REGULAR MEETING OF THE MISHAWAKA

BOARD OF PUBLIC WORKS AND SAFETY/UTILITY BOARD

June 2, 2009

 

 

The regular meeting of the Board of Public Works and Safety/Utility Board was called to order by President Gary West at 10:04 a.m.  All members were present.  Mr. Prince moved to dispense with the reading of the minutes of May 26, 2009, and accept them as circulated.  Mr. Watson seconded; motion carried.

 

Bid Openings:

Bids were opened for Front Street Trunk Sewer and Tail Works to River Crossing No. 2, City Project ENT 09-009.  The Engineer’s estimate for the work is $1,002,428.54.

 

CONTRACTOR                                                           BASE BID

Selge Construction, Inc.                                    $679,664.00

C & E Excavating, Inc.                                      $664,312.00

HRP Construction, Inc.                                      $594,000.00

R & R Excavating, Inc.                                      $697,490.80

H & G Underground Services                    $556,171.55

 

Mr. West indicated that these bids would be taken under advisement for review and recommendation by the City’s consultant and Engineering Department.

 

Mayor Comments:

Mayor Rea announced that a brief staff meeting would follow today’s Board meeting.

 

Department Head Reports:

Building Commissioner Brock Hundt presented the Building Department statistics for the month of May, 2009.  Mr. Hundt said permits for three new homes were issued in May for a total of five this year. 

 

Park Superintendent Mike Faulkner submitted a request for tree and stump removal at 735 North Mason Street.  The Park Department landscaper has analyzed the tree and recommended its approval.  Mr. Watson moved for the Board’s approval to remove the tree and stump at 735 North Mason Street.  Mr. Prince seconded; motion carried.

 

Mr. Faulkner also reminded everyone that the concert series starts this week at Beutter Park and Eberhart Golf Course.

 

Street Commissioner Mike Watson recommended the Board award the Enhanced Salt contract to Cargill Inc. for $73.65 per ton.  Mr. Watson said they anticipate using approximately 3,500 tons in the next season and moved to approve.  Mr. Prince seconded; motion carried.

 

City Engineer Gary West moved to approve Board of Public Works and Safety Resolution

2009-05 authorizing the City’s representative to proceed with the process of Eminent Domain to acquire 101 E. McKinley and 108 W. McKinley.  Mr. Prince seconded; motion carried.

 

Mr. West requested the Board to approve construction plans for the Holy Cross Lift Station, Phase IB, building and pumps and moved for their approval and authorizes receipt of bids to be opened on June 23, 2009.  Mr. Watson seconded; motion carried.

 

Mr. West requested the Board to accept sanitary sewer, lift station and force main in the Northbridge Subdivision to establish the date for the Maintenance Bond and moved for its approval.  Mr. Prince seconded; motion carried.

 

Mr. West recommended the Board extend the 2008 Curb and Sidewalk unit prices that were received last year from L. L. Geans Construction Company for the 2009 construction season in accordance with Indiana Code 5-22-17-4 and moved for approval of same.  Mr. Watson seconded; motion carried. 

 

Mr. West presented no cost Change Order No. 1 with Midland Engineering Company for the roof on Fire Station #4, 2319 Lincolnway East, for an extension of 166 days to the contract time to achieve a substantial completion date of May 4, 2009 and moved for its approval.  Mr. Prince seconded; motion carried.

 

Mr. West presented Supplemental Agreement No. 4 with DLZ Corporation for the components of the Holy Cross Parkway Design.  The not-to-exceed amount of the agreement remains unchanged at $302,100.00.  Mr. West moved for its approval.  Mr. Watson seconded; motion carried.

 

Approval of Claims:

City Controller Yvonne Milligan requested payment approval of claims for Utilities and Civil City as listed below:

 

#900154                 $     4,082.00

#900155                 $    29,280.00

#900156                 $      4,871.46

#900158                 $    73,390.06

#900159                 $    67,720.68

#900160                 $  130,881.39

#900161                 $  585,760.88

#900162                 $    98,760.86

#900164                 $    96,065.12

#900165                 $1,109,394.41

#900166                 $      4,289.14

#900167                 $   413,762.96

#900168                 $     92,413.27

#900169                 $          900.38

 

NOTE ONLY:

#900157                 Park Docket

#900163                 Park Docket            

 

Mr. Prince moved to approve the aforementioned claims.  Mr. Watson seconded; motion carried.

 

New Business:

A request from Queen of Peace Catholic Church and School to host a three-day Parish Festival on Friday August 21 thru Sunday August 23.  The festival will be open to the public and have various activities inside the church as well as outside in a tent.  All activities will take place in their parking lot or adjacent to it, two tents will be erected, and will provide portable restrooms.  Police Chief Witkowski said proper permits must be obtained if alcohol is to be served.  Mr. Prince moved to approve the Queen of Peace Catholic Church and School’s request to hold a three-day Parish Festival August 21, 2009 thru August 23, 2009.  Mr. Watson seconded; motion carried.

 

A request for an Exception to the Noise Control Ordinance was received from Hickey’s Shaved Ice (Kona Ice) to operate a truck in Mishawaka for the remainder of the ice cream season or until about October 20, 2009.  Mr. Watson moved to approve Board Resolution 2009-06 for the hours of 10:00 a.m. to 9:00 p.m. and other conditions as specified in the Resolution.  Mr. Prince seconded; motion carried.

 

A request from Mr. Paul Gurson of Yakety-Yak Café to block Center Street between Fourth Street and the alley to the south for a “Summer Bash 2009 Street Party” at 701 W. Fourth Street on Saturday, June 27, 2009 between the hours of 2:00 pm and 10:00 pm was taken under advisement.

 

Old Business:

Mr. West presented Change Order No. 4 from Kaser-Spraker Construction, Inc. for the extension of 65 days for Battell Center Improvements to February 18, 2009 as the substantial completion date.  Mr. Prince moved to approve the no-cost Change Order No. 4 from Kaser-Spraker Construction, Inc.  Mr. Watson seconded; motion carried.

 

A request to close Anchor Court from Anchor Drive to Sail Drive on July 3, 2009 from 6:00 p.m. to 12:00 a.m. for a neighborhood block party.  Mr. Watson moved to approve the request to close Anchor Court from Anchor Drive to Sail Drive on July 3, 2009 from 6:00 p.m. to 10:00 p.m. for a neighborhood block party.  Mr. Prince seconded; motion carried.

 

A request to close the 1200 block of East Third Street between Mason and Campbell on Saturday July 4, 2009 from 1:00 p.m. to 10:00 p.m. for a block party was continued under advisement.

 

Public Comments:

There were no public comments.

 

Unfinished Business:

There being no additional business brought before the Board, the meeting was adjourned at 10:38 a.m.

 

 

Gary West – President of the Board of

Public Works and Safety/Utility Board

 

Kari Myers, Clerk of the Board of

Public Works and Safety/Utility Board

 

 

 

 

 

 



RESOLUTION NO. 2009-06

 

A RESOLUTION OF

THE BOARD OF PUBLIC WORKS AND SAFETY OF THE

CITY OF MISHAWAKA, INDIANA

GRANTING AN EXCEPTION TO THE NOISE CONTROL ORDINANCE

 

            WHEREAS, Section 30-109 of the Municipal Code of the City of Mishawaka, Indiana, otherwise known as the Noise Control Ordinance, authorizes the Board of Public Works and Safety to issue special exceptions to its provisions and define procedures to be followed, and

 

WHEREAS, the current Ordinance by its provisions prohibits all commercial entities from playing amplified music on city streets, and

 

WHEREAS, certain ice-cream vendors have requested an exception to the provisions in the Noise Control Ordinance;

 

NOW THEREFORE BE IT RESOLVED THAT:

 

Section 1.        Between the hours of 10:00 AM and 9:00 PM, a clearly-marked food vending vehicle, equipped with signal or warning lamps and a signal arm cautioning passers-by, may utilize one (1) loudspeaker or other noise-making device while in motion along city streets. The device must not be capable of emitting sound at a level higher than one hundred (100) decibels, measured at any distance from the device. Such maximum volume must be proven by the vendor requesting such an exception. When the vehicle is stopped in a residential neighborhood, the sound-emitting device must be turned off until the vehicle is in motion again. No noise-making device may be used within 1000 feet of any school during a time when school is in session or a city function when food vendors have contracted to sell food, dates and times to be provided. This permit shall be carried in each vehicle at all times while operating within the city limits of Mishawaka. 

 

Section 2.        The special exception permit will expire on December 31 of each year.

 

APPROVED AND ADOPTED on June 2, 2009 for Hickey’s Shaved Ice (Kona Ice) Osceola, Indiana.

 

            BOARD OF PUBLIC WORKS AND SAFETY, Mishawaka, Indiana

 

            _________________________________

Gary E. West, President

 

__________________________________

Ronald E. Watson, Vice President

 

__________________________________

Kenneth B. Prince, Member

 

ATTEST:        

____________________________________

Kari Myers, Clerk of the Board