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HomeMy WebLinkAbout07/14/97 Board of Public Works Minutes287 REGULAR MEETING JULY 14, 1997 The regular meeting of the Board of Public Works was convened at 9:34 a.m. on Monday, July 14, 1997, by Board Member James R. Caldwell, with Mr. Carl P. Littrell and Ms. M. Catherine Roemer present. Also present was Board Attorney Michelle Engel. AGENDA ITEMS ADDED Upon a motion made by Mr. Littrell, seconded by Mr. Caldwell and carried, the following items were added to the agenda: Request to Advertise for the Receipt of Bids and a Proposal for Professional Engineering Services. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Caldwell, seconded by Ms. Roemer and carried, the minutes of the regular meeting of the Board held on July 7, 1997, were approved. PUBLIC HEARING - TRANSIENT MERCHANT LICENSE - LACASA DE AMISTAD FIESTA `97 Mr. Caldwell advised that this was the date set for the Board's Public Hearing concerning a Transient Merchant License as submitted by Mr. Zulma Prieta, Director, LaCasa De Amistad, Inc. 746 South Meade Street, South Bend, Indiana, to conduct Fiesta Michiana `97, on Saturday, September 13, 1997, from 11:00 a.m. until 8:00 p.m., at the Morris Civic Plaza. As there was no one present wishing to address the Board concerning this matter, upon a motion made by Mr. Caldwell, seconded by Mr. Littrell and carried, the Public Hearing was tabled. AWARD BID - LEIGHTON PLAZA - PHASE I - MASS EXCAVATION & SHEETING - PROJECT NO. 97-57-2 Mr. Carl P. Littrell, Director, Division of Engineering, advised the Board that on June 23, 1997, 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 Ritschard Borthers, Inc., 1204 West Sample Street, South Bend, Indiana, in the amount of $792,000.00. The Department of Community and Economic Development has appropriated sufficient funds to construct the work. Therefore, Mr. Littrell made a motion that the recommendation be accepted and the bid be awarded as outlined above. Ms. Roemer seconded the motion which carried. AWARD BID - LEIGHTON PLAZA - PHASE II - CAST INPLACE CONCRETE - PROJECT NO. 97-57-3 Mr. Carl P. Littrell, Director, Division of Engineering, advised the Board that on July 7, 1997, 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 Hagerman Construction Corporation, Post Office Box 10690, Fort Wayne, Indiana, in the amount of $1,077,000.00, which is an alternate of the base bid ($1,152,000.00) minus $75,000. Therefore, Mr. Caldwell made a motion that the recommendation be accepted and the bid be awarded as outlined above. Ms. Roemer seconded the motion which carried. AWARD BID - ABANDONED VEHICLES Mr. Carl P. Littrell, Director, Division of Engineering, advised the Board that on June 23, 1997, bids were received and opened for the above referred to vehicles. After reviewing those bids, Mr. Littrell recommends that the Board award the bids as follows: David Edmonds 1919 Ontario Niles, Michigan 49120 NO. TAG MAKE YEAR VIN BID 9 39080 Amerig; 1970 -0- $102.66 REGULAR MEETING TOTAL Super Auto Sal vaee 3300 South Main South Bend, Indiana JULY 14, 1997 $102.66 NO. TAG MAKE YEAR VIN BID 3 37188 Buick 1983 1G4AX69Y69DH408503 $ 83.79 7 38835 Pontiac 1978 2H37W8A198339 $ 77.79 8 38838 Buick 1979 4X69X9H601210 $ 83.79 10 39230 Buick 1985 1G4AH19R5FD418670 $ 77.79 12 39471 Olds 1986 1G3HN69L6GW407400 $ 87.79 TOTAL $410.95 Steve & Gene's 3109 Gertrude Street South Bend, Indiana 46614 NO. TAG MAKE YEAR VIN BID 11 39470 Chevy 1984 1G1AW19X2E6922369 $ 69.95 TOTAL $ 69.95 Michiana Enterprise 19270 Darden Road South Bend, Indiana NO. TAG MAKE YEAR VIN BID 1 25489 Buick 1964 452698h190873 $ 87.00 2 27949 Olds 1983 1G3AN69Y7DM708620 $ 83.00 4 37265 Ford 1986 1FMCA11S7GZA19481 $255.00 6 38834 Chevy 1987 1GILT511XBE110182 $257.00 TOTAL $682.00 John Oxian 1533 Lincolnway West South Bend, Indiana NO. TAG MAKE YEAR VIN BID 5 37982 Chrysler 1973 CM23M3C282677 $125.00 TOTAL $125.00 Therefore, Mr. Caldwell made a motion that the recommendation be accepted and the bids be awarded as outlined above. Ms. Roemer seconded the motion which carried. s Ll REGULAR MEETING JULY 14, 1997 AWARD BID - EIGHTY-FIVE (85) MORE OR LESS, SELF-CONTAINED BREATHING APPARATUS UNITS Chief Luther Taylor, South Bend Fire Department, advised the Board that on June 9, 1997, bids were received and opened for the above referred to equipment. After reviewing those bids, Chief Taylor recommends that the Board award the contract to Midwest Fire and Safety Equipment, 1605 Prospect Street, Indianapolis, Indiana, as follows: Quantity Description Amount Total 85 Complete 30 Minute SCBA $1,777.00 $151,045.00 70 Spare Cylinders $ 445.00 $ 31,150.00 20 60 Minute Cylinders $ 854.00 $ 17,080.00 155 FCPC Assembly $ 142.00 $ 22,010.00 85 Spectacle Kit $ 32.00 $ 2,720.00 3 Carrying Case $ 100.00 $ 300.00 80 Voice Amplifiers $ 159.00 $ 12,720.00 OPTION: 155 Carbon Cylinder $ 85.00 $ 12,865.00 TOTAL $249,890.00 Therefore, Mr. Caldwell made a motion that the recommendation be accepted and the bid be awarded as outlined above. Ms. Roemer seconded the motion which carried. APPROVE CONSTRUCTION CONTRACT - BROADWAY IN -FILL - PROJECT NO. 97-33-2 Mr. Caldwell advised that in accordance with the bid awarded on July 7, 1997, to L.L. Geans & Sons, 1923 North Home, Mishawaka, Indiana, in the amount of $16,822.50 for the above referred to project, a Contract in said amount was being submitted for Board approval. Upon a motion made by Mr. Caldwell, seconded by Ms. Roemer and carried, the Contract was approved. APPROVAL OF ESCROW AGREEMENT - LEIGHTON PLAZA - PHASE I - DEMOLITION/SURFACE EXCAVATION - PROJECT NO. 97-57-1 Mr. Caldwell stated that the Board is in receipt of an Escrow Agreement between the City of South Bend, Ritschard Brothers, Inc., 1204 West Sample, South Bend, Indiana, and First Source Bank, 100 North Michigan, South Bend, Indiana, for the above referred to project, which was in excess of $100,000. Therefore, upon a motion made by Mr. Littrell, seconded by Mr. Caldwell and carried, the Escrow Agreement was approved and executed. APPROVAL OF AGREEMENTS - NEIGHBORHOOD YOUTH GRANT PROGRAM Mr. Caldwell stated that the Board is in receipt of the following Neighborhood Youth Grant Agreements. Organization Grant Amount Purpose Girl Scouts of $1,103.00 Growing a neighborhood flower and vegetable Singing Sands garden, located on a vacant lot owned by Council, Inc. South Bend Heritage Foundation C.A. M. Video $500.00 Three youths in the Southeast Neighborhood Project in the to visit their neighbors door to door and video Southeast record a series of responses based on Neighborhood questions relative to the Southeast Neighborhood. 290 REGULAR MEETING DULY 14, 1997 Therefore, upon a motion made by Mr. Caldwell, seconded by Mr. Littrell and carried, the Agreements were approved and executed. APPROVAL OF LEASE AGREEMENT - RUM VILLAGE NEIGHBORHOOD ASSOCIATION Mr. Caldwell stated that the Board is in receipt of a Lease Agreement between the City of South Bend and the Rum Village Neighborhood Association for the Kendall Street Park property. Therefore, upon a motion made by Mr. Caldwell, seconded by Mr. Littrell and carried, the Agreement . was approved and executed. APPROVE COMMUNITY DEVELOPMENT ADDENDUM The following Community Development Addendum was presented to the Board for approval: NHS Revolving Loan Fund Amend to allow 1) one loan Addendum III in 1997 where the grant portion exceeds 25% of the loan total; 2) one loan to be made to an applicant on Cushing Street Upon a motion made by Mr. Caldwell, seconded by Mr. Littrell and carried, the above referred to Addendum was approved and executed. Ms. Roemer abstained from voting, as she is a Board Member of NHS. APPROVAL OF PROPOSAL - PROFESSIONAL ENGINEERING SERVICES FOR ERSKINE PLAZA STORMWATER RETENTION BASIN IMPROVEMENTS - TRIAD ENGINEERING Mr. Caldwell stated that the Board is in receipt of a Proposal between the City of South Bend and Triad Engineering, 300 North Michigan Street, South Bend, Indiana, for professional engineering services for improvements to stabilize the various slope stability and erosion problems at the Erskine Basin; to determine whether additional storage is available at the site; and, to provide a protective cover over an eight inch petroleum pipe located within the basin. Mr. Caldwell noted that the Proposal is in the amount not to exceed $17,920.00. Therefore, upon a motion made by Ms. Roemer, seconded by Mr. Caldwell and carried, the Proposal was approved and executed. ADOPT RESOLUTION NO. 54-1997 - ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA IN GERMAN TOWNSHIP (L)AN FUERBRINGER ANNEXATION) Upon a motion made by Mr. Littrell, seconded by Ms. Roemer and carried, the following Resolution was adopted by the Board of Public Works. Mr. Larry Magliozzi, Planning Department, was present, and issued change pages to the Resolution. Mr. Magliozzi stated that this was a voluntary annexation, and it goes before the City Council July 14, 1997 for rezoning: RESOLUTION NO. 54-1997 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 AN ANNEXED AREA IN GERMAN TOWNSHIP (DAN FUERBRINGER ANNEXATION) WHEREAS, there has or will be submitted to the Common Council of the City of South Bend, Indiana, an ordinance which proposes the voluntary annexation of the hereinafter described real estate located in German Township, St. Joseph County, Indiana, to wit: THAT PART OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A POINT ON THE NORTH AND SOUTH QUARTER LINE OF SAID SECTION 21 WHICH IS S. 000 -00' -00" E. (ALL BEARINGS P-MCDii 0 REGULAR MEETING JULY 14. 1997 ASSUMED), 660 FT. MORE OR LESS FROM THE NORTH QUARTER POST OF SAID SECTION 21; THENCE S. 00' -00' -00' E. ALONG SAID QUARTER LINE, 660 FT. MORE OR LESS TO THE NORTH LINE OF THE RECORDED PLAT OF "SHIVELY' S INDUSTRIAL PARK PHASE ONE" AS RECORDED BY DOCUMENT NO. 9524751 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENCE S. 890 -53' -06' W. ALONG THE NORTH LINE OF SAID SUBDIVISION 330 FT. MORE OR LESS; THENCE N. 00' -00'-00" W., 660 FT. MORE OR LESS; THENCE N.900 -00'-00" E., 330 FT. MORE OR LESS TO THE POINT OF BEGINNING; and WHEREAS, the territory proposed to be voluntarily annexed encompasses approximately 5 acres comprised primarily of vacant land, in German Township, St. Joseph County, contiguous to the City of South Bend which is generally located north of the William Richardson Drive and Toll Road Industrial Park Section 7 and which is proposed to be developed by its owner Dan Fuerbringer as an expansion to its existing trucking terminal. The development of the territory proposed to be annexed will require a basic level of municipal public services, 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 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, regardless of similar topography, patterns of land use, and population density; (5) that services of a capital improvement nature will be provided to the annexed area within four (4) years after the effective date of the annexation in the same manner as those services are provided to areas within the corporation boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, 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 hereinafter described real property located in German Township, St. Joseph County, Indiana, be annexed to the City of South Bend: THAT PART OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A POINT ON THE NORTH AND SOUTH QUARTER LINE OF SAID SECTION 21 WHICH IS S. 00° -00'-00" E. (ALL BEARINGS ASSUMED), 660 FT, MORE OR LESS FROM THE NORTH QUARTER POST OF SAID SECTION 21; THENCE S. 00° -00' -00' E. ALONG SAID QUARTER LINE, 660 FT. MORE OR LESS TO THE NORTH LINE OF THE RECORDED PLAT OF "SHIVELY' S INDUSTRIAL PARK PHASE ONE" AS RECORDED BY DOCUMENT NO. 9524751 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENCE S. 890 -53' -06' W. ALONG THE NORTH LINE OF SAID SUBDIVISION 330 FT. MORE OR LESS; THENCE N. 00" -00'-00" W., 660 FT. MORE OR LESS; THENCE N.900 -00'-00" E., 330 FT. MORE OR LESS TO THE POINT OF BEGINNING. Section H. That it shall be and hereby is now declared and established that it is the policy of 292 REGULAR MEETING JULY 14, 1997 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 regardless of similar topography, patterns of land utilization, and population density; 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 four (4) 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 regardless of similar topography, patterns of land use, or population density, 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 14th day of July, 1997. BOARD OF PUBLIC WORKS OF THE CITY OF ' SOUTH BEND, INDIANA s/Carl Littrell, Member S/James Caldwell, Member s/M. Catherine Roemer, Member Attest: s/Angela K. Jacob, Clerk APPROVE REVISION TO WASTEWATER DISCHARGE PERMIT In a Memorandum to the Board, Mr. Ken Zmudzinski, Pretreatment Coordinator, Division of Environmental Services, submitted the following Revision to a Wastewater Discharge Permit and recommended approval: L . Monarch Textile Rental Services, Inc. 812 Wilber Street South Bend, Indiana 46628 Upon a motion made by Mr. Littrell, seconded by Ms.' Roemer and carried, the Revision to the Discharge Permit was approved. APPROVAL OF RECOMMENDATION - TO CONDUCT SUNIlM[ER DAY CAMP PARADE Mr. Caldwell stated that favorable recommendations have been received by the Division of Engineering, Park Department, Police Department and -the City Attorney's office, in reference to a request as submitted by Mr. Philip Jenkins„ 601 Colfax, South Bend, Indiana, to conduct the above referred to parade on Sunday, July 20, 1997, beginning at 3:00 p.m., on the designated route as submitted. Upon a motion made by Ms. Roemer, seconded by Mr. Littrell and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION - TO CONDUCT.BLOCK PARTY Mr. Caldwell stated that favorable recommendations have been received by the Division of Engineering, Police Department and the City Attorney's office, in reference to a request as submitted by Mr. Kenneth Wilber, 413 LaMonte Terrace, South'Bend, Indiana to conduct the above referred to block party, on Saturday, August 16, 1997, from 2:00 p.m. until 11:00 p.m., on Park Avenue from Manitou to LaMonte Terrace, on the designated route as submitted. Upon a motion made by Mr. Littrell, seconded by Ms. Roemer and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION - TO CLOSE STREET - NEIGHBORHOOD PICNIC Mr. Caldwell stated that favorable recommendations have been received by the Division of Engineering, Police Department and the City Attorney's office, in reference to a request as submitted by Ms. Barb Cabana, 23-53 Pebble Creek.Court, South Bend, Indiana to conduct the above referred to picnic, on Sunday, July 20, 1997, from 12:30 p.m. -until 6:00 p.m., on Pebble Creek Court, which is a cul-de-sac. Upon a motion made by Mr. Littrell, seconded by Ms. Roemer and carried, the recommendation was approved. 293 REGULAR MEETING JULY 14, 1997 APPROVAL OF RECOMMENDATION - TO CHANGE TRAFFIC PATTERNS - 4H FAIR Mr. Caldwell stated that favorable recommendations have been received by the Division of Engineering, Police Department and the City Attorney's office, in reference to a request as submitted by Mr. Frank Ronchetti, St. Joseph County 4-H Fair, 5117 South Ironwood, South Bend, Indiana to change traffic patterns at Ironwood and Jackson Roads, in conjunction with the 4H Fair, on the designated route as submitted. Upon a motion made by Mr. Littrell, seconded by Ms. Roemer and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION - TO CONDUCT A.B.A.T.E. MOTORCYCLE PROCESSION Mr. Caldwell stated that favorable recommendations have been received by the Division of Engineering, Park Department, Police Department and the City Attorney's office, in reference to a request as submitted by Mr. Mike Dawson, A.B.A.T.E. of Indiana, 5828 West 100 North, Warsaw, Indiana to conduct the above referred to motorcycle procession, on Sunday, August 31, 997, beginning at 12:00 noon, on the designated route as submitted. Upon a motion made by Ms. Roemer, seconded by Mr. Littrell and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION - TO CONDUCT BLOCK PARTY Mr. Caldwell stated that favorable recommendations have been received by the Division of Engineering, Police Department and the City Attorney's office, in reference to a request as submitted by Mr. David Norris, Rum Village Partnership Center, 609 West Indiana Avenue, South Bend, Indiana to conduct the above referred to block party, on Saturday, August 2, 1997, from 7:00 a.m. until 4:00 p.m., on Indiana from Franklin to Kendall, on the designated route as submitted. Upon a motion made by Mr. Littrell, seconded by Ms. Roemer and carried, the recommendation was approved. APPROVAL OF LICENSE APPLICATION FOR RUBBISH AND GARBAGE REMOVAL SERVICE Mr. Caldwell stated that the Board is in receipt of favorable recommendations from the Department of Code Enforcement for a License Application for Rubbish and Garbage Removal Service, as submitted by Mr. Joe Howard, Howard Trash Service, 414 Walsh Street, South Bend, Indiana. It was noted that the Bureau of Sanitation has inspected the vehicles(s) to be used in conjunction with the service, and have been approved. Upon a motion made by Ms. Roemer, seconded by Mr. Littrell and carried, the License Application was approved. APPROVAL OF REOUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - STATE THEATRE FACADE REHABILITATION - PROJECT NO. 97-07 In a memorandum to the Board, Mr. Carl P. Littrell, Director of Engineering, requested permission to advertise for the receipt of bids for the above referred to project. Mr. Littrell stated that this project will renovate and preserve the facade of the State Theater. Sufficient funds have been appropriated by the Department of Community and Economic Development. Therefore, upon a motion made by Mr. Littrell, seconded by Ms. Roemer and carried, the request to advertise for the receipt of bids was approved. APPROVE CONSENT TO ANNEXATION AND WAIVER OF RIGHTS TO REMONSTRATE Mr. Caldwell stated that the Board is in receipt of a Consent to Annexation and Waiver of Right to Remonstrate as submitted by Susana and Patrick Cahill, 18384 Cleveland Road, South Bend, Indiana. The Consent indicates that in consideration for permission to tap into the public sanitary sewer system and/or water system of the City, to provide sanitary sewer service and/or water service to 18384 Cleveland Road, South Bend, Indiana, (Key # 02-1020-0443.01), the Cahill's 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, Mr. Caldwell made a motion that the Consent be approved. Mr. Littrell seconded the motion which carried. APPROVE CONSENT TO ANNEXATION AND WAIVER OF RIGHTS TO REMONSTRATE Mr. Caldwell stated that the Board is in receipt of a Consent to Annexation and Waiver of Right to Remonstrate as submitted by Austin and Rosemary Hickey, 59600 Ironwood Road. The Consent indicates that in consideration for permission to tap into the public sanitary sewer system and/or water 294 REGULAR MEETING DULY 14, 1997 system of the City, to provide sanitary sewer service and/or water service to 59600 Ironwood Road, South Bend, Indiana, (Key # 14-1167-6187), the Hickey's 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, Mr. Caldwell made a motion that the. Consent be approved. Mr. Littrell seconded the motion which'carried. APPROVE CONSENT TO ANNEXATION AND WAIVER OF RIGHTS TO REMONSTRATE Mr. Caldwell stated that the Board is in receipt of a Consent to Annexation and Waiver of Right to Remonstrate as submitted by Dale and Rosalie Woodcox, 60400 Main Street. The Consent indicates that in consideration for permission to tap into the public sanitary sewer system and/or water system of the City, to provide sanitary sewer service and/or water service to 60400 Main Street, South Bend, Indiana; (Key # 01-1017-03401.23), the Woodcox's 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, Mr. Caldwell made a motion that the Consent be approved. Mr. Littrell seconded the motion which carried.. APPROVE CONSENT TO ANNEXATION AND WAIVER OF RIGHTS TO REMONSTRATE Mr. Caldwell stated that the Board is in receipt of a Consent to Annexation and Waiver of Right to Remonstrate as submitted by Mr. Jon Cauffman, 133 West Rhodes. The Consent indicates that in consideration for permission to tap, into the public sanitary sewer system and/or water system of the City, to provide sanitary.sewer service and/or water service to 133 West Rhodes, South Bend, Indiana, (Key # 03-1132-0184), Mr. Cauffman waives and releases any and all right to remonstrate against or oppose any pending or future annexation of the property by the City of South Bend. Therefore, Mr. Caldwell made a motion that the Consent be approved. Mr. Littrell seconded the motion which carried. APPROVE CONSENT TO ANNEXATION AND WAIVER OF RIGHTS TO REMONSTRATE Mr. Caldwell stated that the Board is in receipt of a Consent to Annexation and Waiver of Right to Remonstrate as submitted by Jarvis and Barbara Robbins, 18383 Cleveland Road. The Consent indicates that in consideration for permission_ to tap into the public sanitary sewer system and/or water system of the City, to provide sanitary sewer service and/or water service to 18383 Cleveland Road, South Bend, Indiana, (Key # 03-1015-0315), the Robbins's 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, Mr. Caldwell made a motion that the Consent be approved. - Mr. Littrell seconded the motion which carried. APPROVE CONSENT TO ANNEXATION AND WAIVER OF RIGHTS TO REMONSTRATE Mr. Caldwell stated that the Board is in receipt of a Consent to Annexation and Waiver of Right to Remonstrate as submitted by Mr. Michael Kish, 52519 Marks. The Consent indicates that in consideration for permission to tap into the'public sanitary sewer system and/or water service of the City, to provide sanitary sewer service and/or water service to 52519 Marks, South Bend, Indiana, Mr. Kish waives and releases any and all right to remonstrate against or oppose any pending or future annexation of the property by the City of South Bend. Therefore, Mr. Caldwell made a motion that the Consent be approved. Mr. Littrell seconded'the motion which carried. APPROVAL OF DEEDS OF DEDICATION Upon a motion made by Mr. Littrell, seconded by Mr. Caldwell and carried, the following Deeds of Dedication were approved: Name Key Number Address Purpose. Sandy Mortensen 18-8153-5521 2621.Locust Road New Sewer System Robert/Linda Prue 18-8153-5523 2633 Locust Road New Sewer System Board of Public Works American Home Dreams Property owned by Board of Public Works Right of way for alley 29S REGULAR TMEETING JULY 14, 1997 APPROVAL OF GRANT OF TEMPORARY EASEMENT Upon a motion made by Mr. Littrell, seconded by Ms. Roemer and carried, a Grant of Temporary Easement was approved for Teacher's Credit Union, 110 South Main Street, South Bend, Indiana, for easement rights pertaining to the air, surface, and subsurface rights to carryout the construction of the project at the Leighton Plaza, downtown South Bend. APPROVAL OF PERPETUAL EASEMENT Upon a motion made by Mr. Littrell, seconded by Ms. Roemer and carried, a Grant of Perpetual Easement was approved for Art Iron, Inc., for a trunk storm sewer to be installed at the location described on the Easement as submitted. APPROVE CLAIMS Ms. M. Catherine Roemer, City Controller, submitted claims in the amount of $80,746.23 dated July 7, 1997; and $1,033,379.26 dated July 14, 1997, and recommended approval. Additionally, Mr. Juan Manigault, Executive Director, WDS of Northern Indiana, submitted two (2) lists containing claims in the amount of $18,100.00 and $231,230.72 and recommended approval. Ms. Roemer made a motion that the claims be approved and the reports as submitted be filed. Mr. Littrell seconded the motion which carried. PRIVILEGE OF THE FLOOR Mr. Steve Rudisell, Abonmarche Group, was present, and requested the Board to approve the replat for American Home Dreams, which is being replatted by Mr. Rick Milton for low to moderate income housing. Mr. Rudisell stated that the Plan Committee and Engineering has reviewed and approved it. Upon a motion made by Ms. Roemer, seconded by Mr. Littrell and carried, the Replat for American Home Dreams was added to the agenda. Upon a motion made by Mr. Caldwell, seconded by Ms. Roemer and carried, the Replat was approved. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Caldwell, seconded by Ms. Roemer and carried, the meeting adjourned at 9:55 a.m. BOARD OF PUBLIC WORKS � � (2 Z?'� Carl P. Littrell, Member e4 A- . James dwell, Member M. at erine Roemer, -mber TT ST: Angela KL J- cob, Cle