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HomeMy WebLinkAbout10/18/93 Board of Public Works Minutes3 'V 'Y REGULAR MEETING OCTOBER 18, 1993 The regular meeting of the Board of Public Works was convened at 9:35 a.m. on Monday, October 18, 1993, by Board President John E. Leszczynski, with Mr. Leszczynski, Mr. James R. Caldwell and Mrs. Jenny Pitts Manier present. Also present was Board Attorney Mary H. Mueller. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Leszczynski, seconded by Mr. Caldwell and carried, the minutes of the regular meeting of the Board held on October 11, 1993, were approved. AGENDA ITEMS ADDED/DELETED Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, a Construction Contract for the sidewalk and curb replacement for Habitat for Humanity was added to the agenda. Also, the Environmental Clean -Up of Lots Reports were deleted from the agenda at this time as the reports were not received. OPENING OF QUOTATIONS - CHAPIN STREET/WASHINGTON STREET SIDEWALK REPLACEMENT This was the date set for receiving and opening of sealed Quotations for the above referred to project. The following Quotations were opened and publicly read: KASER-SPRAKER CONSTRUCTION, INC. 25487 West State Road 1 P.O. Box 3605 South Bend, Indiana 46619 Quotation was signed by Mr. Gary L. Spraker, President. QUOTATION: $14,225.50 MC INTYRE & JONES CONSTRUCTION COMPANY, INC. 2526 West Sixth Street Mishawaka, Indiana 466544 Quotation was signed by Mr. Kenneth McIntyre, Chairman of the Board. QUOTATION: $9,495.75 Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the above Quotations were referred to the Division of Engineering for review and recommendation. ADOPT RESOLUTION NO. 40-1993 - 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. Leszczynski advised that the Board is in receipt of Resolution No. 40-1993 which adopts a written fiscal plan and establishes 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 addressed the Board concerning this Resolution. Mr. Magliozzi reminded members of the Board that on October 4, 1993, they adopted Resolution No. 37-1993, approving a written fiscal plan for this proposed annexation. 460 REGULAR MEETING OCTOBER 18, 1993 On October 11, 1993, the Common Council was asked to consider this annexation for approval. At that time, Mrs. Brown, an affected property owner, requested that the City add the balance of her property into the annexation. Therefore, the Common Council tabled the matter for two (2) weeks to give the staff time to revise the fiscal plan and amend the legal description. Since that time another property owner, Mrs. Shively, has requested that an additional eight (8) acres of her property be brought into the annexation. This addition, however, does exclude the Shively farmhouse from the annexation area. Mr. Magliozzi stated that the Resolution before the Board today incorporates the Brown property and the Shively property with the exclusion of the farmhouse. Mr. Magliozzi noted that with the additional acres added to the annexation the total amount of property to be annexed is 141.5. He noted that previously it was stated that the amount of property to be annexed was 142 acres. That number was incorrect. With the addition of ten (10) acres of the Brown property and eight (8) acres of the Shively property the total annexation area is now 141.5 acres total. Mr. Magliozzi informed the Board that this annexation still meets all state requirements regarding contiguity and the public works required, as noted in the fiscal plan, have not changed. Mr. Magliozzi noted that the Shively's have hired a surveyor in order to get an accurate legal description of the property to be annexed. Based on the results of that survey, the legal description contained in the annexation could change slightly. Therefore, Mr. Magliozzi recommended approval of the fiscal plan and adoption of the Resolution subject to minor changes that may need to be made in the legal description. Board Attorney Mrs. Manier inquired of Mr. Magliozzi if any public works will be affected should there be a slight change in the legal description. Mr. Maglizzoi noted that there would be no change in the provision of services as outlined in the fiscal plan. Therefore, Mrs. Manier made a motion that the appropriate Resolution which has been submitted be adopted. Mr. Caldwell seconded the motion which carried and the following Resolution No. 40-1993 was adopted: RESOLUTION NO. 40-1993 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 GERMAN TOWNSHIP (SHIVELY/DEMAEGT ANNEXATION) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, a substitute 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 1 J 1 0 REGULAR MEETING shall include services of and road maintenance, and nature, including street facilities, and storm wat OCTOBER 18, 1993 a non -capital nature, including street services of a capital improvement construction, street lighting, sewer er 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 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 topography, 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 1- 462' REGULAR MEETING OCTOBER 18, 1993 and made a part hereof, for the furnishing of said services to the territory to be annexed. Adopted this 18th day of October, 1993. BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA s/John E. Leszczynski s/James R. Caldwell s/Jenny Pitts Manier Attest: s/Sandra M. Parmerlee, Clerk APPROVE COMMUNITY DEVELOPMENT ADDENDA The following Community Development Addenda were presented to the Board for approval: ADDENDUM II SOUTH BEND HERITAGE FOUNDATION COLFAX YOUTH DEVELOPMENT CENTER ADDENDUM II DIVISION OF PLANNING AND NEIGHBORHOOD DEVELOPMENT WEST WASHINGTON PUBLIC WORKS ACTIVITY ADDENDUM II DIVISION OF PLANNING AND NEIGHBORHOOD DEVELOPMENT NEIGHBORHOOD PARTNERSHIPS PROGRAM Mr. Leszczynski noted that the above Addenda update the wage decision with the latest Labor Department modification. Upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the Addenda were approved and executed. APPROVE CONSTRUCTION CONTRACT - CURBS AND SIDEWALKS ALONG SOUTH MAIN STREET AND WEST GARST STREET Mr. Leszczynski advised that in accordance with the Quotation awarded on September 13, 1993, to Murdock & Sons Construction, Inc., 131 South Taylor Street, South Bend, Indiana, in the amount of $21,466.50 for the above referred to project, a Contract in said amount was being submitted for Board approval. Upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the Contract was approved and the appropriate Certificate of Insurance was accepted for filing. APPROVE CONSTRUCTION CONTRACT - SIDEWALK AND CURB REPLACEMENT - HABITAT FOR HUMANITY (417 & 429 ARTHUR, 1201 & 1227 SORIN AND 1429 CAMPEAU) In accordance with the Quotation awarded on October 11, 1993, to Mc Intyre & Jones Construction Company, Inc., 2526 West Sixth Street, Mishawaka, Indiana, in the amount of $13,679.90 for the above referred to project, the appropriate Construction Contract has been submitted for consideration. Mr. Leszczynski made a motion that the Contract be approved and executed. Mr. Caldwell seconded the motion which carried. AWARD QUOTATION/APPROVE CONSTRUCTION CONTRACT - PHILLIPA STREET CURB REPLACEMENT PROJECT In a Memorandum to the Board, Mr. Carl P. Littrell, Director, Division of Engineering, advised that on October 11, 1993, the REGULAR MEETING OCTOBER 18, 1993 Board opened four (4) Quotations for curb replacement on Phillipa Street in the Rum Village Redevelopment area. Mr. Littrell noted that he has reviewed the Quotations and found the amounts are correct as read at the Board meeting except for two (2) round -off errors in extensions and resulting total on.the Quotation of Murdock and Sons. Therefore, Mr. Littrell recommended the award of the contract to the lowest bidder, Rieth-Riley Construction Company, Inc., P.O. Box 1775, South Bend, Indiana, in the amount of $18,577.00. Mr. Littrell noted that the Department of Community and Economic Development concurs with this recommendation. Additionally submitted at this time was the appropriate Construction Contract in the amount of $18,577.00. Mr. Leszczynski made a motion that the bid be awarded as recommended and that the Construction Contract be approved and executed. Mr. Caldwell seconded the motion which carried. AWARD BIDS/QUOTATIONS: - POTAWATOMI ZOO PARKING LOT ADDITION AND REHABILITATION PROJECT - WASHINGTON/WALNUT SIDEWALK AND CURB REPLACEMENT PROJECT - ORGANIC RESOURCES FACILITY ASPHALT PAVING ADDITION - CAMPEAU STREET CURB AND SIDEWALK IMPROVEMENTS - NORTHEAST PARTNERSHIP CENTER SERVICE AREA - MAIN AND TUTT STREET CURB AND WALK IMPROVEMENTS - STUDEBAKER CORRIDOR REDEVELOPMENT AREA - CAPITAL IMPROVEMENTS PLAN_ PHASE IA, CONTRACT 3 BLACKTHORN GOLF COURSE - CLUBHOUSE PARKING LOT Mr. Carl P. Littrell, Director, Division of Engineering, advised that on October 11, 1993 the Board opened two (2) bids for parking lot improvements at Potawatomi Zoo. He noted that he has reviewed those bids and found the amounts are correct as read at the Board meeting. Therefore, Mr. Littrell recommended the award of the contract to the lowest bidder, Walsh & Kelly, Inc., 24358 State Road 23, South Bend, Indiana, in the amount of $98,639.03. The Department of Community and Economic Development concurs with this recommendation. Mr. Caldwell made a motion that this bid be awarded as recommended. Mrs. Manier seconded the motion which carried. Mr. Littrell informed members of the Board that he has reviewed the six (6) bids received on October 11, 1993 for the Washington/Walnut Sidewalk and Curb Replacement project and found that the amounts read at that meeting were correct. Mr. Littrell recommends the award of this bid to Ziolkowski Construction Company, Inc., 1005 South Lafayette Blvd., P.O. Box 1106, South Bend, Indiana, in the amount of $50,182.07. It is noted that this is the lowest bid received and that the Department of Community and Economic Development concurs with this recommendation. Mr. Littrell noted that on October 11, 1993, three (3) bids were received for pavement work at the composting pad at the Organic Resources Facility. Mr. Littrell stated that he has reviewed the three (3) bids received for this project and found that the amounts are correct as read. Mr. Littrell recommended that the Board award the lowest bid submitted by Walsh & Kelly, Inc., 24358 Sate Road 23, South Bend, Indiana, in the amount of $76,797.00. Mrs. Manier made a motion that the recommendation be accepted and the bid be awarded. Mr. Leszczynski seconded the motion which carried. Additionally, Mr. Littrell advised that he has reviewed the seven (7) bids received on October 11, 1993 for the curb and sidewalk replacement on Campeau Street, from Eddy to Frances Street, and 404 REGULAR MEETING OCTOBER 18, 1993 found that the amounts read at the meeting are correct. Mr. Littrell recommended at this time that the Board award the lowest bid submitted by McIntyre and Jones Construction Company, Inc., 2526 West 6th Street, Mishawaka, Indiana, in the amount of $29,248.00. The Department of Community and Economic Development concurs with this recommendation. Mrs. Manier made a motion that this bid be awarded as recommended. Mr. Caldwell seconded the motion which carried. Additionally, Mr. Littrell indicated that on October 11, 1993 the Board opened three (3) Quotations for curb and sidewalk replacement at the site of the former Southern Hotel at Main and Tutt Streets. He has reviewed the Quotations and found that the amounts are correct as read except for small round -off errors in the Quotation submitted by Murdock and Sons. Mr. Littrell noted that he would recommend that the Board award the lowest Quotation as submitted by McIntyre and Jones Construction Company, Inc., 2526 West 6th Street, Mishawaka, Indiana, in the amount of $21,890.00. The Department of Community and Economic Development concurs with this recommendation. Therefore, Mr. Leszczynski made a motion that the recommendation be accepted and the Quotation be awarded. Mr. Caldwell seconded the motion which carried. Finally, Mr. Littrell advised that he has reviewed the three (3) bids received on October 11, 1993, for a new parking lot at Blackthorn Golf Course and found the amounts are correct as read at the Board meeting. Therefore, Mr. Littrell recommended that the Board award the lowest bid submitted by Rieth-Riley Construction Company, Inc., P.O. Box 1775, South Bend, Indiana, in the amount of $197,769.58. Also, the Department of Community and Economic Development concurs with this recommendation. Mr. Caldwell made a motion that the recommendation be accepted and the bid be awarded. Mrs. Manier seconded the motion which carried. FAVORABLE RECOMMENDATION - PETITION TO VACATE TUCKER DRIVE Mr. Leszczynski indicated that the Common Council has provided to the Board a Vacation Petition as submitted by Steel Warehouse Company, Inc., 2722 Tucker Drive, South Bend, Indiana, and which indicates Mr. Kenneth P. Fedder, Attorney at Law, 205 West Jefferson Boulevard, Suite #300, South Bend, Indiana, as the Contact Person, to vacate the following property: Tucker Drive, lying West of Kaley Street, in South Bend, St. Joseph County, Indiana Mr. Leszczynski advised that the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Area Plan Commission, Police Department, Fire Department, Sanitation, Department of Economic Development and the Department of Public Works. Board Attorney Mary H. Mueller noted that the Petitioner owns land on both sides of the street that deadends into the railroad. Additionally, on February 11, 1993, the Board of Public Works adopted Resolution No. 4-1991 which allowed Steel Warehouse to install a fence obstructing Tucker Drive to prevent illegal dumping. Therefore, Mr. Caldwell favorable recommendation Vacation Petition. Mrs. REQUESTS APPROVED: made a motion that the Board send a to the Common Council concerning this Manier seconded the motion which carried. REQUEST OF PARK AVENUF MANITOU PLA FOR ANNUAL ASSOCIATION i PARTY - OCTOBER 24 REQUEST OF UNITED COMMUNITY AGAINST DRUG AND ALCOHOL ABUSE TO CONDUCT ANNUAL RED RIBBON MARCH - OCTOBER 22, 1993 1 00 REGULAR MEETING OCTOBER: 18, 1993 Mr. Leszczynski advised that the Board is in receipt of an Application For Use Of And Blocking Of Access To Public Right -of - Way For A Party Or Similar Event, as submitted by Mr. Stanley J. Molenda, 309 West Navarre, South Bend, Indiana, on behalf of the Park Avenue Neighborhood Association, to close the 400 block of Manitou Place, from North Forest Avenue to North Park Avenue, from 11:00 a.m. to 6:00 p.m. on Sunday, October 24, 1993, for the Park Avenue Neighborhood Association Halloween Party. Mr. Leszczynski also advised that the various City departments and bureaus have reviewed this request and recommend approval. Additionally, Mr. Leszczynski noted that the appropriate departments have reviewed the request of the United Community Against Drug and Alcohol Abuse to conduct the annual March and approval is recommended. It is noted that this request was submitted to the Board on September 27, 1993. Therefore, Mr. Caldwell made a motion that the above referred to requests be approved. Mrs. Manier seconded the motion which carried. REQUEST TO INSTALL CANOPY AT 2310 WESTERN AVENUE - FLORES RESTAURANT - REFERRED In a letter to the Board, Mr. Hank Craft, Sales Representative, City Awning of South Bend, 1731 South Franklin Street, South Bend, Indiana, requested permission to install a canopy at Flores Restaurant (Lucia's), 2310 Western Avenue, South Bend, Indiana. Mr. Craft submitted with his request a drawing indicating the dimensions of the canopy. He also noted that the canopy will encroach over the public right-of-way. Mr. Leszczynski made a motion that this request be referred to the necessary City departments and bureaus for review and recommendation. APPROVE TITLE SHEETS: - HERMITAGE SOUTH ESTATES, SECTION TWO - PART 5 (SEWER/WATER/STREET) - STONEHEDGE ESTATES - SECTION THREE (SEWER/WATER) - SOUTHEAST PARTNERSHIP CENTER SERVICE AREA - SIDEWALK AND CURB REPLACEMENT Upon a motion made by Mr. Caldwell, seconded by Mr. Leszczynski and carried, the above referred to Title Sheets were approved and signed. APPROVE CONTRACTORS BONDS Mr. Larry D. Spradlin, Division of Engineering, recommended that the Board release the Bond of Contractor of Wilbur Turner, 702 North Brookfield, South Bend, Indiana, effective October 27, 1993. Additionally, Mr. Dan Weisel, Division of Engineering, recommended that the Board approve the Bond for Excavation in the Streets for Samuel L. Wright General Construction, Inc., 509 Howard Street, South Bend, Indiana, effective October 18, 1993. Mr. Leszczynski made a motion that the Bonds be approved and or released as outlined above. Mrs. Manier seconded the motion which carried. FILING OF CERTIFICATES OF INSURANCE Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, Certificates of Insurance for the following were accepted for filing: 4Uv REGULAR MEETING OCTOBER 18, 1993 1. Majority Builders, Inca 62900 U.S. 31 South South Bend, Indiana 2. Master Machinery Movers, Inc. Mr. Brian Boake 1520 South Magnolia Street South Bend, Indiana APPROVE CLAIMS Mr. Kevin Horton, City Controller, submitted claims in the amount of $535,232.89 and recommended approval. Mr. Leszczynski made a motion that the claims be approved and the report as submitted be filed. Mr. Caldwell seconded the motion which carried. QUESTIONS FROM THE NEWS MEDIA CONCERNING LEAF PICK-UP PROGRAM Members of the news media inquired of Mr. Leszczynski when the City was going to begin the annual leaf pick-up program. Mr. Leszczynski advised that a press conference is scheduled for Thursday, October 21, 1993, outlining this year's program. However, the program will begin on Monday, October 25, 1993. Until that time, residents are asked to rake their leaves into the tree lawn area or to bag the leaves for pick-up and disposal at the City's Organic Resources Facility. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the meeting adjourned at 9:51 a.m. BOARD OF PUBLIC WORKS OnZE. 11Le'sgzc�zLyngk�i­4 1i • Z, �/ '1V J"—) nPames• - Jenny �Pi s Manier ATT ST: Sandra M. Parmerlee, Clerk 1