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HomeMy WebLinkAbout07/22/96 Board of Public Works MinutesREGULAR MEETING JULY 22. 1996 The regular meeting of the Board of Public Works was convened at 9:35 a.m. on Monday, July 22, 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. AGENDA ITEM ADDED Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, an agenda item for an Agreement for the College Football Hall of Fame was added. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the minutes of the regular meeting of the Board held on July 15, 1996, were approved. OPENING OF BIDS - ONE (1) MORE OR LESS 2.000 G.P.M. PUMPER This was the date set for receiving and opening of sealed bids for the above referred to equipment. 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 Pierce Manufacturing Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Ten per cent (10%) Bid Bond was submitted IC M One (1) Pierce custom 100' Aerial Platform mounted on a custom Pierce Lance chassis as per submitted proposal $614,616.00 Delivery: Approximately 225-255 calendar days after acceptance of the contract by Pierce Option: One (1) Pierce custom 100' Aerial Platform mounted on a custom Pierce Lance chassis as per submitted proposal - stock unit $578,198.00 Delivery: Approximately end of October, 1996 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. APPROVAL OF GRANT AGREEMENT - NEIGHBORHOOD YOUTH GRANT APPLICATION - URBAN LEAGUE OF SOUTH BEND Mr. Leszczynski stated that the Board is in receipt of an Agreement between the City of South Bend and the Urban League of South Bend/Tavarious Butts, Shamika Love and Monica Harris, for the purpose of sending three NuLites youth to New Orleans for the 1996 National Urban League Conference. The conference runs from August 8, 1996 until Monday, August 12, 1996. Mr. Leszczynski noted that the Agreement is in the amount of $2,000.00. Therefore, upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the Agreement was approved and executed. C REGULAR MEETING JULY 22. 1996 APPROVAL OF STAFF SUPPORT AGREEMENT - NEIGHBORHOOD RESOURCES AND TECHNICAL SERVICES CORPORATION Mr. Leszczynski stated that the Board is in receipt of an Agreement between the City of South Bend and Neighborhood Resources and Technical Services Corporation, for technical, financial and support assistance and services to neighborhood and other community organizations with the City of South Bend. Mr. Leszczynski noted that the term of Agreement shall be from July 1, 1996 to and including June 30,1999. Therefore, upon a. motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the Agreement was approved and executed. APPROVAL OF PURCHASE AGREEMENT - 749 NORTH CLEVELAND AVENUE Mr. Leszczynski stated that the Board is in receipt of an Agreement between the City of South Bend and Ms. Della Jenkins, 745 Cleveland Avenue, South Bend, Indiana, for the purchase of City -owned property at 749 North Cleveland Avenue. Mr. Leszczynski stated that 749 North Cleveland was declared obsolete by Resolution No. 7-1996, on March 4, 1996. Mr. Leszczynski noted that the Agreement is in the amount of $100.00. Therefore, upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the Agreement was approved and executed. APPROVAL OF ESCROW AGREEMENT - KETTERING DRIVE STORM SEWER Mr. Leszczynski stated that the Board is in receipt of an Agreement between the City of South Bend, Selge Construction Company, Inc., 2833 South 1Ith Street, Niles, Michigan and Old Kent Bank Southwest, 322 Broadway Street, Niles, Michigan, for the Kettering Drive Storm Sewer project. Mr. Leszczynski noted that the Contract for this project was approved by the Board on July 1, 1996, which was in excess of $100,000.00. Therefore, upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried, the Agreement was approved and executed. APPROVAL OF AGREEMENT - "WALK OF CHAMPION" PLAQUES - COLLEGE FOOTBALL HALL OF FAME Mr. Leszczynski stated that the Board is in receipt of an Agreement between the City of South Bend and Great American Insurance Company, One East Fourth Street, Cincinnati, Ohio, and John Snyder, 9375 Winding Lane, Loveland, Ohio, for two hundred two (202) plaques comprising the "Walk of Champions" exhibit located at the former College Football Hall of Fame in King's Mill, Ohio. Mr. Leszczynski noted that the Agreement is in the amount of $2,275.00. Therefore, upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the Agreement was approved and executed. APPROVE COMMUNITY DEVELOPMENT CONTRACT AND ADDENDA The following Community Development Contracts and Addenda were presented to the Board for approval: South Bend Heritage Foundation Code Enforcement South Bend Police Department South Bend Police Department Housing Development Corp. Housing Development Corp. Program Budget Change Program Budget Change Program Budget Change Program Budget Change $57,700 $54,345 Move/Rehab Single family homes Inspection Activity Foot Patrol Neighborhood Watch Assist low/moderate Income homebuyers Direct homeowners Assistance Upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the above referred to Contracts and Addenda were approved and executed. APPROVE CHANGE ORDERS - ANIMAL CONTROL SHELTER - PROJECT NO. 96-13 Mr. Leszczynski advised that Mr. Bob Allen, Public Construction Manager, has submitted the following Change Orders on behalf of Kaser-Spraker Construction, 25487 West State Road 2, South Bend, Indiana, and recommended approval: E H- ()<A REGULAR MEETING Change Order No. Amount 1 Increase $1,380.00 2 Increase $ 865.00 New Contract Sum $109,260.00 $110,125.00 JULY 22, 1996 Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the Change Orders were approved. APPROVAL OF REOUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - ELDER PARKWAY - PROJECT NO. 95-65-1 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 construct a parkway for access to the Parkview Juvenile Center and proposed Ivy Tech College sites from Michigan Street and Fellows Street. The Department of Community and Economic Development has appropriated sufficient funds for this project. Therefore, upon a motion made by Mrs. Manier, seconded by Mr. Caldwell and carried, the request to advertise for the receipt of bids was approved. APPROVE CONSENTS TO ANNEXATION AND WAIVERS OF RIGHT TO REMONSTRATE Mr. Leszczynski stated that the Board is in receipt of nineteen (19) Consents to Annexation and Waiver of Rights to Remonstrate for the following owners of property in St. Joseph County, for water service for the Dollar Lake area. Frank Frigyesi 05-1034-043903 22976 Ireland Road Donnabelle Konzen 05-1034-043901 22940 Ireland Road Cyril Brooke 05-1035-046301 23051 Ireland Road Thomas Hershberger 23146 Ireland Road R.V. Casteel 05-1035-047616 23186 Ireland Road Susan Platz 05-1035-045751 59096 Malcor Carri Reamer 59112 Malcor Marion H. Fox Lots 38,39,40 59138 Malcor Vernon/Patty Risinger 05-1035-047603 59756 Market Charles/Rosella Sisco 05-1035-047617 59683 Market Paul Markley 05-1035-047619 59685 Market Eleanor Orszulak 05-1035-045745 59016 Mayflower Charles Werntz 05-1035-045730 59106 Mayflower Waco Robbins 05-1035-045734 59182 Mayflower Guy Earl Moore 05-1035-045726 59202 Mayflower Patty Pride 05-1035-045727 59210 Mayflower Timothy Scott Watson 59225 Mayflower Lillie Holt 05-1035-045710 59250 Mayflower Carri Reamer 05-1035-045731 59266 Mayflower Each Consent indicates that in consideration for permission to tap into the public water system of the City, and to provide water service to the above noted properties, South Bend, Indiana, the above listed property owners 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, Mrs. Manier made a motion that the Consent be approved. Mr. Caldwell seconded the motion which carried. ADOPT RESOLUTION NO. 48-1996 - ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA IN CLAY TOWNSHIP (IRONWOOD PLAZA NORTH ANNEXATION) Upon a motion made by Mrs. Manier, seconded by Mr. Caldwell and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO.48-1996 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND ADOPTING A 1 ()"` REGULAR MEETING JULY 22, 1996 WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA IN CLAY TOWNSHIP (IRONWOOD PLAZA NORTH ANNEXATIONI WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an ordinance which proposes the annexation of the hereinafter described real estate located in Clay Township, St. Joseph County, Indiana; and WHEREAS, the territory proposed to be annexed encompasses approximately 27.1 acres of land, located in Clay Township, north of State Road No. 23, west of Ironwood Drive, south of Dunn Road (Hepler Street), east of Willis Avenue; contiguous to the City of South Bend, twenty-six percent (26%) of its aggregate external boundaries coinciding with the boundaries of the City of South Bend; approximately ninety-six percent (96%) subdivided; with a resident population density in excess of three (3) persons per acre; and commercially and residentially zoned. The development of the territory proposed to be annexed will require a basic level of municipal public services, which services shall include the provision of water service; and WHEREAS, the Board of Public Works now desires to establish and adopt a fiscal plan and establish a definite policy showing (1) the cost estimates of services of a non -capital nature, including street and road maintenance and other non -capital services normally provided within the corporate boundaries, and services of a capital improvement nature, including street construction, street lighting, sewer facilities, and storm water drainage facilities to be furnished to the territory to be annexed; (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non -capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non -capital services provided to areas within the corporate boundaries of the City of South Bend, that have characteristic of topography, patterns of land use, and population density similar to that of the territory to be annexed; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend that have characteristics of topography, patterns of land use and population density similar to that of the territory to be annexed and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. That it is in the best interest of the City of South Bend and of the area proposed to be annexed that the real property located in Clay Township, St. Joseph County, Indiana, described in Exhibit "A," attached hereto and made a part hereof, be annexed to the City of South Bend. Section II. That it shall be and hereby is now declared and established that it is the policy of the City of South Bend, by and through its Board of Public Works, to furnish to said territory services of a non -capital nature, such as street and road maintenance, within one (1) year of the effective date of the annexation, in a manner equivalent in standard and scope to the services furnished by the City to other areas of the City which have characteristics of typography, patterns of land utilization and population density similar to said territory; and to furnish to said territory services of a capital improvement nature, such as street construction, street lighting, sewer facilities, and storm water facilities, within three (3) years of the effective date of the annexation, in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend that have characteristics of topography, patterns of land use and population density similar to that of the territory to be annexed and in a manner consistent with federal, state and local laws, procedures, and planning criteria. REGULAR MEETING JULY 22, 1996 Section III. That the Board of Public Works shall and does hereby now establish and adopt the fiscal plan, attached hereto and made a part hereof, for the furnishing of said services to the territory to be annexed. Adopted this 22nd day of July, 1996. Attest: s/Angela K. Jacob, Clerk BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA s/John E. Leszczynski, President s/James R. Caldwell, Member s/Jenny Pitts Manier, Member EXHIBIT A A PARCEL OF LAND LOCATED IN THE E. 1/2 OF THE SE 1/4 OF SECTION 31 T. 38 N. R. 3 E., CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NW CORNER OF THE SE QUARTER OF SAID SECTION, ALSO BEING THE CENTERLINES OF IRONWOOD AND DUNN ROADS; THENCE SOUTH TO THE SOUTH RIGHT-OF-WAY LINE OF THE EDWARDSBURG HIGHWAY (STATE ROAD NO.23) AND ALSO BEING THE CURRENT CITY LIMITS OF THE CITY OF SOUTH BEND, INDIANA; THENCE IN A SOUTHWESTERLY DIRECTION ALONG THE SOUTH LINE OF STATE ROAD NO.23 TO THE NORTH RIGHT-OF-WAY LINE, EXTENDED, OF VANESS STREET, ALSO BEING THE CURRENT CITY LIMIT LINE OF SOUTH BEND, INDIANA; THENCE WEST ALONG SAID LINE TO THE SOUTHEAST CORNER OF LOT 44 OF VANESS PLAT (RECORDED); THENCE NORTH ALONG THE EAST LOT LINE OF SAID LOT 44 A DISTANCE OF 300 FEET; THENCE WEST PARALLEL TO THE NORTH RIGHT- OF-WAY LINE OF VANESS STREET A DISTANCE OF 230 FEET TO THE CENTERLINE OF WILLIS STREET; THENCE NORTH ALONG THE CENTERLINE OF WILLIS STREET 79.4 FEET TO THE SOUTH LOT LINE, EXTENDED, OF LOT 41 OF VANESS PLAT; THENCE EAST ALONG SAID LOT LINE TO THE SOUTHEAST CORNER OF SAID LOT 41; THENCE NORTH ALONG THE EAST LINE OF VANESS PLAT TO THE CENTERLINE OF DUNN ROAD; THENCE EAST ALONG THE CENTERLINE OF DUNN ROAD TO THE PLACE OF BEGINNING. ADOPT RESOLUTION NO.51-1996 - DISPOSAL OF OBSOLETE CITY -OWNED PROPERTY Upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 51-1996 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND/OR OBSOLETE PROPERTY WHEREAS, the following described property has been determined by the Board of Public Works to be unfit for the purpose for which it was intended, no longer needed by the City of South Bend: ONE (1) 1991 FORD TEMP GL - FOUR DOOR POLICE DEPARTMENT MECHANICAL VIN. #2FAPP36X9MB161800 REGULAR MEETING JULY 22, 1996 WHEREAS, Indiana Code 36-1-11-6(c) provides for the disposal at private or public sale or transfer of personal property which is unfit for the purpose for which it was intended and which is no longer needed by the City; and WHEREAS, an insurance settlement for the loss incurred by the City due to the destruction of the above -referenced vehicle has been reached by the City and the State Farm Insurance . Company, which settlement includes payment to the City of $5,000.00 upon receipt of the vehicle and title to the vehicle; and WHEREAS, release of the title to the above -referenced vehicle to State Farm Insurance Company is a necessary condition of said settlement. NOW, THEREFORE, BE IT RESOLVED, by the Board of Public Works of the City of South Bend as follows: That the above referenced vehicle has been destroyed as the result of an accident, is no longer needed by the City, is unfit for the purpose for which it was intended. 2. That title to said vehicle shall be released and the vehicle transferred to the State Farm Insurance Company as part of the insurance settlement reached with respect to said vehicle. 3. This Resolution shall be effective upon adoption by the Board of Public Works of the City of South Bend. Adopted this 22nd day of July, 1996. BOARD OF PUBLIC WORKS s/John E. Leszczynski s/James R. Caldwell s/Jenny Pitts Manier ATTEST: s/Angela K. Jacob, Clerk APPROVAL OF TAX ABATEMENT PLAN - IRONWOOD PLAZA NORTH ANNEXATION AREA Mr. Larry Magliozzi, Division of Planning, stated that as a result of House Bill 1338 passed this last legislative session and effective on July 1, 1996, the City of South Bend may offer to property owners in areas it proposes to annex, an abatement of a portion of their property tax liability. The Ironwood Plaza. North Annexation area will be offered, through the Annexation Ordinance, a three year tax abatement as follows: 75% of a taxpayer's tax liability for the first year 50% of a taxpayer's tax liability for the second year 25% of a taxpayer's tax liability for the third year Therefore, upon a motion made by Mrs. Manier, seconded by Mr. Caldwell and carried, the Tax Abatement Plan for the Ironwood Plaza North Annexation was approved. APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the following eight (8) traffic control devices were approved: REMOVAL OF: One Way LOCATION: Studebaker, from LaPorte to Fassnacht REMARKS: Make Studebaker two-way street, also the alley south of LaPorte two-way REGULAR MEETING JULY 22, 1996 NEW INSTALLATION: No Parking LOCATION: Clover & Mishawaka, Southwest Corner REMARKS: On west side of Clover, Mishawaka Avenue to alley NEW INSTALLATION: Handicap Sign LOCATION: 1218 North Meade REMARKS: Ms. Janet Thompson has met all requirements NEW INSTALLATION: Handicap Sign LOCATION: 1862 North Meade REMARKS: Ms. Darlene Axell has met all requirements NEW INSTALLATION: Handicap Sign LOCATION: 517 Birdsell REMARKS: Ms. Ozetta Ewing has met all requirements REMOVAL: 2 Hr. Parking REVISED TO: No Parking, Tow Zone LOCATION: 500 Block North Michigan REMARKS: Businesses were torn down by Memorial Hospital. The no parking zone would improve traffic flow REVISED: NO PARKING LOCATION: 200 Block William REMARKS: Increased no parking area on east side of William along First Presbyterian Church; increased sight distance NEW INSTALLATION: No Parking Sign LOCATION: Hoffman Court, east side REMARKS: Hoffinan Court is 14' wide, no parking on east side RENEWAL OF OCCUPANCY PERMIT Mr. Leszczynski stated that an Application for the Renewal of a Temporary Occupancy Permit has been submitted by Gibson -Lewis, L.L.C., 1001 West 11th Street, Mishawaka, Indiana, for construction at 100 West Navarre Street. Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the Occupancy Permit was approved. APPROVE CONTRACTOR BOND Mr. Larry D. Spradlin, Sr., Engineer, Division of Engineering, recommended that the following Contractor Bond be approved as follows: BOND OF CONTRACTOR Jose Quijada Approved Effective July 22, 1996 Mr. Caldwell made a motion that the recommendation be accepted and that the Bond be approved as outlined above. Mrs. Manier seconded the motion which carried. FILING OF CERTIFICATE OF INSURANCE Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the following Certificate of Insurance was accepted for filing: Utility Contracting Co. 1001 12 Mile Road Sparta, Michigan 49345 C I I REGULAR MEETING JULY 22. 1996 APPROVE CLAIMS Mr. Kevin Horton, City Controller, submitted claims in the amount of $2,008,201.32 dated July 22, 1996 and recommended approval. Mr. Caldwell made a motion that the claims be approved and the reports as submitted be filed. Mr. Leszczynski 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. Leszczynski and carried, the meeting adjourned at 9:52 a.m. BOARD OF PUBLIC WORKS John E. Leszczynski, President 5 es R Caldwell, Member 2 ST: ( - inl-�qp/ro-4 Angela kjJacob, Cl k 1 0 i /