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.
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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,
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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.
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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
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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
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Carl P. Littrell, Member
ames R. Cal e , Member
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Catherine Roemer, Me ber
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