HomeMy WebLinkAbout10/14/85 Board of Public Works MinutesREGULAR MEETING OCTOBER 14, 1985
The regular meeting of the Board of Public Works was convened at,;
9:30 a.m. on Monday, October 14, 1985, by President John E.
Leszczynski, with Mr. Leszczynski, Ms. Katherine G. Barnard
and Mr. Michael L. Vance present. Also present was Assistant
City Attorney Carolyn V. Pfotenhauer.
APPROVE -MINUTES OF PREVIOUS MEETING
Upon a motion made by Ms. Barnard, seconded by Mr. Vance, and
carried, the minutes of the October 7, 1985, regular meeting of
the Board were approved.
OPENING OF BIDS - L.W.W./LA SALLE INTERSECTION IMPROVEMENT
CT
ThiE 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:
ZIOLKOWSKI CONSTRUCTION, INC. BID: $9,708400
Box 1106.
South Bend, Indiana 46624
Bid was signed by Ben.Ziolkowski, President and Roberta
Ziolkowski, Secretary, Non -Collusion Affidavit was in or -der
and a 5% Bid Bond was submitted.
MC INTYRE & JONES CONSTRUCTION BID: $11,210.00
COMPANY, INC.
2526 West 6th Street
Mishawaka, Indiana 46544
Bid was signed by Kenneth A. McIntyre, President and Dorothy
McIntyre, Secretary, Non -Collusion Affidavit was in order and
a 5% Bid Bond was submitted.
KASER-SPRAKER .CONSTRUCTION, INC. BID: $12,815.00
2 5 4 8 7 ,We7 st State _Road 2
P.O. Box 3605
South Bend, Indiana. 46619
Bid was signed by Gary L. Spraker, President and Daniel H.
Kaser,-Secretary, Non -Collusion Affidavit was in order and a
5% Bid Bond was submitted.
L.L. GEANS & SONS, INC. BID: $9,562.00
1721 North Home Street
Mishawaka, Indiana 46545
Bid was signed by Rocky R. Geans, Presi.dent.and Linda M.
Geans, Secretary, Non -Collusion Affidavit was in order and a
Cashier's Check tin- the amount: of $478.10 .was _submitted.
RIETH-RILEY CONSTRUCTION BID: $12,779.80
COMPANY, INC.
P.O. Box 1775
24355 SR 23
South Bend, Indiana
Bid was signed by Richard A. Jankowski, Area Manager,
Non -Collusion Affidavit was in order and a 5% Bid Bond was
submitted.
REGULAR MEETING
WALSH & KELLY, INC.
24358 State Road 23
South Bend, Indiana''46614
Bid was signed by -Thomas 0.
Quinn, Assistant Secretary,
order and a 5% Bid Bond was
OCTOBER 14, 1985
BID: $9,106.50
Walsh, -President and John,-.&.
Non -Collusion Affidavit was in -
submitted.
Upon a motion made by Mr. Leszczynski seconded by_Mr. Vance and
carried, the above bids were referred to --the Engineering
Department for review and recommendation.
FILING OF PETITION FOR DISANNEXATION OF REAL ESTATE FROM THE CITY
OF SOUTH BEND (INW'OOD ROAD)
Mr. Leszczynski advised that Mr. Warren E. McGill, Barnes &
Thornburg,600'lst-Source Bank Center,-100 North Michigan Street,
South Bend, Indiana,''Counsel for Petitioner, Indiana Franklin,
Realty, Inc.,_by Mr. R.C:°Menge, Vice -President, submitted to the
Board" for` � f iling'' a Petition for Disann'exation� of Real Esta.te;,fxom
the City of South Bend. _
The Petition states that Indiana Franklin Realty, Inc. is the
owner of one -hundred percent (100%) of the real-estate annexed
to the City of South Bend by Ordinance No. 7446-85 which was
passed by the Common Council on May 13, 19,85:and which realty -is.
situated in Penn Township-, St. Joseph -County, and is_adjacen,t.to,
and contiguous with the corporate boundaries. -of . the City.; of South -
Bend and more particularly described as follows:
A parcel of land located in the SW 1/4 of Section 20, T 37N R
3E, St. Joseph County, Indiana, more particularly described
as follows:
Beginning at the SE corner of the SW 1/4.of Section 20, T 37N
R 3E of the Second Prinicipal Meridian.; -thence S 89 37'07"W
along the present city limits a distance of 1200.00 feet;'
thence N 00 04128" E along the present city limits a distance
of 899.16 feet; thence East along the present city limits a
distance of 61.31 feet; thence North along the present city
limits a distance of-435.60 feet thence East a-longthe
present city limits a distance of 1140.38 feet; thence S 00
04128" W a distance of 1326.77 feet to the Point of
Beginning, containing 36.07 acres more or less.
Pursuant to the provisions of Indiana Code 36-4-3-17, Indiana
Franklin Realty included as part of the Petitionea plat of:the
territory sought to be disannexed.
It was noted that-the'real estate concernedInthis-Petition .was -
originally annexed to the City for the purpose of the
construction and use thereon of a garden apa'rtment.-complex but`
the Common Council failed to approve) -an _ordinance to zone such
real estate to-permit=such use under -applicable zoning ordinances
and by virtue thereof; it is not possible to legally accomplish
the purposes and objectives of such annexation.
Therefore, Indiana Franklin Realty, Inc., requests the Board to
disannex all of the land covered by the Petition as described
from the boundaries of the City of South Bend, in order that
after such disannexation such land will be located outside of.the
boundaries of the City of South Bend.
Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard
and carried, the Petition as submitted was accepted for filing.
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REGULAR MEETING OCTOBER 14, 1985
APPROVE AGREEMENT WITH MEAD DATA CENTRAL FOR SUBSCRIPTION TO THE
LEXIS COMPUTER -ASSISTED LEGAL RESEARCH SERVICE (CITY ATTORNEY'S
OFFICE)
Submitted to the Board for approval was an Agreement fora
subscription to the,Lexis Computer -assisted legal research_
service between Mead Data Central, a division .of the Mead
Corporation,..9333 Springboro Pike, Miamisburg, Ohio (mailing
address: P.O. Box 933, Dayton, Ohio) and the "City of South Bend.
Assistant City Attorney Eugenia S. Schwartz was present and
advised the Board that the service will.allow the City Attorney's
office to continue to provide high quality legal service to the
various City Departments and Bureags.,,She further advised that
the St. Joseph County Bar Association currently has a contract
for this service but the City, as a governmental agency, can
receive a lower.rate by..e.ntering into its own.contract rather
than through the Bar Association contract. She stated that the
service will provide quick access to a wide range of statutes and
legislation. The -hardware is to be installed.within the month
with training of the City Attorney's staff to also commence
shortly. In response to questions, Ms. Schwartz advised that the
cost of the hardware is approximately $2,700.00 in addition to
the monthly fee of $50.00 per location.(only one (1) terminal/
location is proposed), as well as the.cost-assessed each month
based on the number of searches conducted; which would be
approximately $250.00.
Submitted with, and as part of the Agreement referred to above,
was a Notification of Changes to the Mead Data Central, Inc
Government Subscription Agreement and the Lexis/Nexis Addendum
for Customer--Provided.Equipment.
Upon a motion made by Ms. Barnard, seconded by Mr. Leszczynski
and carried, the Agreement, which includes the supplemental
documents mentioned above, was approved and executed.
APPROVE PURCHASE AGREEMENT - SALE OF CITY -OWNED PROPERTY AT 1237
VAN BUREN
In accordance with the bid awarded.on August'26, 1985, for the
purchase of the City -owned lot at 1237 Van Buren in the amount of
$30.00, to Mr..Richard Chambliss, 1243 Van Buren, South Bend,
Indiana, the Purchase Agreement was being submitted at this time
for Board approval. Upon a motion made. by Ms. Barnard, seconded
by Mr. Leszczynski and carried, the Purchase Agreement was
approved and the matter referred to the City Attorney's office
for drafting"of'the appropriate Quit -Claim Deed. Mr. Vance voted
"nay" on this matter.-'
APPROVE REOUEST TO ADVERTISE FOR RECEIPT OF BIDS - FIRE
RESTORATION OF FIREHOUSE: THEATRE (CORNER OF PORTAGE, LIND$EY AND
LELAND STREETS)
In a letter to the Board, Mr. John E. Leszczynski, Director,
Public Works, requested that the Board advertise for the receipt
of bids for the above referred to.project... Upon a motion made by
Mr. Leszczynski, seconded by Mr. Vance and carried, the request
as submitted was approved. In response to a question from South
Bend Tribune Reporter James Wensits regarding the insurance claim
filed as a result of the fire at the above referred to property,
Mr. Vance advised that he is still negotiating with the
underwriter and agent and the City Attorney's office is working
on the matter.
APPROVE REQUEST TO ADVERTISE FOR RECEIPT OF BIDS - SALE OF
ABANDONED VEHICLES
Ms. Katherine Barnard, Director, Department of Code Enforcement,
requested permission to advertise for the sale of approximately
fourteen (14) abandoned vehicles which are being stored at Steve
REGULAR MEETING
OCTOBER 14, 1985
& Gene's -Auto & Truck Salvage and Repair, 3109 South Gertrude
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 Ms. 'Barnard ,seconded by Mr.
Vance and carried,- the.,above request was approved and a date of
October,2$., 1.9.85, was established for the receiving and opening `
of sealed' bids .
APPROVE CHANGE ORDER8,NO....-1 (FINAL,)_ AND PR,OJECT COMPLETION
AFFIDAVITS.-
1. WESTERN.AVENUE -PARKING LOTS PROJECT
2. RECONSTRUCTION IR'ST OF:ROOF OF FE�ATION NO.'3 (1805
MC RINLEY AVENUE
3 NAPIER.AND.WAYNE CURB AND WALK IMPROVEMENTS -PROJECT
4. SOUTH STREET CURB IMPROVEMENTS PROJECT
Mr. Leszczynski advised that the following.Contractors have
submitted Change orders -No. 1 (Final) and Project Completion
Affidavits for the following projects:
1. WESTERN AVENUE PARKING LOTS PROJECT
CONTRACTOR: Geyer Construction &. Development Company
67475 Kenilworth Road
Lakeville, Indiana
INCREASE: $218.57
NEW CONTRACT AMOUNT INCLUDING C.O.: $45,207.07
It was noted that there were changes in eleven (11) contract
items bringing about the final increase as stated above. Upon a
motion made by Mr. Leszczynski, seconded by Ms. Barnard and
carried, the Change Order and Project Completion Affidavit were
approved and executed.
2. RECONSTRUCTION OF ROOF OF FIRE STATION NO. 3 (1805
MC KINLEY AVENUE)
CONTRACTOR:' Midland Engineering Company
52369 U.S. 33 North
_ South Bend,.Indiana
INCREASE: $.1,775.00
_,_NEW CONTRACT AMOUNT INCLUDING C.O. $19,311.00
Mr. Leszczynski advised that the increased cost is due to the
fact that the roof was found to have rotted_ decking, rafters,
beams fascia boards and soffits on the west side which required
replacement. Upon a motion made by Ms. Barnard, seconded by Mr.
Leszczynski and carried, the Change Order and Project Completion
Affidavit were approved and executed.
3. NAPIER AND WAYNE CURB AND WALK IMPROVEMENTS
CONTRACTOR: McIntyre & Jones Construction Company,:Inc.
2526 West 6th Street
Mishawaka, Indiana 46544
INCREASE: $11,000.10
NEW CONTRACT AMOUNT INCLUDING C.O.: $54,447.60
It was_.noted that there were changes in eight (8) contract items
result fig''in the increase,, stated above.. The -Change Order stated
that the -increase was a result of additional areas that required
repair in the project area, removal :of a tree.and stump as well
as a concrete freight chute in the sidewalk requiring repair
prior to walk and curb repairs on the southwest corner of Chapin
and Napier. Upon a motion made by Mr. Vance, seconded by Mr.
Leszczynski and carried, the Change Order and Project Completion
Affidavit were approved and executed.
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REGULAR MEETING
OCTOBER 14, 1985
4. SOUTH STREET CURB IMPROVEMENTS PROJECT
CONTRACTOR: L.L. Geans & Sons, Inc.
1721 North Home Street
Mishawaka, Indiana 46545
INCREASE: $2,486.20
NEW CONTRACT AMOUNT INCLUDING C.O.: $58,538..70
The Change'Order'stated that changes in six (6) contract items
were necessitated as'additional areas that required repair in'the
project area were added as well as removal of a tree whose roots
were damaging curb and walk. Upon a motion made by Ms. Barnard,
seconded by Mr. Leszczynski and carried, the Change Order and
Project Completion Affidavit were approved and executed.
It was additionally noted that approval of the above Change
Orders and Project Completion Affidavits were subject to the
filing of the'appropriate'three-year Maintenance Bonds. In lieu
of a Maintenance Bond, Midland Engineering Company provided a`Ten
Year Roofing Guarantee for the reconstruction of the roof of Fire
Station No. 3.
AWARD BID =-`PARKING LOT WALKWAYS AND PLANTERS PROJECT
In a letter to the Board`, Mr. Neil A. Shanahan, Manager, Bureau"
of Public Construction recommended that the Board award the
bid of Ziolkowski Construction, Inc., 1005 South Lafayette, Box
1106, South Bend, Indiana, in the amount of $47,890.00 for the
above referred to project. Mr. Leszczynski advised that bids for
the project were opened by the Board on October 7, 1985. Upon a
motion made by Mr. Leszczynski, seconded by Ms. Barnard and
carried, the recommendation was accepted and the bid awarded.
APPROVE TITLE SHEET - FIRE RESTORATION OF FIREHOUSE THEATRE
(CORNER OF PORTAGE, LINDSEY AND LELAND STREETS)
Mr. Leszczynski advised that the Title Sheet for the above
referred to project was being presented at this time for
execution. Upon a motion made by Mr. Leszczynski, seconded by
Ms. Barnard --and carried, the above referred to Title Sheet was
approved and signed.
APPROVE REQUEST OF UNITED STATES ARMY RECRUITING TO CLOSE WALL
STREET FOR PARACHUTE TEAM AIRBORNE JUMP - OCTOBER 22, 1985
Mr. Leszczynski advised that the United States Army Recruiting
Station, 125 South Hill, South Bend, Indiana, requested that Wall
Street between Twyckenham and Greenlawn be closed off on October
22, 1985 from 8:45 a.m. to 9:45 a.m. for the Golden Knight Army
Parachute Team Airborne jump into John Adams High School practice
football field. He further advised that this request has been
reviewed by the Bureau of Traffic and Lighting and the Police
Department Traffic Division and they recommend approval.
Therefore, upon a motion made by Mr. Leszczynski, seconded by Ms.
Barnard and carried, the recommendation was accepted and the
request approved.
APPROVE RELEASE OF CONTRACTOR'S BOND
Mr. Melvin Humphrey, Engineering Department, recommended that the
Contractor's Bond for Garden Homes by E.L., Inc., be released
effective October 14, 1985. Upon a motion made by Mr.
Leszczynski, seconded by Ms. Barnard and carried, the above
Contractor's Bond was released.
FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORT
A report from the Department of Code Enforcement indicating a
total of one -hundred thirty-six (136) properties cleaned from
REGULAR MEETING
OCTOBER 14, 1985
October 7, 1985 to October, 11, 1985 was.submitted. Upon a motion
made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the
report as submitted was filed.
FILING OF HUMANE SOCIETY REPORT - SEPTEMBER.
The Humane Society.report--.for the month of September indicated
the following matters_ handled for the City of South Bend:
DOGS HANDLED: 278
CATS HANDLED: 299
OTHER ANIMALS HANDLED: 77
BITE CASES HANDLED: 17
COMPLAINTS HANDLED:. 203
Upon a motion made by Mr. Leszczynski,.seconded by Ms. Barnard
and carried, the above report as submitted was accepted and
filed.
APPROVE CLAIMS
Deputy City Controller. Carol M. Sanders submitted Claim Docket
No. 22.740 through Claim Docket No. 23429 and recommended
approval. Upon a motion made by Mr. Vance,.seconded by Ms.
Barnard and carried, the claims were approved and the report
filed.
ADJOURNMENT
There being no further business to come before the Board, upon a
motion made by Mr. Leszczynski, seconded by Mr. Vance and
carried, the meeting adjourned at 9:55 a.m.
CJ0 n E. Leszczy s
Katherine G. Barnard
• h
Michael L. Vance
ATTEST:
Sandra:;M. Parmerlee, ;,Clerk
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