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REGULAR MEETING
SEPTEMBER 6, 1988
The regular meeting of the Board of Public Works was convened at
9:33 a.m. on Tuesday, September 6, 1988 by Board President John
E. Leszczynski, with Mr. Leszczynski, Mrs. Patricia E. DeClercq
and Ms. Katherine Humphreys present. Also present was Assistant
City Attorney Carolyn V. Pfotenhauer.
APPROVE MINUTES OF PREVIOUS MEETING
Upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys
and carried, the minutes of the regular meeting of the Board held
on August 29, 1988 were approved.
APPROVE COMMUNITY DEVELOPMENT CONTRACT
The following Community Development Contract was presented to the
Board for approval:
HISTORIC PRESERVATION
HISTORIC PRESERVATION
The targeted goal for
Historic Sites & Strul
inventory information
include more thorough
photographs. The tot,
exceed $3,000.00.
COMMISSION OF ST. JOSEPH COUNTY
SURVEY RECORDS MANAGEMENT ACTIVITY
this activity is to update the
ature Inventory and transfer the
onto state forms. The update will
information as well as additional
al cost of this activity shall not
Upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys
and carried, the above referred to Contract was approved and
executed.
APPROVE CONTRACTS FOR SERVICES - CAR WASHES FOR CITY VEHICLES
Mr. Leszczynski advised that pursuant to the award of bids on
August 15, 1988, for car washes for City Vehicles to Dons Gas
and Car Wash, Inc., 1836 South Michigan Street and Hi -Speed Auto
Wash, Inc., 609 East LaSalle Avenue, South Bend, Indiana, the
appropriate Contracts for Services are being submitted at this
time for approval and execution. Upon a motion made by Mrs.
DeClercq, seconded by Ms. Humphreys and carried, the Contracts as
submitted were approved.
APPROVE VEHICLE STORAGE AGREEMENT (FIRE DEPARTMENT/TRANSPO)
Mr. Leszczynski advised that Fire Chief Luther Taylor has
submitted to the Board a Vehicle Storage Agreement between the
City and TRANSPO for the storage of the Fire Department ladder
truck at the TRANSPO facility located at 901 Northside
Boulevard. Chief Taylor further advised that this is a reserve
ladder and needs to be stored inside, especially with winter
weather approaching. Therefore, upon a motion made by Mrs.
DeClercq, seconded by Ms. Humphreys and carried, the Agreement as
submitted was approved and executed.
ADOPT RESOLUTION NO. 26-1988 - ESTABLISHING SEWER TAP FEE FOR
SANITARY SEWER LINE ALONG IRONWOOD ROAD BUILT BY UNITED
PENTECOSTAL CHURCH
Mr. Michael P. Meeks, Director, Division of Engineering and Mr.
Melvin B. Humphrey, Bureau of Public Construction, submitted to
the Board for adoption Resolution No. 26-1988. They advised that
this Resolution will make it possible for the City to collect a
tap fee (hook-up charge) for connection into the South Bend
Sanitary Sewer System and pay an amount to the United Pentecostal
Church, 59609 South Ironwood, pursuant to state statute I.C.
36-9-23-29. Mr. Leszczynski explained that the church built the
sewer to service their property and the City is now establishing
a rate that will be paid back to them in the event that someone
taps into the sewer. He noted that this arrangement will be in
effect for fifteen (15) years. Therefore, upon a motion made by
Mrs. DeClercq, seconded by Ms. Humphreys and carried, the
following Resolution No. 26-1988 was adopted:
268
REGULAR MEETING
SEPTEMBER 6, 1988
RESOLUTION NO. 26-1988
WHEREAS, United Pentecostal Church did construct a sanitary
sewer along Ironwood Road in July/August, 1987 and built to the
City of South Bend Standards; and
WHEREAS, the cost of said sewer was paid for by United
Pentecostal Church, 59609 S. Ironwood Dr.; and
WHEREAS, Section 36-9-23-30 of the Indiana Code and Section
17-8 of the South Bend Municipal Code proscribe that connection
must be made to the sewer system of a municipality if there is an
available sanitary sewer within three hundred (300) feet of an
affected property line; and
WHEREAS, the City of South Bend, through its Board of Public
Works requires property owners within three hundred (300) feet of
an available sanitary sewer to make a connection; and
WHEREAS, such property owner is required to make the
connection to the sewer at their own expense; but is allowed to
contract with the city for obtaining its pro rata share of the
construction cost from any subsequent owner who taps into the
sewer without having contributed to the original cost of said
sewer; and
WHEREAS, I.C. Section 36-9-23-29 permits the city, through
its Board of Public Works to fix the fees for the construction
costs and requires that the fee "be based on the pro rata cost of
constructing a local or lateral sewer sufficient to serve the
property;" and
WHEREAS, the City, through its Department of Engineering,
has conducted studies and investigations to fix a fair and
equitable pro rata share to serve the property.
NOW, THEREFORE, BE IT RESOLVED, that for all connections
required under state and local law, shall be as follows:
Section 1. The fee for connection into the public sanitary
sewer will be a sum equal to a pro rata share according to the
following schedule: and for a period not to exceed 15 years from
the date of this resolution:
(a) $0.07/sq.ft. shall be paid to United Pentecostal
Church for each square foot as determined by multiplying the
frontage on Ironwood Road of the property benefiting from said
sewer by depth of the property, up to a maximum of 150 feet in
depth; plus
(b) $0.03/sq.ft. shall be paid to United Pentecostal
for all remaining property benefiting by said sewer within 500
feet of the sewer that hook-up indirectly.
(c) $1,500 shall be paid to United Pentecostal for
each forced main connected directly into sewer. (limit 3).
REGULAR MEETING
SEPTEMBER 6, 1988
Section 2. The right to make a request for a lower or higher
pro rata share is reserved and shall be made to or initiated by
the Department of Engineering. The Department of Engineering is
to review and investigate such requests and forward a report on
its review/recommendations to the Board for approval.
Dated this 6th day of September, 1988.
CITY OF SOUTH BEND, INDIANA
BY ITS BOARD OF PUBLIC WORKS
s/John E. Leszczynski
s/Patricia E. DeClercq
s/Katherine Humphreys
ATTEST:
s/Sandra M. Parmerlee, Clerk
(a)
ADOPT RESOLUTION NO. 27-1988 - TRANSFER OF VEHICLES (POLICE
DEPARTMENT/CIVIL DEFENSE OF ST. JOSEPH COUNTY)
Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq
and carried, the following Resolution No. 27(a)-1988 was adopted
(a)
RESOLUTION NO. 27-1988
WHEREAS, it has been determined by the Board of Public
Works that the following Police Department vehicle is no longer
suitable for the purpose for which it was intended and no longer
needed by the City of South Bend:
1. Mechanical 725 - 1985 Dodge Diplomat, Serial Number
1B3BG2640FX26918, mileage 53,693
WHEREAS, the St. Joseph County Civil Defense Unit has
expressed an interest in acquiring said vehicle for its
purposes; and
WHEREAS, I.C. 36-1-11-8 permits the transfer or exchange of
property with another governmental entity.
NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works
of the City of South Bend, that the above -listed vehicle is no
longer suitable for the purpose for which it was intended and is
no longer needed by the City of South Bend and the same be
transferred to the St. Joseph County Civil Defense Unit in
exchange for the following vehicle:
1. Mechanical CD2 - 1981 Chrysler LaBaron, Serial
Number 26BM46F3BR152626, mileage 93,453
ADOPTED this 6th day of September, 1988.
BOARD OF PUBLIC WORKS
s/John E. Leszczynski, President
s/Patricia E. DeClercq
s/Katherine Humphreys
ATTEST:
s/Sandra M. Parmerlee, Clerk
APPROVE RECOMMENDATIONS - APPLICATIONS FOR BIDDER QUALIFICATION
Mr. Leszczynski advised that the Affirmative Action Review
Committee has indicated that after a complete review, the
Committee has found that the following companies have met the
REGULAR MEETING
SEPTEMBER 6, 1988
requirements of the South Bend Affirmative Action Ordinance and
therefore it is their recommendation that these companies be
approved as qualified City bidders:
1. LaPorte Construction
2. TenEch Engineering
3. Kaser-Spraker Construction
4. Petroleum Traders Corporation
Therefore, upon a motion made by Mr. Leszczynski, seconded by
Mrs. DeClercq and carried, the recommendation was accepted and
the applications approved.
AWARD BID - EISENHOWER, CORBY TO CROSBY, IMPROVEMENT PROJECT
In a Memorandum to the Board, Mr. Michael P. Meeks, Director,
Division of Engineering, recommended that the Board award the low
bid of Walsh & Kelly, Inc., 24358 State Road 23, South Bend,
Indiana, in the amount of $53,397.00 for the above referred to
project. Mr. Leszczynski advised that bids for the above
referred to project were opened by the Board on August 29, 1988.
Therefore, upon a motion made by Mrs. DeClercq, seconded by Ms.
Humphreys and carried, the recommendation was accepted and the
bid awarded, subject to the filing of the appropriate Insurance,
Performance Bond and Labor and Materials Payment Bond.
AWARD BID - NILES AVENUE PHASE III PROJECT
In a Memorandum to the Board, Mr. Michael P. Meeks, Director,
Division of Engineering, recommended that the Board award the low
bid of LaPorte Construction Company, Inc., P.O. Box 577, LaPorte,
Indiana, in the amount of $494,748.95 for the above referred to
project. Mr. Leszczynski advised that bids for this project
were opened by the Board on August 29, 1988. Mr. Leszczynski
further advised that this project entails improvements from Cedar
to Corby. Upon a motion made by Mr. Leszczynski, seconded by
Mrs. DeClercq and carried, the recommendation was accepted and
the bid awarded, subject to the filing of the appropriate
Insurance, Performance Bond and Labor and Materials Payment Bond.
AWARD BID - GASOLINE AND FUEL OIL
Mr. Leszczynski stated that Mr. Phil St. Clair, Director,
Division of Equipment Services, advised that he has reviewed all
gasoline and fuel oil bids submitted to the Board on August 15,
1988 and recommends that Petroleum Traders Corporation, 1122
Thomas Road, Fort Wayne, Indiana, be awarded the following bids:
BULK TRANSPORT DELIVERIES - ALL LOCATIONS
- Regular gasoline - .6168/gal = $215,880.00
- Unleaded gasoline - .5899/gal = $383,435.00
- Diesel Fuel #1 - .4999/gal = $ 32,493.50
—Diesel Fuel #2 - .4399/gal = $ 28,593.50
Mr. St. Clair advised that tankwagon deliveries shall require
additional evaluation and may be subject to a second bidding.
Therefore, upon a motion made by Mr. Leszczynski, seconded by
Mrs. DeClercq and carried, the recommendation was accepted and
the bid of Petroleum Traders Corporation, 1122 Thomas Road, Fort
Wayne, Indiana, as outlined above, was awarded.
REQUEST TO PURCHASE CITY -OWNED PROPERTY AT 709 E. OHIO STREET -
REFERRED
In a letter to the Board, Mr. Dick Jones, 715 East Ohio Street,
South Bend, Indiana, advised that he is interested in purchasing
the City -owned lot at 709 East Ohio Street. Mr. Jones further
advised that he has been maintaining this City -owned lot for
seventeen (17) years. Therefore, upon a motion made by Mr.
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REGULAR MEETING SEPTEMBER 6. 1988
Leszczynski, seconded by Mrs. DeClercq and carried, the request
was referred to the appropriate Departments and bureaus for a
determination of whether or not the City need retain the
property.
APPROVE REQUEST TO CLOSE 30
BLOCK PARTY -
NORTH TAYLOR STREET FOR
L Iell oo
Mr. Leszczynski advised that the Bureau of Traffic and Lighting
and the Police Department Traffic Division have reviewed the
above referred to request submitted to the Board on August 29,
1988 and recommend approval. It was noted that the original
request submitted to the Board requested that the street be
closed on September 17, 1988. However, the Petitioner has
revised that request and now asks that the street be closed on
September 24, 1988. Therefore, upon a motion made by Mrs.
DeClercq, seconded by Ms. Humphreys and carried, the
recommendation was accepted and the request approved.
ST OF FIRST CHRISTIAN CHURCH TO CONDUCT
Mr. Leszczynski advised that the appropriate City departments and
bureaus have reviewed this request which was submitted to the
Board on August 29, 1988 and recommend approval. It was noted
that all participants must stay on the sidewalks and obey all
traffic signals. Therefore, upon a motion made by Mrs. DeClercq,
seconded by Ms. Humphreys and carried, the recommendation was
accepted and the request approved.
APPROVE REQUEST OF TEMPLE BETH-EL TO ALLOW PARKING ON BOTH SIDES
OF MADISON STREET IN CONJUNCTION WITH HOLY DAY SERVICES -
SEPTEMBER 11-12 AND 20-21, 1988
Mr. Leszczynski advised that the Bureau of Traffic and Lighting
and the Police Department Traffic Division have reviewed the
above referred to request submitted to the Board on August 29,
1988 and recommend approval. Upon a motion made by Mrs.
DeClercq, seconded by Ms. Humphreys and carried, the
recommendation was accepted and the request approved.
APPROVE REQUEST TO CLOSE SECTION OF ABERDEEN DRIVE FOR BLOCK
PARTY - SEPTEMBER 11, 1988
Mr. Leszczynski advised that the Bureau of Traffic and Lighting
and the Police Department Traffic Division have reviewed a
request submitted by Mr. James Barcome, 6003 Aberdeen Drive,
South Bend, Indiana, to close a portion of Aberdeen Drive for a
block party on September 11, 1988 from 1:00 p.m. to 6:00 p.m.
and recommend approval. Therefore, upon a motion made by Mrs.
DeClercq, seconded by Ms. Humphreys and carried, the recommenda-
tion was accepted and the request approved.
APPROVE REQUEST TO CLOSE GARDEN LANE, FROM SAMPLE STREET TO
DOGWOOD, FOR NEIGHBORHOOD BLOCK PARTY - SEPTEMBER 11, 1988
Mr. Leszczynski advised that the Bureau of Traffic and Lighting
and the Police Department Traffic Division have reviewed the
above referred to request submitted to the Board on August 29,
1988 and recommend approval. Therefore, upon a motion made by
Mrs. DeClercq, seconded by Ms. Humphreys and carried, the
recommendation was accepted and the request approved.
FILING
APPLICATIONS FOR BIDDE
IFICATION
Upon a motion made by Mr. Leszczynski,
and carried, the following applications
certification were accepted for filing
CERTIFICATION
seconded by Mrs. DeClercq
for bidder qualification/
and referred to the
REGULAR MEETING
SEPTEMBER 6, 1988
Affirmative Action Review Committee for review and recommenda-
tion:
1. Pence -Dickens & Heeter, Inc.
1906 East McKinley
Mishawaka, Indiana 46545
APPROVE LICENSE APPLICATION - RUBBISH AND GARBAGE
Mr. Leszczynski advised that submitted to the Board for approval
is a Rubbish and Garbage Removal license application submitted by
B.F.I. of Indiana, Inc., 1750 West Lusher, Elkhart, Indiana. It
was noted that the application has been reviewed by Mrs. Patricia
E. DeClercq, Director, Department of Code Enforcement, and
approval is recommended. It was further noted that inspections
of the trucks to be used had been conducted by the Solid Waste
Bureau and the applicant was found to be in compliance.
Therefore, upon a motion made by Mrs. DeClercq, seconded by Ms.
Humphreys and carried, the application as submitted was approved
and referred to the Deputy Controller's office for issuance of a
license.
APPROVE TRAFFIC CONTROL DEVICES
Upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys
and carried, the following three (3) traffic control devices were
approved:
1. NEW INSTALLATION, HANDICAP - 1022 E. Wayne. (Maxine
Weaver, Paraplegia).
2. NEW INSTALLATION, STOP SIGN, UNCONTROLLED "T" -
Vernon & Randolph.
3. NEW INSTALLATION, NO PARKING - Kenwood at Bendix,
North side of Kenwood.
APPROVE AND/OR RELEASE CONTRACTORS BONDS
Mr. Melvin Humphrey, Engineering Department, recommended that the
following Contractors Bonds be approved and/or released effective
September 6, 1988:
- General Design Construction, Inc. Approve
- C.E. Stafford Construction, Inc. Release
- Bullock Garages of Mishawaka Release
Therefore, upon a motion made by Mrs. DeClercq, seconded by Mr.
Leszczynski and carried, the recommendation was accepted and the
bonds approved and/or released as indicated above.
FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORT
A report from the Department of Code Enforcement indicating a
total of sixty-nine (69) properties cleaned during the period
August 16, 1988 to August 31, 1988 was submitted. Upon a motion
made by Mrs. DeClercq, seconded by Mr. Leszczynski and carried,
the report as submitted was filed.
FILING OF STREET LIGHT OUTAGE REPORT (MARCH -AUGUST, 1988)
Mr. Leszczynski advised that submitted to the Board for filing
are street light reports for the months of March through August,
1988 indicating the number of repairs and the average number of
days for repairs. It was noted that an average of one hundred
(100) outages are reported per month. Upon a motion made by Mr.
Leszczynski, seconded by Mrs. DeClercq and carried, the reports
as submitted were accepted and filed.
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REGULAR MEETING
SEPTEMBER 6, 1988
FILING OF CERTIFICATE OF INSURANCE
Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq
and carried, the Certificate of Insurance for Casteel
Construction Corporation, P.O. Box 628, South Bend, Indiana, was
accepted and filed.
APPROVE CLAIMS
Mr. Juan Manigault, Executive Director, St. Joseph County Job
Training Program, submitted two (2) lists containing one hundred
twenty-two (122) claims and recommended approval. Additionally,
Chief Deputy Controller John D. Leisenring, submitted. Claim
Docket No. 12949 through Claim Docket No. 13086 and recommended
approval. Upon a motion made by Ms. Humphreys, seconded by Mrs.
DeClercq and carried, the claims 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 9:47 a.m.
ATTEST:
Sandra M. Parmerlee, Clerk
Patricia E. DeClercq
reys