HomeMy WebLinkAbout08/28/95 Board of Public Works MinutesREGULAR MEETING AUGUST 28, 1995
The regular meeting of the Board of Public Works was convened at 9:32 a.m. on Monday, August
28, 1995, by Board President John E. Leszczynski, with Mr. Leszczynski and Mrs. Jenny Pitts
Manier present. Board Member James R. Caldwell and Board Attorney Anne Bruneel were not
present.
ADD AGENDA ITEM/AGENDA ITEM STRICKEN
Upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried, the Agenda item
for a Contract for engineering services was stricken from the Agenda, and an Agreement for
equipment purchase was added.
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 21, 1995, were approved.
PUBLIC HEARING - TRANSIENT MERCHANT LICENSE - SHIPSHEWANA ON THE ROAD
Mr. Leszczynski advised that this was the date set for the Board's Public Hearing concerning
Shipshewana on the Road, to be held at the Century Center, on Tuesday, December 12 and
Wednesday, December 13, 1995, from 11:00 a.m. until 9:00 p.m., and Thursday, December 14,
1995, from 11:00 a.m. until 7:00 p.m., for the purpose of selling clothing, jewelry, home decorating,
housewares, crafts, cleaning supplies, toys, wood furniture, and other miscellaneous items. Mr.
Darrell Lepper, 3031 Harrison Road, East Leroy, Michigan submitted the Transient Merchant
License for Board approval. Mr. Lepper was present, and stated that this would be the third year
they have conducted this event in South Bend, and the past two (2) years were well attended.
There being no one else present wishing to address the Board concerning this matter, the Public
Hearing was closed. Therefore, upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski
and carried, the Application for Transient Merchant License was approved.
PUBLIC HEARING - TRANSIENT MERCHANT LICENSE - VAL CAR RENTAL CAR SALES
Mr. Leszczynski advised that this was the date set for the Board's Public Hearing concerning an
Application for a Transient Merchant License, as submitted by Mr. Gary L. Levine, 3184 Smokey
Ridge Lane, Carmel, Indiana, to conduct the sale of used vehicles on Wednesday, October 11
through Friday, October 13, 1995, from 9:00 a.m. until 9:00 p.m. and Saturday, October 14, 1995,
from 9:00 a.m. until 6:00 p.m. There being no one else present wishing to address the Board
concerning this matter, the Public Hearing was closed.
Therefore, upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried, the
Application for a Transient Merchant License was approved.
OPENING OF BIDS - GRIT CHANNEL REBUILD - WASTEWATER TREATMENT PLANT
This was the date set for receiving and opening of sealed bids for the above referred to project. 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:
BEARING HEADQUARTERS
1625 Commerce Drive
South Bend, Indiana 46628
Bid was signed by Ms. Anne M. Vargyas
Non -Collusion Affidavit was in order
Non -Discrimination Commitment form was completed
Five per cent (5%) Bid Security was submitted
BID: $24,902.67
REGULAR MEETING AUGUST 28, 1995
Upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried, the above bid was
referred to the Division of Environmental Services for review and recommendation.
AWARD BID - WESTSIDE PARTNERSHIP CENTER - SIDEWALK CURB AND APPROACH
REPAIRS - PROJECT NO. 95-44
Mr. Carl P. Littrell, Director, Division of Engineering, advised the Board that on August 21, 1995,
bids were received and opened for the above referred to project. After reviewing those bids, Mr.
Littrell recommends that the Board award the contract to Rieth Riley Construction, Post Office Box
1775, South Bend, Indiana, in the amount of $171,260.30. Therefore, Mrs. Manier made a motion
that the recommendation be accepted and the bid be awarded as outlined above. Mr. Leszczynski
seconded the motion which carried.
APPROVAL OF AGREEMENT - EQUIPMENT PURCHASE - AMERITECH
Mr. Leszczynski stated that the Board is in receipt of an Agreement between the City of South Bend
and Ameritech, 135 North Pennsylvania, Indianapolis, Indiana, for the purchase of telephone
equipment. Mr. Leszczynski noted that the Agreement is in the amount of $7,633.64. Therefore,
upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried, the Agreement was
approved and executed.
APPROVE CHANGE ORDER - WATER WORKS RENOVATIONS - PROJECT NO 94-93
Mr. Leszczynski advised that Mr. Timothy Wall, Mathews-Purucker-Anella, Inc., has submitted
Change Order No. G-1, on behalf of Gibson -Lewis, Inc., 1001 West I Ith Street, Mishawaka,
Indiana,indicating that the Contract amount be increased $18,294.00 for a new Contract sum
including this Change Order in the amount of $192,094.00. Upon a motion made by Mr.
Leszczynski, seconded by Mrs. Manier and carried, the Change Order was approved.
APPROVE CHANGE ORDER - CENTURY CENTER REMODELING - PROJECT NO 94-83
Mr. Leszczynski advised that Mr. Joseph Matthews, Mathews-Purucker, Inc., 218 South Frances,
South Bend, Indiana, has submitted Change Order No. G-11, on behalf of Reinke Construction, 1216
West Sample Street, South Bend, Indiana,indicating that the Contract amount be increased
$14,973.39 for a new Contract sum including this Change Order in the amount of $2,370,059.55.
Upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried, the Change Order
was approved.
APPROVE CHANGE ORDER NO 1 (FINAL) AND PROJECT COMPLETION AFFIDAVIT -
CURB AND SIDEWALK PROGRAM - ZONE I ID - PROJECT NO 94-22
Mr. Leszczynski advised that Mr. Bob Allen, Manager, Public Construction has submitted Change
Order No. 1 (Final), on behalf of Marvin Crayton Construction, 305 South Lake Street, South Bend,
Indiana, indicating that the contract amount be decreased by $52,222.77 for a new contract sum
including this Change Order in the amount of $63,038.13. 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 subject to the filing of the appropriate three-year Maintenance Bond.
ADOPT RESOLUTION NO.48-1995- TRANSFER OF REAL PROPERTY FROM THE SOUTH
BEND REDEVELOPMENT COMMISSION
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.48-1995
A RESOLUTION OF THE BOARD OF PUBLIC WORKS
OF THE CITY OF SOUTH BEND, INDIANA,
ACCEPTING THE TRANSFER OF REAL PROPERTY
FROM THE SOUTH BEND REDEVELOPMENT COMMISSION
REGULAR MEETING AUGUST 28. 1995
WHEREAS, the City of South Bend, Department of Redevelopment (Redevelopment),
whose governing body is the South Bend Redevelopment Commission (the "Commission") is the
owner of or is negotiating for the purchase of the following described real property situated in St.
Joseph County, Indiana:
See Exhibit "A," attached
(hereinafter collectively referred to as the Real Property) and;
WHEREAS, the Commission desires to transfer the Real Property to the City of South Bend
with the intent and upon the condition that the City of South Bend reconvey the real property to the
South Bend Heritage Foundation, Inc. (SBHF) for the sum of One Dollar ($1.00) per lot
subsequently conveyed, for use in connection with its house move project taking place in the
Sample -Ewing Development Area; and
WHEREAS, the Commission, prior or subsequent to the conveyance of the Real Property
to the City intends to replat or cause the replat of the Real Property and to relocate to the Real
Property a certain number of residential structures and intends that the subsequent reconveyance to
SBHF, and the purchase price of One Dollar ($1.00) per lot conveyed to SBHF, may include the
conveyance of both the Real Property (or a portion thereof) and any structures subsequently moved
thereon; and
WHEREAS, the City desires to acquiring the Real Property from the Commission upon these
terms and conditions and desires to facilitate the house move project in this manner; 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, pursuant to I.C. 36-1-11-8, the City of South Bend, 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.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS
OF THE CITY OF SOUTH BEND AS FOLLOWS:
1. That the transfer of the following described real property situated in St. Joseph County,
Indiana by the City of South Bend, Department of Redevelopment, acting by and through the South
Bend Redevelopment Commission to the City of South Bend, Indiana:
See Exhibit "A," attached
for the sum of One Dollar ($1.00) per parcel, and pursuant to the terms set forth above, shall be, and
hereby is, accepted.
2. That the acceptance of the conveyance of the Real Property from the Commission is
conditioned upon the adoption of a resolution substantially similar in its terms to the terms of this
resolution by the South Bend Redevelopment Commission.
3. That to the extent necessary, the Board and City agree to cooperate with the replat of the
Real Property.
4. That upon receipt of a fully executed quitclaim deed to the Real Property from the
Commission, the Clerk of the Board is hereby authorized and directed to pay to the Commission,
on behalf of the Board, the sum of One Dollar ($1.00) per parcel conveyed and to cause the
recording of said quitclaim deed.
REGULAR MEETING AUGUST 28. 1995
5. That this Resolution shall be in full force and effect upon its adoption.
ADOPTED this 28th day of August, 1995.
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
s/John E. Leszczynski, President
s/Jenny Pitts Manier
ATTEST:
s/Angela K. Jacob, Clerk
EXHIBIT A
A parcel of land Fifty-five (55) feet in length, North and South, taken off of the
entire North end of Lot Numbered One Hundred Fifty-five (155) as shown on
Wenger and Krieghbaum's Replat of a part of Martin L. Wenger's Sixth Addition
to the City of South Bend. Key No. 18-7015-0570;
Lot Numbered One Hundred Fifty-five (155) as shown on the recorded Plat of
Martin L. Wenger's Sixth Addition to the City of South Bend, in St. Joseph
County, Indiana, excepting therefrom a lot or parcel of land fifty-five (55) feet in
length, North and South, taken off of and from the entire width of the North end
thereof, and excepting also a lot or parcel of land Forty (40) feet in length, North
and South, taken off of and from the entire width of the South end thereof. Key
No. 18-7015-0571;
A lot or parcel of land 40 feet in width, North and South, taken off of and from the
entire width of the South end of Lot Numbered 155 as shown on the recorded Plat
of Wenger and Krieghbaum's Replat of part of Martin L. Wenger's Sixth Addition
to the City of South Bend,
Also a part of Lot Numbered 154 as shown on the recorded Plat of Wenger and
Krieghbaum's Replat of a part of Martin L. Wenger's Sixth Addition to the City of
South Bend described as follows, viz:
Beginning at the Southwest corner of said Lot Numbered 154; thence North on the
West line of said Lot a distance of 40 feet; thence East 36 feet; thence South 40
feet; thence West 36 feet to the place of beginning. Key No. 18-7015-0572;
Lot Numbered One Hundred Fifty-three (153) as shown on the recorded Plat of
Wengers & Krieghbaum Replat of a part of M.L. Wenger's Sixth Addition,
recorded April 1, 1903 in the Office of the Recorder of St. Joseph County, Indiana,
in Plat Book 8, page 103. Key No. 18-7015-0575;
Lot Numbered One Hundred Fifty-two (152) 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. 18-7015-0576;
Lot Numbered One Hundred Fifty-four (154) as shown on the recorded Plat of
M.L. Wenger's Sixth Addition to the City of South Bend, excepting therefrom a
lot or parcel of land bounded by a line running as follows, viz: Beginning at the
Southwest corner of said Lot No.One Hundred Fifty-four (154), thence running
North on the West line of said Lot a distance of 40 feet; thence East 36 feet; thence
South 40 feet to the South line of said lot; thence West on said South line 36 feet
to the place of beginning, recorded April 1, 1903 in the Office of the Recorder of
St. Joseph County, Indiana, in Plat Book 8, page 103. Key No. 18-7015-0573.
Mi
REGULAR MEETING AUGUST 28. 1995
FAVORABLE RECOMMENDATION - PETITION TO VACATE AN ALLEY
Mr. Leszczynski indicated that the Common Council has submitted to the Board a Vacation Petition
as completed by Mr. Brendan Bellina, 1430 Chester Street, South Bend, Indiana to vacate the
following alley:
a public way located on the centerline of the first vacated alley west of South Twyckenham Drive
from the south right-of-way line of East Chester Street to the north right-of-way line of the first
east -west alley south of East Chester Street for a width of five (5) feet and a length of
approximately 121.2 feet. Part is situated 2.5 feet each way of the centerline of the vacated alley
and is in Sunnymede's Third Addition to the City of South Bend, St. Joseph County, Indiana.
Part was retained as a public way as described in alley vacation Resolution Number 2515.
Mr. Leszczynski advised that the Board is in receipt of favorable recommendations concerning this
Vacation Petition from the Area Plan Commission, Police Department, Fire Department, Sanitation,
Department of Economic Development and the Department of Public Works. Therefore, Mrs.
Manier made a motion that the Board send a favorable recommendation to the Common Council
concerning this Vacation Petition. Mr. Leszczynski seconded the motion which carried.
APPROVE REQUEST TO ADVERTISE FOR RECEIPT OF BIDS - SALE OF ABANDONED
VEHICLES
Mrs. Kathy Dempsey, Director, Department of Code Enforcement, requested permission to advertise
for the sale of approximately twenty-six (26) abandoned vehicles, which are being stored at Super
Auto Salvage Corporation, 3300 South Main Street, South Bend, Indiana. It was noted that all
vehicles have been stored more than fifteen (15) days, identification checks had been run for auto
theft and the owners and lienholders notified. Upon a motion made by Mr. Leszczynski, seconded
by Mrs. Manier and carried, the above request was approved.
APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - IRONWOOD
DRIVE ROADWAY RECONSTRUCTION - PHASE II - RANDOLPH STREET SANITARY
SEWER EXTENSION - PROJECT NO. 95-03
In a memorandum to the Board, Mr. Carl P. Littrell, Director, Division of Engineering, requested
permission to advertise for the sale of bids for the above referred to project. Mr. Littrell stated that
this project will re-route several sanitary sewers west of Ironwood Drive between Ewing Avenue and
the Conrail Railroad, ultimately separating the current combined sewer system on Ironwood.
Therefore, upon a motion made by Mr. Leszczynski , seconded by Mrs. Manier and carried, the
request was approved.
APPROVAL OF REQUEST TO CONDUCT PUBLIC AUCTION - SOUTH BEND POLICE
DEPARTMENT
In a letter the Board, Chief Ronald G. Marciniak, requested permission to conduct a public auction
of unclaimed property as allowed by law, to be conducted by Kaser's Auction Service, 68099
Sycamore Road, South Bend, Indiana, on Saturday, October 7, 1995, at 8:30 a.m. at the Police
Station, 701 West Sample Street, South Bend, Indiana. Upon a motion made by Mrs. Manier,
seconded by Mr. Leszczynski and carried, the request was approved.
REQUESTS REFERRED
Upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried, the following
requests were referred to the appropriate Bureaus and Departments for recommendation:
- TO CONDUCT BLOCK PARTY
Ms. Suzanne Gibbons, 1238 Academy Place, South Bend, Indiana, requested permission to conduct
a block party on Sunday, October 1, 1995, from 1:00 p.m. until 8:00 p.m., on Academy Place from
Inglewood Place to Riverside Drive.
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REGULAR MEETING AUGUST 28, 1995
- TO CONDUCT BLOCK PARTY
Ms. Jeanne Weir, 1525 East LaSalle Avenue, South Bend, Indiana, requested permission to conduct
a block party on Sunday, September 24, 1995, from 3:00 p.m. until 8:00 p.m., on LaSalle Avenue,
from Twyckenham to Esther.
FILING OF HUMANE SOCIETY MONTHLY REPORT - JUNE 1995
Mr. Leszczynski indicated that the Board is in receipt of the monthly report as submitted by the
Humane Society of St. Joseph County, Inc., for the month of June, 1995. The report indicates the
type and number of animals handled for the City of South Bend. Mr. Leszczynski made a motion
that the report be accepted for filing as submitted. Mrs. Manier seconded the motion which carried.
APPROVE AND/OR RELEASE CONTRACTOR BONDS
Mr. Larry D. Spradlin, Sr., Engineer, Division of Engineering, recommended that the following
Contractor Bonds be approved and/or released as follows:
BOND OF CONTRACTOR
Gary Hartman d/b/a Hartman Home Repair Approved Effective August 21, 1995
Holy Cross Shared Services, Inc. Released Effective August 28, 1995
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 TITLE SHEETS
- IRONWOOD DRIVE ROADWAY RECONSTRUCTION - PHASE I - RANDOLPH STREET
SANITARY SEWER EXTENSION - PROJECT NO 95-03
- MICHIGAN STREET AT IRELAND ROAD INTERSECTION UPGRADE - PROJECT NO 95-
79
Mr. Leszczynski advised that the Title Sheets for the above referred to project s were being presented
at this time for execution. Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier 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 $1,063,639.50 and
$1,234,570.24 and recommended approval. Additionally, Mr. Juan Manigault, Executive Director,
WDS of Northern Indiana, submitted one (1) list containing claims in the amount of $56,291.20 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.
4 5-
REGULAR MEETING
AUGUST 28, 1995
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 9:45 a.m.
BOARD OF PUBLIC WORKS
ATTEST:
Angela K. acob, Cler
4Jamn R. Caldwell, M mber
Zenny Pitt anier, Member