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HomeMy WebLinkAbout05/22/89 Board of Public Works Minutes145 REGULAR MEETING MAY 22, 1989 The regular meeting of the Board of Public Works was convened at 9:33 a.m. on Monday, May 22, 1989, by Board President John E. Leszczynski, with Mr. Leszczynski, Mrs. Patricia E. DeClercq and Ms. Katherine Humphreys present. Also present was Assistant City Attorney Jenny Pitts-Manier. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski and carried, the minutes of the regular meeting of the Board held on May 15, 1989 were approved. OPENING OF BIDS - VIRIDIAN DRIVE PHASE IV PROJECT 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: KASER-SPRAKER CONSTRUCTION. INC. 25487 W. State Road 2 P.O. Box 3605 South Bend, Indiana 46619 Bid was signed by Gary L. Spraker, President, Non -Collusion Affidavit was in order and a 5% Bid Bond was submitted. BID: $36,700.00 MICHIANA PAVING_& EXCAVATING. INC. 705 Beiger Street Mishawaka, Indiana 46544 Bid was signed by Sean Watt, General Manager, Non -Collusion Affidavit was in order and a 5% Bid Bond was submitted. BID: $37,328.00 RIETH-RILEY CONSTRUCTION COMPANY INC. P.O. Box 1775 South Bend, Indiana 46634 Bid was signed by Kenneth G. Noble, Sales Manager, Non -Collusion Affidavit was in order and a 5% Bid Bond was submitted. BID: $30,442.30 WALSH & KELLY, INC. 24358 State Road 23 South Bend, Indiana 46614 Bid was signed by Thomas O. Walsh, President, Non -Collusion Affidavit was in order and a 5% Bid Bond was submitted. BID: $30,178.50 Mr. Leszczynski advised that this project entails the extension of Viridian Drive off of Boland Street. Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the bids received were referred to the Engineering Department for review and recommendation. • `f REGULAR MEETING MAY 22, 1989 OPENING OF BIDS - RALPH JONES/WILLIAM RICHARDSON DRIVE PROJECT AND FILING OF APPLICATION FOR BIDDER QUALIFICATION 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: MICHIANA PAVING & EXCAVATING, INC. 705 Beiger Street Mishawaka, Indiana 46544 Bid was signed by Sean Watt, General Manager, Non -Collusion Affidavit was in order and a 5% Bid Bond was submitted. BID: $123,668.99 SMALL, INC. 25190 State Road 4 North Liberty, Indiana 46554 Bid was signed by Ronald N. Howell, President, Non -Collusion Affidavit was in order and a 5% Bid Bond was submitted. BID: $105,832.40 RIETH-RILEY CONSTRUCTION COMPANY, INC. P.O. Box 1775 South Bend, Indiana 46634 Bid was signed by Kenneth G. Noble, Sales Manager, Non -Collusion Affidavit was in order and a 5% Bid Bond was submitted. BID: $98,026.75 WALSH & KELLY, INC. 24358 State Road 23 South Bend, Indiana 46614 Bid was signed by Thomas O. Walsh, President, Non -Collusion Affidavit was in order and a 5% Bid Bond was submitted. BID: $113,482.20 Mr. Leszczynski advised that this project entails the extensions of Ralph Jones and William Richardson Drives which are located in the Toll Road Industrial Park. Upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the bids received were referred to the Engineering Department for review and recommendation and the Application for Bidder Qualification as submitted by Small, Inc., was accepted for filing and referred to the Affirmative Action Review Committee for review and recommendation. APPROVE ADDENDUM II TO LOAN SALE AND ASSIGNMENT AGREEMENT - CITY OF SOUTH BEND/HOUSING DEVELOPMENT CORPORATION Mr. Leszczynski advised that Addendum II submitted to the Board today is an assignment of a defaulted South Bend Home Improvement Loan to the Housing Development Corporation. The HDC will set-up payment terms with the homeowner to collect. Monies collected will be used in the Housing Rehabilitation Revolving Fund. Therefore, upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the Addendum was approved and executed. 147 REGULAR MEETING MAY 22, 1989 RESCIND PRIOR AWARD AND APPROVE BID - SALE OF ABANDONED VEHICLE Mrs. Patricia E. DeClercq, Director, Department of Code Enforcement, advised that on May 15, 1989, the Board awarded bids for the sale of abandoned vehicles. Through an error in the bid review, one vehicle was awarded to a bidder who did not submit the highest bid. Therefore, she recommended that the Board take the following action: 1. Rescind the bid award to South Bend Auto Parts for Vehicle #11, Tag #12077 in the amount of $78.51. 2. Award the bid of Auto World for Vehicle #11, Tag #12077 in the amount of $102.00 Therefore, Ms. Humphreys made a motion that the recommendation as outlined above be accepted and approved. Mr. Leszczynski seconded the motion which carried. AWARD PROPOSAL - DEBT COLLECTION SERVICES FOR PAST DUE AMBULANCE ACCOUNTS FOR THE SOUTH BEND FIRE DEPARTMENT FOR 1989 Fire Chief Luther Taylor advised the Board that after reviewing the Proposals received on May 1, 1989, for the above referred to services, it is his recommendation that the Proposal of Federated Collection Agency, Suite 138, Marycrest Building, 2015 West Western Avenue, South Bend, Indiana, be awarded. Assistant Chief Rick Switalski advised that Federated Collection Agency is under contract with the City for debt collection for 1988 and they submitted the low Proposal of thirty-five per cent (35%) for debt collection services for 1989. Therefore, upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the recommendation was accepted and the award was approved. APPROVE DISTRIBUTION EASEMENT - INDIANA MICHIAN POWER COMPANY Mr. Leszczynski advised that Indiana Michigan Power Company has requested an easement over City -owned property which is required due to the US20 by-pass construction which necessitates some relocation by I&M. The Distribution Easement indicates that the City grants to I&M a right-of-way easement over a parcel of property beginning at the northwest corner of a 5.16 acre + parcel, identified as Key #01-1019-0425.15, thence fifteen (15) feet south and parallel to the west property line; thence 260 feet northeasterly and parallel to the north property line; thence 15 feet + north to the north property line; thence 260 feet southwesterly to the point of beginning. Upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the Distribution Easement was approved and executed. ADOPT RESOLUTION NO. 19-1989 - TRANSFER OF PROPERTY - CITY OF SOUTH BEND POLICE DEPARTMENT/ST. JOSEPH COUNTY CIVIL DEFENSE WEATHER WATCH Mr. Leszczynski informed the Board that Police Chief Ronald G. Marciniak has advised that the South Bend Police Department has a Federal Signal Twin Sonic Model 12MX light bar which is obsolete for their present equipment. Therefore, the Department would like to donate this light bar to the St. Joseph County Civil Defense Weather Watch Unit for use on their van as their present light bar, which provides red emergency warning lights, is faulty. Therefore, the appropriate Resolution providing for the transfer of this equipment has been submitted for Board approval. Mrs. DeClercq made a motion that the Resolution as submitted be adopted. Ms. Humphreys seconded the motion, which carried, and the following Resolution No. 19-1989 was adopted: REGULAR MEETING MAY 22, 1989 RESOLUTION NO. 19-1989 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS FOR THE TRANSFER OF FEDERAL SIGNAL TWIN SONIC MODEL 12MX LIGHT BAR FROM THE SOUTH BEND POLICE DEPARTMENT TO THE ST. JOSEPH COUNTY CIVIL DEFENSE WEATHER WATCH UNIT WHEREAS, the City of South Bend Police Department owns a Federal Signal Twin Sonic Model 12MX light bar which is obsolete for equipment presently in use by the Department; and WHEREAS, it is the desire of the South Bend Police Department to transfer said light bar to the St. Joseph County Civil Defense Weather Watch Unit for use on its vehicle; and WHEREAS, the light bar presently mounted on the St. Joseph County Civil Defense Weather Watch Unit's van is faulty and unsuitable and needs to be replaced. NOW THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that in consideration of One Dollar ($1.00), the City sells its Federal Signal Twin Sonic Model 12MX light bar to the St. Joseph County Civil Defense Weather Watch Unit. BE IT FURTHER RESOLVED that said property be removed from the City inventory. ADOPTED this 22nd day of May, 1989. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/John E. Leszczynski s/Patricia E. DeClercq s/Katherine Humphreys ATTEST: s/Sandra M. Parmerlee, Clerk ADOPT RESOLUTION NO. 20-1989 - WRITE-OFF AMBULANCE SERVICE OUTSTANDING ACCOUNTS FOR 1986 - FIRE DEPARTMENT Fire Chief Luther Taylor advised the Board that the Resolution submitted today will write-off ambulance service outstanding accounts which are considered to be uncollectible for the year 1986. This action will close the books for 1986. Chief Taylor further advised that during 1986, the City billed a total of $352,943.00 for ambulance services. The total amount to be written off for 1986 is $112,238.02. This results in $240,704.98 in revenue or a 68% collection rate for 1986. It was noted that the procedure for ambulance billing is to turn the account over to a collection agency after one hundred twenty (120) days from the date of service. After the collection agency exhausts every effort to collect these accounts, they are written off. The list attached to the Resolution represents those accounts considered uncollectible. Chief Taylor further advised that the national collection average for ambulance services is 600-65o and the City's collection rate of 68% shows the effort that is being put into the collections. Therefore, upon a motion made by Ms. Humphreys, seconded by Mrs. DeClercq and carried, the following Resolution No. 20-1989 was adopted: 1 1 149 REGULAR MEETING MAY 22, 1989 RESOLUTION NO. 20-1989 WHEREAS, the City of South Bend, through its Emergency Medical Services Department, charged the persons listed on the attached documents for ambulance services; and WHEREAS, the charges have not been paid to the City of South Bend after at least three notices were sent to the person who received the services; and WHEREAS, Federated Collection Agency has made every attempt to collect the aforementioned charges, and has not been successful; and WHEREAS, the Indiana State Board of Accounts has instructed the City to write off all uncollectible accounts after every attempt to collect them has been made; and WHEREAS, the City of South Bend by and through its Board of Public Works, desires to write off the accounts listed on the attached documents; NOW THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend, that the attached documents totaling $112,238.02 be written off the accounts receivable of the City of South Bend as uncollectible. BOARD OF PUBLIC WORKS s/John E. Leszczynski s/Patricia E. DeClercq s/Katherine Humphreys ATTEST: s/Sandra M. Parmerlee, Clerk ADOPT RESOLUTION NO. 21-1989 - DISPOSAL OF SERVICE REVOLVER POLICE DEPARTMENT Mr. Leszczynski stated that Police Chief Ronald G. Marciniak has advised that Corporal David Hatala has retired, in good standing, from the South Bend Police Department effective April 17, 1989 after twenty-two and one-half (222) years of service. In keeping with Section 2-124 of the Municipal Code of the City of South Bend, Chief Marciniak requested that the Board declare Corporal Hatala's service revolver as surplus property no longer useful to the City. This declaration by the Board will authorize the presentation of the firearm to Corporal Hatala as a tribute for his service to the City. Therefore, upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the following Resolution No. 21-1989 was adopted: RESOLUTION NO. 21-1989 WHEREAS, I.C. 36-9-6-1 gives the Board of Public Works of the City of South Bend the right and duty to have custody of, control of, use of, and dispose of in accordance with Indiana statutes, all real and personal property owned by the City of South Bend; and WHEREAS, the Common Council of the City of South Bend passed as amended on January 11, 1988, Ordinance No. 7847-88, which mandates the Board of Public Works of the City of South Bend to determine that the service revolver of a police officer who retires in good standing is surplus property and no longer useful to the City of South Bend; and 150 REGULAR MEETING MAY 22, 1989 WHEREAS, Corporal David Hatala has retired from the South Bend Police Department after twenty-two and one-half (222) years of service and the Board of Public Safety of the City of South Bend has determined that he has retired in good standing; and WHEREAS, I.C. 36-1-11-6 permits and establishes procedure for disposal of personal property which is no longer needed by the City and which is unfit for the purpose for which it was intended; NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that service revolver Serial No. 250K886 a .357 caliber Smith and Wesson revolver, is no longer needed by the City and is unfit for the purpose for which it was intended and has an estimated fair market value of less than Five Hundred Dollars ($500.00). BE IT FURTHER RESOLVED that said property be disposed of and removed from the City inventory. ADOPTED this 22nd day of May, 1989. BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND s/John E. Leszczynski s/Patricia E. DeClercq s/Katherine Humphreys ATTEST: s/Sandra M. Parmerlee, Clerk APPROVE PROJECT COMPLETION AFFIDAVIT - I/N TEK SEWER PHASE IV Mr. Leszczynski advised that the Project Completion Affidavit submitted by Selge Construction for the I/N Tek Sewer Phase IV Project, which entails the construction of a sanitary sewer from Pine to Grandview, has now been submitted to the Board as the project is completed. Therefore, upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the Project Completion Affidavit was approved and executed and the appropriate three (3) year Maintenance Bond as submitted was filed. APPROVE REQUEST OF ST. STEPHEN'S PARISH TO CLOSE MC PHERSON STREET IN CONJUNCTION WITH CHURCH FESTIVAL - JULY 23. 1989 Mr. Leszczynski advised that the Bureau of Traffic and Lighting and the Police Department Traffic Division have reviewed the above referred to request which was submitted to the Board on May 8, 1989 and approval is recommended. Therefore, upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the recommendation was accepted and the request approved. APPROVE REQUEST TO CLOSE THE 400 BLOCK OF COQUILLARD, FROM MADISON TO CEDAR, FOR NEIGHBORHOOD B] Mr. Leszczynski informed the Board that the appropriate City departments and bureaus have reviewed the above referred to request which was submitted to the Board on May 15, 1989 and recommend approval of the request. Mr. Leszczynski therefore made a motion that the recommendation be accepted and the request be approved. Mrs. DeClercq seconded the motion and it carried. APPROVE ETHNIC FESTIVAL BOOTH APPLICATIONS Ms. Katherine Humphreys, Director, Administration and Finance, submitted to the Board booth applications received for the Ethnic n 151 REGULAR MEETING MAY 22, 1989 Festival and advised that she has reviewed the applications and recommends that they be approved. Ms. Humphreys therefore made a motion that the applications as submitted be approved. Mrs. DeClercq seconded the motion and the following applications were approved: Food booths: 52 Craft booths: 43 Display booths: 13 Children's booths: 4 TOTAL TO DATE: 112 APPROVE TRANSFER OF PROPERTY LOCATED A HOUSING DEVELOPMENT CORPORATION ' 119 ELM STREET TO '. In a letter to the Board, Ms. Elizabeth Leonard, Director, Financial & Program Management, Department of Economic Development, advised that several years ago the City used CDBG funds to purchase a property at 119 Elm Street to be offered in the homestead drawing. To date, no one has shown a committed interest in the property. The property has remained vacant and become the target of vandalism. Ms. Leonard stated that they are concerned that unless this home is rehabilitated soon, the repairs will be too extensive and the home will ultimately need to be torn down. Ms. Leonard further advised that the Housing Development Corporation is willing to rehabilitate the property for rent and possible sale to a low to moderate income household. This use conforms with the Department's objectives for the property and they wish to transfer the property to the HDC for this purpose. Ms. Leonard stated that they have prepared the Deed for the Mayor's signature and therefore requested the Board's approval of this transaction. Therefore, upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the transfer was approved. APPROVE CHANGE ORDER NOS. 1-4 - MIAMI/JACKSON AND IRONWOOD/EWING INTERSECTION SIGNALIZATION PROJECT Mr. Leszczynski advised that the following Change Order Nos. 1-4 have been submitted to the Board for the above referred to project: No. 1 Increase $ 378.00 No. 2 Increase 1,200.00 No. 3 Increase 4,978.00 No. 4 Increase 1,265.00 Mr. Leszczynski advised that the Change Orders are for items including re -setting a chain link fence, tree removal, additional pipe, pedestrian push-button and signal cable. Therefore, upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, Change Order Nos. 1-4 as submitted were approved and executed. APPROVE REOUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - BAER'S PARKING LOT IMPROVEMENTS PROJECT Mr. Leszczynski advised that Mr. Michael P. Meeks, Director, Division of Engineering, has requested that the Board advertise for the receipt of bids for the construction of a new parking lot on the old Baer's property. Mr. Leszczynski indicated that this lot will be used for surface parking. Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the request was approved. 152 REGULAR MEETING MAY 22, 1989 REQUEST TO CLOSE HUEY STREET, FROM LINDEN TO SMITH, FOR BLOCK PARTY - JUNE 11, 1989 - REFERRED Ms. Toni Maefield, 2123 West Linden, South Bend, Indiana, submitted to the Board an Application For Use Of And Blocking Of Access To Public Right -Of -Way For A Party Or Similar Event requesting that the 300 block of Huey Street, from Linden Avenue to Smith Street, be closed from 4:30 p.m. to 7:00 p.m. on Sunday, June 11, 1989 for a block party. Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the request was referred to the appropriate City departments and bureaus for review and recommendation. QUEST TO CLOSE SMITH ,RTY - JUNE 10, 1989 FROM OLIVE TO HUEY FOR BLOCK Ms. Fay Jackson, 2205 Smith Street, South Bend, Indiana, submitted to the Board an Application For Use Of And Blocking Of Access To Public Right -Of -Way For A Party Or Similar Event requesting that the 2200 block of Smith Street, from Olive Street to Huey Street, be closed from 3:00 p.m. to 9:00 p.m. on Saturday, June 10, 1989 for a block party. Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the request was referred to the appropriate City departments and bureaus for review and recommendation. REQUEST OF DEPARTMENT OF PUBLIC PARKS TO CLOSE NILES AVENUE ON JULY 4, 1989 AND JULY 22-23, 1989 IN CONJUNCTION WITH KAYAK RACES TO BE HELD ON THE EAST RACE - REFERRED In a letter to the Board, Mr. Karl T. Stevens, Superintendent, Department of Public Parks, advised that the Park Department will be using the "East sector" building as the East Race command center. As a result of this being the race headquarters, there will be a great deal of pedestrian traffic crossing Niles Avenue to the buildings during the upcoming kayak race. Therefore, Mr. Stevens requested that Niles Avenue be closed on July 4, 1989 and July 22-23, 1989 from 7:00 a.m. to 6:00 p.m. in conjunction with the kayak races. Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the request was referred to the appropriate City departments and bureaus for review and recommendtion. APPROVE TRAFFIC CONTROL DEVICE Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the following one (1) traffic control device was approved: 1. NEW INSTALLATION: No Parking LOCATION: Ameritech Drive APPROVE LICENSE APPLICATIONS - SECONDHAND DEALER Mr. Leszczynski advised that the following three (3) secondhand dealers license applications have been received: NAME: CASEY'S FURNITURE MART BY: Frances J. Billings ADDRESS: 520 Western Avenue FOR THE PURPOSE OF SELLING: Used Furniture NAME: R & J VARIETY & USED APPLIANCES BY: Geraldine Kalzinski ADDRESS: 1426 Portage Avenue FOR THE PURPOSE OF SELLING: Used Appliances REGULAR MEETING MAY 22, 1989 153 1 NAME: WESTERN ELECTRONICS BY: Vendel Vegh ADDRESS: 1530 Western Avenue FOR THE PURPOSE OF SELLING: TV's, VCR's, computers 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 on the above applications. Upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the above license applications were approved and referred to the Deputy Controller's office for issuance of licenses. FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORT A report from the Department of Code Enforcement indicating a total of thirty (30) properties cleaned from May 8, 1989 to May 11, 1989, was submitted. Upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the report as submitted was filed. FILING OF CERTIFICATE OF INSURANCE Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the Certificate of Insurance for Michiana Paving and Excavating, Inc., 705 South Beiger Street, Mishawaka, Indiana, was accepted and filed. APPROVE CLAIMS Chief Deputy City Controller John D. Leisenring, submitted Claim Docket Nos. 8229 through 8564 and 8568 through 8837 and recommended approval. Additionally, Voucher Nos. 397-449 for the Bureau of Wastewater, Voucher Nos. 280-321 for the Bureau of Sewers and Voucher Nos. 28-33 for the Bureau of Solid Waste were submitted for approval. Upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the claims and vouchers were approved and the reports as submitted were filed. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the meeting adjourned at 9:56 a.m. ATTEST: zi 'o-1yo. Sandra M. Parmerlee, Clerk