REGULAR MEETING OF THE MISHAWAKA

BOARD OF PUBLIC WORKS AND SAFETY/UTILITY BOARD

April 21, 2009

 

 

A 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 April 14, 2009, and accept them as circulated.  Mr. Watson seconded; motion carried.

 

Bid Openings:

There were no bid openings.

 

Mayor’s Comments:

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

 

Department Head Reports:

Building Commissioner Brock Hundt updated the Board on recent business openings:  Red Robin, Maurice’s relocation, Ironwood Martin’s new Side Door Deli and bakery area in old CVS space, Hibschman and Jones on Grape Road, Mike’s Car Wash in Heritage Square. 

 

As a side note to the above, Mayor Rea said he had spoken with the Mike’s Car Wash folks and they were very complimentary of staff in various City departments they dealt with during the planning, building, and opening of their new location.

 

Park Superintendent Mike Faulkner submitted requests for tree and stump removal at:  715 W. Marion Street; 2513 Delaware; and 127 W. Lawrence Street.  The Park Department landscaper has analyzed these trees and recommended their approval.  Mr. Watson moved for the Board’s approval to remove the trees and stumps at the above listed addresses.  Mr. Prince seconded; motion carried.

 

City Controller Yvonne Milligan presented an agreement with The SpyGlass Group to analyze primary telecommunications service accounts, to seek cost recovery, service elimination and cost reduction recommendations.  The cost to the City is $0, compensation is a percentage of recovered fees, and requests City Controller be designated as signatory.  Mr. Watson moved to approve the agreement with The SpyGlass Group and designate the City Controller as signatory.  Mr. Prince seconded; motion carried.

 

Community Development Director Lory Timmer requested the Board’s approval to receive quotes for the demolition and clearance of 619 E. Third Street with quotes to be opened on Tuesday, May 5, 2009.  Removal of the drive approach and grading and seeding will be alternates.  Mr. Prince moved to approve.  Mr. Watson seconded; motion carried.

 

City Planner Ken Prince presented a professional service agreement from Site Scapes, Inc. for construction documents for the demolition of the former Park Office building and expansion of the parking lot at Kate’s Garden for the not-to-exceed amount of $13,200.00 plus reimbursable expenses and moved for the Board’s approval.  Mr. Watson seconded; motion carried.

 

Mr. Prince moved for the Board’s approval of construction plans for the multi-purpose trail in Merrifield Park, for the project “Merrifield Park Connector”, INDOT Project No. 0800(046).  Mr. Watson seconded; motion carried.

 

City Engineer Gary West moved to approve plans and authorize receipt for bids to be opened on Tuesday, May 12, 2009, for Holy Cross Parkway lift station force main, Phase IID (Frank Park to Pregel Drive).  Permits were received from IDEM on April 20, 2009.  Mr. Watson seconded; motion carried.

 

Mr. West presented Change Order No. 4 from C & E Excavating, Inc., for Milburn Sewer Improvements, Division A, Lincolnway West and Alabama Street outfall for an increase of $123,825.94, making the new not-to-exceed contract amount of $2,439,535.53 and moved for the Board’s approval.  Mr. Prince seconded; motion carried.

 

Mr. West presented Change Order No. 1 from Brooks Construction Company for Main Street Improvements, Phase V, McKinley to Ardennes, for an increase of $79,327.94, making the new not-to-exceed contract amount of $1,344,587.94 and moved for the Board’s approval.  Mr. Watson seconded; motion carried.

 

Mr. West requested the Board’s approval of a change in Plat and renaming of a subdivision in the Town of Osceola from “Villas at Vistula Landing” to “River Wood Landing”.  They were originally going to have public streets; that concept has now changed and they are replatting into several major lots instead of many lots.  The plat will grant the City a 35’ wide easement in order to maintain our sewer, and moved for the Board’s 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:

 

#900114       $  416,280.27

#900116       $2,503,943.99

#900117       $    11,368.19

#900118       $  721,639.63

#900120       $  823,743.66

#900121       $  434,751.12

#900122       $  254,066.34

#900123       $  864,401.03

#900124       $      1,180.40

#900125       ($  2,065.25)  void Direct Deposit

#900126       $  171,542.75

#900127       $5,954,768.15

 

NOTE ONLY:

#900115       Park Docket

#900119       Park Docket

 

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

 

New Business:

A request for a disabled parking space has been received from the resident at 121 S. Cedar Street and has been reviewed by the Mishawaka Police Department’s Traffic Bureau.  Upon their review, the Police Department recommends that this application be approved and designate a parking space at the northwest corner of Third and Cedar.  Mr. West moved for the placement of a disabled parking space at the northwest of Third and Cedar for the resident at 121 S. Cedar Street.  Mr. Watson seconded; motion carried.

 

Old Business:

A request for an Exception to the Noise Control Ordinance was received from “Little Jimmy’s Ice Cream” to operate a truck in Mishawaka for the remainder of the ice cream season or until about October 20, 2009.  Mr. Prince moved to approve Board Resolution 2009-04 for the hours of 10:00 a.m. to 9:00 p.m. and other conditions as specified in the Resolution.  Mr. Watson seconded; motion carried. 

 

Public Comments:

There were no public comments.

 

Unfinished Business:

There being no additional business brought before the Board, the meeting was adjourned at 10:26 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. 2009-04

 

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 April 21, 2009 for Little Jimmy’s Ice Cream Mishawaka, 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