HomeMy WebLinkAbout01/10/94 Board of Public Works Minutes047
REGULAR MEETING JANUARY 10, 1994
The regular meeting of the Board of Public Works was convened at
9:33 a.m. on Monday, January 10, 1,994, by Board President John E.
Leszczynski, with Mr. Leszczynski, Mr. James R. Caldwell and Mrs.
Jenny Pitts Manier present. Also present was Assistant City
Attorney Anne Bruneel.
APPROVE MINUTES OF PREVIOUS MEETING
Upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and
carried, the minutes of the regular meeting of the Board held on
January 4, 1994, were approved.
PUBLIC HEARING AND APPROVAL OF TRANSIENT MERCHANT LICENSE
(MARGARET F. HEINEK, D/B/A SOUTH BEND GEM & JEWELRY)
Mr. Leszczynski advised that this was the date set for the Board's
Public Hearing regarding the application for a Transient Merchants
license for Margaret F. Heinek, d/b/a South Bend Gem & Jewelry,
701 E East Park Lane, New Carlisle, Indiana. It is noted that Ms.
Heinek has applied for this license in order to conduct a Gem &
Jewelry Show at the Century Center on April 15-17, 1994.
Ms. Heinek was present and informed members of the Board that she
applied for this license in order to conduct a gem and jewelry
show at the Century Center in April. In response to Mr.
Leszczynski's inquiry, Ms. Heinek advised that this is not the
first show they have sponsored and have been doing this type of
event for the last thirty (30) years. In response to Ms. Manier's
inquiry, Ms. Heinek stated that the show will consist of displays
and sales. Fourteen (14) dealers from all over the United States
will participate in this event. Ms. Heinek further informed
members of the Board that the only scales that might be used will
be for grams or carats.
There being no one else present wishing to address the Board
concerning this matter and no written Memorandum in support of or
in opposition to the issuance of the license being received, Mr.
Leszczynski closed the Public Hearing on this matter.
It is noted that the Board is in receipt of favorable
recommendations concerning this license application from the
Police Department, Fire Department and the Building Department.
Therefore, Mr. Caldwell made a motion that the application be
approved and referred to the Deputy Controller's office for
Issuance of a license. Mrs. Manier seconded the motion which
carried.
APPROVE SUBLEASE - HOUSING DEVELOPMENT CORPORATION (628 SOUTH
RUSH)
Mrs. Manier informed members of the Board that this Sublease
involves the last parcel of property in Monroe Park that the
Redevelopment Commission has leased to the Board of Public Works
in order for the Board to sublease the property to the Housing
Development Corporation who will rehabilitate and rent the
property to a low to moderate income family. Therefore, Mrs.
Manier made a motion that this Sublease be approved and executed.
Mr. Caldwell seconded the motion which carried.
APPROVE CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE
Mr. Leszczynski stated that the Board is in receipt of a Consent
to Annexation and Waiver of Right to Remonstrate as submitted by
Heinz Hayen, President, Board of Directors and Phyllis Wendland,
Secretary, Board of Directors, St. Paul's Evangelical Lutheran
Church, 51490 Laurel Road, South Bend, Indiana. The Consent
indicates that in consideration for permission to tap into the
public sanitary sewer system of the City, to provide sanitary
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sewer service to Lot Number 1 as shown on the recorded plat of
Manion Laurel Road Minor Subdivision, recorded August 16, 1983,
(Key #02-1004-0074.02), St. Paul's Evangelical Lutheran Church
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. Leszczynski made a motion that
the Consent be approved. Mrs. Manier seconded the motion which
carried.
APPROVE LEASE OF REAL PROPERTY - 937 SOUTH BEND AVENUE
Mr. John Broden, Assistant City Attorney, submitted to the Board a
Lease of Real Property for the property located at 937 South Bend
Avenue (previously referred to as 926 East Corby). Mr. Broden
reminded members of the Board that in 1993 the Board approved a
Lease for this property which contained a one (1) year option to
renew with the agreement of both parties. Mr. Broden further
reminded members of the Board that at that time the procedures
required by statute were followed and the Common Council approved
this Lease. Mr. Broden noted that the format of the Lease has
been changed but the terms of the Lease were not changed. The
amount of this Lease is $6,100.00 which is $100.00 higher than the
previous Lease. These were the terms of the one (1) year option
to renew. In response to an inquiry from Board member Mrs.
Manier, Mr. Broden noted that this another one (1) year Lease.
Therefore, Mr. Caldwell made a motion that this Lease be approved
and executed. Mrs. Manier seconded the motion which carried.
Mr. Leszczynski advised that in accordance with the Quotation
awarded on December 13, 1993, to Ziolkowski Construction, Inc.,
1005 South Lafayette Boulevard, South Bend, Indiana, in the amount
of $15,688.00 for the above referred to project, a Contract in
this amount was submitted for Board approval. Mr. Leszczynski
made a motion that this Contract be approved. Mr. Caldwell
seconded the motion which carried.
APPROVE SOLID WASTE DISPOSAL AGREEMENT - SOUTHEAST BERRIEN COUNTY
LANDFILL AUTHORITY
Mr. Leszczynski advised that submitted to the Board for
consideration was a Solid Waste Disposal Agreement between the
City and Southeast Berrien County Landfill Authority, P.O. Box
142, 3200 Chamberlain Road, Buchanan, Michigan. Mr. Leszczynski
noted that this Agreement sets a tipping fee of $5.00 per cubic
yard of compacted solid waste during months in which the City
disposes of 3,600 or more cubic yards at their landfill. This
price is approximately $2.15 per cubic yard less that the City
currently pays at the Prairie View Landfill and is $2.00 under the
normal gate rate.
The potential savings to the program is substantial. Also, if the
City does not meet the 3,600 cubic yards, the tipping fee is $7.00
per cubic yard which is till $0.15 per cubic yard less that they
City is currently paying. It is noted that this Agreement will
remain in effect until January 1, 1995, unless terminated earlier
by either party, provided however that payments by the City under
this Agreement are subject to annual appropriation by the Common
Council. Mr. Caldwell made a motion that this Agreement be
approved and executed. Mrs. Manier seconded the motion which
carried.
APPROVE LEASE AGREEMENT - GATES -WAY LEASING
Mr. Don Fozo, Building Commissioner, submitted to the Board a
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REGULAR MEETING JANUARY 10. 1994
Lease Agreement between the City and Gates -Way Leasing, Division
of Gates Chevrolet Corporation, 333 West Western Avenue, South
Bend, Indiana for a 1994 Lumina at the price of $340.47 per month.
Mr. Bob Nagle, Assistant Zoning Administrator, was present on
behalf of Mr. Fozo and informed the Board that the Department
sought quotations from three 131 vendors and Gates -Way Leasing was
the lowest price offered for the lease of this vehicle. A
previous Lease with Gates -Way Leasing for a 1991 Lumina expired on
January 7, 1994. Mr. Nagle noted that, due to the low interest
rate, the price of this Lease will remain the same as the previous
Agreement which was entered into three (3) years ago. Therefore,
Mr. Caldwell made a motion that this Lease Agreement be approved.
Mrs. Manier seconded the motion which carried.
APPROVE PURCHASE AGREEMENT - SALE OF CITY -OWNED PROPERTY AT 1118
BURNS STREET
In accordance with the bid awarded on November 1, 1993, for the
purchase of the City -owned lot at 1118 Burns Street, in the
amount of $50.00 to Mr. Peter Hauser, 18397 Crownhill Drive, South
Bend, Indiana, a Purchase Agreement was being submitted at this
time for Board approval. Upon a motion made by Mr. Caldwell,
seconded by Mrs. Manier 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.
REQUESTS APPROVED:
OF THE MARTIN LUTHER KING, JR. FOUNDATION TO CONDUCT ANNUAL
MARCH - JANUARY 17, 1994
OF ST. JOSEPH COUNTY RIGHT TO LIFE, INC. TO CONDUCT PROTEST
PROCESSION - JANUARY 21, 1994
Mr. Leszczynski advised that the above referred to requests, which
were submitted to the Board on January 4, 1994, have been reviewed
by the appropriate City departments and bureaus and approval is
recommended. Therefore, Mr. Caldwell made a motion that the
requests be approved. Mrs. Manier seconded the motion which
carried.
APPROVE RUBBISH AND GARBAGE REMOVAL LICENSE APPLICATION
Mr. Leszczynski advised that the following Rubbish and Garbage
Removal Service license application has been received:
1. Sylvester Mullins
115 Cherry Street
South Bend, Indiana
It was noted that an inspection of the truck to be used has been
conducted by the Solid Waste Bureau and the applicant was found to
be in compliance. Additionally, the Department of Code
Enforcement has reviewed this application and recommends approval.
Therefore, Mr. Caldwell made a motion that the application be
approved. Mrs. Manier seconded the motion which carried.
APPROVE APPLICATION FOR PERMIT - SPECIALIZED COLLECTION SERVICES
Mr. Leszczynski stated that pursuant to the terms of the trash and
rubbish removal ordinance, the Board is in receipt of a Permit
application from a private trash hauler who desires to continue
his business within the City. The following application has been
submitted:
1. Sylvester Mullins
115 Cherry Street
South Bend, Indiana 46601
It is noted that attached to the application was a list of
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JANUARY 10, 1994
individuals to which this vendor will provide services. Mr.
Leszczynski made a motion that this Permit application be
approved. Mrs. Manier seconded the motion which carried.
FILING OF CERTIFICATES OF INSURANCE
Upon a motion made by Mr. Leszczynski,
carried, Certificates of Insurance from
accepted for filing:
1. Ideal Consolidated, Inc.
806 West Sample Street
South Bend, Indiana 46621
2. Verkler, Inc.
P.O. Box 3608
South Bend, Indiana 46619
3. Petroleum Equipment, Inc.
and Liquid Systems, Inc.
12875 McKinley Highway
Mishawaka, Indiana 46545
seconded by Mrs. Manier and
the following were
APPROVE CLAIMS
Mr. Kevin Horton, City Controller, submitted claims in the amount
of $328,080.30 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.
ADJOURNMENT
There being no further business to come before the Board, upon a
motion made by Mr. Leszczynski, seconded by Mr. Caldwell and
carried, the meeting adjourned at 9:46 a.m.
BOARD OF PUBLIC WORKS
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