMI PARK ZOO BOO Mr. Caldwell stated that favorable recommendations have been received by the Division of Engineering, Police Department and the City Attorneys office, in reference to a request as submitted by Sgt. Robert Stoynoff, South Bend Police Department, to change traffic patterns on Wall Street between Ironwood and Greenlawn in conjunction with the Potawatomi Park Zoo Boo, to be held on October 24 and 25, 1997 from 5:00 p.m. until 11:00 p.m. Upon a motion made by Mr. Caldwell, seconded by Mr. Littrell and carried the recommendation was approved. APPROVE CONSENT TO ANNEXATION AND WAIVER OF RIGHTS TO REMONSTRATE Mr. Caldwell stated that the Board is in receipt of a Consent to Annexation and Waiver of Right to Remonstrate as submitted by Don E. Marsh and P. Lawrence Butt, Mundy Realty, Inc. The Consent indicates that in consideration for permission to tap into the public sanitary sewer system of the City, 0KI&A REGULAR MEETING OCTOBER 20, 1997 to provide sanitary sewer service to the address at Key # 21-1038-0629.02, Mr. Marsh and Mr. Butt waive and release any and all right to remonstrate against or oppose any pending or future annexation of the property by the City of South Bend. Therefore, Mr. Littrell made a motion that the Consent be approved. Mr. Caldwell seconded the motion which carried. APPROVE CONSENT TO ANNEXATION AND WAIVER OF RIGHTS TO REMONSTRATE Mr. Caldwell stated that the Board is in receipt of a Consent to Annexation and Waiver of Right to Remonstrate as submitted by Thomas and Evelyn Lupa. The Consent indicates that in consideration for permission to tap into the public sanitary sewer system of the City, to provide sanitary sewer service to the address at Key Number 02-2053-2136, South Bend, Indiana, the Lupa's waive and release any and all right to remonstrate against or oppose any pending or future annexation of the property by the City of South Bend. Therefore, Ms. Roemer made a motion that the Consent be approved. Mr. Caldwell seconded the motion which carried. APPROVAL OF DEED OF DEDICATION Upon a motion made by Mr. Littrell, seconded by Mr. Roemer and carried, the following Deed of Dedication was approved. Property Owner Address Key Number Purpose Julia Lacay 2703 Locust Road 18-8153-5525 Sewer Improvements TABLE GRANT OF EASEMENT - FIRE ESCAPE - 214 WEST JEFFERSON Address Key Number Purpose 214 West Jefferson 18-3007-0223 Fire Escape Ladder Encroachment in right-of-way Mr. Greg Kiehl was present, and stated that the building in question was the old "Barb's Restaurant". Renovation is being planned for the top three (3) floors for office space, and the Code Statutes states that the fire escape must remain on the building. Mr. Kiehl stated he has received approval from the Fire Department, Building Department and the Division of Engineering, and. a variance issued by the State of Indiana will be approved, subject to the Board of Public Works approving the Easement. Ms. Ann Kolata, Community and Economic Development, was present, representing the Redevelopment Commission. Ms. Kolata stated that the building at 214 West Jefferson is currently being appraised for acquisition, and the owner will be sent an offer. The Redevelopment Commission's position is that the Easement is not in the best interest of the City or Mr. Moerlein at this time, as the Redevelopment Commission is trying to acquire the property. Ms. Kolata was concerned that in granting one easement, the City would be sending two messages 1) go ahead with improvements, but 2) the City wishes to acquire the property. Further, Ms. Kolata stated many expenses incurred by Mr. Moerlein would not be compensable in condemnation. Ms. Kolata recommended that the issue be either denied or tabled until the Commission receives an appraisal. Mr. Steve Moerlein was present, and stated that the Redevelopment Commission has been working on the acquisition for a year. He is paying taxes and .a mortgage, and cannot wait, as it could take another five years before anything is done. In addition, Mr. Moerlein stated that he knows nothing of an offer made on the building. He stated he was present at the last Commission meeting, and was told they were "just thinking" about the acquisition. Mr. Moerlein stated that he felt he had "done his homework" by obtaining approvals from the Division of Engineering, Building Department and the Fire Department. Also, Mr. Moerlein stated that the Easement was revocable by the City. Ms. Kolata stated that there are currently two (2) appraisers involved. One appraiser has been denied access to the building, and is working on a appraisal without access to the building. Further, this property was, added to the acquisition list and two appraisers have been hired. L1 1 1 439 C �J I REGULAR MEETING OCTOBER 20. 1997 Ms. Anne Bruneel, Assistant City Attorney, was present, and stated that the Easement contemplates only the encroachment for the fire escape. The Easement may need to address the renovation of the facade of the building. Mr. Littrell stated that on occasions, the occupants of the building have not adhered to Statutes, in that occupants have been seen throwing debris out the windows, without an easement, occupancy permit, and improper notification. Ms. Roemer asked why the appraiser was denied access to the building. Mr. Moerlein replied that he didn't believe they had the right to go into the building. It is Mr. Moerlein's position the Redevelopment Commission does not have the right to take his property. Mr. Caldwell stated that the Board of Public Works does not have any recommendations from the Fire Department, Community & Economic Development, Building Commissioner or the Division of Engineering. Further, the Clerk was asked to gain recommendations from these departments. Upon a motion made by Mr. Caldwell, seconded by Ms. Roemer and carried, the Grant of Easement was tabled. APPROVE GRANT OF EASEMENT - 1005 PORTAGE AVENUE Upon a motion made by Mr. Caldwell, seconded by Mr. Roemer and carried, a Grant of Easement at 1005 Portage Avenue, Key Number 18-1073-3092, for an out swinging door for the Near Northwest Neighborhood, Inc., was approved. APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mr. Caldwell, seconded by Ms. Roemer and carried, the following five (5) traffic control devices were approved: New Installation - No Parking 928 Vine @ 20th Street Cars parking too close to - Tow Zone intersection blocking view of traffic; east side of street Removal of Handicap Sign 200 Block South Michigan Remove handicap space west side of Michigan, one space Removal of Handicap Sign 1862 North Meade Signs no longer needed New Installation - Handicap 1322 King Mr. Chatman has met all Sign requirements Sign revised to 30 minute 211 South Michigan Three spaces in front of loading zone Robertson's Building APPROVE CONTRACTOR AND EXCAVATION BONDS Mr. Larry D. Spradlin, Sr., Engineer, Division of Engineering, recommended that the following Contractors and Excavation Bonds be approved as follows: BOND OF CONTRACTOR Blue Collar Construction Approved retroactive to October 14,1997 EXCAVATION BOND Blue Collar Construction Approved retroactive to October 14, 1997 Mr. Caldwell made a motion that the recommendation be accepted and that the Bonds be approved as outlined above. Ms. Roemer seconded the motion which carried. FILING OF CERTIFICATE OF INSURANCE Upon a motion made by Mr. Caldwell, seconded by Mr. Littrell and carried, the following Certificate of Insurance was accepted for filing: 440 REGULAR MEETING OCTOBER 20, 1997 Torok Excavation Inc. 54195 Burdette South Bend, Indiana 46635 APPROVE CLAIMS Ms. M. Catherine Roemer, City Controller, submitted claims in the amount of $1,7$2,111.20 dated October 20, 1997 and recommended approval. Additionally, Mr. Juan Manigault, Executive Director, WDS of.Northern Indiana, submitted one (1) list containing claims in the amount of $52,322.98 and recommended approval. Mr. Caldwell made a motion that the claims be approved and the reports as submitted be filed.. Ms. Roemer seconded the motion which carried. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Caldwell, seconded by Ms. Roemer and carried, the meeting adjourned at 10:00 a.m. BOARD OF PUBLIC WORKS A uST: � Angela K. J c b, Clerk Carl P. Littrell, Member k ames R. CaC well, Member t . Catherine Roemer, M mber