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HomeMy WebLinkAbout03/04/96 Board of Public Works MinutesREGULAR MEETING MARCH 4, 1996 The regular meeting of the Board of Public Works was convened at 9:34 a.m. on Monday, March 4, 1996, by Board President John E. Leszczynski, with Mr. Leszczynski, Mr. James R. Caldwell and Mrs. Jenny Pitts Manier present. Also present was Board Attorney Anne Bruneel. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mrs. Manier, seconded by Mr. Caldwell and carried, the minutes of the regular meeting of the Board held on February 26, 1996, were approved. OPENING OF BIDS - ONE (1) 1500 G.P.M. PUMPER - FIRE DEPARTMENT This was the date set for receiving and opening of sealed bids for the above referred to apparatus. The Clerk tendered proofs of publication of Notice in the South Bend Tribune and the Tri-County News which were found to be sufficient. The following bids were opened and publicly read: PIERCE MANUFACTURING INC 2600 American Drive Appleton, Wisconsin 54915 Bid was signed by Mr. Stephen M. Swails Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Ten per cent (10%) Bid Bond was submitted BID: $199,977.00 Upon a motion made by Mrs. Manier, seconded by Mr. Caldwell and carried, the above bid was referred to the Fire Department for review and recommendation. OPENING OF BIDS - SALE OF CITY -OWNED PROPERTY - 749 NORTH CLEVELAND AVENUE This was the date set for receiving and opening of sealed bids for the above referred to City -owned property. The Clerk tendered proofs of publication of Notice in the South Bend Tribune and the Tri- County News which were found to be sufficient. The following bids were opened and publicly read: DELLA JENKINS 747 North Cleveland South Bend, Indiana 46628 BID: $100.00 Upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the above bid was referred to the Legal Department for review and recommendation. APPROVAL OF AGREEMENT - CONSULTING SERVICES - MICHELLE RUSSELL Mr. Leszczynski stated that the Board is in receipt of an Agreement between the City of South Bend and Michelle Russell, 4178 North Clarey, Eugene, Oregon, for financial analysis, loan processing and related services. Mr. Leszczynski noted that the Agreement is in the amount of $16.82 per hour for services to be provided. Therefore, upon a motion made by Mr. Leszczynski, seconded by Mr. Caldwell and carried, the Agreement was approved and executed. APPROVAL OF AGREEMENT - MEDICAL SERVICES - ST. JOSEPH'S MEDICAL CENTER INC. Mr. Leszczynski stated that the Board is in receipt of an Agreement between the City of South Bend and St. Joseph's Medical Center, , 801 East LaSalle Avenue, South Bend, Indiana, for the City of South Bend's employee health and wellness, workers' compensation injury care, rehabilitation services, and 1 REGULAR MEETING MARCH 4. 1996 medical monitoring and surveillance and consultation. Mr. Leszczynski stated that the term of this Agreement shall be from February 1, 1996, to January 31, 1999. Therefore, upon a motion made by Mr. Leszczynski, seconded by Mr. Caldwell and carried, the Agreement was approved and executed. APPROVAL OF AMENDMENT TO AGREEMENT - PROFESSIONAL ENGINEERING SERVICES - LAWSON FISHER - CONTROL, INFORMATION AND COMMUNICATIONS - PHASE II - WWTP - PROJECT NO. 95-55 Mr. Leszczynski stated that the Board is in receipt of an Amendment to an Agreement between the City of South Bend and Lawson Fisher Associates, 525 West Washington, South Bend, Indiana, for professional engineering services in conjunction with the above referred to project. Mr. Leszczynski noted that the Amendment is in the amount of $124,048.00, for construction and inspection on the project. It is to be noted that the original sum of the Agreement, which was approved and executed on March 20, 1995, was $391,271.00. Therefore, upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the Amendment was approved and executed. APPROVE CHANGE ORDER - CENTURY CENTER REMODELING - PROJECT NO. 94-83 Mr. Leszczynski advised that Mr. Joseph Mathews, Mathews-Purucker-Anella, Inc., 218 South Frances Street, South Bend, Indiana, has submitted Change Order No. G-14, on behalf of Reinke Construction Company, 1216 West Sample Street, South Bend, Indiana indicating that the Contract amount be increased $9,006.00 for a new Contract sum including this Change Order in the amount of $2,389,225.55. Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the Change Order was approved. APPROVE CHANGE ORDERS -_REMOVAL OF UNDERGROUND FUEL STORAGE TANKS - PROJECT NO. 95-73 Mr. Leszczynski advised that Mr. Bob Allen, Public Construction Manager, has submitted the following Change Orders on behalf of Knapp Environmental, 12875 McKinley Highway, Mishawaka, Indiana, and recommended approval: Change Order Amount New Contract Sum Change Order #1 Increase $63,650.00 $102,925.00 Change Order #2 Increase $12,450.00 $110,500.00 Mr. Leszczynski noted that the Change Orders for the above referred to project involved the removal of contaminated soil by leaking underground storage tanks at the Municipal Services Facility. The initial contract amount was $39,275.00. Change Orders No. 1 and No. 2 would increase the contract amount by $63,650.00 and $12,450.00, respectively, for an amended contract amount of $110,500.00. The specifications for the project were based on the projection that there were 200 tons of contaminated soil. As the project progressed, it was discovered that there were in excess of 2,000 tons. The discovery of additional contaminated soils within the purview of what was intended by the unforeseeable circumstances exception to the 20% rule, as set by I.C. 36-1-12-18. A reasonable inquiry to the amount of contaminated soil to be removed at the Municipal Services Facility led the engineers to base the specifications on the removal of 200 tons of soil. There is no change in the actual scope or intent of the contract. The contractor was hired to remove the storage tanks and contaminated soil at MSF. These Change Orders contemplate only the completion of that original task. These Change Orders do not involve work outside of the MSF, nor does it involve any work unrelated to the removal of the underground storage tanks. The circumstances necessitating these Change Orders were reasonably unforeseen by the City of South Bend and its consultant. Since it will be cheaper and more efficient to proceed with this work with Change Orders to the Contractor as opposed to seeking additional bids, it is a permissible exception to I.C. 36-1-12-18. Therefore, upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the Change Orders were approved. 0 REGULAR MEETING MARCH 4, 1996 APPROVE CHANGE ORDER NO 1 (FINAL) AND PROJECT COMPLETION AFFIDAVIT - VACTOR DUMP SITE - WASTEWATER TREATMENT PLANT - PROJECT NO 95-103 Mr. Leszczynski advised that Mr. Robert Flores, Division of Environmental Services has submitted Change Order No. 1 (Final) on behalf of Kaser Spraker Construction, Inc., 25487 West State Road 2, South Bend, Indiana, indicating that the contract amount be increased by $1,565.00 for a new contract sum including this Change Order in the amount of $37,965.00. Additionally submitted was the Project Completion Affidavit indicating this new final cost. Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, Change Order No. 1 (Final) and the Project Completion Affidavit were approved. AWARD BID - 1996 CALCIUM CHLORIDE - STREET DEPARTMENT Mr. Sam Hensley, Street Commissioner, advised the Board that on December 4, 1995, bids were received and opened for the above referred to items. After reviewing those bids, Mr. Hensley recommends that the Board award the contract to the Levy Company, Post Office Box 540, Portage, Indiana, for the purchase and delivery of calcium chloride treated slag sand and salt blend, for their bid price of $24.30 per ton. Additionally, Mr. Hensley recommended that the Board accept the bid of Levy Company, for the purchase of 3/16 X O.C.C. - Calcium Chloride Treated Slag Sand for their price of $16.50 per ton. Therefore, Mr. Leszczynski made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mrs. Manier seconded the motion which carried. AWARD BID - TWENTY (20) POLICE PATROL VEHICLES Mr. Matthew Chlebowski, Director, Division of Equipment Services, advised the Board that on November 27, 1995, bids were received and opened for the above referred to vehicles. After reviewing those bids, Mr. Chlebowski recommends that the Board award the contract to Jordan Motors, Inc., 609 East Jefferson, Mishawaka, Indiana in the amount $384,000.00 for the twenty (20) vehicles. Therefore, Mr. Caldwell made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mr. Leszczynski seconded the motion which carried. AWARD BID - SALE OF ONE (1) 1988 G.M.C. HEAVY DUTY RESCUE UNIT Fire Chief Luther Taylor advised the Board that on February 26, 1996, bids were received and opened for sale of the above referred to apparatus. After reviewing those bids, Chief Taylor recommends that the Board award the bid to the Oronoko Charter Township Fire Department, 4583 East Snow Road, Berrien Springs, Michigan in the amount of $40,000.00. Chief Taylor stated that the Fire Department believes the $40,000.00 bid is a fair market value for the apparatus. Therefore, Mr. Caldwell made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mrs. Manier seconded the motion which carried. ADOPT RESOLUTION NO. 7-1996 - DISPOSAL OF CITY -OWNED PROPERTY Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO.7 - 1996 WHEREAS, the Board of Public Works of the City of South Bend, Indiana, has compiled a current detailed inventory of all real property owned by the City of South Bend; and WHEREAS, the Board of Public Works has reviewed said inventory of real property and it finds that a certain parcel of real estate now owned by the City of South Bend is not necessary to the public use and is not set aside by State and City laws for public purposes; and WHEREAS, the Board of Public Works finds that the property described below has an assessed valuation of less than $2,000.00, that the cost of maintaining said parcel equals or exceeds the estimated fair market value of the parcel, and that the highest and best use of the parcel is sale to an abutting landowner. WHEREAS, the Board of Public Works now wishes to take the necessary action to make it possible for the Board, in the future, to sell said parcel of real estate pursuant to State statutes. M REGULAR MEETING MARCH 4, 1996 NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend, Indiana: 1. That the parcel of real estate owned by the City contained in the following list is not necessary to the public use, is not set aside by State or City laws for public purposes, that the cost of maintaining said parcel equals or exceeds the estimated fair market value of said parcel and the highest and best use of said parcel is sale to an abutting landowner: ADDRESS 749 North Cleveland Key No. 18-1080-3346 Deed No. 1258 ADOPTED this 4th day of March, 1996. BOARD OF PUBLIC WORKS s/John E. Leszczynski, President s/James R. Caldwell, Member s/Jenny Pitts Manier, Member ATTEST: s/Angela K. Jacob, Clerk ADOPT RESOLUTION NO. 11-1996 - DISPOSAL OF CITY -OWNED PROPERTY Upon a motion made by Mr. Caldwell, seconded by Mr. Leszczynski and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 11-1996 WHEREAS, I.C. 36-9-6-1 gives the Board of Public Works of the City of South Bend the right and duty to have custody of, control of, use of, and dispose of in accordance with Indiana statutes, all real and personal property owned by the City of South Bend; and WHEREAS, the Common Council of the City of South Bend passed as amended on January 11, 1988, Ordinance No. 7847-88 which mandates the Board of Public Works of the City of South Bend to determine that the sidearm of a police officer who retires in good standing is surplus property and no longer useful to the City of South Bend; and WHEREAS, CORPORAL STANLEY KORABEK has retired from the South Bend Police Department after twenty (20) years of service and the Board of Public Safety of the City of South Bend has determined that he has retired in good standing; and WHEREAS, I.C. 36-1-11-6 permits and establishes procedure for disposal of personal property which is no longer needed by the City and which is unfit for the purpose for which it was intended; NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that sidearm Serial No. AD19851, a .40 caliber Sig -Sauer sidearm, is no longer needed by the City and is unfit for the purpose for which it was intended and has an estimated fair market value of less than Five Hundred Dollars ($500.00). BE IT FURTHER RESOLVED that said property be disposed of and removed from the City inventory. ADOPTED this 4th day of March,1996. a REGULAR MEETING MARCH 4. 1996 BOARD OF PUBLIC WORKS s/John E. Leszczynski, President s/James R. Caldwell, Member ATTEST: s/Angela K. Jacob, Clerk ADOPT RESOLUTION NO. 12-1996 - DISPOSAL OF CITY -OWNED PROPERTY Upon a motion made by Mr. Caldwell, seconded by Mr. Leszczynski and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 12-1996 WHEREAS, I.C. 36-9-6-1 gives the Board of Public Works of the City of South Bend the right and duty to have custody of, control of, use of, and dispose of in accordance with Indiana statutes, all real and personal property owned by the City of South Bend; and WHEREAS, the Common Council of the City of South Bend passed as amended on January 11, 1988, Ordinance No. 7847-88 which mandates the Board of Public Works of the City of South Bend to determine that the sidearm of a police officer who retires in good standing is surplus property and no longer useful to the City of South Bend; and WHEREAS, CORPORAL RICHARD D. JOHNSON has retired from the South Bend Police Department after twenty-two (22) years of service and the Board of Public Safety of the City of South Bend has determined that he has retired in good standing; and WHEREAS, I.C. 36-1-11-6 permits and establishes procedure for disposal of personal property which is no longer needed by the City and which is unfit for the purpose for which it was intended; NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that sidearm Serial No. AD19850, a .40 caliber Sig -Sauer sidearm, is no longer needed by the City and is unfit for the purpose for which it was intended and has an estimated fair market value of less than Five Hundred Dollars ($500.00). BE IT FURTHER RESOLVED that said property be disposed of and removed from the City inventory. ADOPTED this 4th day of March, 1996. BOARD OF PUBLIC WORKS s/John E. Leszczynski, President s/James R. Caldwell, Member ATTEST: s/Angela K. Jacob, Clerk ADOPT RESOLUTION NO. 15-1996 - TRANSFER OF REAL PROPERTY TO THE SOUTH BEND REDEVELOPMENT COMMISSION Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 15-1996 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE TRANSFER OF REAL PROPERTY TO THE SOUTH BEND REDEVELOPMENT COMMISSION 7 REGULAR MEETING MARCH 4. 1996 WHEREAS, the City of South Bend, Indiana (the "City") is the owner of the following described real property situated in St. Joseph County, Indiana: Lot Numbered One Hundred Forty-eight (148) as shown on the recorded Plat of Wengers & Krieghbaum Replat of a part of M.L. Wenger's 6th Addition recorded April 1, 1903 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 8, page 103. Key No. 18-7015-0580 (hereinafter referred to as the Real Property) and; WHEREAS, pursuant to I.C. 36-9-6-3, the Board of Public Works of the City of South Bend (the "Board") has custody of and may maintain all real property of the City of South Bend; and WHEREAS, the City, through the Board, is desirous of transferring the Real Property to the City of South Bend, for the use and benefit of its Department of Redevelopment for use in the redevelopment of the Sample -Ewing Development Area; and WHEREAS, pursuant to I.C. 36-1-11-8, the City, acting by and through the Board, may exchange or transfer property with another governmental entity upon terms and conditions agreed upon by the two (2) entities as evidenced by the adoption of substantially identical resolutions of each entity; and WHEREAS, the South Bend Redevelopment Commission, at its meeting of March 1, 1996 adopted its Resolution No. accepting the transfer of the Real Property by the City. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS FOR THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: 1. That the transfer of the Real Property situated in St. Joseph County, Indiana, and generally described as follows: Lot Numbered One Hundred Forty-eight (148) as shown on the recorded Plat of Wengers & Krieghbaum Replat of a part of M.L. Wenger's 6th Addition recorded April 1, 1903 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 8, page 103. Key No. 18-7015-0580 by the City of South Bend, Indiana to the City of South Bend, for the use and benefit of its Department of Redevelopment, shall be, and hereby is, approved. 2. That the Mayor of the City of South Bend and the South Bend City Clerk shall be, and hereby are, authorized, respectively, to execute and attest to the execution of a quitclaim deed conveying all of the right, title and interest of the City of South Bend, Indiana in and to the Real Property to the City of South Bend, for the use and benefit of its Department of Redevelopment. 3. That this Resolution shall be in full force and effect upon its adoption by the Board of Public Works of the City of South Bend. ADOPTED at a meeting of the Board of Public Works of the City of South Bend held on March 4, 1996, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/John E. Leszczynski, President s/James R. Caldwell, Member s/Jenny Pitts Manier, Member ATTEST: s/Angela K. Jacob, Clerk REGULAR MEETING MARCH 4, 1996 ADOPT RESOLUTION NO. 16-1996 - TRANSFER OF REAL PROPERTY TO THE SOUTH BEND REDEVELOPMENT COMMISSION Upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 16-1996 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE TRANSFER OF REAL PROPERTY TO THE SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, the City of South Bend, Indiana (the "City") is the owner of the following described real property situated in St. Joseph County, Indiana: See Exhibit A (hereinafter referred to as the Real Property), and; WHEREAS, pursuant to I.C. 36-9-6-3, the Board of Public Works of the City of South Bend (the 'Board") has custody of and may maintain all real property of the City of South Bend; and WHEREAS, the City, through the Board, is desirous of transferring the Real Property to the City of South Bend, for the use and benefit of its Department of Redevelopment for use in the redevelopment of the Sample -Ewing Development Area; and WHEREAS, pursuant to I.C. 36-1-11-8, the City, acting by and through the Board, may exchange or transfer property with another governmental entity upon terms and conditions agreed upon by the two (2) entities as evidenced by the adoption of substantially identical resolutions of each entity; and WHEREAS, the South Bend Redevelopment Commission, at its meeting of March 1, 1996 adopted its Resolution No. accepting the transfer of the Real Property by the City. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS FOR THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: 1. That the transfer of the Real Property situated in St. Joseph County, Indiana, and generally described as follows: See Exhibit A by the City of South Bend, Indiana to the City of South Bend, for the use and benefit of its Department of Redevelopment, shall be, and hereby is, approved. 2. That the Mayor of the City of South Bend and the South Bend City Clerk shall be, and hereby are, authorized, respectively, to execute and attest to the execution of a quitclaim deed conveying all of the right, title and interest of the City of South Bend, Indiana in and to the Real Property to the City of South Bend, for the use and benefit of its Department of Redevelopment. 3. That this Resolution shall be in full force and effect upon its adoption by the Board of Public Works of the City of South Bend. ADOPTED at a meeting of the Board of Public Works of the City of South Bend held on March 4, 1996, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. 11 3 G REGULAR MEETING ATTEST: s/Angela K. Jacob, Clerk MARCH 4. 1996 CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/John E. Leszczynski, President s/James R. Caldwell, Member s/Jenny Pitts Manier, Member EXHIBIT A Lot Numbered Sixty-nine (69) as shown on the recorded Plat of Wenger's Fourth Addition to the City of South Bend, recorded November 22, 1890 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 5, page 40. Key No. 18-7022- 0866. Lot Numbered Sixty-three (63) as shown on the recorded Plat of Wenger's Fourth Addition to the City of South Bend, recorded November 22, 1890 in the Office of the Reorder of St. Joseph County, Indiana, in Plat Book 5, page 40, EXCEPTING THEREFROM the East 2 %2 feet of said lot. Key No. 18-7022-0875. Lot Numbered Sixty (60) as shown on the recorded Plat of Wenger's Fourth Addition to the City of South Bend, recorded November 22, 1890 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 5, page 40. Key No. 18-7022-0872. Lot Numbered Fifty-nine (59) as shown on the recorded Plat of Wenger's Fourth Addition to the City of South Bend, recorded November 22, 1890 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 5, page 40. Key No. 18-7022- 0871. Lot numbered Fifty-eight (58) as shown on the recorded Plat of Wenger's Fourth Addition to the City of South Bend, recorded November 22, 1890 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 5, page 40. Key No. 18-7022- 0870. Lot Numbered Seventy-five (75) as shown on the recorded Plat of Wenger's Fourth Addition to the City of South Bend, excepting 10 feet off of the West side thereof, recorded November 22, 1890 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 5, page 40. Key No. 18-7021-0840. 33 feet in width East and West taken off of and from the whole length of the East side of Lot Numbered Seventy-seven (77) as shown on the recorded Plat of Martin L. Wenger's Fourth Addition to the City of South Bend, recorded November 22, 1890 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 5, page 40. Key No. 18-7021-0837. Lot Numbered One Hundred Ten (110) as shown on the recorded Plat of Martin L. Wenger's Fifth Addition to the City of South Bend, St. Joseph County, Indiana, recorded June 17, 1892 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 6, page 21. Key No. 18-7023-0884. Lot Numbered One Hundred Twelve (112) as shown on the recorded Plat of Martin L. Wenger's Fifth Addition to the City of South Bend, St. Joseph County, Indiana, recorded June 17, 1892 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 6, page 21. Key No. 18-7023-0882. ME REGULAR MEETING MARCH 4. 1996 A part of Lot numbered One Hundred Twenty-two (122) as shown on the recorded Plat of Wenger's Fifth Addition to the City of South Bend, described as beginning at the Southeast corner of said Lot Numbered One Hundred Twenty-two (122); running thence North, along the East line of said Lot Numbered One Hundred Twenty-two (122), 22 feet; thence West and parallel with the South line of said Lot Numbered One Hundred Twenty-two (122), 80 feet; thence South and parallel with the East line of said Lot Numbered One Hundred Twenty-two (122), 22 feet to the South line of said Lot Numbered One Hundred Twenty-two (122); thence East along the South line of said Lot Numbered One Hundred Twenty-two (122), 80 feet to the place of beginning. Key No. 18-7023-0904. A lot or parcel of land described as follows: Beginning at a point on the East line of Lot Numbered One Hundred Twenty-two (122) as shown on the recorded Plat of Wenger's Fifth Addition to the City of South Bend, Indiana and 22 feet North of the Southeast corner of said Lot Numbered 122 Wenger's Fifth Addition; thence West and parallel with the South line of said Lot Numbered 122 Wenger's Fifth Addition 80 feet; thence North and parallel with the East line of said Lot Numbered 122 Wenger's Fifth Addition 38 feet to the North line of said Lot Numbered 122 Wenger's Fifth Addition; thence East along the North line of said Lot Numbered 122 Wenger's Fifth Addition 80 feet to the East line of said Lot Numbered 122 Wenger's Fifth Addition; thence South 38 feet to the place of beginning in St. Joseph County, Indiana. Key No. 18-7023-090401. The West 118 feet of Lot Numbered One Hundred Seventeen (117) as shown on the recorded Plat of Martin L. Wenger's Fifth Addition to the City of South Bend, St. Joseph County, Indiana, recorded June 17, 1892 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 6, page 21. Key No. 18-7023-0903. A lot or parcel of land Ninety (90) feet in length, East and West, taken off of and from the entire width of the West end of Lot Numbered One Hundred Sixteen (116) as shown on the recorded Plat of Martin L. Wenger's Fifth Addition to the City of South Bend, St. Joseph County, Indiana, recorded June 17, 1892 in the office of the Recorder of St. Joseph County, Indiana, in Plat Book 6, page 21. Key No. 18-7023- 0900. Lot Numbered One Hundred Thirty (130) as shown on the recorded Plat of Martin L. Wenger's Fifth Addition to the City of South Bend, Indiana, recorded June 17, 1892 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 6, page 21, EXCEPTING a strip of land sixteen and one-half (16%2) feet in width East and West taken off and from the East side thereof. Key No. 18 7023-0919. A parcel of land Thirty-three (33) feet wide taken off of the entire length of the East side of Lot Numbered One Hundred Twenty-nine (129) as shown on the recorded Plat of Martin L. Wenger's Fifth Addition to the City of South Bend, recorded June 17, 1892 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 6, page 21. Key No. 18-7023-0917. Lot Numbered One Hundred Twenty-eight (128) as shown on the recorded Plat of Martin L. Wenger's Fifth Addition to the City of South Bend, recorded June 17, 1892 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 6, page 21, EXCEPTING THEREFROM a lot or parcel of land 36 feet in width North and South taken off of and from the entire width of the North end thereof. Key No. 18-7023- 0916. A tract of land Thirty-six (36) feet in width North and South, taken off of and from the entire North end of Lot Numbered One Hundred Twenty-eight (128) as shown on the recorded Plat of Martin L. Wenger's Fifth Addition to the City of South Bend, recorded June 17, 1892 in the Office of the Recorder of St. Joseph County, Indiana, 11 1 I REGULAR MEETING in Plat Book 6, page 21. Key No. 18-7023-0915. MARCH 4. 1996 Part of Lots Numbered One Hundred Sixteen (116) and One Hundred Twenty-three (123) as shown on the recorded Plat of Martin L. Wenger's Fifth Addition to the City of South Bend, described as beginning at a point Forty (40) feet North of the Southeast corner of Lot Numbered One Hundred Twenty-three (123) in said Addition; running thence North on the East line of said Lots, Forty (40) feet; thence West Ninety-six (96) feet to a Twelve (12) foot alley which crosses said Lots from North to South; thence South on the East line of said alley Forty (40) feet; thence East Ninety-six (96) feet to the place of beginning, in St. Joseph County, Indiana. Key No. 18-7023-0898. A part of Lot Numbered One Hundred Sixteen (116) as shown on the recorded Plat of Martin L. Wenger's Fifth Addition to the City of South Bend, recorded June 17, 1892 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 6, page 21, bounded by a line running as follows, viz: Beginning at the Northeast corner of said Lot Numbered 116; thence running West on the North line of said lot, 96 feet to the East line of a 12 foot alley; thence running South on the East line of said alley, 40 feet; thence running East 96 feet to the East line of said Lot and the West line of Marietta Street in said City; thence running North on said line 40 feet to the place of beginning. Key No. 18-7023-0897. ADOPT RESOLUTION NO. 17-1996 - TRANSFER OF CITY OWNED PROPERTY Upon a motion made by Mr. Caldwell, seconded by Mr. Leszczynski and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 17-1996 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING PIRSCH MIDI PUMPER TO FORAKER TOWNSHIP WHEREAS, pursuant to I.C. 36-9-6-3, the Board of Public Works of the City of South Bend ("the Board") has custody of all personal property of the City of South Bend; and WHEREAS, pursuant to I.C. 36-8-13-3, the Foraker Township Board of Directors ("the Township") approves the purchase of all firefighting apparatus for the Township; and WHEREAS, the City of South Bend is the owner of certain personal property described as follows: PIRSCH MIDI PUMPER 1985 G.M.C. TOP KICK PUMPER/MIDI VIN # I GPM7D 1 YFV627175; and WHEREAS, the Board has determined that such equipment is no longer needed for the operation of the Fire Department of the City of South Bend and desires to transfer said equipment to Foraker Township, for the negotiated sum of Forty Thousand Dollars ($40,000.00); and WHEREAS, the Trustee is interested in obtaining said equipment for the Foraker Township Fire Department and is willing to pay Forty Thousand Dollars ($40,000.00) to the City of South Bend for such equipment; and WHEREAS, pursuant to I.C. 36-1-11-8, governmental entities may exchange property with one another upon terms and conditions agreed upon by the two entities as evidenced by the adoption of substantially identical resolutions by each entity. M REGULAR MEETING MARCH 4, 1996 NOW, THEREFORE, BE IT RESOLVED by the Board of Public Work of the City of South Bend, Indiana, as follows: 1) That the transfer of the Pirsch Midi Pumper described above to Foraker Township for the sum of Forty Thousand Dollars ($40,000.00) shall be, and hereby is, approved. 2) That upon the payment of Forty Thousand Dollars ($40,000.00) from the Trustee of Foraker Township to the City of South Bend, the equipment described above will be released by the City of South Bend. 3) That this Resolution shall be in full force and effect upon its adoption. ADOPTED this 4th day of March, 1996. BOARD OF PUBLIC WORKS s/John E. Leszczynski, President s/James R. Caldwell, Member s/Jenny Pitts Manier, Member ATTEST: s/Angela K. Jacob, Clerk ADOPT RESOLUTION NO. 18-1996 - TRANSFER OF CITY OWNED PROPERTY Upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 18-1996 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING TWO (2) HOSE DRYERS TO PORTAGE TOWNSHIP WHEREAS, pursuant to I.C. 36-9-6-3, the Board of Public Works of the City of South Bend ("the Board") has custody of all personal property of the City of South Bend; and WHEREAS, pursuant to I.C. 36-8-13-3, the Portage Township Advisory Board ("(the Township") approves the purchase of all firefighting apparatus for the Township; and WHEREAS, the City of South Bend is the owner of certain personal property described as follows: TWO (2) HOSE DRYERS WHEREAS, the Board has determined that such equipment is no longer needed for the operation of the Fire Department of the City of South Bend and desires to transfer said equipment to Portage Township, for the negotiated sum of One Thousand Five Hundred Dollars ($1,500.00); and WHEREAS, the Trustee is interested in obtaining said equipment for the Portage Township Fire Department and is willing to pay One Thousand Five Hundred Dollars ($1,500.00) to the City of South Bend for such equipment; and WHEREAS, pursuant to I.C. 36-1-11-8, governmental entities may exchange property with one another upon terms and conditions agreed upon by the two entities as evidenced by the adoption of substantially identical resolutions by each entity. REGULAR MEETING MARCH 4. 1996 NOW, THEREFORE, BE IT RESOLVED by the Board of Public Work of the City of South Bend, Indiana, as follows: 1) That the transfer of the two (2) hose dryers described above to Portage Township for the sum of One Thousand Five Hundred Dollars ($1,500.00) shall be, and hereby is, approved. 2) That upon the payment of One Thousand Five Hundred Dollars ($1,500.00) from the Trustee of Portage Township to the City of South Bend, the equipment described above will be released by the City of South Bend. 3) That this Resolution shall be in full force and effect upon its adoption. ADOPTED this 4th day of March, 1996. BOARD OF PUBLIC WORKS s/John E. Leszczynski, President s/James R. Caldwell, Member s/Jenny Pitts Manier, Member ATTEST: s/Angela K. Jacob, Clerk APPROVAL OF RECOMMENDATION TO ENCROACH ONTO PUBLIC RIGHT-OF-WAY - REPLACEMENT OF EXISTING CANOPIES Mr. Leszczynski advised that the Board is in receipt of favorable recommendations from the Division of Engineering, Police Department, Building Commissioner and the Redevelopment Design Review Committee for the replacement of existing canopies, at STS Organization Consultants, 132 North Lafayette, South Bend, Indiana, subject to an Indemnification and Hold Harmless Undertaking. Further, it is to be noted that the Redevelopment Design Review Committee recommends that the new material for the bottom awning must exactly match the upper awning material in style and color. Upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the recommendation was approved. APPROVE LICENSE APPLICATIONS - SECOND HAND DEALER Mr. Leszczynski stated that the following secondhand dealers license applications have been received: NAME: Mason Heating & Appliances BY: Fidencio Bueno ADDRESS: 118 East Sample Street FOR THE PURPOSE OF SELLING: Appliances NAME: Harrison Furniture and Treasures BY: Robert K. Harrison ADDRESS: 1609 South Miami FOR THE PURPOSE OF SELLING: New & used furniture and "knick-knacks" Mr. Leszczynski further advised that favorable recommendations have been received from the Bureau of Traffic and Lighting, Department of Code Enforcement, Police Department and Fire Department concerning the above applications. Upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the above license applications were approved and referred to the Deputy Controller's Office for issuance of a license. REGULAR MEETING MARCH 4. 1996 APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - ONE (1) 20, CUBIC YARD REFUGE PACKER In a letter to the Board, Mr. Matthew Chlebowski, Director, Division of Environmental Services, requested permission to advertise for the receipt of bids for the above referred to equipment. Therefore, upon a motion made by Mr. Caldwell, seconded by Mr. Leszczynski and carried, the request to advertise for the receipt of bids was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - PAINT In a memorandum to the Board, Mr. George Zana, Purchasing Manager, requested permission to advertise for the receipt of bids for the above referred to materials. Therefore, upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the request to advertise for the receipt of bids was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - HVAC UPGRADE AT WASTEWATER TREATMENT PLANT ADMINISTRATION BUILDING - PROJECT NO 94-19 In a memorandum to the Board, Mr. Carl P. Littrell, Director, 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 upgrade the heating, ventilating and air conditioning system at the Wastewater Treatment Plant Administration Building. Therefore, upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the request to advertise for the receipt of bids was approved. APPROVAL OF TRIPLE TRAILER COMBINATION PERMIT In a memorandum to the Board, Mr. Carl P. Littrell, Director, Division of Engineering submitted a Triple Trailer Combination Permit for ANR Advance Transportation Company, 5005 South Sixth Street, Milwaukee, Wisconsin, for permission to operate "triple" tractor -trailer combinations within the City limits, on the route as submitted. Mr. Littrell noted that ANR Freight System, Inc. and Advance Transportation merged in November of 1995, thus only one (1) permit is needed to continue operation. Therefore, upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the Triple Trailer Combination Permit was approved. APPROVAL OF GRANT OF EASEMENT - I&M POWER COMPANY In a memorandum to the Board, Mr. Carl P. Littrell, Director, Division of Engineering, requested approval of a Grant of Easement to Indiana Michigan Power Company, along Ironwood Drive north of Inwood Road on the east side, near an existing retention basin. Mr. Littrell stated that this easement would be used to install and maintain a guy wire and anchor for a power pole that the company is relocating in conjunction with the Ironwood Widening project. Therefore, upon a motion made by Mr. Caldwell, seconded by Mr. Leszczynski and carried, the Grant of Easement was approved and executed. APPROVE CONSENT TO ANNEXATION AND WAIVER OF RIGHTS TO REMONSTRATE Mr. Leszczynski stated that the Board is in receipt of a Consent to Annexation and Waiver of Right to Remonstrate as submitted by Timothy and Lynelle Miller Clark. 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 18961 Darden Road, South Bend, Indiana, South Bend, Indiana, (Key # 02- 1015-030402), the Clark'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. Caldwell made a motion that the Consent be approved. Mrs. Manier seconded the motion which carried. APPROVE AND/OR RELEASE EXCAVATION BONDS Mr. Larry D. Spradlin, Sr., Engineer, Division of Engineering, recommended that the following Excavation Bonds be approved and/or released as follows: EXCAVATION BONDS D&L Excavating, Inc. Approved Effective March 4, 1996 Trugreen/Chemlawn Released Effective March 4, 1996 1 1 REGULAR MEETING MARCH 4. 1996 Mr. Leszczynski made a motion that the recommendation be accepted and that the Bonds be approved and/or released as outlined above. Mrs. Manier seconded the motion which carried. APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the following four (4) traffic control devices were approved: NEW INSTALLATION: LOCATION: REMARKS: NEW INSTALLATION: LOCATION: REMARKS: NEW INSTALLATION LOCATION: REMARKS: NEW INSTALLATION: LOCATION: REMARKS: Handicap Sign 412 South Wellington Ms. Genevieve Bucher has met all requirements Handicap Sign 1350 College Street Ms. Helen McKeen has met all requirements Handicap Sign 708 North Johnson Mrs. Cecilia Nawrot has met all requirements Handicap Sign 840 South Brookfield Mr. Robert Hojara has met all requirements APPROVE CLAIMS Mr. Kevin Horton, City Controller, submitted claims in the amount of $1,328,027.10, dated February 26, 1996, and recommended approval. Mr. Leszczynski made a motion that the claims be approved and the reports as submitted be filed. Mrs. Manier seconded the motion which carried. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the meeting adjourned at 9:46 a.m. AT ST: Angela W Jacob, Clerk BOARD OF PUBLIC WORKS Jenny Pitt anier, Member , "/ 2 2?A �' iZ