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HomeMy WebLinkAbout05/26/92 Board of Public Works Minutes173 REGULAR MEETING MAY 26, 1992 The regular meeting of the Board of Public Works was convened at 9:32 a.m, on Tuesday, May 26, 1992, by Board President John E. Leszczynski, with Mr. Leszczynski, Mr. James R. Caldwell and Mrs. Mary H. Mueller present. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Caldwell, seconded by Mrs. Mueller and carried, the minutes of the regular meeting of the Board held on May 18, 1992 were approved. ADOPT RESOLUTION NO. 23-1992 - POLICY REGARDING OPEN AIR STANDS ON PUBLIC RIGHT-OF-WAY Board Attorney and Member Mary H. Mueller advised that historically the Board of Public Works has not allowed open air stands on the public right-of-way due to safety concerns for both vehicular and pedestrian traffic. The purpose of the Resolution submitted today for consideration is to make that position a matter of policy and provides that the Board will not allow open air stands on the public right-of-way excluding special events of a limited nature. Mrs. Mueller noted that with this policy in place the Deputy Controller's office can advise applicants of this policy and they will not have to come to the Board each time for consideration. She reiterated that this is the position the Board has always taken but the adoption of the Resolution makes it a matter of policy. Therefore, Mrs. Mueller made a motion that the Resolution which has been submitted to the Board be adopted. Mr. Caldwell seconded the motion which carried and the following Resolution No. 23-1992 was adopted: RESOLUTION NO. 23-1992 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND ADOPTING A POLICY REGARDING OPEN AIR STANDS ON THE PUBLIC RIGHT-OF-WAY WHEREAS, the Board of Public Works for the City of South Bend (hereinafter, "Board") is required to review license requests for open-air businesses if such businesses are to be located on the public right-of-way or other public property under the Board's jurisdiction; and WHEREAS, the Board has historically taken the position that the placement of such businesses on the public right-of-way poses safety problems for vehicular and pedestrian traffic and should not be permitted except for special events involving street closures of the like; and WHEREAS, processing each such application individually involves administrative delays for the applicant that are unnecessary since the Board has maintained a uniform position regarding this matter. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend, Indiana, as follows: 1) In the interest of public safety and as a matter of Policy, the Board of Public Works has determined to prohibit the placement or operation of open-air businesses on the public right-of-way in South Bend. 2) Exceptions will be permitted to this policy for special events of limited duration, which involve street closures or have 11 REGULAR MEETING MAY 26, 1992 other circumstances which mitigate safety and liability problems. 3) The Controller's Office for the City of South Bend is authorized to advise applicants for such licenses of the Board of Public Works's policy. Adopted this 26th day of May, 1992. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/John E. Leszczynski s/James R. Caldwell s/Mary Hall Mueller ATTEST: s/Sandra M. Parmerlee, Clerk DENY USE OF PUBLIC RIGHT-OF-WAY FOR LOCATION OF OPEN AIR STAND - RICK'S DOGS It is noted that the Board of Public Works is in receipt of a license application for an Open Air Business as submitted by Mr. Rick H. Peltz, d/b/a Rick's Dogs, P.O. Box 11302, South Bend, Indiana. It is further noted that the application indicates that Mr. Peltz is requesting permission to locate his hot dog cart on the public right-of-way on the corner of Jefferson and Michigan Streets in downtown South Bend from 10:30 a.m. to 5:30 p.m., Monday thru Friday and also on a portion of the parking lot utilized by the Emporium Restaurant but owned by the Department of Economic Development on Saturday and Sunday, 10:00 to 7:00 p.m. Mr. Leszczynski advised that because of the adoption of Resolution No. 23-1992, the Board now has a written policy concerning these types of requests. Mrs. Mueller noted that the open air stand license of Mr. Peltz is not being denied but rather his request to place the stand on the public right-of-way. Therefore, Mr. Caldwell made a motion that Mr. Rick's Peltz's request to locate his hot dog stand on the public right-of-way be denied. Mrs. Mueller seconded the motion which carried. AFFIRMATION OF AWARD OF CONTRACT_- EMERGENCY REPAIRS TO BENDIX DRIVE It is noted that on May 18, 1992, the Board of Public Works invoked its emergency powers and authorized Mr. Carl P. Littrell, Director, Division of Engineering, to secure quotations for emergency repair work on Bendix Drive. The Board is now in receipt of a Memorandum from Mr. Littrell advising that he received four (4) quotations for the repair work as follows: Walsh and Kelly, Inc. $3,742.00 Kaser-Spraker Construction $4,645.00 Rieth-Riley Construction $5,380.00 L. L. Geans and Sons $6,680.00 Mr. Littrell noted that he awarded the Quotation of Walsh and Kelly, Inc., in the amount of $3,742.00 and they will begin work to repair the road. It is expected that the road will be open to full traffic no later than Monday, May 25, 1992. Mr. Leszczynski made a motion that the Board affirm the award of the Quotation to Walsh and Kelly as outlined above. Mrs. Mueller seconded the motion which carried. REGULAR MEETING MAY 26, 1992 APPROVE RELEASE OF EASEMENT - RIVER CROSSING I PROJECT Mr. Leszczynski advised that a Release of Easement has been submitted to the Board. Board Attorney and Member Mary H. Mueller informed members of the Board that this document releases an Easement which was previously granted to the City by Playland Park, Inc. for the River Crossing I Project. She noted that after construction began on this project it was determined that because of a collapse of a sewer pipe that the City had to relocate the placement of the new sewer to the other side. Therefore, the City does not need an Easement over this particular strip of land but will require an Easement over a fourteen foot (141) strip to the west of this Easement which it has already received from Mr. Earl J. Redden and John J. Redden, tenants in common. As it is appropriate at this time to release the above described Easement, Mrs. Mueller made a motion that the document submitted today be approved. Mr. Caldwell seconded the motion which carried. APPROVE CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE Mr. Leszczynski stated that the Board is in receipt of a Consent to Annexation and Waiver of Right to Remonstrate in regards to Copperfield Estates, located off of Miami and Jackson Road. It is noted that in consideration for permission to tap into the public sanitary sewer system of the City to provide sanitary sewer service to a parcel of land consisting of 5.21 acres, The Barrett Corporation, owner of said parcel of property, waives and releases any and all rights to remonstrate against or object to, interfere with or oppose any pending or future annexation of the real estate to the City. Mr. Caldwell made a motion that the Consent to Annexation be approved. Mrs. Mueller seconded the motion which carried. APPROVE AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES - DESIGN OF EDISON ROAD WIDENING AND RECONSTRUCTION Mr. Leszczynski advised that Mr. Carl P. Littrell, Director, Division of Engineering, has submitted to the Board a Memorandum indicating that due to unforeseen requirements of the Indiana Department of Transportation's soils group, the cost of the geotechnical survey for the above referred to project overran the City's consultant's budgeted cost by $3,136.80. Therefore, Mr. Littrell recommended that the Agreement with Ken Herceg & Associates, Inc., 224 West Jefferson Boulevard, South Bend, Indiana, be increased in the amount of $3,136.80 for a new contract amount of $148,986.80. It is noted that on December 18, 1989, the Board of Public Works approved a Contract with Ken Herceg & Associates for this project and an Amendment to the Contract was approved by the Board on April 8, 1991. Mr. Leszczynski noted that this project is scheduled for construction this Fall. Mr. Leszczynski therefore made a motion that the Amendment be approved. Mrs. Mueller seconded the motion which carried. APPROVE CONTRACT FOR ENGINEERING SERVICES - LINCOLNWAY/ARDMORE/GOODLAND INTERSECTION IMPROVEMENTS Mr. Carl P. Littrell, Director, Division of Engineering, informed the Board that the Indiana Department of Transportation has asked the City to participate in the planning and improvements to the above referred to intersection by providing a topographic survey. INDOT made this request because of the time delay they REGULAR MEETING MAY 26, 1992 would expect in assigning their own survey crew to the project. Mr. Littrell noted that it is in the City's interest to expedite INDOT's intent to construct this project at the same time as the nearby Lincolnway/Bendix intersection improvements are made in connection with South Shore railroad service to the Michiana Regional Airport. Mr. Littrell further noted that Ken Herceg & Associates, Inc., 224 West Jefferson Boulevard, South Bend, Indiana, has provided the lowest price and best proposal for accomplishing the work at the schedule requested by INDOT and therefore recommends that the Board approve the Contract with Ken Herceg & Associates in the amount of $7,057.77. It is noted that the Proposal submitted by Ken Herceg & Associates indicates a contract amount of $6,500.00 for this survey work. After submission of this Proposal, the Indiana Department of Transportation made a request for a small amount of additional work for which Ken Herceg & Associates submitted a verbal quotation in the amount of $557.77 bringing the total contract amount to $7,057.77. Mr. Leszczynski noted that the City will provide for the survey and the state will provide for construction. He also noted that this work is in conjunction with the upgraded signalization at that location. Therefore, Mr. Leszczynski made a motion that the Contract be approved and executed. Mr. Caldwell seconded the motion which carried. AWARD QUOTATION - INSTALLATION OF NEW SAMPLING GRINDER PUMP IN THE 96" EFFLUENT PIPE - WASTEWATER TREATMENT PLANT Mr. Robert E. Toppel, Jr., Superintendent, Division of Environmental Services, advised that after reviewing the three (3) Quotations which were received on May 11, 1992, for the above referred to project, it is his recommendation that the Board award the lowest Quotation submitted by Zimmerman Industrial Piping, Inc., 1117 North Clay Street, Mishawaka, Indiana, in the amount of $8,261.00. Mr. Leszczynski made a motion that the recommendation be accepted and the Quotation be awarded. Mrs. Mueller seconded the motion which carried. AWARD BIDS - STREET MATERIALS In a letter to the Board, Mr. Sam Transportation, recommended that materials be awarded: ITEM NO. PRIMARY SUPPLIER Hensley, Director, Division of the following bids for street COST 1. Rieth-Riley Construction $17.00 ton 2. Walsh & Kelly, Inc. $25.70 ton 3. Rieth-Riley Construction $17.60 ton 4. Walsh & Kelly, Inc. $26.10 ton 5. Rieth-Riley Construction $31.50 ton 6. Rieth-Riley Construction $38.75 ton 7. Walsh & Kelly, Inc. $29.95 ton 8. Walsh & Kelly, Inc. $29.25 ton 9. Rieth-Riley Construction $15.25 ton 10. Rieth-Riley Construction $21.00 ton 11. Rieth-Riley Construction $15.25 ton 12. Rieth-Riley Construction $21.25 ton 13. Jansma-Coursey Asphalt $13.85 ton 14. Rieth-Riley Construction $20.60 ton 15. Jansma-Coursey Asphalt $19.80 ton 16. Rieth-Riley Construction $35.00 ton 17. Rieth-Riley Construction $26.75 ton 1 REGULAR MEETING MAY 26, 1992 18. Levy Company $ 8.50 ton 19. St. Joseph Materials $ 6.05 ton 20. Levy Company $ 8.25 ton 21. Vulcan Materials $ 6.50 ton 22. Vulcan Materials $ 3.95 ton 23. No Bidder 24. Hass Concrete $ 56.30 c.y. 25. Hass Concrete $ 53.80 c.y. 26. Hass Concrete $ 50.90 c.y. 27. Rose Fuel $ 5.17 bag 28. Elf Asphalt $144.00 ton 29. Elf Asphalt $ .42 gal. 30. Elf Asphalt $ .60 gal. 31. Elf Asphalt $ .78 gal. 32. Elf Asphalt $ .80 gal. 33. No Bidder As per vendors bids submitted week of April 20, 1992, the Secondary Suppliers for the following items are: ITEM NO. SECONDARY SUPPLIER COST 1. Walsh & Kelly, Inc. $17.10 ton 2. Rieth-Riley Construction $26.50 ton 3. Walsh & Kelly, Inc. $17.65 ton 4. Rieth-Riley Construction $27.75 ton 5. Walsh & Kelly, Inc. $32.70 ton 6. Walsh & Kelly, Inc. $41.25 ton 7. Rieth-Riley Construction $30.50 ton 8. Rieth-Riley Construction $30.00 ton 9. Walsh & Kelly, Inc. $16.25 ton 10. Walsh & Kelly, Inc. $22.50 ton 11. Walsh & Kelly, Inc. $16.35 ton 12. Walsh & Kelly, Inc. $22.75 ton 13. Rieth-Riley Construction $14.95 ton 14. Walsh & Kelly, Inc. $22.25 ton 15. Rieth-Riley Construction $24.90 ton 16. Jansma-Coursey Asphalt $39.95 ton 17. Walsh & Kelly, Inc. $33.75 ton 18. Vulcan Materials $ 9.67 ton 19. No Bidder 20. Vulcan Materials $ 8.77 ton 21. St. Joseph Materials $ 6.55 ton 22. St. Joseph Materials $ 4.45 ton 23. No Bidder 24. No Bidder 25. No Bidder 26. No Bidder 27. Hass Concrete $ 5.25 bag 28. No Bidder 29. No Bidder 30. No Bidder 31. No Bidder 32. No Bidder 33. No Bidder ITEM NO. THIRD SUPPLIER COST 1. Jansma-Coursey Asphalt $17.45 ton 2. Jansma-Coursey Asphalt $29.95 ton 3. Jansma-Coursey Asphalt $22.25 ton 4. Jansma-Coursey Asphalt $29.85 ton 5. Jansma-Coursey Asphalt $34.00 ton 6. Jansma-Coursey Asphalt $44.85 ton 7. Jansma-Coursey Asphalt $35.75 ton 8. Jansma-Coursey Asphalt $35.65 ton Im 9. Jansma-Coursey Asphalt $16.45 ton 10. Jansma-Coursey Asphalt $26.00 ton 11. Jansma-Coursey Asphalt $17.00 ton 12. Jansma-Coursey Asphalt $27.00 ton 13. Walsh & Kelly, Inc. $16.00 ton 14. Jansma-Coursey Asphalt $22.50 ton 15. Walsh & Kelly, Inc. $25.50 ton 16. No Bidder 17. Jansma-Coursey Asphalt $35.50 ton Mr. Hensley advised the Board that the primary suppliers are the low bidders for the respective items. Other than primary bidders are only used when the primary suppliers cannot provide the City with the type of material needed. Therefore, Mr. Leszczynski made a motion that the recommendation be accepted and the above bids be awarded. Mr. Caldwell seconded the motion which carried. AWARD PROPOSAL - DEBT COLLECTION SERVICES FOR PAST DUE AMBULANCE ACCOUNTS FOR THE SOUTH BEND FIRE DEPARTMENT FOR THE YEAR 1992 In a Memorandum to the Board, Fire Chief Luther Taylor advised that the Department has reviewed the Proposals received on May 11, 1992, for the above referred to collection services and recommends at this time that the Board award the Proposal of Federated Collection Agency, Suite 138, Marycrest Building, 2015 West Western Avenue, South Bend, Indiana, as the agent for the 1992 accounts. Mr. Caldwell made a motion that the recommendation be accepted and the Proposal be awarded. Mrs. Mueller seconded the motion which carried. FAVORABLE RECOMMENDATION - VACATION OF FIRST N/S ALLEY EAST OF NORTH WALNUT STREET, FROM THE NORTH RIGHT-OF-WAY LINE OF WEST WASHINGTON STREET TO THE SOUTH RIGHT-OF-WAY LINE OF THE FIRST Mr. Leszczynski a Vacation Petiti Lincolnway West, Dobski Shidler, West, South Ben o n as filed by Mr. Je South Bend, Indiana, West Washington Homes d, Indiana, to vacate oard is in receipt of a ffrey V. Gibney, 914 on behalf of Ms. Michele Partnership, 914 Lincolnway the following property: The First North/South alley East of N. Walnut Street, from the North right-of-way line of W. Washington Street to the South right-of-way line of the First East/West alley North of W. Washington Street, for a distance of approximately 198' and a width of approximately 14 feet. Part situated in Commissioner's Subdivision of Bank Outlot 79 in the City of South Bend, Indiana. It is noted that the Board is also in receipt of favorable recommendations concerning this Vacation Petition from the Engineering Department, Department of Economic Development, Area Plan Commission, Police Department and Fire Department. Mr. Jeff Gibney was present and informed members of the Board that he is representing South Bend Heritage. Mr. Gibney stated that this vacation is requested in conjunction with their project of building sixty-five (65) units of new rental housing. The reason for the vacation is that one (1) of the thirteen (13) free standing buildings will be placed on the site of the alley to be vacated. Mr. Gibney noted that they have already acquired all the property on the north and south sides of the street and it is their intent to replat this property into two (2) sections. Therefore, Mr. Caldwell made a motion that the Board forward to the Common Council a favorable recommendation concerning this proposed vacation. Mrs. Mueller seconded the motion which carried. E 1 1 REGULAR MEETING MAY 26, 1992 APPROVE REQUESTS: - OF 1992 COMMITTEE FOR THE CROP WALK TO CONDUCT ANNUAL WALK - OCTOBER 4, 1992 - OF MADISON PARENT -TEACHER ORGANIZATION TO CLOSE PARK LANE FROM LAFAYETTE TO MAIN STREET, IN CONJUNCTION WITH ICE CREAM SOCIAL - MAY 29, 1992 - OF FOREST SIGN & DISPLAY, INC. TO INSTALL SIGN AT 1522 PORTAGE AVENUE (FARMERS INSURANCE GROUP) - OF REINKE CONSTRUCTION TO OCCUPY THE PUBLIC RIGHT-OF-WAY WEST OF TEMPLE BETH-EL FROM MAY 19, 1992'TO OCTOBER 1, 1992 Mr. Leszczynski advised that the appropriate City departments and bureaus have reviewed the requests of the Committee for the'CROP Walk, the Madison Parent-Teacher Organization and Forest Sign, which were submitted to the Board on May 4, 1992 and May 26, 1992 and approval is recommended. It is noted that Mr. Edward L. Benson, Project Coordinator, Reinke Construction Corporation, 1216 West Sample Street, P.O. Box 3095, South Bend, Indiana, submitted to the Board an Application For And Permit Allowing Temporary Occupancy of Public Property in conjunction with construction at the Temple Beth -El, 305 West Madison, South Bend, Indiana. Mr. Benson is requesting that the alley west of the Temple be closed from May 19, 1992 to October 1, 1992. It is further noted that this request has been reviewed by the necessary departments and bureaus and favorable recommendations have been received. Therefore, Mr. Leszczynski made a motion that the above outlined requests be approved with the request of Reinke & Sons, Inc., being approved subject to them providing the required bond in the amount of $5,000.00 as set by the City Attorney's office and A Certificate of Insurance in the amount of $300,000.00 per occurrence, $5,000,000.00 aggregate, naming the City of South Bend as an additional insured. Mr. Caldwell seconded the motion which carried. REQUESTS REFERRED: Upon a motion made by Mr. Leszczynski, seconded by Mrs. Mueller and carried, the following requests were referred to the appropriate City departments and bureaus for review and recommendation: - OF VIET HOSTAGE ANNUAL P.O.W., M.I.A 1992 Ms. Brenda Frye, Vietnam Veterans, 245 Sorin Street, Niles, Michigan, advised the Board that in honor of all the Americans who are held Prisoner of War, Missing in Action or Hostage, by foreign and hostile nations, the Vietnam Veterans announce the fourth annual P.O.W., M.I.A. Hostage Freedom March to be held in honor of these most noble Americans. 'O CONDUCT OM MARCH - Therefore, permission is requested to conduct a March on August 15, 1992, in conjunction with LZ South Bend. The March will begin at 8:30 a.m. until 11:00 a.m. utilizing the route submitted with the request. All participants will utilize the public sidewalks. - TO CLOSE SOUTH STREET, FROM LONGFELLOW TO SUNNYSIDE, FOR NEIGHBORHOOD BLOCK PARTY - JUNE 13 1992 (RAIN DATE JUNE 14 1992) In a letter to the Board, Mrs. Mary Beth Hoover, 1347 East South Street, requested that South Street, from Longfellow to Sunnyside, be closed on Saturday, June 13, 1992, from 2:00 p.m. to 12:00 midnight for a neighborhood block party. Mrs. Hoover noted that a rain date for this block party has been scheduled for June 14, 1992. REGULAR MEETING MAY 26, 1992 - TO CLOSE SUNNYMEDE AVENUE, FROM TWYCKENHAM TO GREENLAWN, FOR NEIGHBORHOOD BLOCK PARTY - JULY 4, 1992 (RAIN DATE JULY 5, 1992) Mr. Tom Wisniewski, 1620 Sunnymede Avenue, South Bend, Indiana, requested permission to close the 1500-1700 blocks of Sunnymede Avenue, from Twyckenham to Greenlawn Streets, on Saturday, July 4, 1992 from 10:00 a.m. to 6:00 p.m. for a neighborhood block party. Mr. Wisniewski noted that a rain date for this block party has been set for Sunday, July 5, 1992. - OF CITY AWNING TO INSTALL CANOPY - 400 SOUTH MAIN STREET Mr. Bob Hinsch, Sales Representative, City Awning of South Bend, 1731 South Franklin Street, South Bend, Indiana, requested permission to install a canopy at Ivy Tech (ADT Building), 400 South Main Street, South Bend, Indiana, pursuant to the drawing submitted with the request. - OF DEPARTMENT OF PUBLIC PARKS TO CLOSE NILES AVENUE, FROM WASHINGTON TO COLFAX, FOR EAST RACE WATERWAY EVENTS - JUNE 13-14, 1992 AND AUGUST 15-16, 1992 In a Memorandum to the Board, Mr. Karl T. Stevens, Superintendent, Department of Public Parks, requested permission to close Niles Avenue, from Washington Street to Colfax Avenue, in conjunction with East Race Waterway events to be held on June 13-14, 1992 and August 15-16, 1992. APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mr. Caldwell, seconded by Mrs. Mueller and carried, the following two (2) traffic control devices were approved: 1. OTHER: Street Closure LOCATION: In conjunction with the State Highway project at L.W.W., Goodland & Humbolt, the Bureau of Traffic and Lighting requests the closure of Humbolt at Goodland. This will take place when the State Highway project starts. 2. OTHER: In conjunction with the State Highway project at L.W.W., Goodland and Humbolt, the Bureau of Traffic and Lighting requests that Goodland be made one way south bound to Bonds. Goodland will be two way from Bonds to Westmore. REMARKS: Effective August 3, 1992 APPROVE RELEASE OF CONTRACTORS BOND Mr. Larry D. Spradlin, Sr., Division of Engineering, recommended that the Bond of Contractor for Bela Ban, Jr., 2208 South Carlisle Street, South Bend, Indiana, be released effective September 25, 1992. Mr. Leszczynski made a motion that the recommendation be accepted and approved. Mrs. Mueller seconded the motion which carried. FILING OF CERTIFICATE OF INSURANCE Upon a motion made by Mr. Leszczynski, seconded by Mrs. Mueller and carried, the Certificate of Insurance for Michiana Paving & Excavating, 705 South Beiger Street, Mishawaka, Indiana, was accepted for filing as submitted. 1 1 1 REGULAR MEETING MAY 26, 1992 1 r__J FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORTS Mr. Leszczynski stated that the Board is in receipt of two (2) lists as submitted by the Department of Code Enforcement indicating that seventy-two (72) miscellaneous properties were cleaned by the Department from May 11, 1992 to May 14, 1992. Mr. Caldwell made a motion that the lists be accepted for filing. Mrs. Mueller seconded the motion which carried. APPROVE CLAIMS Mr. Leszczynski stated that the Deputy Controllers Office has submitted claims in the amounts of $896,521.96, $1,717,299.31 and $1,877,229.10 and recommended approval. Additionally, Mr. Juan A. Manigault, Executive Director, WDS of Northern Indiana, submitted two (2) lists containing claims totalling $322,088.78 and $59,747.20 and recommended approval. Therefore, Mr. Caldwell made a motion that the claims be approved and the reports as submitted be filed. Mr. Leszczynski 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. Mueller and carried, the meeting adjourned at 9:50 a.m. ATTEST: 'Sandra M. Parmerlee, Clerk J in E. Leszczyn ames R. Ca well WLNt�l" Mary H. kluler