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HomeMy WebLinkAbout09/02/97 Board of Public Works Minutes365 REGULAR MEETING SEPTEMBER 2, 1997 The regular meeting of the Board of Public Works was convened at 9:32 a.m. on Tuesday, September 2, 1997, by Board Member James R. Caldwell, with Mr. Carl P. Littrell and Ms. M. Catherine Roemer present. Also present was Board Attorney Michelle Engel. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Caldwell, seconded by Ms. Roemer and carried, the minutes of the regular meeting of the Board held on August 25, 1997, were approved. APPROVE CHANGE ORDER - BROADWAY - REMOVAL OF ST. JOSEPH AND CARROLL STREETS - PROJECT NO. 97-33-1 Mr. Caldwell advised that Mr. Toy Villa, Public Construction Manager, has submitted Change Order No. 2, on behalf of Kaser Spraker Construction, Inc., 25487 West State Road 2, South Bend, Indiana, indicating that the Contract amount be increased $2,000.00 for a new Contract sum including this Change Order in the amount of $67,144.00. Upon a motion made by Ms. Roemer, seconded by Mr. Littrell and carried, the Change Order was approved. APPROVE CHANGE ORDER - BROADWAY - REMOVAL OF_ST. JOSEPH AND CARROLL STREETS - PROJECT NO. 97-33-1 Mr. Caldwell advised that Mr. Toy Villa, Public Construction Manager, has submitted the final Change Order for the above referred to project, on behalf of Kaser Spraker Construction, 25487 West State Road 2, South Bend, Indiana indicating that the Contract amount be decreased $409.00 for a new Contract sum including this Change Order in the amount of $66,735.00. Upon a motion made by Ms. Roemer, seconded by Mr. Littrell and carried, the Change Order was approved. APPROVE COMMUNITY DEVELOPMENT CONTRACTS AND ADDENDA The following Community Development Contracts were presented to the Board for approval: Center City Associates $117,000.00 Rehab the exterior of the Center City Associates building at 122 South Michigan Housing Development Addendum I - Increases the R.E.W.A.R.D. Program Corporation budgeted Amount by $45,000.00 Housing Development Addendum II - Reduces the Lease/Purchase Corporation budgeted amount by $45,000.00 Housing Development $24,186.41 Leasehold Mortgage and Corporation Security Agreement - 628. Rush Street Upon a motion made by Ms. Roemer, seconded by Mr. Littrell, the contract for Center City Associates was approved. Upon a motion made by Mr. Littrell, seconded by Mr. Caldwell and carried, the remainder of the Contract and Addenda were approved. APPROVAL OF REQUEST TO REJECT BID - SALE OF ONE (1) 1980 JET RODDER In a letter to the Board, Mr. Matthew Chlebowski, Equipment Services, requested permission to reject the bid received from Northern Equipment Co., Inc., 16465 W. Lincoln Highway, Plymouth, Indiana, as it did not meet the $15,000 minimum bid requirement. Upon a motion made by Ms. Roemer, seconded by Mr. Littrell and carried, the request was approved. 366 REGULAR MEETING SEPTEMBER 2, 1997 APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - 1997 CONCRETE PAVEMENT IMPROVEMENTS - PROJECT NO. 97-53 In a memorandum to the Board, Mr. Carl P. Littrell, Division of Engineering, requested permission to advertise for the receipt of bids for the above referred to project. Mr. Littrell stated that this project will construct improvements to streets paved with concrete, including pavement removal and excavation, pavement replacement, curbs, walks and other appurtenant work. Funding will come from the Local Road and Streets Account. Therefore, upon a motion made by Mr. Caldwell, seconded by Mr. Littrell and carried, the request to advertise for the receipt of bids was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - NIMTZ PARKWAYIINDIANA TOLL ROAD INTERCHANGE - ASPHALT PAVING - PHASE III - PROJECT NO. 95-18-5 In a memorandum to the Board, Mr. Carl P. Littrell, Division of Engineering, requested permission to advertise for the receipt of bids for the above referred to project. Mr. Littrell stated that this project will construct asphalt pavements in conjunction with the above interchange project. There is a sufficient balance in a grant from the InDOT Transportation Finance Authority to cover the expected cost of this work. Therefore, upon a motion made by Mr. Caldwell, seconded by Mr. Littrell and carried, the request to advertise for the receipt of bids was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - NIMTZ PARKWAYANDIANA TOLL ROAD INTERCHANGE - TRAFFIC SIGNALS - PHASE IV - PROJECT NO. 95-18-4 In a memorandum to the Board, Mr. Carl P. Littrell, Division of Engineering, requested permission to advertise for the receipt of bids for the above referred to project. Mr. Littrell stated that this project will construct a new traffic signal at the east side of the above interchange project. There is sufficient balance in a grant from the InDOT Transportation Finance Authority to cover the expected cost of this work. Therefore, upon a motion made by Mr. Littrell, seconded by Mr. Caldwell and carried, the request to advertise for the receipt of bids was approved. APPROVAL OF RECOMMENDATION - TO CONDUCT PARADE - RILEY HIGH SCHOOL Mr. Caldwell stated that favorable recommendations have been received by the Division of Engineering, Park Department, Police Department and the City Attorney's office, in reference to a request as submitted by Mr. Anthony Byrd, Riley High School, 405 East Ewing, South Bend, Indiana to conduct the above referred to parade, on Friday, September 26, 1997, beginning at 5:30 p.m., on the designated route as submitted. Upon a motion made by Mr. Roemer, seconded by Mr. Littrell and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION - TO CONDUCT C H E E T A IOK WALK-A-THON Mr. Caldwell stated that favorable recommendations have been received by the Division of Engineering, Park Department, Police Department and the City Attorney's office, in reference to a request as submitted by Ms. Janice Hildabridle, 5002 Cedarwood Lane, South Bend, Indiana to conduct the above referred to walk, on Sunday, September 28, 1997, from 12:30 p.m. until 3:30 p.m., on the designated route as submitted. Upon a motion made by Ms. Roemer, seconded by Mr. Littrell and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION - TO CONDUCT BLOCK PARTY Mr. Caldwell stated that favorable recommendations have been received by the Division of Engineering, Police Department and the City Attorney's office, in reference to a request as submitted by Ms. Barb Brugh, 152 East Tasher, South Bend, Indiana to conduct the above referred to block party, on Saturday, September 6, 1997, from 12:00 p.m. until 8:00 p.m. Upon a motion made by Mr. Roemer, seconded by Mr. Littrell and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION - TO ENCROACH ONTO PUBLIC RIGHT-OF-WAY Mr. Caldwell stated that favorable recommendations have been received by the Division of Engineering, Police Department and the City Attorney's office, in reference to a request as submitted by Mr. Eugene Downhoup, Green Township Lions Club, 23640 State Road 23, South Bend, Indiana to transport a wedding party from the church to the Century Center, on Saturday, August 30, 1997, 1 367 REGULAR MEETING SEPTEMBER 2, 1997 from 5:15 p.m. until 7:00 p.m., on the designated route as submitted. Upon a motion made by Mr. Caldwell, seconded by Ms. Roemer and carried, the recommendation was approved. ADOPT RESOLUTION NO. 71-1997 - DISPOSAL OF CITY -OWNED PROPERTY Upon a motion made by Mr. Littrell, seconded by Mr. Roemer and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 71-1997 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND/OR OBSOLETE PROPERTY WHEREAS, it has been determined by the Board of Public Works that the following property is unfit for the purpose for which it was intended and is no longer needed by the City of South Bend: SEVERAL HUNDRED TELEPHONES AND RELATED SYSTEM HARDWARE WHEREAS, Indiana Code 36-1-11-6(c) permits and establishes procedure for disposal of personal property which is unfit for the purpose for which it was intended and which is no longer needed by the City. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that the items listed above are no longer needed by the City; are unfit for the purpose for which they were intended and have an estimated value of less than five thousand dollars ($5,000.00). BE IT FURTHER RESOLVED, that said equipment may be transferred or sold at public auction or private sale, without advertising. However, if the property is deemed worthless, such may be demolished or junked. ADOPTED this 2nd day of September, 1997. BOARD OF PUBLIC WORKS CITY OF SOUTH BEND, INDIANA s/Carl P. Littrell, Member s/James R. Caldwell, Member s/M. Catherine Roemer, Member ATTEST: s/Angela K. Jacob, Clerk ADOPT RESOLUTION NO. 72-1997 - INTENT TO LEASE THE PROPERTY AT 609 WEST INDIANA STREET, SOUTH BEND INDIANA, FOR USE AS A NEIGHBORHOOD PARTNERSHIP CENTER Upon a motion made by Ms. Roemer, seconded by Mr. Littrell and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 72-1997 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, DECLARING ITS INTENT TO LEASE THE PROPERTY AT 609 W. INDIANA STREET, SOUTH BEND, INDIANA, FOR USE AS A NEIGHBORHOOD PARTNERSHIP CENTER WHEREAS, the City of South Bend is desirous of establishing several Neighborhood Partnership Centers in order to build stronger neighborhoods by bringing municipal and community services directly to the neighborhoods; and WHEREAS, the property at 609 W. Indiana Street, South Bend, Indiana, has been selected as a site for a Neighborhood Partnership Center; and REGULAR MEETING SEPTEMBER 2. 1997 WHEREAS, the property to be leased at 609 W. Indiana Street, South Bend, Indiana, contains approximately two thousand five hundred ten (2,510) square feet, an area sufficient to accommodate the activities for which the Neighborhood Partnership Center is intended; and WHEREAS; the Board of Public Works of the- City of South Bend, Indiana, on August 27, 1997, received a petition ("Petition") signed by at least fifty (50) taxpayers of the City of South Bend, requesting that the Board lease the premises at 609 W. Indiana Street, South Bend, Indiana, for a term of one year, with a one year option to renew upon the City's option with a rental not to exceed Five Thousand Four Hundred Dollars ($5,400.00) in the term and Five Thousand Four Hundred Dollars ($5,400.00) in the option term if the option to renew for the second term is exercised by the City; and WHEREAS, the Board also received, on August 27, 1997, a certificate of the St. Joseph County Auditor, certifying that the verifier of the Petition and at least fifty (50) of the signatories of the Petition are taxpayers of property located within the corporate limits of the City of South Bend; and WHEREAS, the Board also received, on August 27, 1997, a proposed lease agreement ("Proposed Lease") concerning the lease of the premises as petitioned; and WHEREAS, I.C. 36-1-10-7(2) requires, that prior to the Board's entering into a lease agreement for said premises, that the South Bend Common Council, after investigation, determined that the lease of the premises is needed. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend, Indiana, as follows: 1) That the Board of Public Works of the City of South Bend, Indiana, hereby expresses its desire and intent to lease the premises at 609 W. Indiana Street, South Bend, Indiana, for its use as a Neighborhood Partnership Center. 2) That the Petition, as certified by the St. Joseph County Auditor and submitted to the Board on August 27, 1997, is hereby accepted for filing and made available for public inspection. 3) That the lease of the premises shall be for a term of one (1) year, with a one (1) year option to renew exercisable by the City, and with a rental not to exceed Five Thousand Four Hundred Dollars ($5,400.00) in the first term and Five Thousand Four Hundred Dollars ($5,400.00) in the second term if the option to renew is exercised by the City. 4) That Paul M. Dillon and Phyllis M. Dillon are entitled to receive a tax exemption for the leased portion of the premises pursuant to I.C. 36-1-10. 5) That the Proposed Lease for the premises submitted to the Board on August 27, 1997, is hereby accepted for filing and made available for public inspection. 6) That the Board directs and authorizes that a Resolution be filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, a form of Resolution to establish, after investigation and consideration, its determination that the lease of the premises described herein is needed. 7) That a public hearing on the proposed lease is hereby set for September 22, 1997, at 9:30 a.m. in the City of South Bend Meeting Room, 1308 County -City Building, South Bend, Indiana, 46601, at which hearing all persons desiring to be heard will be given the opportunity to address whether the Proposed Lease is necessary and whether the proposed rental is fair and reasonable. 1 1 LJ REGULAR MEETING SEPTEMBER 2, 1997 8) That this Resolution will be in full force and effect from and after its passage by the Board. Adopted this 2nd day of September, 1997. CITY OF SOUTH BEND, BOARD OF PUBLIC WORKS s/James R. Caldwell, Member s/Carl P. Littrell, Member s/M. Catherine Roemer, Member ATTEST: s/Angela K. Jacob, Clerk APPROVE CONSENT TO ANNEXATION AND WAIVER OF RIGHTS TO REMONSTRATE Mr. Caldwell stated that the Board is in receipt of a Consent to Annexation and Waiver of Right to Remonstrate as submitted by Chester and Benita Rybicki, 18200 Cleveland Road, South Bend, Indiana. The Consent indicates that in consideration for permission to tap into the public sanitary sewer system of the City, to provide sanitary sewer service to 18200 Cleveland Road, South Bend, Indiana, (Key # 02-1020-044631), the Rybicki's waive and release any and all right to remonstrate against or oppose any pending or future annexation of the property by the City of South Bend. Therefore, Mr. Littrell made a motion that the Consent be approved. Ms. Roemer seconded the motion which carried. APPROVAL OF DEEDS OF DEDICATION Upon a motion made by Mr. Caldwell, seconded by Ms. Roemer and carried, the following Deeds of Dedication were approved: Name Address/Key Number Purpose First Indiana Bank 18-8154-5542/2732 Locust Sewer Improvements Road Charles and Barbara Van 18-8153-5531/2915 Locust Sewer Improvements Vynckt Road Charles and Barbara Van 18-8153-5532/2915 Locust Sewer Improvements Vynckt Road Karen Galvas 18-8153-5526/2717 Locust Sewer Improvements Road Rex and Caroline Moore 18-8153-5533/2927 Locust Sewer Improvements Road APPROVAL OF HOLD HARMLESS LETTER - IRONWOOD DRIVE WIDENING PROJECT - JOB TRAILER Upon a motion made by Mr. Littrell, seconded by Mr. Caldwell and carried, a Hold Harmless Letter for use of City property for a job trailer for the above referred to project was approved. Mr. Caldwell stated that Small, Inc., 25190 State Road 4, North Liberty, Indiana, will use the City of South Bend's property at the northwest corner of Ironwood and Inwood for the placement of the project engineer's field office trailer. APPROVE TITLE SHEETS - OLIVE ROAD COMMERCE PARK - PROJECT NO 96-17 - NIMTZ PARKWAY/INDIANA TOLL ROAD INTERCHANGE - ASPHALT PAVING - PHASE III - PROJECT NO. 95-18-5 370 REGULAR MEETING SEPTEMBER 2, 1997 - NIMTZ PARKWAYANDIANA TOLL ROAD INTERCHANGE - TRAFFIC SIGNALS - PHASE IV - PROJECT NO. 95-18-4 Mr. Caldwell advised that the Title Sheets for the above referred to projects were being presented at this time for execution. Upon a motion made by Mr. Caldwell, seconded by Ms. Roemer and carried, the above referred to Title Sheets were approved and signed. APPROVE CONTRACTOR AND EXCAVATION BONDS Mr. Larry D. Spradlin, Sr., Engineer, Division of Engineering, recommended that the following Contractors and Excavation Bonds be approved as follows: BOND OF CONTRACTOR Daryl Reid dba Ried Construction Jerry Zock EXCAVATION BONDS Jerry Zock Approved Retroactive to August 22, 1997 Approved Retroactive to August 22, 1997 Approved Retroactive, to August 22,1997 Mr. Littrell made a motion that the recommendation be accepted and that the Bonds be approved as outlined above. Ms. Roemer seconded the motion which carried. APPROVE CLAIMS Ms. M. Catherine Roemer, City Controller, submitted claims in the amount of $1,0.10,650.53, dated September 2, 1997, and recommended approval. Ms. Roemer made a motion that the claims be approved and the reports as submitted be filed. Mr. Littrell seconded the motion which carried. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Caldwell, seconded by Mr. Littrell and carried, the meeting adjourned at 9:43 a.m. TT T: Angela K. a ob, Clerk BOARD OF PUBLIC WORKS iJ \ Carl P. Littrell, Member ames R. Cal e , Member /d ctc;��� Catherine Roemer, Me ber 1 J