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HomeMy WebLinkAbout10/04/93 Board of Public Works MinutesREGULAR MEETING OCTOBER 4, 1993 The regular meeting of the Board of Public Works was convened at 9:39 a.m. on Monday, October 4, 1993, by Board Member James R. Caldwell, with Mr. Caldwell and Mrs. Jenny Pitts Manier present. Board President John E. Leszczynski was not in attendance. Also present was Board Attorney Mrs. Mary.H. Mueller. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mrs. Manier, seconded by Mr. Caldwell and carried, the minutes of the regular meeting of the Board held on September 27, 1993, were approved. OPENING OF QUOTATIONS - SIDEWALK AND CURB REPLACEMENT (HABITAT FOR HUMANITY It was noted that this was the date set for the receiving and opening of sealed Quotations for the above referred to project, which involves the replacement of concrete sidewalks, curbs and approaches at five (5) sites developed by Habitat for Humanity. The five (5) sites are 417 Arthur Street, 429 Arthur Street, 1201 Sorin Street, 1227 Sorin Street and 1429 Campeau Street. Mr. Caldwell indicated that funds designated by the Northeast Partnership Center are being utilized for the project. He further noted that these are CDBG funds and not Civil City of South Bend funds. The following Quotations were opened and read: L. L. GEANS & SONS 13550 East Jefferson Mishawaka, Indiana 46545 Quotation was submitted by Mr. Rocky R. Geans, President. QUOTATION: $17,415.60 KASER-SPRAKER CONSTRUCTION, INC. 25487 West State Road 2 P.O. Box 3605 South Bend, Indiana 46619 Quotation was submitted by Mr. Gary L. Spraker, President. QUOTATION: $22,625.00 MC INTYRE & JONES CONSTRUCTION COMPANY, INC. 2526 West Sixth Street Mishawaka Indiana Quotation was submitted by Mr. Kenneth A. McIntyre, Chairman of the Board. QUOTATION: $13,679.90 MURDOCK & SONS CONSTRUCTION, INC. 131 South Taylor Street South Bend, Indiana 46601 Quotation was submitted by Mr. W. H. Calvin Murdock, President. QUOTATION: $15,751.50 Upon a motion made by Mrs. Manier, seconded by Mr. Caldwell and carried, the Quotations were referred to the Division of Engineering for review and recommendation. REGULAR MEETING OCTOBER 4, 1993 ADOPT RESOLUTION NO. 37-1993 - ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA IN GERMAN TOWNSHIP (SHIVELY/DEMAEGT ANNEXATION) Mr. Caldwell advised that the Board is in receipt of a Resolution adopting a written fiscal plan and establishing a policy for the provision of services to an annexed area in German Township. Mr. Larry Magliozzi, Assistant Director, Division of Planning and Neighborhood Development, Department of Community and Economic Development, was present and informed the Board that this is a City initiated annexation consisting of approximately 142 acres. A majority of the area proposed to be annexed is within the airport development area and is located east of Mayflower Road, approximately 1,000 feet south of Brick Road, north of the Cleveland Road extension (New Cleveland Road and west of the Toll Road Industrial Park. Mr. Magliozzi further noted that City sanitary sewer and water are available to the site and the Department of Public Works does not anticipate any additional cost to provide services to the area. All additional public works services are capable of being provided to the site. A fifteen inch (1511) sanitary sewer abuts the area located in the Cleveland Road extension right-of-way. The sewer is capable of handling any future development with the area. Additionally, a twelve inch (1211) water main is located within the Cleveland Road extension right-of-way. A sixteen inch (1611) water main is also located along Mayflower Road. Both water mains are available to the area. In conclusion, Mr. Magliozzi asked for the Board's favorable consideration of this Resolution. Therefore, Mrs. Manier made a motion that the appropriate Resolution which has been prepared be adopted. Mr. Caldwell seconded the motion which carried and the following Resolution No. 37-1993 was adopted: RESOLUTION NO. 37-1993 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 GERM TOWNSHIP (SHIVELY/DEMAEGT ANNEXATION) 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 German Township, St. Joseph County, Indiana; and WHEREAS, the territory proposed to be annexed is vacant land located in German Township, contiguous therewith and generally located east of Mayflower Road, between Brick and Cleveland Roads. The development of the territory proposed to be annexed will require a basic level of municipal public services, which services shall include services of a non -capital nature, including 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 REGULAR MEETING OCTOBER 4. 1993 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 characteristic 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 German 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 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 4th day of October, 1993. Attest: s/Sandra M. Parmerlee, Clerk BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA s/James R. Caldwell s/Jenny Pitts Manier EXHIBIT A Parcels of land located in the Northwest quarter of Section 21 and the Northeast quarter of Section 20, 3br' REGULAR MEETING OCTOBER 4, 1993 Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana. More particularly described as follows: Beginning at the center point of Section 21, thence North 1325.083 feet; thence West 661.020 feet; thence North 670 feet, more or less; thence West 800.00 feet; thence South 350 feet; thence West 3164.05 feet along and parallel to a line 1000 feet South of the center line of Brick Road; thence North 1000 feet to the center line of Brick Road; thence West 660 feet to the center line of Mayflower Road; thence South 1308 feet; thence Southeast 74.74 feet; thence East by Southeast 2757 feet along the North right-of-way line of Cleveland Road extension; thence North 669.74 feet; thence East 561.72 feet; thence South 795.17 feet to the North right-of-way line of Cleveland Road extension; thence Southeasterly 1630.36 feet along the North right-of-way line of Cleveland Road extension; thence East 180 feet to the center point of Section 21, being the point of beginning and containing approximately 142.7 acres. ADOPT RESOLUTION NO. 38-1993 - TRANSFER OF n VnTnTMVXTM 1 POLI Mr. Caldwell advised that the Board is in receipt of a letter from Police Chief Ronald G. Marciniak requesting the transfer of two (2) vehicles to the St. Joseph County Civil Defense. In return, the City will receive two (2) vehicles from the St. Joseph County Civil Defense. Board Attorney Mary Mueller informed members of the Board that the vehicles received from Civil Defense have already been declared obsolete by the Board pursuant to Resolution No. 36-1993, adopted on September 20, 1993, and will be sold at public auction. Therefore, Mr. Caldwell made a motion that the appropriate Resolution which has been prepared be adopted. Mrs. Manier seconded the motion which carried and the following Resolution No. 38-1993 was adopted: A RESOLUTION OF THE TRANSFER OF TWO (2) VE TO THE ST. JOSEPH C RESOLUTION NO. 38-1993 BEND BOARD OF PUBLI FROM THE SOUTH BEND 14 L 160 WN)'1a 104 WHEREAS, I.C. 36-1-11-8 governs the exchange of property by the City with another governmental entity; and WHEREAS, the City of South Bend Police Department desires to donate the following vehicles to the South Bend Civil Defense Unit of the St. Joseph County Civil Defense, as these vehicles are obsolete and no longer suited for use in the motor vehicle fleet of the Department: MECHANICAL #k679 1989 CHEVROLET VIN. #(1G1BL5177KR190850 MECHANICAL #701 1989 CHEVROLET VIN. #(1G1BL5172KR189508 WHEREAS, the St. Joseph County Civil Defense is in need of these vehicles to add to its motor vehicle fleet and seeks the transfer by the South Bend Police Department to it of said vehicles; and 11 1 tij 1 REGULAR MEETING OCTOBER 4, 1993 WHEREAS, it is the desire of the South Bend Police Department to transfer said vehicles to the St. Joseph County Civil Defense. WHEREAS, the City will receive the following vehicles which are obsolete to the needs of the St. Joseph County Civil Defense in return for the transfer of the above referenced vehicles: MECHANICAL CD2 1986 DODGE VIN. #lB3BG2640FX626921 MECHANICAL CD4 1986 DODGE VIN. ##1B3BG2645FX626915 WHEREAS, these vehicles have already been declared obsolete by the Board pursuant to Resolution No. 36-1993, adopted on September 20, 1993, and will be sold at public auction. NOW THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that in consideration of the vehicle trade as set out above, the City conveys the following vehicles to the St. Joseph County Civil Defense:. MECHANICAL ##679 1989 CHEVROLET VIN. #1G1BL5177KR190850 MECHANICAL #701 1989 CHEVROLET VIN. #1G1BL5172KR189508 The transfer of said vehicles shall be effective upon the adoption of a Resolution substantially identical in its terms to the terms of this Resolution by the Board of Commissioners for St. Joseph County. BE IT FURTHER RESOLVED that said vehicles be removed from the City inventory. ADOPTED this 4th day of October, 1993. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/James R. Caldwell s/Jenny Pitts Manier ATTEST: s/Sandra M. Parmerlee, Clerk APPROVE AGREEMENT FOR THE REPAIR AND REHABILITATION OF THE SOUTHEAST NEIGHBORHOOD PARTNERSHIP CENTER - 626 FART RPnan Assistant City Attorney John Broden was present Board concerning the above referred to Agreement and rehabilitation of the Southeast Neighborhood Center. Y nd addressed the for the repair Partnership Mr. Broden noted that the Agreement submitted today is between the City and the Urban Enterprise Association of South Bend, Inc. Pursuant to the Agreement, the City will be conveying $16,511.91 to the UEA and the UEA, pursuant to the Agreement, will expend all the money solely for the purpose of the repair and rehabilitation of the Southeast Neighborhood Partnership Center at 626 East Broadway. Mr. Broden further noted that the UEA will work in conjunction with the Southeast Partnership Center Administrative Board in lining up this repair and rehabilitation. Mrs. Manier made a motion that this Agreement be approved and executed. Mr. Caldwell seconded the motion which carried. . APPROVE APPLICATION AND AGREEMENT FOR ELECTRIC SERVICE - INDIANA MICHIGAN ELECTRIC - QUALITY DRIVE Mr. Carl P. Littrell, Director, Division of Engineering, submitted to the Board an Application and Agreement for Electric Service between the City and Indiana Michigan Power Company. It was noted that this Agreement is to provide street light service for Quality REGULAR MEETING OCTOBER 4, 1993 Drive. Mr. Littrell noted that Indiana and Michigan finds that a contribution in the amount of $939.00 is required. The Department of Economic Development will fund this cost and thereafter the monthly service cost for the lighting will be billed to the Department of Public works. Mrs. Manier made a motion that this Application be approved. Mr. Caldwell seconded the motion which carried. RelfRUVE CUNTRACT FOR CONSULTING SERVICES- MTC SERVICES Mr. Caldwell indicated that the Board is in receipt of a Contract for Consulting Services between MTC Services and the City by and through the Board of Public Works on behalf of the Department of Economic Development. It was noted that MTC Services will provide professional assistance in the overall operation of the City's neighborhood business assistance programs. The amount of this Contract is $26,544.00. Mr. Caldwell made a motion that this Contract be approved. Mrs. Manier seconded the motion which carried. APPROVE AGREEMENT FOR USE OF PUBLIC RIGHT-OF-WAY FOR FOOT RACES AND SIMILAR EVENTS - 13TH ANNUAL SPORTSMED 10K RACE 10K WHEELCHAIR RACE, 5K RACE, 1 MILE FUN RUN AND 4K WALK - OCTOBER 3, 1993 Mr. Caldwell stated that pursuant to Resolution No. 9-1985, establishing policies and fees for foot races and similar events, adopted by the Board of Public Works on March 4, 1985, Saint Joseph's Medical Center, has fulfilled Resolution requirements to conduct the 13th Annual Sportsmed 10K race, 10K wheelchair race, 5K race, 1 mile fun run and 4K walk on Sunday, October 3, 1993, and the appropriate Agreement is being presented to the Board at this time. It is noted that on September 20, 1993, the Board of Public Works approved the date for this event subject to the sponsor meeting all Resolution requirements. Upon a motion made by Mrs. Manier, seconded by Mr. Caldwell and carried, the Agreement was approved and executed. In a Memorand on September painting the fourth bridge reviewed the at the Board um to the Board, Mr. Carl P. Littrell, advised that 27, 1993, the Board received two (2) Quotations for faces and column supports of three (3) bridges with as an alternate. Mr. Littrell noted that he has proposals and found the amounts are correct as read meeting. a Mrs. Manier inquired of Mr. Littrell if it has been determined why one bid was so much higher than the only other bid received. Mr. Littrell stated that he has had conversations with both bidders, and it seems they have a difference of opinion as to the amount of labor they will expend in doing this work. He noted that it seems to him that they both understand the specifications as they were intended. Therefore, Mr. Littrell recommended the award of the low Quotation submitted by Universal Painting Company, Inc., 1319 South Lafayette Boulevard, P.O. Box 4141, South Bend, Indiana, for the base bid items only for a total amount of $22,492.00. It was noted that the Department of Community and Economic Development concurs with this recommendation. Mr. Caldwell made a motion that this recommendation be accepted and the Quotation be awarded. Mrs. Manier seconded the motion which carried. 1 I J 3 a J REGULAR MEETING OCTOBER 4, 1993 APPROVE REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - TRANSPO TRANSFER CENTER Mr. Carl P. Littrell, Director, Division of Engineering, requested, on behalf of the Department of Economic Development and TRANSPO, that the City advertise for the receipt of bids for the relocation of the TRANSPO Transfer Center. In response to an inquiry about this project, Mr. Littrell advised that this work entails the removal of the facilities at its current location at Main and Jefferson to a new site at Main and Western. Work to be performed includes paving of the new lot. Mrs. Manier made a motion that this request be approved. Mr. Caldwell seconded the motion which carried. HrrxUvE REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - ONE (1) OR MORE TYPE I MEDIUM TO HEAVY DUTY MODULAR AMBULANCE Fire Chief Luther Taylor advised that the Fire Department requests permission to advertise for the receipt of bids for one (1) or more, Type I Medium Heavy Duty Modular Ambulance. Chief Taylor noted that this vehicle will replace a unit now in service. Payment will be made from the Emergency Medical Services Capital Improvement Fund. Mr. Caldwell made a motion that this request be approved. Mrs. Manier seconded the motion which carried. FILING OF RATES - VEHICLE REMOVAL SERVICE - HAMILTON BODY SHOP Mr. R.E. Hamilton, Hamilton Body Shop, Inc., 917 South Lafayette Boulevard, South Bend, Indiana, submitted to the Board vehicle removal service rates as follows: Normal Tow $45.00 Extra charges: Unhook transmission $15.00 Dollies used $25.00 Winching out $25.00 Hook-up fee $45.00 Blocking -in fee $45.00 Booting fee $50.00 Storage $10.00 per day starting and including day vehicle comes in through day it leaves the lot. Mr. Caldwell made a motion that these rates be accepted for filing. Mrs. Manier seconded the motion which carried. APPROVE REQUEST FOR TRAFFIC CONTROLS IN CONJUNCTION WITH "R VVVMTTiVV - noMn=VM c i oo Mr. Caldwell advised that the appropriate City departments and bureaus have reviewed the above referred to request, which was submitted to the Board on September 27, 1993, and approval is recommended. Therefore, Mr. Caldwell made a motion that the request for traffic controls be approved. Mrs. Manier seconded the motion which carried. APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the following four (4) traffic control devices were approved: 1. REMOVAL OF: REVISED TO: LOCATION: ONE HOUR PARKING 6 A.M. TO 6 P.M. 30 MINUTE PARKING 6 A.M. TO 6 P.M. 127 Wayne Street, from the alley 3bu REGULAR MEETING OCTOBER 4, 1993 west to the corner at Main, on the north side - four (4) spaces. REMARKS: To create business turnover. This was per the request of the tenants at 127 West Wayne Street who will move in on December 1, 1993. 2. NEW INSTALLATION: HANDICAP PARKING SPACE LOCATION: 1627 Franklin Street REMARKS: Ms. Donna Burton has met all the requirements. 3. REMOVAL OF: 2 HOUR PARKING 6 A.M. TO 6 P.M. LOCATION: 836, 834 & 828 PORTAGE AVENUE (east side) REMARKS: Create business turnover per request of business owners. 4. NEW INSTALLATION: HANDICAP PARKING SPACE LOCATION: 1143 North Huey REMARKS: Ms. Charlotte Morris has met all the requirements. APPROVE TITLE SHEETS: - TRANSPO TRANSFER CENTER - NATIONAL CENTER FOR SENIOR LIVING - PHASE 5 - GENERATION Upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the above referenced Title Sheets were approved and signed. APPROVE AND/OR RELEASE CONTRACTORS AND EXCAVATION BONDS Mr. Larry D. Spradlin, Sr., Division of Engineering, recommended that the following bonds be approved and/or released as follows: CONTRACTORS BOND - Practical Construction, Inc. 3921 West Sample Street South Bend, Indiana Approve Eff. 10-4-93 EXCAVATION BOND - R & B Excavating, Inc. Release Eff. 10-4-93 3310 Nutmeg road Plymouth, Indiana Mr. Caldwell made a motion that the Contractors Bond for Practical Construction, Inc., be approved. Mrs. Manier seconded the motion which carried. Additionally, Mr. Caldwell made a motion that the Excavation Bond for R & B Excavating, Inc., be released effective October 4, 1993. Mrs. Manier seconded the motion which carried. FILING OF CERTIFICATE OF INSURANCE Upon a motion made by Mr. Caldwell, seconded the Mrs. Manier and carried, a Certificate of Insurance for Majority Builders, Inc., 62900 U.S. 31 South, South Bend, Indiana, was accepted for filing. FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORTS Mr. Caldwell indicated that the Department of Code Enforcement has submitted two (2) lists containing forty-two (42) City -owned and miscellaneous properties which were cleaned by the Department from September 20, 1993 to September 25, 1993. Mrs. Manier made a 1 001 n 1 1 REGULAR MEETING OCTOBER 4, 1993 motion that the lists as submitted be accepted for filing. Mr. Caldwell seconded the motion which carried. APPROVE CLAIMS Mr. Kevin Horton, City Controller, submitted claims in the amount of $467,824.10 and recommended approval. Additionally, the Department of Community and Economic Development has submitted the following claims and recommend approval: 0 AUTHORITY C PAYMENT REQUISITION AND CERTIFICATE OF THE BOARD OF PUBLIC WOR Claim No.: 98 Project: Quality Drive Payee: Small, Inc. 25190 State Road 4 North Liberty, Indiana Amount: $17,381.97 N CERTIFICATE FOR PA Claim No.: 326 PA OF PUBLIC WORKS Project: Madison Center Walkway Phase I Payee: Ziolkowski Construction, Inc. 1005 South Lafayette Boulevard P.O. Box 1106 South Bend, Indiana 46624-1106 Amount: $28,767.69 C Mr. Caldwell made a motion that the claims be approved as recommended. Mrs. Manier seconded the motion which carried. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mrs. Manier, seconded by Mr. Caldwell and carried, the meeting adjourned at 9:55 a.m. BOARD OF PUBLIC WORKS es R. "dwell fir!n E. Leszr Jenny P' is Manier AT ST: Sandra M. Parmerlee, Clerk