HomeMy WebLinkAbout08/19/96 Board of Public Works MinutesREGULAR MEETING AUGUST 19, 1996
The regular meeting of the Board of Public Works was convened at 9:30 a.m. on Monday, August
19, 1996, by Board President John E. Leszczynski, with Mr. Leszczynski, Mr. James R. Caldwell
and Mrs. Jenny Pitts Manier present. Board Attorney Anne Bruneel was not present.
APPROVE MINUTES OF PREVIOUS MEETING
Upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried, the minutes of the
regular meeting of the Board held on August 12, 1996, were approved.
OPENING OF BIDS - ONE (1) MORE OR LESS DISC TYPE CHIPPER
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:
BEST EQUIPMENT COMPANY, INC.
2804 N. Catherwood Avenue
Indianapolis, Indiana 46219
Bid was signed by Mr. Norman G. Dahlmann, C.E.O.
Non -Collusion Affidavit was in order
Non -Discrimination Commitment form was completed
Ten per cent (10%) Bid Bond was submitted
BID: $19,280.00
Delivery: 45 days after order
Upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried, the above bid was
referred to the Division of Equipment Services for review and recommendation.
APPROVE CONSTRUCTION CONTRACT AND CHANGE ORDER - RENOVATIONS OF
ROBERTSON' S BUILDING - BID PACKAGE NO.2 - ELEVATOR RENOVATION - PROJECT
NO. 96-48-2
Mr. Leszczynski advised that in accordance with the bid awarded on July 15, 1996, to Montgomery
Kone, Inc., 1315 East State Boulevard, Fort Wayne, Indiana, in the amount of $171,859.00 for the
above referred to project, a Contract in said amount was being submitted for Board approval, subject
to the Rider attached. Upon a motion made by Mrs. Manier, seconded by Mr. Caldwell and carried,
the Contract was approved and the appropriate Certificate of Insurance, Performance Bond and
Labor and Materials Payment Bond as submitted were filed. Additionally submitted was Change
Order No. 1, indicating a decrease of $17,346.00, for a new contract sum of $154,513.00. Upon a
motion made by Mrs. Manier, seconded by Mr. Caldwell and carried, the Change Order was
approved.
APPROVE CHANGE ORDER - LILAC ROAD SEWER AND WATER EXTENSION - PROJECT
NO. 95-77
Mr. Leszczynski advised that Mr. Bob Allen, Public Construction Manager, has submitted Change
Order No. 1 on behalf of LaFree Excavating, Inc., 1251 West 3rd Street, Osceola, Indiana, indicating
that the Contract amount be increased $8,165.00 for a new Contract sum including this Change
Order in the amount of $82,965.00. Upon a motion made by Mr. Caldwell, seconded by Mr.
Leszczynski and carried, the Change Order was approved.
APPROVE CHANGE ORDER - ANIMAL CONTROL SHELTER - PROJECT NO. 96-13
Mr. Leszczynski advised that Mr. Bob Allen, Public Construction Manager, has submitted Change
Order No. 3, on behalf of Kaser Spraker Construction, 25487 West State Road 2, South Bend,
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REGULAR MEETING AUGUST 19, 1996
Indiana indicating that the Contract amount be decreased $4,060.00 for a new Contract sum
including this Change Order in the amount of $106,065.00. Upon a motion made by Mr. Caldwell,
seconded by Mr. Leszczynski and carried, the Change Order was approved.
APPROVAL OF AGREEMENT - UTILIZATION REVIEW SERVICES - INTRACORP
Mr. Leszczynski stated that the Board is in receipt of an Agreement between the City of South Bend
and International Rehabilitation Associates, Inc., d/b/a/ Intracorp, Two Liberty Place, 1601 Chestnut
Street, Philadelphia, Pennsylvania, for utilization of one or more of the medical cost containment
services in conjunction with the provision of health care services. This Agreement shall commence
effective January 1, 1996, and shall remain in effect so long as the Agreement for excess medical
liability insurance coverages between the City and Ohio National, effective as of January 1, 1996,
remains in effect, however, in no event shall the term of this Agreement extend beyond midnight,
December 31,1998. Therefore, upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and
carried, the Agreement was approved and executed.
APPROVAL OF AGREEMENT - P.P.O.CONTRACT WITH SELECT HEALTH NETWORK
INC.
Mr. Leszczynski stated that the Board is in receipt of an Agreement between the City of South Bend
and Select Health Network, Inc., Post Office Box 1197, South Bend, Indiana, for providing a health
care provider which will provide available services to the employees and dependents of the
employees of the City of South Bend enrolled in the Plan. Therefore, upon a motion made by Mr.
Leszczynski, seconded by Mr. Caldwell and carried, the Agreement was approved and executed.
ADOPT RESOLUTION NO.60-1996 - ADOPT A WRITTEN FISCAL PLAN AND ESTABLISH
A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA IN CLAY
TOWNSHIP (ADLER ANNEXATION)
Upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the following
Resolution was adopted by the Board of Public Works. Mr. Larry Magliozzi, City Planner, was
present and stated that this was a voluntary annexation, for use as a parking lot. Additionally, Mr.
Magliozzi stated that the new State law indicates that all right-of-ways are to be included in the
annexation, and that the City will share in services with the County.
RESOLUTION NO.60-1996
A RESOLUTION OF THE BOARD OF PUBLIC WORKS
OF THE CITY OF SOUTH BEND ADOPTING A WRITTEN FISCAL PLAN
AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES
TO ANNEXED AREA IN CLAY TOWNSHIP
(ADLER ANNEXATION)
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 .99 acres of
land, located in Clay Township, at the Southwest corner of State Road #23 and Maple Lane Avenue;
is contiguous to the City of South Bend, thirteen and 9/10 percent (13.9%) of its aggregate external
boundaries coinciding with the boundaries of the City of South Bend; and is needed and can be used
by the City for its development in the reasonably near future. 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 which services of a non -capital nature, including street and road
maintenance, and services of a capital improvement nature, including street construction, street
lighting, sewer facilities, and storm water facilities; and
WHEREAS, the Board of Public Works of the City of South Bend 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
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REGULAR MEETING AUGUST 19. 1996
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 those services will be provided to the annexed
area within three (3) years after the effective date of the annexation, and that they will be provided
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 (5) 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.
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 19th day of August, 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
A PARCEL OF LAND LOCATED IN THE WEST %2 OF THE SW 1/4 OF SEC. 32, T.38N., R.3E.,
CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 148 OF MAPLE LANE SUBDIVISION;
THENCE NORTH ALONG THE WEST LINE OF SAID LOT TO THE SOUTH LINE OF LOT
146 OF SAID SUBDIVISION, ALSO BEING THE NORTH RIGHT-OF-WAY LINE OF STATE
ROAD NO.23; THENCE IN A NORTHEASTERLY DIRECTION FOLLOWING SAID RIGHT-
OF-WAY LINE TO THE SOUTHWESTERLY CORNER OF LOT 233 OF SAID SUBDIVISION;
THENCE SOUTHWESTERLY TO THE NORTHWESTERLY CORNER OF LOT 238 OF SAID
SUBDIVISION; THENCE SOUTH ALONG THE WEST LINE OF SAID LOT AND THE WEST
LINES OF LOTS 241 AND 242 OF SAID SUBDIVISION TO THE SOUTHWEST CORNER OF
LOT 242 OF SAID SUBDIVISION; THENCE WEST TO THE SOUTHEAST CORNER OF LOT
149 OF SAID SUBDIVISION; THENCE WEST ALONG THE SOUTH LINES OF LOTS 149
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REGULAR MEETING _ AUGUST 19, 1996
AND 14§ kOF SAID SUBDIVISION TO THE POINT OF BEGINNING.
ADOPT RESOLUTION NO.61-1996 - ACCEPT THE TRANSFER OF REAL PROPERTY FROM
THE CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT
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.61-1996
A RESOLUTION OF THE BOARD OF PUBLIC WORKS
OF THE CITY OF SOUTH BEND, INDIANA,
ACCEPTING THE TRANSFER OF REAL PROPERTY
FROM THE CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT
WHEREAS, the City of South Bend, Indiana, Department of Redevelopment
(Redevelopment) is the owner of the following described real property situated in St. Joseph County,
Indiana:
35.35' middle part lot G and 35.35' middle part lot F - Rush's 3rd Addition.
Commonly known as 605 Bronson Street Key No. 18-3031-1184 (hereinafter
referred to as the Real Property),
and;
WHEREAS, pursuant to I.C. 36-7-14-3, the South Bend Redevelopment Commission
(Commission) is the governing body of the City of South Bend, Department of Redevelopment and,
pursuant to I.C. 36-7-14-12.2 may dispose of the Real Property; and
WHEREAS, Redevelopment, through the Commission, is desirous of transferring the Real
Property to the City of South Bend, Indiana, with the understanding that the City of South Bend,
Indiana, through its Board of Public Works, will subsequently dispose of the Real Property to the
Housing Development Corporation of St. Joseph County, Inc., a non-profit corporation, exempt from
income taxation under Section 5030 of the Internal Revenue Code, for use for housing purposes;
and
WHEREAS, pursuant to I.C. 36-1-11-8, Redevelopment, acting through the Commission and
the City, acting by and through the Board, may exchange or transfer property with one another 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 August 16, 1996
adopted its Resolution No. approving the transfer of the Real Property to the City for $1.00
and upon the terms described hereinabove.
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:
35.35' middle part lot G and 35.35' middle part lot F - Rush's 3rd Addition.
Commonly known as 605 Bronson Street Key No. 18-3031-1184
for $1.00 and upon the terms set forth hereinabove, by the City of South Bend, Indiana, Department
of Redevelopment to the City of South Bend, Indiana, for subsequent transfer to the Housing
Development Corporation of St. Joseph County, Inc., shall be, and hereby is, accepted.
2. That the Clerk of the Board of Public Works shall cause the recording of the
quitclaim deed conveying the Real Property to the City of South Bend, Indiana upon the receipt of
REGULAR MEETING AUGUST 19, 1996
the same.
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
August 19,1996, 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, President
s/Jenny Pitts Manier, President
ATTEST:
s/Angela K. Jacob, Clerk
ADOPT RESOLUTION NO.62-1996 - TRANSFER OF REAL PROPERTY TO THE HOUSING
DEVELOPMENT CORPORATION OF ST. JOSEPH COUNTY, INC.
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. 62-1996
A RESOLUTION OF THE BOARD OF PUBLIC WORKS
OF THE CITY OF SOUTH BEND, INDIANA,
APPROVING THE TRANSFER OF REAL PROPERTY
TO THE HOUSING DEVELOPMENT CORPORATION
OF ST. JOSEPH COUNTY, INC.
WHEREAS, the City of South Bend, Indiana (the "City") is the owner of the following
described real property situated in St. Joseph County, Indiana:
35.35' middle part lot G and 35.35' middle part lot F - Rush's 3rd Addition.
Commonly known as 605 Bronson Street Key No. 18-3031-1184 (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 Housing
Development Corporation of St. Joseph County, Inc., a non-profit corporation, exempt from income
taxation under Section 5030 of the Internal Revenue Code, for use for housing purposes; and
WHEREAS, pursuant to I.C. 36-1-11-1(b), the City, acting by and through the Board, may
transfer property to an Indiana non-profit corporation, exempt from income taxation under Section
5030 of the Internal Revenue Code, under such terms and conditions as determined by the Board.
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:
35.35' middle part lot G and 35.35' middle part lot F - Rush's 3rd Addition.
Commonly known as 605 Bronson Street Key No. 18-3031-1184
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REGULAR MEETING AUGUST 19, 1996
for $1.00 and subject to the conditions set forth hereinabove, by the City of South Bend, Indiana to
the Housing Development Corporation of St. Joseph County, Inc., 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 Housing Development Corporation of St. Joseph
County, Inc.
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
August 19,1996, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana
46601.
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
John E. Leszczynski
James R. Caldwell
Jenny Pitts Manier
ATTEST:
s/Angela K. Jacob, Clerk
APPROVAL OF GRANT OF PERPETUAL EASEMENT
Mr. Leszczynski stated that a Grant of Perpetual Easement has been submitted to the Board for
approval, by Cleo and Era Gean, 22332 Cloyd Street, South Bend, Indiana, for a perpetual easement
at 22332 Cloyd Street for the installation, construction, operation, maintenance, adjustment,
replacement, repair, alteration, removal, modernization, and use of a water main and related
facilities, with the right of ingress to and egress from said easement, in conjunction with the Dollar
Lake area water service supply. Therefore, upon a motion made by Mr. Caldwell, seconded by Mrs.
Manier and carried, the Grant of Perpetual Easement was approved.
APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - PUBLIC WORKS
IMPROVEMENTS TO LOT 1 - BLACKTHORN CORPORATE PARK - PROJECT NO. 95-86
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 an entrance roadway, sanitary sewer, and lift station to serve the
developments underway on Lot 1 of Blackthorn Corporate Park. The Department of Community
and Economic Development and the Division of Environmental Services have appropriated
sufficient funds for this project. 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 REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - NORTHEAST
NEIGHBORHOOD SIDEWALK, CURB & APPROACH REPAIRS - 1100-1200 BLOCKS OF
BISSELL STREET - PROJECT NO.96-54
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 replace curbs, walks and approaches in two blocks of Bissell Street. The
Department of Community and Economic Development has appropriated sufficient CDBG funds
for this project. 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 RECOMMENDATION TO ENCROACH ONTO PUBLIC RIGHT-OF-WAY -
CONSTRUCTION OF TEMPORARY FENCE AROUND ROBERTSON'S BUILDING
Mr. Leszczynski advised that the Board is in receipt of a favorable recommendation from the
Division of Engineering for the construction of an eight (8) foot high temporary fence around the
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REGULAR MEETING
AUGUST 19, 1996
north and east side of the Robertson's building, in conjunction with the renovation of the building.
The number of parking spaces occupied will be twenty-four (24), and the duration the temporary
fence is to be in place will be fourteen (14) months. Upon a motion made by Mr. Caldwell,
seconded by Mrs. Manier and carried, the recommendation was approved.
APPROVE TRAFFIC CONTROL DEVICES
Upon a motion made by Mr. Caldwell, seconded by Mr. Leszczynski and carried, the following five
(5) traffic control devices were approved:
REMOVAL OF:
Handicap Sign
LOCATION:
1345 West Fisher
REMARKS:
Signs are not needed.
NEW INSTALLATION: Handicap Sign
LOCATION: 1510 South Taylor
REMARKS: Mr. Kimmel has met all requirements
NEW INSTALLATION: Handicap Sign
LOCATION: 1148 North Meade
REMARKS: Ms. Valentine has met all requirements
NEW INSTALLATION: Handicap Sign
LOCATION: 305 East Woodside
REMARKS: Mr. Gilbertson has met all requirements
NEW INSTALLATION: Stop Sign - Four-way
LOCATION Tucker and Kaley
APPROVE TITLE SHEETS
- PUBLIC WORKS IMPROVEMENTS TO LOT_1 - BLACKTHORN CORPORATE PARK -
PROJECT NO. 95-86
- NORTHEAST NEIGHBORHOOD IMPROVEMENTS - BISSELL STREET-1100-1200
BLOCKS - PROJECT NO. 96-54
Mr. Leszczynski advised that the Title Sheets for the above referred to projects were being presented
at this time for execution. Upon a motion made by Mrs. Manier, seconded by Mr. Caldwell and
carried, the above referred to Title Sheets were approved and signed.
APPROVE CLAIMS
Mr. Kevin Horton, City Controller, submitted claims in the amount of $672,126.24 dated August
12, 1996; $445,449.87 dated August 5, 1996; and $1,365,991.56 dated August 19, 1996 and
recommended approval. Mr. Caldwell made a motion that the claims be approved and the reports
as submitted be filed. Mrs. Manier seconded the motion which carried.
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REGULAR MEETING
AUGUST 19, 1996
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 9:40 a.m.
BOARD OF PUBLIC WORKS
James R. Caldwell, Member
?Je7nnyPittsanier, Member
A ST:
Angela K. acob, Clerk
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