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HomeMy WebLinkAbout01/18/93 Board of Public Works Minutes0 i 3 REGULAR MEETING JANUARY 18, 1993 The regular meeting of the Board of Public Works was convened at 9:34 a.m. on Monday, January 18, 1993, by Board President John E. Leszczynski, with Mr. Leszczynski, Mr. James R. Caldwell and Mrs. Mary H. Mueller present. AGENDA ITEM STRICKEN Upon a motion made by Mr. Leszczynski, seconded by Mr. Caldwell and carried, the bid award for eighty-five (85), more or less, highband portable two-way radios and vehicular chargers, sixty-five (65), more or less, UHF portable two-way radios and vehicular chargers and optional accessory items, was stricken from the agenda at this time. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Caldwell, seconded by Mrs. Mueller and carried, the minutes of the regular meeting of the Board held on January 11, 1993, were approved. ADOPT RESOLUTION NO. 2-1993 - ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXEI AREA IN PENN TOWNSHIP (NW CORNER OF KILLINGTON WAY AND BROMLEY CHASE, WHICH IS APPROXIMATELY 220 FEET EAST OF IRONWOOD ROAD) Mr. Leszczynski advised that Mr. Larry Magliozzi, Assistant Director, Division of Planning and Neighborhood Development, Department of Economic Development, was present to address the Board concerning Resolution No. 2-1993. Mr. Magliozzi advised that the Resolution submitted to the Board adopts a written fiscal plan and establishes a policy for the provision of services to an annexed area in Penn Township located at the northwest corner of Killington Way and Bromley Chase, which is approximately two hundred twenty (220) feet east of Ironwood Road. Mr. Magliozzi further noted that this property received previous consideration for annexation under Common Council Ordinance No. 8309-92. However, during the remonstrance period, it was discovered that the legal description provided by the Petitioner was in error. To correct the error, it was determined that the entire process had to be repeated. Mr. Magliozzi noted that this is a voluntary annexation. Mr. Magliozzi further noted that the new ordinance was subsequently filed by the Petitioner. Except for the slight modification to the legal description, all other aspects of the fiscal plan remain the same. In conclusion, Mr. Magliozzi asked that the Board give this Resolution its favorable consideration and noted that, if approved, this annexation should take effect around April 16, 1993. It is noted that the City does not anticipate any additional costs to provide services to the annexation area. City sanitary sewer and water are already available to the property. An eight inch (811) sewer and a ten inch (10") water line are in the right-of-way of Bromley Chase abutting Lot 26. Extensions of, or taps into said sewer and water lines, shall be governed by I.C. 36-9-22-2, I.C. 8-1.5-3 and 4 and the rules and regulations of the South Bend Water Works and Sewer utility. Therefore, Mrs. Mueller made a motion that the Resolution as submitted be adopted. Mr. Caldwell seconded the motion which carried and the following Resolution No. 2-1993 was adopted: RESOLUTION NO. 2-1993 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 PENN TOWNSHIP 014 REGULAR MEETING JANUARY 18, 1993 WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an ordinance which proposes the annexation of the hereinafter described real estate located in Penn Township, St. Joseph County, Indiana; and WHEREAS, the territory proposed to be annexed is located at the northwest corner of Killington Way and Bromley Chase, which is approximately 220 feet east of Ironwood Road, and is proposed to be developed by the construction of a church, the development of which land will require a level of municipal public services basic to the establishment and maintenance of such development, which services shall include services of a non -capital nature, 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, that have characteristic of topography, patterns of land use, and population density similar to that of the territory to be annexed; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after 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 that have characteristics of topography, patterns of land use and population density similar to that of the territory to be annexed 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 real property located in Penn Township, St. Joseph County, Indiana, described in Table 2 of the Fiscal Plan, attached hereto and made a part hereof, be annexed to the City of South Bend. Section II. That it shall be and hereby is now declared and established that it is the policy of 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 which have characteristics of typography, patterns of land utilization and population density similar to said territory; 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 three (3) 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 that have characteristics of topography, patterns of land use and population density similar to that of REGULAR MEETING JANUARY 18, 1993 1 1 the territory to be annexed 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 18th Attest: s/Sandra M. Parmerlee, Clerk day of January 1993. BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA s/John E. Leszczynski s/James R. Caldwell s/Mary Hall Mueller ADOPT RESOLUTION NO. 3-1993 - DISPOSAL OF OBSOLETE VEHICLES (DIVISION OF EQUIPMENT SERVICES) In a Memorandum to the Board, Mr. Matthew L. Chlebowski, Division of Equipment Services, requested that two (2) military type trucks that have not been utilized for some time be declared obsolete. Mr. Leszczynski made a motion that the request be approved and that the appropriate Resolution which has been prepared be adopted. Mr. Caldwell seconded the motion which carried and the following Resolution No. 3-1993 was adopted: RESOLUTION NO. 3-1993 A RESOLUTION OF THE SOUTH BEND BOARD OF 3N DISPOSAL OF UNFIT AND/OR UBLIC WORKS PROPERTY WHEREAS, it has been determined by the Board of Public Works that the following property is unfit for the purpose for which it was intended and is no longer needed by the City of South Bend: Truck #1: 3/4 Ton Military Truck Manufacture Date - 3/3/53 Model T-245 Contract # 12107 Stock #G2741-8358323 Serial # 8004-7726 Truck #2: 3/4 Ton Military Truck Manufacture Date - 1/15/54 Model T-245 Contract # 12989 Stock #G2741-8358323 Serial # 80259297 WHEREAS, Indiana Code 36-1-11-6(c) permits and establishes procedure for disposal of personal property which is unfit for the purpose for which it was intended and which is no longer needed by the City. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that the items listed above are no longer needed by the City; are unfit for the purpose for which they were intended and have an estimated value of less than five thousand dollars ($5,000.00). BE IT FURTHER RESOLVED, that said equipment may be transferred or sold at public auction or private sale, without u REGULAR MEETING JANUARY 18, 1993 advertising. However, if the property is deemed worthless, such may be demolished or junked. ADOPTED this 18th day of January, 1993. BOARD OF PUBLIC WORKS CITY OF SOUTH BEND, INDIANA s/John E. Leszczynski, President s/James R. Caldwell, Member s/Mary H. Mueller, Member ATTEST: s/Sandra M. Parmerlee, Clerk ADOPT RESOLUTION NO. 4-1993 - CONSENT TO SUBLEASE OF REAL PROPERTY - 312 EAST SOUTH STREET Mr. Thomas Eddington, Department of Economic Development, was present and advised members of the Board that the Resolution submitted today for consideration is in regards to land that the Department of Redevelopment owns and has subleased to the Housing Development Corporation. At this time, the Housing Development Corporation desires to sublease this property to Southhold Restorations, Inc. who has two (2) houses they wish to move. A representative from Southhold was present and indicated that they have acquired a house from Memorial Hospital which they would like to move to this particular property. Therefore, Mr. Caldwell made a motion that the Resolution which has been prepared be adopted. Mrs. Mueller seconded the motion and the following Resolution No. 4-1993 was adopted: RESOLUTION NO. 4-1993 A RESOLUTION OF THE CITY OF SOUTH BEND BOARD OF PUBLIC WORKS APPROVING AND CONSENTING TO THE SUBLEASE OF REAL PROPERTY WHEREAS, pursuant to Resolution 20-1991, the City of South. Bend, Indiana ("City"), acting by and through its Board of Public Works ("Board") approved the sublease of the following described real estate situated in St. Joseph County, Indiana: A parcel of land in the Southwest Quarter of Section 12, Township 37 North, Range 2 East, City of South Bend, Portage Township, St. Joseph County, Indiana, being platted as Denniston & Fellows Addition as recorded in Book 2, Page 48, at the St. Joseph County Recorder's office in South Bend, Indiana, and described as follows: Beginning at an iron at the intersection of the East right-of-way line of Carroll Street and the South right-of-way line of South Street; thence South 89039147" East (bearing assumed), 141.50 feet along said South right-of-way line to the Point of Beginning; Lhence continuing South 89039'47" East, 50.00 feet along said South right-of-way line; thence South 00000100" East, 115.50 feet to the North right-of-way line of a 14.00 foot alley; thence North 89039147" West, 50.00 feet along said North right-of-way line; thence North 00°00'00" West, 115.50 feet to the South right-of-way line of South Street and the Point of Beginning, and containing 0.1326 acres, more or less, and is subject to all easements, restrictions and or covenants of record, commonly known as 312 East South Street, South Bend ("Real Estate"), V Q REGULAR MEETING JANUARY 18, 1993 to the Housing Development Corporation of St. Joseph. County, Inc., ("HDC"), an Indiana not -for -profit corporation exempt from federal income taxation under Section 501 of the Internal Revenue Code and on October 21, 1991, executed said Sublease; and WHEREAS, the Real Estate is a vacant parcel of land; and WHEREAS, HDC has received a request from Southhold Restorations, Inc. ("Southhold"), an Indiana not -for -profit corporation exempt from federal income taxation under Section 501 of the Internal Revenue Code, to sublease the Real Estate; and WHEREAS, Southhold has proposed to relocate to the Real Estate a single family home that would otherwise have been demolished in order to allow for business growth and development; and WHEREAS, Southhold has proposed to rehabilitate the house it desires to relocate to the Real Estate in order to add to the number of affordable housing units available within the City; and WHEREAS, the use to which Southhold intends to put the Real Estate is consistent with the purposes for which the Real Estate is being subleased to HDC; and WHEREAS, Section 16 of the Sublease requires the City's written approval of any sublease of the Real Estate by HDC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SOUTH BEND BOARD OF PUBLIC WORKS AS FOLLOWS: 1. The sublease by HDC to Southhold of the following described property situated in St. Joseph County, Indiana: A parcel of land in the Southwest Quarter of Section 12, Township 37 North, Range 2 East, City of South Bend, Portage Township, St. Joseph County, Indiana, being platted as Denniston & Fellows Addition as recorded in Book 2, Page 48, at the St. Joseph County Recorder's office in South Bend, Indiana, and described as follows: Beginning at an iron at the intersection of the East right-of-way line of Carroll Street and the South right-of-way line of South Street; thence South 89039147" East (bearing assumed), 141.50 feet along said South right-of-way line to the Point of Beginning; thence continuing South 89*39147" East, 50.00 feet along said South right-of-way line; thence South 00000'00" East, 115.50 feet to the North right-of-way line of a 14.00 foot alley; thence North 89039147" West, 50.00 feet along said North right-of-way line; thence North 00000100" West, 115.50 feet to the South right-of-way line of South Street and the Point of Beginning, and containing 0.1326 acres, more or less, and is subject to all easements, restrictions and or covenants of record, commonly known as 312 East South Street, South Bend, shall be and hereby is approved, subject to the following conditions: 1. Southhold shall locate on the Real estate a single family house, shall rehabilitate said house and shall make said house available as affordable rental housing. 2. That the terms of any sublease between Southhold and HDC shall be substantially similar and not inconsistent with the terms of the Sublease between the City and HDC dated October 21, 1991. 016 REGULAR`MEETING JANUARY 18, 1993 Adopted at the January 18, 1993, meeting of the City of South Rend Board of Public Works. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/John Leszczynski s/James R. Caldwell s/Mary Hall Mueller ATTEST: s/Sandra M. Parmerlee, Clerk ADOPT RESOLUTION NO. 5-1993 - TRANSFER OF REAL PROPERTY - 316 EAST SOUTH STREET Mr. Thomas Eddington, Department of Economic Development, informed members of the Board that Resolution No. 5-1993 involves a parcel of property located adjacent to the property previously discussed in Resolution No. 4-1993. He noted that this is a parcel of property that the City owns and Southhold Restorations, Inc. would like to acquire in order to place a larger house on this vacant lot. Representatives from Southhold advised members of the Board that they would like to place on this vacant lot a large two (2) family unit house that will fit into the neighborhood. It is noted that Mr. Jerry Wiener, Treasurer, Southhold Restorations, Inc., 322 West Washington, South Bend, Indiana, submitted to the Board a letter which indicated that Southhold Restorations is currently under contract with Memorial Hospital to move two (2) buildings, with a potential for three (3) more houses, in conjunction with Memorial's current expansion program. The letter further indicated that Southhold intends to move and renovate these buildings for resale. One building could possibly be a future home for Southhold, who for over twenty-six (26) years has been a not -for -profit historic preservation organization. They would hope that the vacant City -owned property could be obtained at no cost, in an effort to continue their dedicated service to the South Bend community. The first building of this project will be moved to the South Street property prior to April 1993. It is anticipated that renovation will be completed on or about September 30, 1993 with a sale or occupation date of December 31, 1993. Southhold's contract with Memorial Hospital indicates that Memorial agrees to make all arrangements for the houses to be moved to lots within the City selected by Southhold, subject to approval by Memorial as to the distance from the present location of the houses, including all necessary permits for the move of the houses, insurance during the course of the move, the construction of foundations upon which the houses will be located and the placement of the houses on the foundations. The timing of the move of the houses shall be decided by Memorial with reasonsable notification to Southhold as to the date and time of the move. Further, after the move of the houses is complete, Memorial will send Southhold a complete listing of all expenses incurred by Memorial in preparing the houses for relocation. Southhold agrees as to each of the houses that in the event a house is sold or leased with a lease term longer than one (1) year or leased with a lease containing an option to purchase, Southhold will pay Memorial the entire amount they have expended in the preparation, move, construction of the foundations and other expenses itemized by Memorial for the move of the house. This payment shall be made on the same date the sale or lease of the house is 019 REGULAR MEETING JANUARY 18, 1993 1 executed by Southhold. For this purpose, the sale of a house shall be deemed to have occurred at the time title to the lot on which the house is located is conveyed or a ground lease is entered into as to such lot or the house itself is transferred or conveyed to any party other than Southhold. Therefore, Mr. Caldwell made a motion that the Resolution be adopted. Mrs. Mueller seconded the motion which carried, and the following Resolution No. 5-1993 was adopted: RESOLUTION NO 5-1993 A RESOLUTION OF THE BOARD OF PUBLIC WORKS APPROVING THE TRANSFER OF REAL PROPERTY TO SOUTHHOLD RESTORATIONS, INC. WHEREAS, pursuant to I.C. 36-9-6-3, the Board of Public Works of the City of South Bend (the "City") has custody of and may maintain all real property of the City of South Bend; and WHEREAS, the City owns the following described real property situated in St. Joseph County, Indiana: A part of Lot No. 23 in Denniston and Fellows Addition to the Town, now City, of South Bend, which part is bounded by a line running as follows: Beginning ata point 45 feet 3 inches west from the corner formed by the intersection of the South line of South Street with the West line of Columbia Street; thence South 7 rods to a public alley; thence West along the North line of said alley 45 feet; thence North 7 rods to the South line of South Street; thence East along the South line of South Street 45 feet to the place of beginning, commonly known and described as 316 East South Street, South Bend, Indiana ("Real Property"); and WHEREAS, the City is desirous of conveying the Real Property to Southhold Restorations, Inc., an Indiana nonprofit corporation exempt from federal income taxation under Section 501 of the Internal Revenue Code; and WHEREAS, Southhold Restorations, Inc., is desirous of receiving the Real Property from the City; and WHEREAS, pursuant to I.C. 36-1-11-1(b)(7), the City of South Bend, acting by and through the City, may exchange or transfer property with an Indiana nonprofit corporation; and WHEREAS, the City has agreed to convey the Real Property to Southhold Restorations, Inc., and Southhold Restorations, Inc., has agreed to accept the Real Property from the City for One Dollar ($1.00) and other good and valuable consideration. NOW; THEREFORE, BE TT RESOLVED BY THE SOUTH BEND REDEVELOPMENT COMMISSION AS FOLLOWS: 1. That the conveyance of the following -described real property by the City of South Bend, acting by and through its Board of Public Works, to Southhold Restorations, Inc.: A part of Lot No. 23 in Denniston and Fellows Addition to the Town, now City, of South Bend, which part is bounded by a line running as follows: Beginning at a point 45 feet 3 inches west from the corner formed by the intersection of 020 the South line of South Street with the West line of Columbia Street; thence South 7 rods to a public alley; thence West along the North line of said alley 45 feet; thence North 7 rods to the South line of South Street; thence East along the South line of South Street 45 feet to the place of beginning, commonly known and described as 316 East South Street, South Bend, Indiana, for One Dollar ($1.00) and other good and valuable consideration, shall be, and hereby is, approved. 2. That the Mayor and City Clerk of the City of South Bend shall be, and hereby are, authorized and requested to execute and attest to the execution of, respectively, a Quit Claim Deed to effectuate such conveyance. 3. That this Resolution shall be in full force and effect upon its adoption. ADOPTED at a meeting of the Board of Public Works held on January 18, 1993, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/John Leszczynski s/James R. Caldweli s/Mary Hall Mueller ATTEST: s/Sandra M. Parmerlee, Clerk ADOPT RESOLUTION NO. 6-1993 - ADOPTING SPECIFICATIONS RELATING TO SAFETY EQUIPMENT FOR TAXICABS Board Attorney and Member Mary H. Mueller informed members of the Board that on January 11, 1993, the Common Council adopted an ordinance which modified the existing taxicab ordinance regarding specific equipment for taxicabs which includes a warning system, by radio or lights, that has to be installed. Additionally, the ordinance now requires a drop safe with decals. Mrs. Mueller noted that the ordinance which was adopted is general and gives the Board of Public Works authority to adopt specifications by Board Resolution. Therefore, Mr. Caldwell made a motion that the appropriate Resolution which has been prepared be adopted. Mrs. Mueller seconded the motion which carried and the following Resolution No. 6-1993 was adopted: RESOLUTION NO. 6-1993 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING SPECIFICATIONS RELATING TO SAFETY EQUIPMENT FOR TAXICABS WHEREAS, there has been increased concern among governmental officials about the safety of taxicab drivers in light of recent violent crimes where taxicab drivers have been victimized; and WHEREAS, on January 11, 1993, the South Bend Common Council passed Ordinance No. 8339-93, which amended Section 4-61 of the Municipal Code to require specific equipment to be installed in taxicabs for the protection and safety of taxicab drivers; and WHEREAS, said ordinance contemplates that specifications for the safety equipment will be adopted by the Board of Public Works; and 1 1 L REGULAR MEETING JANUARY 18, 1993 -- 021 1 u WHEREAS, the Specifications Relating to Safety Equipment and Devices for Taxicabs attached hereto describe the equipment required by the ordinance in sufficient detail and are acceptable to the Board. NOW, THEREFORE, BE IT RESOLVED by the Board of Public of the City of South Bend that the attached Specifications Relating to Safety Equipment and Devices for Taxicabs are approved and adopted. Adopted this 18th day of January, 1993. ATTEST: s/Sandra M. Parmerlee, Clerk Works hereby CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/John Leszczynski s/James R. Caldwell s/Mary Hall Mueller SOUTH BEND BOARD OF PUBLIC WORKS Specifications Relating to Safety Equipment and Devices for Taxicabs Vehicle Safety Feature Equipment Every taxicab, as a condition of licensing or renewal of licensing on or after March 1, 1993, must be equipped with the following safety features: (1) A system enabling the silent activation of a distress or trouble signal by the driver by either of the two (2) methods set out below: (a) A system enabling the silent activation of distress or trouble light or lights. The distress or trouble light or lights shall be visible from at least the front and rear of the taxicab and must not protrude beyond the sides of the taxicab. The distress or trouble lights shall be either white or amber in color or have a white or amber colored lens. The lights shall be placed in either the dome light assembly or installed on the front and rear ends of the taxicab. The lights shall flash between 60 and 120 times per minute. The lights shall have a minimum light output of 25 candlepower. The flasher for the lights shall be silent when operating. The flasher for the lights shall be triggered by a foot switch, which is easily accessible to the driver without interfering with the operation of the vehicle. (b) A system enabling the silent activation of a warning to a dispatcher or the police department either by radio or telephonic communication. The radio or telephonic communication device must be activated by a floor switch which is easily accessible to the driver without interfering with the operation of the vehicle. The communication device must instantaneously alert a dispatcher or the police department that a vehicle is in "distress", and the system shall provide for a means of communicating the location of the taxicab. If the system uses a dispatcher the licensee must submit certification that a dispatcher will be on duty 24 hours per day. All such systems must be reviewed by the Police Department for compliance prior to approval. (2) A permanently installed drop safe The safe shall be made of steel and shall be bolted or welded permanently to the door, floor or seat frame of the taxicab so that it is reachable from the driver's seat. The safe shall be no smaller than 3" x 3 .022 REGULAR MEETING JANUARY 18, 1993 1/2" x 211. The safe shall be designed so that folded currency may be inserted into the safe through a drop slot, and may only be removed by means of a door or slide -out bottom that is opened with a key. The key shall not be kept on the driver or in the taxicab during the operation of the cab. (3) Signs or decals affixed to the taxicab advising the public that the taxicab is drop safe equipped and that the driver does not have a key to the safe, or such other message as may be approved by the Board of Public Works. Each taxicab shall exhibit a decal or sign on the exterior of each rear door. The sign or decal shall contain the following in red luminous letters at least two (2) inches in height on a white background: DROP SAFE EQUIPPED DRIVER HAS NO KEY The Board will consider and may approve other messages in lieu of that set out above, if such message is deemed to be equal or superior in its deterrent effect. (4) All safety equipment described by these specifications must be maintained in good condition at all times. If a licensee changes safety equipment, the Police Department must be notified and the taxicab reinspected within 48 hours after such change to insure compliance with Section 4-61 of the Municipal Code and the requirements of these specifications. APPROVE AGREEMENT FOR ENGINEERING SERVICES - WASTEWATER TREATMENT PLANT (TRIAD ENGINEERING INCORPORATED) Mr. Leszczynski advised that the Board is in receipt of an Agreement between the City and Triad Engineering Incorporated, 325 East Chicago Street, Milwaukee, Wisconsin, for professional engineering and technician services for the various phases of constructing scum handling and septage receiving improvements for the Wastewater Treatment Plant. Mrs. Mueller made a motion that the Agreement be approved and executed. Mr. Caldwell seconded the motion which carried. APPROVE CONSULTANT AGREEMENT- CHIPPEWA AVENUE STORMWATER CONTROL DESIGN SERVICES - (LAWSON FISHER ASSOCIATES) Mr. Leszczynski indicated that the Board is in receipt of a Consultant Agreement with Lawson -Fisher Associates, 525 West Washington Street, South Bend, Indiana, to provide engineering services for the design and construction of a stormwater control system for the Chippewa Avenue area, including design of a detention basin, flow channel across the Erskine Golf Course and relief sewer along Chippewa Avenue. The Agreement indicates that the cost of these services is $41,600.00. Mr. Leszczynski made a motion that the Agreement be approved and executed. Mrs. Mueller seconded the motion which carried. APPROVE PROPOSAL - BUILDINGS AND FACILITIES STUDY (THE TROYER GROUP) Mr. Leszczynski stated that a Proposal has been submitted by The Troyer Group, 415 Lincolnway East, Mishawaka, Indiana, to study the buildings and facilities operated by t'^e City of 0—th Re.^.a toward growth and expansion and/or renovation. Mr. Leszczynski indicated that The Troyer Group will look at the needs of the various City departments with reference to building needs. Therefore, Mr. Leszczynski made a motion that the Proposal be approved and executed. Mr. Caldwell seconded the motion which carried. APPROVE COMMUNITY DEVELOPMENT ADDENDUM The following Community Development Addendum was presented to the 1 x 023 1 1 REGULAR MEETING Board for approval: JANUARY 18, 1993 ADDENDUM I LA SALLE PARK DISTRICT COUNCIL LA SALLE - FILLMORE NEIGHBORHOOD CENTER Addendum I contains an addition to the Cost categories as follows: Cost categories shall also include eligible installation of building security devices and rehabilitation directed toward repairs,/replacement of electrical wiring and lighting in the LaSalle- Fillmore Neighborhood Center building, 323 South Bendix. Upon a motion made by Mrs. Mueller, seconded by Mr. Caldwell and carried, the above referred to Addendum was approved and executed. APPROVE AGREEMENT FOR STAFF SUPPORT - THE INDUSTRIAL REVOLVING FUND OF SOUTH BEND Mr. Leszczynski advised that the Board is in receipt of an Agreement for Staff Support between the Trust known as The Industrial Revolving Fund of South Bend, Indiana and the City of South Bend, by and through its Board of Public Works on behalf of its Economic Development Department. Mr. Leszczynski noted that this Agreement provides for staff support for 1993 and 1994. The City shall be paid $35,000.00 in 1993 and $45,000.00 in 1994 for these services. Mr. Caldwell made a motion that the Agreement be approved and executed. Mrs. Mueller seconded the motion which carried. AWARD BID - TWENTY-FOUR (24) POLICE CARS ONE (1) TWELVE (12) PASSENGER VAN AND ONE (1) 3/4 CARGO VAN In a letter to the Board, Mr. Matthew L. Chlebowski, Interim Director, Division of Equipment Services, recommended that the Board award the low bid of Gates Chevrolet Corporation, 401 South Lafayette Boulevard, South Bend, Indiana as follows: Twenty-four (24) 1993 Chevrolet Caprice four door sedans Net Price each: $ 12,454.31 Net Price twenty-four (24) units: $298,903.44 Add for four (4) units with power seats $ 1,012.60 NET BID: $299,916.04 One (1) 1993 Chevrolet 12 Passenger Sport Van Net Price: $ 15,012.86 One (1) 1993 Chevrolet 3/4 Ton Cargo Van Net Price: $ 11,551.18 TOTAL BID AWARD: $326,480.08. Mr. Chlebowski noted that the total cost of this bid award is $326,480.08. It is further noted that bids for these vehicles were opened by the Board of Public Works on January 4, 1993. Mr. Caldwell made a motion that the recommendation be accepted and the bid be awarded. Mrs. Mueller seconded the motion which carried. AWARD BIDS - CHEMICALS - WASTEWATER TREATMENT PLANT In a letter to the Board, Mr. Timothy Brill, Compliance Officer, Division of Environmental Services, recommended that the following awards be approved: 024 REGULAR MEETING JANUARY 18, 1993 11 ITEM #1 CHLORINE: K.A. Steel Chemicals, Inc. 1001 Main Street Lemont, Illinois ITEM #2 FERRIC CHLORIDE: PVS Technologies, Inc. 10900 Harper Avenue Detroit, Michigan ITEM #3 SULFUR DIOXIDE Alexander Chemical Corporation One Corporate Lakes 2525 Cabot Drive Lisle, Illinois $132.00/ton $207.25/ton $347.00/ton It is noted that bids for these chemicals were opened by the Board on January 4, 1993. Therefore, Mr. Leszczynski made a motion that the recommendation be accepted and the bids be awarded as outlined above. Mr. Caldwell seconded the motion which carried. APPROVE PETITION FOR RESTRICTED RESIDENTIAL PARKING - 800 BLOCK NORTH BROOKFIELD STREET In a Memorandum to the Board, Mr. Carl P. Littrell, Director, Division of Engineering, advised that the Bureau of Traffic and Lighting conducted a parking study in regards to the Petition for the Establishment of a Restricted Residential Parking Zone from 802 North Brookfield to the corner of Brookfield at Lincolnway West on the east side of the street only. It is noted that this Petition was submitted to the Board on October 19, 1992. Mr. Littrell stated that the study indicates that the residents on the east side of Brookfield, in that block, are pre-empted from parking near their residences due to the demand for parking by employees and patrons of a nearby commercial business. The non-resident occupancy during the study period exceeds the twenty-five per cent (250) occupancy required by the ordinance. Additionally, during the twelve (12) hour study that was conducted, a total of ninety-nine (99) vehicles occupied curb space for a seventy-five per cent (75%) occupancy rate. In conclusion, Mr. Littrell recommended that the Petition be approved. Mr. Caldwell made a motion that the recommendation be accepted and the Petition be approved. Mrs. Mueller seconded the motion which carried. FAVORABLE RECOMMENDATION - PETITION TO VACATE WEST OLD CLEVELAND ROAD FROM THE EAST RIGHT-OF-WAY LINE OF THE U.S. 31 BYPASS TO THE WEST RIGHT-OF-WAY LINE OF NORTH MAYFLOWER ROAD Mr. Leszczynski indicated that the Board is in receipt of an Ordinance proposing the vacation of a portion of Old Cleveland Road as submitted to the Common Council by Mr. Jon R. Hunt, Executive Director, Department of Economic Development, 1200 County -City Building, South Bend, Indiana. The property proposed to be vacated is as follows: A part of the Southeast Quarter (SE 1/4) of Section 19, a part of the Northwest Quarter (NW 1/4) and a part of the Southwest Quarter (SW 1/4) of Section 20, a part of the Northwest Quarter (NW 1/4) of Section 29, and a part of the Northeast Quarter (NE 1/4) of Section 30 all in Township 38 North, Range 2 East, German Town- ship, St. Joseph County, Indiana, more particularly described as follows: �I 1 025 REGULAR MEETING JANUARY 18, 1993 The street to be vacated is described as West Old Cleveland Road from the east right-of-way line of the U.S. 31 Bypass to the west right- of-way line of North Mayflower. Road. Board Attorney and Member Mary H. Mueller informed members of the Board that the property proposed to be vacated is no longer needed because of the construction of the new Nimtz Parkway. Mr. Leszczynski further advised that the Board is in receipt of favorable recommendations concerning this proposed vacation from the Police Department, Fire Department, Department of Economic Development, Division of Engineering and the Area Plan Commission. Therefore, Mrs. Mueller made a motion that the Board submit to the Common Council a favorable recommendation concerning this vacation. Mr. Caldwell seconded the motion which carried. FAVORABLE RECOMMENDATION - PETITION TO VACATE THE 1ST E/W ALLEY NORTH OF WEST STULL FROM THE EAST R-O-W LINE OF S. MAIN ST.. TO Tnz Wr�•T R-U-W L1Nr; OF THE 1ST NIS ALLEY EAST OF S. MAIN ST. It was noted that the Board is in receipt of a Vacation Petition as submitted to the Common Council by Ms. Ann E. Kolata, Department of Economic Development, 1200 County -City Building, South Bend, Indiana, on behalf of the Redevelopment Commission with Mr. Tom Eddington as the Contact Person. The property proposed for vacation is as follows: The first east/west alley north of West Stull St., from the east right-of-way line of South Main Street to the west right-of-way line of the first north/south alley east of South Main Street, for a distance of approximately 165 feet and a width of approximately 14 feet. Part situated in South Bend City, Indiana. Mr. Leszczynski noted that the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Area Plan Commission, Police Department, Division of Engineering, Fire Department and Department of Economic Development. Therefore, Mr. Caldwell made a motion that the Board forward to the Common Council a favorable recommendation concerning this proposed vacation. Mrs. Mueller seconded the motion which carried. FAVORABLE RECOMMENDATION- PETITION TO VACATE THE 1ST E/W ALLEY NORTH OF W. STULL FROM THE EAST R-O-W LINE OF S. FRANKLIN ST. TO THE WEST R-O-W LINE OF THE 1ST N/S ALLEY EAST OF S. FRANKLIN AND THE 1ST N/S ALLEY EAST OF S. FRANKLIN FROM THE NORTH R-O-W LINE OF WEST STULL TO THE SOUTH R-O-W LINE OF W. GARST Mr. Leszczynski advised that the Board is in receipt of a Vacation Petition as submitted to the Common Council by Ms. Ann E. Kolata, Department of Economic Development, 1200 County -City Building, South Bend, Indiana, on behalf of the Redevelopment Commission with Mr. Tom Eddington as the Contact Person. The property proposed for vacation is as follows: The first east/west alley north of West Stull Street, from the east right-of-way line of South Franklin Street to the west right-of-way line of the first north/south alley east of South Franklin Street for a distance of approximately 165 feet and a width of approximately 14 feet; and the first north/south alley east of S. Franklin Street from the north right-of-way line of West Stull to the south right-of-way line of West Garst Street for a distance of approximately 571.7 feet and a width of approximately 14 feet. Part situated in South Bend City and Stull's 2nd Addition to the City of South Bend, Indiana. 026 REGULAR -MEETING JANUARY 18, 1993 Mr. Leszczynski indicated that the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Area Plan Commission, Fire Department, Police Department, Department of Economic Development and the Division of Engineering. Board Attorney and Member Mary H. Mueller inquired of Mr. Tom Eddington, Department of Economic Development, the purpose of this vacation. Mr. Eddington advised that it is anticipated that this property, located in the Studebaker Corridor, will be replatted. Therefore, Mr. Caldwell made a motion that the Board submit to the Common Council a favorable recommendation concerning this vacation. Mrs. Mueller seconded the motion which carried. FILING OF TRANSIENT MERCHANTS LICENSE APPLICATION Mr. Leszczynski advised that the Board is in receipt of a Transient Merchants license application as submitted by Mr. Robert J. Sayre, Midwest Golf and Sport Shows, Inc., P.O. Box 1036, 600 Talcott Road, Park Ridge, Illinois, to conduct the Michiana Golf Show at Century Center on February 12, 13, and 14, 1993. Board Attorney and Member Mary H. Mueller informed members of the Board that pursuant to the licensing ordinance requirements, the Board needs to accept this application for filing and set a Public Hearing date. Therefore, Mr. Caldwe l made a motion that the application be accepted for filing and that the Public Hearing be set for 9:30 a.m., Monday, February 1, 1993. Mrs. Mueller seconded the motion which carried. APPROVE AND/OR RELEASE CONTRACTORS AND EXCAVATION BONDS Mr. Larry Spradlin, Sr., Division of Engineering, recommended that the following bonds be approved and/or released as indicated: CONTRACTOR'S BOND Union Station Properties Release Eff. 1-18-93 310 South Street South Bend, Indiana Steve Hartle, d/b/a Release Eff. 2-14-93 Restoration & Construction B L Builders, Inc. Approve Eff. 1-18-93 400 South West Street Mishawaka, Indiana EXCAVATION BONDS Steve Hartle, d/b/a Release Eff. 5-8-93 Restoration & Construction Upon a motion made by Mr. Leszczynski, seconded by Mr. Caldwell and carried, the recommendation was accepted and the bonds were approved and/or released as indicated above. FILING OF CERTIFICATES OF INSURANCE Upon a motion made by Mr. Leszczynski, seconded by Mrs. Mueller and carried, Certificates of Insurance for the following were accepted for filing: 1. Petroleum Equipment, Inc. and Liquid Systems, Inc. 128745 McKinley Highway Mishawaka, Indiana REGULAR MEETING JANUARY 18, 1993 021 1 2. Memorial Health System, Inc. etal 615 North Michigan Street South Bend, Indiana FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORTS Mr. Leszczynski indicated that the Department of Code Enforcement has submitted two (2) lists containing twenty-eight (28) City owned and miscellaneous properties which were cleaned by the Department from January 4, 1993 to January 5, 1993. Mrs. Mueller made a motion that the lists as submitted be accepted for filing. Mr. Caldwell seconded the motion which carried. APPROVE CLAIMS Mr. Kevin C. Horton, City Controller, submitted to the Board claims in the amount of $498,491.15 and recommended approval. Additionally, Mr. Juan A. Manigault, Executive Director, WDS of Northern Indiana, submitted two (2) lists containing claims in the amounts of $56,371.15 and $264,551.86 and recommended approval. Therefore, Mr. Leszczynski made a motion that the claims be approved as recommended. Mr. Caldwell 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 Mrs. Mueller and carried, the meeting adjourned at 9:51 a.m. AT ST: Sandra M. Parmerlee, Clerk r 4�hn E. Leszezy s James R al well Mary H. a er