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HomeMy WebLinkAbout02/19/96 Board of Public Works MinutesREGULAR MEETING FEBRUARY 19. 1996 The regular meeting of the Board of Public Works was convened at 9:35 a.m. on Monday, February 19, 1996, by Board President John E. Leszczynski, with Mr. Leszczynski, Mr. James R. Caldwell and Mrs. Jenny Pitts Manier present. Also present was Board Attorney Anne Bruneel. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried, the minutes of the regular meeting of the Board held on February 12, 1996, were approved. PUBLIC HEARING - TRANSIENT MERCHANT LICENSE - KRIS SPRINGLE CRAFT SHOW Mr. Leszczynski 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. Elinor Tyl, 1154 East LaSalle, South Bend, Indiana, to conduct a Kris Springle Craft Show, at Union Station, 310 West South Street, South Bend, Indiana, on Sunday, March 7, 1996, from 9:00 a.m. until 5:00 p.m. Mr. Leszczynski stated that favorable recommendations have been received by the Police Department, Fire Department and the Building Commissioner. Mr. Tyl was present and stated that the same organization that sponsored the Kris Kringle Craft show is sponsoring this event. 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 Mrs. Manier, seconded by Mr. Leszczynski and carried, the Application for a Transient Merchant License was approved. PUBLIC HEARING - TRANSIENT MERCHANT LICENSE - SHIPSHEWANA ON THE ROAD Mr. Leszczynski advised that this was the date set for the Board's Public Hearing concerning an Application for a Transient Merchant License, as submitted by Darrell D. And Julie A. Lepper, 291 North 20th Street, Battle Creek, Michigan, to conduct Shipshewana On The Road, at the Century Center, On Friday, March 1, 1996, from 11:00 a.m. until 8:00 p.m.; Saturday, March 2, 1996, from 9:00 a.m. until 6:00 p.m.; and Sunday, March 3, 1996, from 11:00 a.m. until 5:00 p.m. Mr. Leszczynski stated that favorable recommendations have been received by the Police Department, Fire Department and the Building Commissioner. Mr. Darrell Lepper was present, and requested approval of the event. 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 Mrs. Manier and carried, the Application for a Transient Merchant License was approved. PUBLIC HEARING - CERTIFICATE OF PUBLIC CONVENIENCE - AAA CAB COMPANY Mr. Leszczynski advised that this was the date set for the Board's Public Hearing concerning a Certificate of Public Convenience, as submitted by Mr. Vernon C. Johnson,1629 Fassnacht Avenue, South Bend, Indiana, to operate a taxi cab business. Mr. Leszczynski stated that favorable recommendations have been received by the Police Department and the Legal Department. Mr. Vernon Johnson was present, and stated that he would like to provide service to the public, including those who often waited for more than two (2) hours for a cab. Mr. Mike Keller, Owner, Courtesy Cab, was present, and stated that the criteria of a License Application for a Certificate of Public Convenience should be followed by all cab companies, and that they should all follow the same rules, such as proper license plates, insurance, tags and permits. Some cab companies do not have a central dispatch office and use mobile phones. He questioned who should have the privilege of serving the public. Mr. Keller stated that some people rent vans and place taxi signs on them to operate during Notre Dame games, and they also do not have the proper paperwork to run a cab company. He is concerned with good service and safety for the public. 2 REGULAR MEETING FEBRUARY 19, 1996 Mr. Roger Woods, Roseland Cab, was present and asked that the Board explain the criteria of an Application for Certificate of Public Convenience. He noted that some cab companies are treated selectively, and that there are cab companies operating with only one (1) cab, but still acquire licenses. Also, some do not have a central dispatch office, and use a mobile phone. He suggested that the Board eliminate these public hearings, and stated that the City does not need any more cab companies. Additionally, Mr. Woods stated the cab companies in business now need to follow the rules, and there was a big need for improvements. Some cabs only go to the airport, and are hesitant to going to certain locations in the City, at certain times of the day, for safety reasons. Mr. Woods stated that he did not have any opposition for Mr. Johnson's license approval. Mr. Cottenham was present, and stated that the City still needed additional taxi cabs. Mr. Walter Jones, ABC Cab, was present, and stated that he had no objections to other cabs operating in the City, but felt that Mr. Johnson could not financially run a taxi cab business. Carol, of Courtesy Cab, was present, and stated that many people wait for two to three hours for a cab, and by having additional cab companies could eliminate this problem. Mr. James Guy was present, and stated that his License Application for a Certificate of Public Convenience and Necessity has not been approved yet, and stated that he did not believe Mr. Johnson had the proper financial backing to run a taxi cab business. He does agree that the City could use more cabs. Mr. Johnson stated that the Veterans Administration and Ivy Tech is supporting him in his business venture, and that he is financial sound to run a business. His office will be located at 338 Lincolnway West, South Bend, Indiana. Mrs. Manier stated that with some areas of the City not being served by the present taxi cab companies in operation, another cab company could serve those areas. 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 Mrs. Manier, seconded by Mr. Leszczynski and carried, the Certificate of Public Convenience was approved. OPENING OF BIDS - CONTROL INFORMATION AND COMMUNICATIONS SYSTEM - PHASE II - PROJECT NO. 95-55 This was the date set for receiving and opening of sealed bids for the above referred to project. 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: PRECISION CONTROL SYSTEMS OF INDIANAPOLIS INC. 7141 West Morris street Indianapolis, Indiana 46241 Bid was signed by Mr. Thomas Ward Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5) Bid Bond was submitted BID: $496,250.00 , SHAUM ELECTRIC COMPANY INC. 1125 North Napanee Street Elkhart, Indiana 46514 Bid was signed by Mr. Gary Shaum Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5) Bid Bond was submitted 2 REGULAR MEETING BID: $649,950.00 HERRMAN & GOETZ, INC. 225 South Lafayette Street South Bend, Indiana 46601 Bid was signed by Mr. Thomas Herrman, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5) Bid Bond was submitted BID: $857,250.00 KOONTZ WAGNER ELECTRIC CO. INC 3801 Voorde Drive South Bend, Indiana 46628 FEBRUARY 19, 1996 Bid was signed by Mr. John W. Gibson, Senior Vice President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5) Bid Bond was submitted BID: $918,952.00 TRANS TECH ELECTRIC, INC. 4601 Cleveland Road South Bend, Indiana 46628 Bid was signed by Mr. John A. Martell Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5) Bid Bond was submitted BID: $982,000.00 Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the above bids were referred to the Division of Environmental Services for review and recommendation. APPROVAL OF AGREEMENT - ACOUISITION, OPERATION. FISCAL MANAGEMENT OF EIGHT (8) NEIGHBORHOOD PARTNERSHIP CENTERS - NEIGHBORHOOD RESOURCES AND TECHNICAL SERVICES CORPORATION Mr. Leszczynski stated that the Board is in receipt of an Agreement between the City of South Bend and Neighborhood Resources and Technical Services Corporation, for the acquisition, operation and fiscal management of eight (8) Neighborhood Partnership Centers. Mr. Leszczynski noted that the Agreement is in the amount of $185,000. Therefore, upon a motion made by Caldwell, seconded by Mrs. Manier and carried, the Agreement was approved and executed. APPROVE COMMUNITY DEVELOPMENT ADDENDUM The following Community Development Addendum was presented to the Board for approval: Housing Development Corporation Extends Contract to June 30, 1996 CD94-103 - Addendum III Upon a motion made by Mrs. Manier, seconded by Mr. Caldwell and carried, the above referred to Addendum was approved and executed. REGULAR MEETING FEBRUARY 19, 1996 APPROVE PROJECT COMPLETION AFFIDAVIT - CHIPPEWA AVENUE RETENTION BASIN TREE PLANTING - PROJECT NO. 95-117 Mr. Leszczynski advised that Mr. Bob Allen, Public Construction Manager, has submitted the Project Completion Affidavit on behalf of Foegley Landscaping, 52215 Lilac Road, South Bend, Indiana, for the above referred to project, indicating a final cost of $4,227.65. Upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the Project Completion Affidavit was approved. AWARD BID - FIVE (5) POLICE PATROL VEHICLES Mr. Matthew Chlebowski, Director, Division of Equipment Services, advised the Board that on January 2, 1996, bids were received and opened for the above referred to vehicles. After reviewing those bids, Mr. Chlebowski recommends that the Board award the bid to the low bidder, Gates Chevrolet, 401 South Lafayette Boulevard, South Bend, Indiana, in the amount of $86,240.00. Therefore, Mr. Caldwell made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mrs. Manier seconded the motion which carried. AWARD BID - NORTH PUMPING STATION MASONRY RESTORATION - PROJECT NO.96- 102 Mr. Carl P. Littrell, Director, Division of Engineering, advised the Board that on February 12, 1996, 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 Ziolkowski Construction, Inc., Post Office Box 1106, South Bend, Indiana, in the amount of $65,929.43. Therefore, Mrs. Manier made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mr. Caldwell seconded the motion which carried. APPROVAL OF LICENSE APPLICATION FOR RUBBISH AND GARBAGE REMOVAL SERVICE - CHARLES HAGYE II Mr. Leszczynski stated that the Board is in receipt of a License Application for Rubbish and Garbage Removal Service, as submitted by Mr.,Charles Hagye II, 1323 East Dayton, South Bend, Indiana. Mr. Leszczynski stated that the vehicles to be used in conjunction with this business have been inspected and approved by the Department of Code Enforcement and the Bureau of Sanitation. Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the License Application was approved. APPROVE LICENSE APPLICATIONS - SECOND HAND DEALER Mr. Leszczynski stated that the following secondhand dealers license applications have been received: NAME: BY: ADDRESS: FOR THE PURPOSE OF SELLING: NAME: BY: ADDRESS: FOR THE PURPOSE OF SELLING: NAME: BY: ADDRESS: FOR THE PURPOSE OF SELLING: Gert's Closet Gertrude Schaal 2709 Mishawaka Avenue Clothing, toys, baby furniture Antiques and Things James K. Gregg 2210 Huron Street Secondhand items West End Trading Company Jerry C. Beatty 1222 West Western New and secondhand items Mr. Leszczynski further advised that favorable recommendations have been received from the Bureau of Traffic and Lighting, Department of Code Enforcement, Police Department and Fire Department concerning the above applications. Upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the above license applications were approved and referred to the Deputy Controller's Office for issuance of licenses. 1 REGULAR MEETING FEBRUARY 19, 1996 ADOPT RESOLUTION NO. 8-1996 - ADOPT A WRITTEN FISCAL PLAN/POLICY - KLINK ANNEXATION AREA Upon a motion made by Mrs. Manier, seconded by Mr. Caldwell and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO.8-1996 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA IN PORTAGE TOWNSHIP (KLINK ANNEXATION AREA) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an ordinance which proposes the annexation of the hereinafter described real estate located in Portage Township, St. Joseph County, Indiana; and WHEREAS, the territory proposed to be annexed encompasses approximately 15.96 acres of vacant, undeveloped land, located in Portage Township, St. Joseph County, contiguous therewith and generally located at the southwest corner of Ewing (extended) and New Energy Drive. It is anticipated that the development of the territory proposed to be annexed will be developed for use in the storage and delivery of aggregate materials, which development will require a basic level of municipal public services, including services of a non -capital nature, such as street and road maintenance, and services of a capital improvement nature, including street construction, street lighting, sewer facilities, and storm water facilities; and WHEREAS, the Board of Public Works now desires to establish and adopt a fiscal plan and establish a definite policy showing (1) the cost estimates of services of a non -capital nature, including street and road maintenance and other non -capital services normally provided within the corporate boundaries, and services of a capital improvement nature, including street construction, street lighting, sewer facilities, and storm water drainage facilities to be furnished to the territory to be annexed; (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non -capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non -capital services provided to areas within the corporate boundaries of the City of South Bend, that have characteristics of topography, patterns of land use, and population density similar to that of the territory to be annexed; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend that have characteristics of topography, patterns of land use and population density similar to that of the territory to be annexed and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. That it is in the best interest of the City of South Bend and of the area proposed to be annexed that the real property located in Portage Township, St. Joseph County, Indiana, described in Exhibit "A," attached hereto and made a part hereof, be annexed to the City of South Bend. Section II. That it shall be and hereby is now declared and established that it is the policy of the City of South Bend, by and through its Board of Public Works, to furnish to said territory services of a non -capital nature, such as street and road maintenance, within one (1) year of the effective date of the annexation, in a manner equivalent in standard and scope to the services REGULAR MEETING FEBRUARY 19. 1996 furnished by the City to other areas of the City which have characteristics of typography, patterns of land utilization and population density similar to said territory; and to furnish to said territory services of a capital improvement nature, such as street construction, street lighting, sewer facilities, and storm water facilities, within three (3) years of the effective date of the annexation, in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend that have characteristics of topography, patterns of land use and population density similar to that of the territory to be annexed and in a manner consistent with federal, state and local laws, procedures, and planning criteria. Section III. That the Board of Public Works shall and does hereby now establish and adopt the fiscal plan, attached hereto and made a part hereof, for the furnishing of said services to the territory to be annexed. Adopted this 19th day of February, 1996. ATTEST: s\Angela K. Jacob, Clerk BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA s\John E. Leszczynski, President s\James R. Caldwell, Member s\Jenny Pitts Manier, Member EXHIBIT A THAT PART OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A POINT ON THE CENTERLINE OF MAPLE ROAD 60.00 FT. WEST OF A CAPPED 5/8" REBAR SET ON THE EAST LINE OF NEW ENERGY DRIVE WHICH IS S. OOE-22'-57" E., 40.00 FT. FROM A POINT ON THE NORTH LINE OF SAID SECTION WHICH IS N. 89E-27'-04" E., 60.00 FT. FROM THE NORTHWEST CORNER OF SAID SECTION 22; THENCE ON A LINE 40.00 FT. SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID SECTION, N. 89E-27'-04" E.,1267.65 FT. TO THE WEST R.O.W. LINE OF KALEY STREET; THENCE ALONG SAID R.O.W. LINE, ALSO BEING THE CITY LIMITS OF THE CITY OF SOUTH BEND, INDIANA, 687.88 FT. TO A CAPPED 5/8" REBAR; THENCE S. 89E-27'-04" W., 1325.37 FT. TO THE CENTERLINE OF NEW ENERGY DRIVE; THENCE ALONG SAID CENTERLINE TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE NORTH 160.00 FT. x 1267.65 FT. ALREADY WITHIN THE CITY LIMITS OF THE CITY OF SOUTH BEND, INDIANA. ADOPT RESOLUTION NO. 9-1996 - TRANSFER OF REAL PROPERTY FROM ST. JOSEPH COUNTY Upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 9-1996 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, ACCEPTING THE TRANSFER OF CERTAIN PARCELS OF REAL PROPERTY FROM ST. JOSEPH COUNTY, INDIANA 1 1 11 REGULAR MEETING FEBRUARY 19. 1996 WHEREAS, the City of South Bend, Indiana (hereinafter the "City"), is the owner of various parcels of land within in the City of South Bend, which were obtained by the County pursuant to the tax sale process; and WHEREAS, the care, custody and control of City -owned real estate is vested in the County's Board of Commissioners pursuant to I.C. 36-2-3.54; and WHEREAS, the City of South Bend, Indiana (hereinafter, the "City") desires to obtain ownership of four (4) such parcels of property for community and economic development purposes, which parcels are described more particularly as follows: Key Number Address Legal 18-8103-3891 Lot 223 Homeland 2nd Addition 18-8103 3892 Lot 222 Homeland 2nd Addition 18-2096-3652 Lot 569 Vernon Hts 18-8026-1035 1501 S. Scott Lot 1 Raffs 3rd Addition WHEREAS, the City has requested that the County transfer the parcels described above to the City's Board of Public Works, which is authorized by I.C. 36-9-6 to acquire, maintain, and control the real property of the City; and WHEREAS, the County is willing to transfer said parcels to the City upon payment of One Dollar ($1.00) per parcel and the City's agreement to assume any recording costs associated with the transfer; and WHEREAS, I.C. 36-1-11-8 provides for the transfer of real property between governmental entities by adoption of substantially equivalent resolutions; and WHEREAS, the County's Board of Commissioners has adopted or will adopt a resolution substantially equivalent to this resolution setting forth the terms and conditions of this transfer of real estate between the County and the City. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend, Indiana, as follows: 1) The County shall transfer to the City, and the City shall accept, four (4) parcels of real property, more particularly described as follows: Key Number Address Legal 18-8103-3891 Lot 223 Homeland 2nd Addition 18-8103 3892 Lot 222 Homeland 2nd Addition 18-2096-3652 Lot 569 Vernon Hts 18-8026-1035 1501 S. Scott Lot 1 Raffs 3rd Addition 2) Such transfer shall be accomplished by deeds, executed by the Board of Commissioners. 3) For and in consideration of such transfers, the City shall pay the County the sum of One Dollar ($1.00) per parcel and shall assume the recording cost associated with such transfers. Adopted this 19th day of February, 1996. SOUTH BEND BOARD OF PUBLIC WORKS s\John E. Leszczynski, President Wames R. Caldwell, Member s\Jenny Pitts Manier, Member REGULAR MEETING ATTEST: s/Angela K. Jacob, Clerk FEBRUARY 19. 1996 APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - MISCELLANEOUS EQUIPMENT In a memorandum to the Board, Mr. Matthew Chlebowski, Director, Division of Equipment Services, requested permission to advertise for the receipt of bids for the following equipment: Eight (8) Mid size Program Cars Three (3) Compact Program Cars One (1) New Compact Auto Nine (9) 3/4 Ton Pick -Ups Three (3) 3/4 Ton 4WD Pick -Ups Two (2) FWD Cargo Vans One (1) 3/4 Ton Extended Cabs One (1) 1-Ton Cargo Vans One (1) 15,000 GVW Cab and Chassis Two (2) 1-Ton Dump with Plow One (1) S/A Dump Truck (4) T/A Dump Truck One (1) Tri-Axle Dump Truck Two (2) Skid Steer Loader One (1) 4WD Backhoe One (1) 4WD Backhoe Therefore, upon a motion made by Mrs. Manier, seconded by Mr. Caldwell and carried, the request to advertise for the receipt.of bids was approved. REQUEST REFERRED Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the following request was referred to the appropriate Bureaus and Departments for recommendation: - REQUEST TO CLOSE STREETS - OLYMPIC TRIALS QUALIFIER, MID-AMERICA SLALOM AND JUNIOR/SENIOR MASTERS In a memorandum to the Board, Mr. Karl Stevens, Park Department, requested street closings on Niles Avenue between Washington and Colfax for the following events and dates: April 13 and 14, 1996 Olympic Trials Qualifier August 10 and 11, 1996 Mid America Slalom & Junior/Senior Masters APPROVE RELEASE OF EXCAVATION BONDS Mr. Larry D. Spradlin, Sr., Engineer, Division of Engineering, recommended that the following Excavation Bonds be released as follows: EXCAVATION BONDS KAH, Inc. D/b/a H DeWulf, Inc. Released Effective February 19, 1996 D&L Excavating Released Effective February 19, 1996 Mrs. Manier made a motion that the recommendation be accepted and that the Bonds be released as outlined above. Mr. Leszczynski seconded the motion which carried. APPROVE TITLE SHEET - HVAC UPGRADE - WASTEWATER TREATMENT PLANT ADMINISTRATION BUILDING - PROJECT NO. 94-19 Mr. Leszczynski advised that the Title Sheet for the above referred to project was being presented at this time for execution. Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the above referred to Title Sheet was approved and signed. 1 1 W 1 1 LJI REGULAR MEETING FEBRUARY 19, 1996 APPROVE WASTEWATER DISCHARGE PERMIT - LOCK JOINT TUBE COMPANY In a Memorandum to the Board, Mr. Ken Zmudzinski, Pretreatment Coordinator, Division of Environmental Services, submitted the following Wastewater Discharge Permit and recommended approval: Lock Joint Tube Company 1400 Riverside Drive South Bend, Indiana Upon a motion made by Mr. Leszczynski seconded by Mrs. Manier and carried, the Discharge Permit was approved. APPROVE CLAIMS Mr. Kevin Horton, City Controller, submitted claims in the amount of $1,378,323.28, dated January 12, 1996, and recommended approval. Mrs. Manier made a motion that the claims be approved and the reports as submitted be filed. Mr. Caldwell seconded the motion which carried. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the meeting adjourned at 10:00 a.m. ATTEST: Angela . Jacob, Clerk BOARD OF PUBLIC WORKS John E. Leszczynski, President denny Pitts M er, Member