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HomeMy WebLinkAbout12/26/90 Board of Public Works Minutes416 REGULAR MEETING DECEMBER 26, 1990 The regular meeting of the Board of Public Works was convened at 3:03 p.m. on Thursday, December 26, 1990, by Board President John E. Leszczynski, with Mr. Leszczynski and Ms. Katherine Humphreys present. Also present was Chief Assistant City Attorney Jenny Pitts Manier. Board Member Mrs. Patricia E. DeClercq was not in attendance. AGENDA ITEMS ADDED/STRICKEN Upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the following items were added and/or stricken from the agenda at this time: ADD Certificates of Substantial Completion - Wastewater Treatment Plant Improvements Project STRIKE Consulting Services Contract APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Ms. Humphreys, seconded by Mr. Leszczynski and carried, the minutes of the regular meeting of the Board held on December 17, 1990 were approved. PUBLIC HEARING - NECESSITY OF LEASE/PURCHASE OF MUNICIPAL SERVICES FACILITY Mr. Leszczynski advised that this was the date set for the Board's Public Hearing at which time the Board will receive or hear comments from persons interested in or affected by these proceedings and determine the public utility and benefit of the proposed Municipal Services Facility and whether the rental is fair and reasonable for the proposed structure. There being no one present wishing to address the Board concerning this matter, Ms. Humphreys made a motion that the Public Hearing be closed. Mr. Leszczynski seconded the motion which carried. ADOPT RESOLUTION NO. 37-1990 CONFIRMING THE CITY'S INTENT TO ACQUIRE BY LEASE/PURCHASE A MUNICIPAL SERVICES FACILITY AND APPROVE THE FOLLOWING RELATED DOCUMENTS: - AGREEMENT FOR LEASE WITH PURCHASE OPTION BETWEEN LIBERTY NATIONAL LEASING COMPANY AND THE CITY OF SOUTH BEND - AGENCY AND ESCROW AGREEMENT - MUNICIPAL CERTIFICATE - SHORT TERM LEASE Board Attorney Jenny Pitts Manier advised that Resolution No. 37-1990 submitted to the Board confirms the City's intent to execute a Lease Purchase Agreement, as modified, but with the same rental amount, and authorizes the Board to execute all necessary documents to complete the transaction. Therefore, Ms. Humphreys made a motion that the Resolution as submitted be adopted. Mr. Leszczynski seconded the motion which carried and the following Resolution No. 37-1990 was adopted: RESOLUTION NO. 37-1990 RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA CONFIRMING ITS INTENT TO ACQUIRE BY LEASE/PURCHASE A MUNICIPAL SERVICES FACILITY WHEREAS, the Board of Public Works of the City of South Bend, Indiana ("Board") on December 13, 1990, adopted a resolution REGULAR MEETING DECEMBER 26, 1990 entitled "A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, DECLARING ITS INTENT TO ACQUIRE BY LEASE/PURCHASE A MUNICIPAL SERVICES FACILITY" (Resolution) in which it declared its determination to cause to have made certain improvements to certain City -owned property located at 1045 W. Sample Street, South Bend, Indiana, for the purpose of establishing a new municipal services facility to be owned and operated by the City of South Bend,; and WHEREAS, the Board further determined pursuant to said Resolution that the municipal services facility shall be acquired and constructed as follows: (a) By sale of the City -owned property at 1045 W. Sample Street, South Bend, St. Joseph County, being more particularly described as follows: A part of Parcel 2 in the "Inner Belt Industrial Park" a Subdivision in the Southeast and Southwest Quarters (1/4) of Section Eleven (11) and the Northeast Quarter (1/4) of Section Fourteen (14) all in Township Thirty-seven (37) North, Range Two (2) East, the Plat of which is recorded in Plat Book 21, page 1 in the Office of the Recorder of said County and State, which is more specifically described as follows: Beginning at a point 428.71 feet East of the Southwest corner of said Parcel 2; thence West 428.71 feet; thence North 743.76 feet; thence East 428.71 feet; thence South 745.03 feet to the place of beginning. to Liberty National Leasing Company, for improvements to be made thereon, which property and improvements to comprise the Municipal Services Facility to be leased back to the City. (b) By Lease/Purchase with Liberty National, pursuant to a Lease/Purchase Agreement (Lease) proposed to and filed with the Board this day, which Lease is incorporated herein by reference and made a part of this Resolution as fully as if set forth herein and the terms and conditions of which the Board hereby approves and accepts, subject to all requirements of I.C. 36-1-10; Provided: however, that the total facility cost as defined in the Lease, shall not exceed Two Million Dollars ($2,000,000.00). (c) By construction of certain improvements upon said real estate, including site development and appurtenances thereto, with the estimated cost of said improvements and appurtenances, together with architectural and engineering fees for said facility, being Eight Hundred Ninety -Five Thousand Dollars ($ 895,000.00);and WHEREAS, preliminary plans and specifications and estimates of the cost of the proposed work were submitted to, filed with, and adopted by the Board and have been made available for public inspection; and WHEREAS the Resolution provided for public hearing on December 26, 1990 at 3:00 p.m., at 1308 County -City Building, South Bend, Indiana, where all persons are entitled to be heard could address the Board as to whether the execution of the proposed Lease is necessary and whether the rental is fair and reasonable for the proposed structure; and WHEREAS, notice of the public hearing pursuant to I.C. 36-1-10-13, on the proposed Lease, was published one (1) REGULAR MEETING DECEMBER 26, 1990 time in the South Bend Tribune and Tri-County News on December 14, 1990; and WHEREAS, the public hearing was held pursuant to the notice and the Resolution, no written remonstrances were filed, and all interested persons were heard at the public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: 1. The resolution adopted by the Board on December 13, 1990 with respect to the acquisition, improvements, and works of construction for the municipal services facility is in all respects ratified and confirmed. 2. The rental to be paid pursuant to the Lease is fair and reasonable. 3. The Board hereby modifies the Lease proposed to and filed with the Board on December 13, 1990, the terms and conditions of which were approved and accepted in Section II of the Resolution, and authorizes the execution of the Lease as modified and any and all documents necessary to give effect to the Lease and to the intent of this Resolution. Pursuant to I.C. 36-1-10-13, the Clerk of the Board is instructed to give notice of the execution of the Lease by publication in the South Bend Tribune and the Tri-County News, newspapers of general circulation, published in the City of South Bend, with notice to be published one (1) time, within thirty (30) days of this date. Adopted on the 26th day of December, 1990, by the Board of Public Works of the City of South Bend, Indiana. BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA s/John Leszczynski s/Katherine Humphreys ATTEST: s/Sandra M. Parmerlee Additionally, Ms. Humphreys made a motion that the Agreement for Lease with Purchase Option Between Liberty National Leasing Company and the City of South Bend, the Agency and Escrow Agreement, the Municipal Certificate and the Short Term Lease as submitted pursuant to authorization granted in the above referred to Resolution, be approved and executed. Mr. Leszczynski seconded the motion which carried. APPROVE EASEMENTS - MEMORIAL HOSPITAL Mr. Leszczynski advised that pursuant to the request submitted to the Board on November 5, 1990 from Memorial Hospital requesting five (5) Temporary Easements until December 31, 1993, the Easements have been prepared and are being submitted to the Board at this time for approval. It is noted that one Easement is a continuation of a temporary Easement granted in the past, two (2) are new temporary Easements and two (2) serve to make legal Memorial's occupancy of public right-of-way initially undertaken without Board approval. 1 1] 1 419 REGULAR MEETING DECEMBER 26, 1990 All of the Easements are to allow telephone wires to connect thee various buildings that comprise Memorial's campus and all expire on December 31, 1993. Mr. Leszczynski made a motion that the Easements be approved. Ms. Humphreys seconded the motion which carried. APPROVE AGREEMENT FOR ENGINEERING SERVICES IN CONNECTION WITH SOUTH BEND RESOURCE RECOVERY STUDY Mr. Leszczynski advised that the City believes in and is committed to the conservation of its natural resources and preservation of the environment. Through a program that has optimum reuse of materials through development of recycling markets the City can best achieve its goals. Therefore, Mr. Leszczynski requested that the Board approve an Agreement for Engineering Services In Connection With South Bend Resource Recovery Study as submitted by Tenney Pavoni Associates, Inc., to do an analysis of the solid waste collection system and means of revamping the system including possible recycling, composting, etc. Mr. Leszczynski noted that the term of the Agreement is six (6) months with total compensation not to exceed $50,000.00. Ms. Humphreys made a motion that the Agreement be approved. Mr. Leszczynski seconded the motion which carried. APPROVE AGREEMENTS - PHASE I AND II - OLD CLEVELAND ROAD REALIGNMENT Mr. Leszczynski advised that as part of the Airport 2010 Project, the Board of Public Works, as agent and on behalf of the Department of Economic Development, is in receipt of a Standard Form of Agreement between Owner and Engineer for Professional Services as submitted by Cole Associates, Inc., 2211 East Jefferson Boulevard, South Bend, Indiana, which indicates that Cole will prepare plans, specifications and right-of-way drawings and related items necessary for the purchase of rights -of -way and the construction of relocated Old Cleveland Road from the U.S. 31 South Bend Bypass to Mayflower Road. The cost for these engineering services is $144,650.00. For the record, Mr. Leszczynski noted that Section 7.6 of the Agreement entitled Arbitration should be stricken from the Agreement. Additionally, the Board is in receipt of an Agreement for Professional Services as submitted by Ken Herceg & Associates, Inc., for engineering services for design of Old Cleveland Road realignment from Mayflower Road east to Old Cleveland Road, west of Bendix Drive. This Agreement, in an amount not to exceed $149,860.00 is for Phase II of this Project. Therefore, Ms. Humphreys made a motion that the Agreements as submitted be approved and executed subject to Section 7.6 Arbitration Clause of the Agreement submitted by Cole Associates being stricken. Mr. Leszczynski seconded the motion which carried. ACCEPT AND APPROVE SUBSTANTIAL COMPLETION CERTIFICATES - WASTEWATER TREATMENT PLANT IMPROVEMENTS PROJECT Mr. Karl Kopec, Operations Manager, Environmental Services, submitted to the Board three (3) Substantial Completion Certificates for the approval of the Bar Screen Building, the Reuse Water Building and Aeration Tank No. 1. Mr. Kopec requested that the Board approve these Certificates as submitted. Mr. Leszczynski made a motion that the Certificates be accepted and approved. Ms. Humphreys seconded the motion which carried. 420 REGULAR MEETING DECEMBER 26, 1990 ADJOURNMENT There being no further business to come before the Board, upon a motion made by Ms. Humphreys, seconded by Mr. Leszczynski and carried, the meeting adjourned at 3:11 p.m. c' J hn Leszczyn -f 4 Patri(pia E. DeClercq AS ATT ST : t� . 1- Sandra M. Parmerlee, Clerk 1 1