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HomeMy WebLinkAbout12/20/93 Board of Public Works Minutes4 "1 4 4 REGULAR MEETING DECEMBER 20, 1993 The regular meeting of the Board of Public Works was convened at 9:30 a.m. on Monday, December 20, 1993, 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 Mary H. Mueller. AGENDA ITEM ADDED There being no objections by members of the Board, a traffic control device was added to the agenda. 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 December 13, 1993, were approved. OPENING OF BIDS - DEMOLITION - TWO (2) STRUCTURES AT 1424 SOUTH LAFAYETTE BOULEVARD 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: BRADBERRY BROTHERS, INC. 20061 Dice Street South Bend, Indiana 46614 Bid was signed by Mr. W. J. Bradberry, President, Non - Collusion Affidavit was in order, Non -Discrimination Commitment form was completed and a Certified Check in the amount of $1,142.80 was submitted. BID: $22,856.00 B & J EXCAVATING, INC. 1104 West Donald Street South Bend, Indiana 46613 Bid was signed by Mr. Julius O'Neal, Jr., Non -Collusion Affidavit was in order, Non -Discrimination Commitment form was completed and a five per cent (50) Bid Bond was submitted. BID: $25,994.00 W. A. BAILEY CONSTRUCTION 17051 Millpond Trail Plymouth, Indiana 46563 Bid was signed by Mr. William A. Bailey, Non -Collusion Affidavit was in order, Non -Discrimination Commitment form was completed and two (2) Money Orders in the amounts of $190.00 and $300.00 were submitted. BID: $9,800.00 WARNER & SONS, INC. P.O. Box 87 Elkhart, Indiana 46515 Bid was signed by Mr. Jack Warner, President, Non -Collusion Affidavit was in order, Non -Discrimination Commitment form was completed and a five per cent (50) Bid Bond was submitted. BID: $32,430.00 1 1 1 REGULAR MEETING DECEMBER 20, 1993 WAGONER EXCAVATING 1373 East S.R. 4 LaPorte, Indiana 46�50 Bid was signed by Mr. Robert Wagoner, Owner, Nan -Collusion Affidavit was in order, Non -Discrimination Commitment form was completed and a five per cent (5%) Bid Bond was submitted. BID: $38,900.00 LA FREE EXCAVATING, INC. 1251 West Third Street Osceola, Indiana 46561 Bid was signed by Mr. Greg LaFree, Vice -President, Non - Collusion Affidavit was in order, Non -Discrimination Commitment form was completed and a five per cent (5%) Bid Bond was submitted. BID: $22,840.00 RITSCHARD BROTHERS, INC. 1204 West Sample Street South Bend, Indiana 46619 Bid was signed by Mr. Carmelo Ritschard, President, Non - Collusion Affidavit was in order, Non -Discrimination Commitment form was completed and a five per cent (5%) Bid Bond was submitted. BID: $20,975.00 Upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the above bids were referred to the Division of Engineering for review and recommendation. PUBLIC HEARING AND APPROVAL - TRANSIENT MERCHANT LICENSE (RICHARD CROSIER, D/B/A NORTHERN INDIANA GUN & OUTDOOR SHOWS, INC.) Mr. Leszczynski advised that this was the date set for the Board's Public Hearing regarding the application for a Transient Merchants license for Richard Crosier, d/b/a Northern Indiana Gun & Outdoor Shows, Inc., 4322 Taylorsville Road, Louisville, Kentucky. It is noted that Mr. Crosier has applied for this license in order to conduct a Gun and Outdoor Show on January 15, 1994 from 9:00 a.m. to 5:00 p.m. and on January 16, 1994 from 9:00 a.m. to 4:00 p.m. at the Century Center, South Bend, Indiana. Mr. Ron Cholasinski, 25190 Adams Road, South Bend, Indiana, was present, representing Mr. Richard Crosier, d/b/a Northern Indiana Gun & Outdoor Shows, Inc., and inquired the purpose of the license and who gets the three hundred dollar ($300.00) fee. Board Attorney Mary H. Mueller informed Mr. Cholasinski that previously the City was not enforcing the Transient Merchants license as it had some problems. However, the licensing ordinance has been revised and is now back in operation. Mrs. Mueller noted that this license is required of Northern Indiana Gun & Outdoor Shows, Inc, as a group event for merchants operating less than sixty (60) days. This license is to protect the consumer to make sure the event is being held in a safe place and to make sure the City and the consumer know who to contact should there be any problems. Mr. Cholasinski inquired of other events taking place and wondered if they had to be licensed as well. Mrs. Mueller reassured Mr. Cholasinski that any event open to the public which has as its main purpose to sell to the public will have to secure this type 4 "i u REGULAR MEETING DECEMBER 20, 1993 of license. Mr. Cholasinski noted that there are quite a few local vendors participating in the gun show but there are also vendors coming from out of town. Mrs. Mueller also advised Mr. Cholasinski that the three hundred dollar ($300.00) fee covers all aspects of the processing of this license including inspections and reviews by various City departments. Mrs. Mueller noted that previously the fee was three hundred and fifty dollars ($350.00) but when the ordinance was revised the fee was reduced to three hundred dollars ($300.00). In response to Mrs. Manier's inquiry, Mr. Cholasinski advised that the gun show will be held at Century Center on January 15-16, 1994. In response to Mrs. Mueller's inquiry, Mr. Cholasinski noted that they have held their show at the Century Center for the past three (3) years and have been putting on shows in the South Bend area for quite some time. Mr. Cholasinski advised members of the Board that he had some concerns with security for the gun show at Century Center. Mr. Cholasinski was advised to talk to Board Attorney Mary Mueller after the meeting to discuss his concerns. 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 based on Mr. Cholasinski safety concerns being adequately addressed by Board Attorney Mary H. Mueller. Mrs. Manier seconded the motion which carried. PUBLIC HEARING AND APPROVAL OF EXTENSION OF LEASE FOR TEMPORARY OFFICE SPACE - CITY CLERK'S OFFICE Mr. Leszczynski noted that this was the date set for a Public Hearing by the Board to receive and hear comments from all persons interested in or who are affected by the Lease of office space for the employees of the City Clerk's office. The Board will determine the public utility and benefit of the proposed Lease and whether the rental is fair and reasonable. Board Attorney Mary H. Mueller informed members of the Board that on December 6, 1993, the Board adopted Resolution No. 43-1993 declaring its intent to exercise an option to extend the Lease of the property at Suite 216, 224 West Jefferson Boulevard, South Bend, Indiana, for temporary use as the South Bend City Clerk's office. The purpose of the Public Hearing at this time is to let individuals with concerns address those concerns with the Board and to determine whether the rental is fair and reasonable. Also, the Board will be asked to sign an Option Letter exercising the City's right to extend the Lease for three (3) months. In response to an inquiry from Board member Mrs. Manier, Mrs. Mueller stated that the rent is the same as it has been and the extended Lease will continue to April 11, 1994 at which time the City Clerk's office will return to their original offices on the fourth floor of the County -City Building. In further response to inquiries from the Board, Mrs. Mueller stated that it is anticipated that all interior and exterior work in the City Clerk's office will be completed by April 11, 1994. 1 1 I j a REGULAR MEETING DECEMBER 20, 1993 There being no one present to address the Board concerning this matter, Mr. Leszczynski declared the Public Hearing closed. Mrs. Manier seconded the motion which carried. Mrs. Manier made a motion that the Board confirm its Resolution No. 43-1993 regarding this matter and approve and sign a Letter to Tom Herrman and Associates, 225 South Lafayette Boulevard, South Bend, Indiana, exercising the City's option to extend the Lease of Suite 216 of the Trigon Building as temporary space for the South Bend City Clerk's office for a period of three (3) months. Mr. Caldwell seconded the motion which carried. It is noted that the extended term will commence on January 11, 1994 and end on April 11, 1994 and pursuant to the Lease, the City will continue to pay a monthly rate of $933.33. ADOPT RESOLUTION NO. 48-1993 - TRANSFER OF BOMAG RECYCLER TO GRANT COUNTY, INDIANA Upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the following Resolution No. 48-1993 was adopted: RESOLUTION NO. 48-1993 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING A.BOMAG RECYCLER TO GRANT COUNTY INDIANA WHEREAS, pursuant to I.C. 36-9-6-3, the Board of Public Works of the City of South Bend (the Board) has custody of all personal property of the City of South Bend; and WHEREAS, pursuant to I.C. 36-2-3.5-4, the Board of Commissioners of Grant County, Indiana (the Commissioners) supervise the care and custody of all county property and have the power to negotiate contracts for the county; and WHEREAS, the City of South Bend is the owner of certain personal property described as follows: 1985 MPH 100 BOMAG Recycler Street Department Unit #289 Serial #85596; and WHEREAS, the Board has determined that such equipment is no longer needed for the operation of the Street Department of the City of South Bend and desires to transfer said equipment to Grant County, Indiana, for the negotiated sum of Ninety Thousand Dollars ($90,000.00): and WHEREAS, the Commissioners are interested in obtaining said equipment for the county highway department and are willing to pay Ninety Thousand Dollars ($90,000.00) to the City of South Bend for such equipment; and WHEREAS, pursuant to I.C. 36-1-11-8, governmental entities may exchange property with one another upon terms and conditions agreed upon by the two entities as evidenced by the adoption of substantially identical resolutions by each entity. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend, Indiana, as follows: 1) That the transfer of the 1985 BOMAG recycler as described above to the Grant County Board of Commissioners for the 4 -1 REGULAR MEETING DECEMBER 20 1993 sum of Ninety Thousand Dollars ($90,000.00) shall be, and hereby is, approved. 2) That upon the payment of Ninety Thousand Dollars ($90,000.00) from the Commissioners of Grant County to the City of South Bend, the equipment described above will be released by the City of South Bend. 3) That this Resolution shall be in full force and effect upon its adoption. Adopted this 13th day of December, 1993. SOUTH BEND BOARD OF PUBLIC WORKS a/John E. Leszczynski, President s/James R. Caldwell, Member s/Jenny Pitts Manier, Member ATTEST: s/Sandra M. Parmerlee, Clerk ADOPT RESOLUTION NO. 49-1993 - ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA IN CENTRE TOWNSHIP (RESERVOIR ANNEXATION) Mr. Leszczynski advised that the Board is in receipt of Resolution No. 49-1993 which contains a written fiscal plan for the provision of services to an area in Centre Township. Mr. Marco J. Mariani, Division of Planning & Neighborhood Development, Department of Community and Economic Development, was present to address the Board concerning this matter. Mr. Mariani stated that this annexation involves a parcel of property containing approximately thirty-two (32) acres. The area is located west of Ironwood Road and south of Ireland Road in unincorporated St. Joseph County. It is bordered by the Scottsdale Subdivision on the west and on the south by the U.S. 31 bypass. The topography of the area is flat to moderately sloping. Several buildings are located within this annexation area including the United Pentecostal Church, pastors residence and shed occupying approximately four (4) acres, three (3) single residential family dwellings, one (1) medical office building and one (1) single family/mixed use structure. A City reservoir is located at the southwest corner of the area and Indiana and Michigan Power has their power lines in the area. Mr. Mariani noted that the effective date of this proposed annexation is April 1, 1994. In regards to infrastructure, Mr. Mariani noted that four (4) of the structures in the area are already receiving City sewer and water and two (2) are on private well/septic systems. Mr. Mariani stated that City sanitary sewer and water are available to the area and the Department of Public Works does not anticipate any additional cost to provide services to the annexation area. The subject area is surrounded by water mains. A twenty inch (2011) line is located on the west boundary within the access road leading to the City reservoir situated in the southwestern corner of the site. A sixteen inch (1611) water main is also located along Ireland Road. There are twelve inch (1211) mains located along the south and east boundaries. No expense for water services is anticipated and all water mains are available to the 1 REGULAR MEETING DECEMBER 20, 1993 annexation area. A twenty four inch (2411) sanitary sewer abuts the area located in the Ironwood Road right-of-way. An eight inch (811) sanitary sewer abuts the -properties -along Ireland Road. This annexation is not going to require any extension of services or capital improvements. Mr. Mariani noted that this fiscal plan meets the requirements of the laws of the State of Indiana pertaining to annexation of contiguous property and also shows that this annexation receives and benefits from City services. In conclusion, Mr. Mariani asked for the Board's favorable consideration of this Resolution adopting the fiscal plan for this proposed annexation. Mrs. Manier made a motion that the Resolution which has been submitted be adopted. Mr. Caldwell seconded the motion which carried and the following Resolution No. 49-1993 was adopted: RESOLUTION NO. 49-1993 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 CENTRE TOWNSHIP (RESERVOIR ANNEXATION) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, a substitute ordinance which proposes the annexation of the hereinafter described real estate located in Centre Township, St. Joseph County, Indiana; and WHEREAS, the territory proposed to be annexed encompasses an operating City reservoir, residential properties, a church, and commercial and mixed -use property located in Centre Township, contiguous therewith and generally located west of Ironwood Road, and south of Ireland Road. The development of the territory proposed to be annexed will require a basic level of municipal public services, 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 148 REGULAR MEETING DECEMBER 20, 1993 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 Centre Township, St. Joseph County, Indiana, described in Exhibit "A," 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 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 20th day of December, 1993. BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA s/John E. Leszczynski s/James R. Caldwell s/Jenny Pitts Manier Attest: s/Sandra M. Parmerlee, Clerk EXHIBIT "A" Parcels of land located in the Southeast quarter of Section 30, Township 37 North, Range 3 East, Centre Township, St. Joseph County, Indiana; more particularly described as follows: Commencing at the northeast corner of the REGULAR MEETING DECEMBER 20, 1993 southeast quarter of Section 30; thence due west 1320 feet to the point of beginning; thence south 1320 feet along the section line; thence east 1320 feet to the east section line, of Section 30; thence north 960 feet, more or less, along the east section line; thence west 392.46 feet; thence south 12.2 feet; thence west 549.17 feet; thence north 380.9 feet, more or less to the center line of Ireland Road; thence west 376 feet, to the point of beginning, and containing 37.02 acres, more or less. ADOPT RESOLUTION NO. 50-1993 APPROVING THE TRANSFER OF REAL PROPERTY TO THE CITY OF SOUTH BEND DEPARTMENT OF REDEVELOPMENT Board member Mrs. Jenny Pitts Manier informed members of the Board that the Department of Redevelopment is desirous of acquiring from the City of South Bend Board of Public Works seventeen (17) parcels of real estate in the southeast development area. This acquisition will assist in the further development of that area and allow the Department of carry out the development plan for that area. Mr. Caldwell made a motion that the Resolution, as submitted, be adopted. Mrs. Manier seconded the motion which carried and the following Resolution No. 50-1993 was adopted: RESOLUTION NO. 50-1993 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND INDIANA APPROVING THE TRANSFER OF REAL PROPERTY TO THE CITY OF SOUTH BEND DEPARTMENT OF REDEVELOPMENT WHEREAS, the City of South Bend, Indiana (the "City") is the owner of certain real property situated in St. Joseph County, Indiana, and more particularly described at Exhibit "A," hereto (hereinafter referred to as the "Real Property"); and WHEREAS, pursuant to I.C. 36-9-6-3, the Board of Public Works of the City of South Bend (the "Board") has custody of and may maintain all real property of the City of South Bend; and WHEREAS, the City is desirous of transferring the Real Property to the City of South Bend, Department of Redevelopment ("Redevelopment");and WHEREAS, Redevelopment, acting by and through the South Bend Redevelopment Commission (the "Commission"), in Resolution No. 1212 adopted on December 17, 1993, expressed its desire to acquire the Real Property from the City; and WHEREAS, pursuant to I.C. 36-1-11-8, the City, acting by and through the Board, may exchange or transfer property with another governmental entity upon terms and conditions agreed upon by the two (2) entities as evidenced by the adoption of substantially identical resolutions of each entity; and WHEREAS, the Board has agreed to transfer the Real Property to Redevelopment, and Redevelopment, acting by and through the Commission, has agreed to accept the transfer of the Real Property from the City for the payment of a nominal consideration. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND AS FOLLOWS: 1. That the transfer of the Real Property situated in St. 48 REGULAR MEETING DECEMBER 20, 1993 Joseph County, Indiana and more particularly described at Exhibit "A," hereto, by the City of South Bend, Indiana to the City of South Bend, Department of Redevelopment shall be, and hereby is, approved. 2. That the Mayor and City Clerk of the City of South Bend, Indiana shall be, and hereby are, authorized, respectively, to execute and attest to the execution of quitclaim deeds conveying all its right, title and interest in and to the Real Property to the City of South Bend, Department of Redevelopment. 3. That this Resolution shall be in full force and effect upon its adoption. ADOPTED this 20th day of December, 1993. ATTEST: s/Sandra M. Parmerlee, Clerk 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/John E. Teszczynski s/James R. Caldwell s/Jenny Pitts Manier EXHIBIT "A" 219 Keasey Street 118 Keasey Street 120 Keasey Street 126 Keasey Street 128 Keasey Street 132 Keasey Street 314 Keasey Street 134 Keasey Street 208 Keasey Street 233 Elder Street 1311 St. Joseph Street 313 Wenger Street 402 Paris Street 209 Pennsylvania Street 237 Paris Street The west one-half (1/2) as shown on the recorded August 23, 1870, in the Joseph County, Indiana, as 202 Keasey Street. of Lot Numbered Seventeen (17) Plat of Keasey's, recorded Office of the Recorder of St. in Plat Book 2, Page 69. Known Lot Numbered eighteen (18) as shown on the recorded Plat of Keasey's Addition, recorded August 23, 1870, in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 2, page 69. Known as 202 1/2 Keasey Street. APPROVE AMENDMENT - CONSTRUCTION ENGINEERING FOR THE COMMUNICATION, INFORMATION AND CONTROL PROJECT (LIFT STATION TELEMETRY) WASTEWATER TREATMENT PLANT Mr. Jack Dillon, Director, Division of Environmental Services, informed the Board that Lawson -Fisher Associates, Consulting Engineers, 525 West Washington Street, South Bend, Indiana, has requested an increase of $70,320.00 in their Contract for Construction Engineering for the Communication, Information and Control Project (lift station telemetry). 1 1 1 4C REGULAR MEETING DECEMBER 30, 1993 The increase is required because of under -estimation of review time for submittals and re -submittals. This extra review time was necessary to keep the contractor on schedule for substantial completion by the end of January. Mr. Dillon noted that the overall project should come in under budget because most of the screens for the application software are being built in-house. Therefore, Mr. Caldwell made a motion that this Amendment to the original Contract be approved. Mrs. Manier seconded the motion which carried. Mr. to Mr. RATION AND WAIVER OF RIGHT Leszczynski stated that the Board is in receipt of a Consent Annexation and Waiver of Right to Remonstrate as submitted by Rick H. Peltz. CONSENT TO The Consent indicates that in consideration for permission to tap into the public sanitary sewer system of the City, to provide sanitary sewer service to Lot 40, Greenleaf Second Addition - Section "E", South Bend, Indiana, (Key #02-1015-0317.03), Mr. Peltz 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, Mrs. Manier made a motion that the Consent be approved. Mr. Caldwell seconded the motion which carried. rirrtcuvZ RULES AND REGULATIONS - SPECIALIZED COLLECTION SERVICES Board Attorney Mary H. Mueller submitted to the Board proposed Rules and Regulations regarding specialized collection services. Mrs. Mueller noted that these rules deal with the collection of residential refuse from other than curbside or alleyside by private contractors operating under an annual permit issued by the Board. Mrs. Mueller additionally noted that the regulations provide for the following: 1. Requirements for issuance of the annual permit by the Board. 2. Procedures for suspension, revocation or refusal to issue permits by -the Board. 3. Regulations governing the operation of the specialized collection services, including the placement of refuse for collection and proper disposal of refuse 4. Provisions for notice to the City when customers are added or deleted as a mechanism for the City commencing or ceasing its monthly billing for residential refuse collection. Mrs. Mueller also submitted a proposed application form for the permit for specialized collection services and a form for notice of addition or deletion of a customer for specialized collection services. Except for the permit approval, all paperwork regarding this program will be handled by the Division of Environmental Services. Following are the proposed Rules and Regulations: BOARD OF PUBLIC WORKS FOR THE CITY OF SOUTH BEND INDIANA RULES AND REGULATIONS REGARDING RESIDENTIAL REFUSE COLLECTION 4b4 REGULAR MEETING DECEMBER 20, 1993 I. Specialized Collection Services A. Collection by Private Contractors Pursuant to Permit 1) Permit. The Board of Public Works (Board) may authorize a person or company by annual permit to provide specialized collection services as defined in Chapter 16 of the Municipal Code. 2) Application Permit. To be eligible for issuance of an annual permit to provide specialized collection services, an applicant must meet the following requirements: a) Applicant must be currently licensed by the City for rubbish and garbage removal under Municipal Code Section 4-48; b) Applicant must possess a valid driver's license of the type required by law for the type and size of collection vehicle utilized; c) Applicant must operate a collection vehicle which provides for the refuse to be covered and which employs a bed liner or other substitute to contain the leachate; d) Applicant must provide an initial list of all customers, by name and address, to whom applicant will provide specialized collection services upon issuance of the permit by the Board. 3) Term of Permit. The term of the permit issued by the Board shall be one (1) year; provided, however, that all permits shall expire on December 31st of the year for which they were issued. 4) Refusal to Issue Permit. The Board may refuse to issue or renew a permit if, after a hearing pursuant to the procedures set out in Municipal Code Section 4-16, it finds that applicant has failed to comply with the requirements of Chapter 16 of the Municipal Code or these rules and regulations relative to the provision of specialized collection services. 5) Suspension or Revocation of Permit. The Board may suspend or revoke a permit issued pursuant to these rules if it finds, after a hearing pursuant to the procedures set out in Municipal Code Section 4-16, that applicant no longer meets the requirements for issuance of a permit or if it finds that applicant has failed to comply with the requirements of Chapter 16 of the Municipal Code or these rules and regulations relative to the provision of specialized collection services. B. Operation; Required Services 1) Hours of Operation. The holder of a permit granted pursuant to these rules (Permittee) must conduct its specialized collection services between the hours of 6:00 A.M. and 8:00 P.M., Monday through Friday. No collections shall be made on weekends or outside the time period provided above. 2) Required Services. Specialized collection services must include collection of residential refuse, as defined in Chapter 16 of the Municipal Code, from other than the curbside or alleyside. Collection must occur from each customer served on not less than a weekly basis. 3) Placement of Refuse for Collection. Residential refuse subject to specialized collection services may not be placed for 1 1 1 REGULAR MEETING DECEMBER 20, 1993 collection within the front yard setback of any property, as defined.by the City Zoning Ordinance, Chapter 21 of the Municipal Code, nor may such refuse be placed for collection within ten (10) feet of any alleyway, unless such refuse is placed inside of a garage or other enclosed structure. It is the obligation of Permittee to communicate these requirements for placement of refuse to their customers. Permittee may not collect refuse that is improperly placed for collection in violation of this Section. 4) Separation of Yard Waste; Delivery to Organic Resource Facility. Permittees are required to separate and keep separated yard waste, as defined in Chapter 16 of the Municipal Code, from the remainder of the residential refuse collected. All yard waste collected shall be delivered to the City's Organic Resource Facility, unless otherwise recycled in a manner approved by the Director of the Department of Public Works. In no event shall yard waste be delivered to the landfill for disposal. 5) Disposal of Refuse Other Than Yard Waste. Residential refuse collected by Permittees, other than yard waste, shall be delivered to a licensed landfill for disposal. 6) Proof of Proper Disposal of Refuse and Yard Waste. Each Permittee must provide to the Director, Division of Environmental Services, 3113 Riverside Drive, South Bend, Indiana 46628, by June 15th and December 15th of each year, copies of receipts from the landfill and the Organic Resource Facility from the previous six (6) months as proof that the refuse collected has received proper disposal. Such receipts must also be provided by Permittees for examination upon demand by the Director of the Division of Environmental Services or his agent. C. Notice of Provision of Service; Fees 1) Notice to City. A Permittee shall provide to the Director, Division of Environmental Services, on a form approved by the Board, notice that the Permittee has added or deleted a customer. Such notice shall be filed within five (5) business days of the date when the customer is added or deleted. Such notice shall serve as a mechanism for the City to commence or cease its monthly billing for residential refuse collection. 2) Fees. Permittees may set the fees they will charge for specialized collection services. Permittees shall be responsible for the collection of such rzea. D. Requests for Specialized Collection 1) Permittee List. The Division of Environmental Services shall provide a list of current Permittees to any person requesting specialized collection services. The potential customer may then contact Permittees directly to obtain service. No Permittee will be required to accept additional customers. Mr. Caldwell made a motion that the above outlined Rules and Regulations be approved. Mrs. Manier seconded the motion which carried. AWARD BIDS: ASBESTOS ABATEMENT - 230-232 & 240-242 SOUTH CHAPIN AND 736 WEST WAYNE STREET DEMOLITION - 230-232 & 240-242 SOUTH CHAPIN AND 736 WEST WAYNE STREET In a Memorandum to the Board, Mr. Carl P. Littrell, Director, Division of Engineering, advised that on December 13, 1993, I- 4uv REGULAR MEETING DECEMBER 20, 1993 the Board opened two (2) bids for asbestos abatement in buildings to be demolished in the West Washington/South Chapin Redevelopment Area. Mr. Littrell further advised that he has reviewed the bids and found arithmetic errors in the bid of Specialty Systems, Inc. The bid amount of the low bidder, Clean Air Systems was correct as read at the Board meeting. Therefore, Mr. Littrell recommended that the Board award the low bid of Clean Air Systems, Inc., 23349 State Road 23 West, South Bend, Indiana, in the amount of $11,837.00. Additionally, Mr. Littrell noted that he has reviewed the four (4) bids received on December 13, 1993 for the demolition of the above referenced buildings. The amounts read at the Board meeting were correct as read. Mr. Littrell recommended that the Board award the low bid of Warner & Sons, Inc., P.O. Box 87, Elkhart, Indiana, in the amount of $26,860.00. Mr. Caldwell made a motion that these recommendations be accepted and the bids be awarded. Mrs. Manier seconded the motion which carried. APPROVE CHANGE ORDER - LOGAN AND MISHAWAKA AVENUE PROJECT Mr. Joseph Bellina, Division of Engineering, submitted to the Board a Change Order for the above referred to project which indicates an increase of $231.14. The Change Order further indicates that at the intersection of Logan and Mishawaka Avenue a width of eight feet along the east curb line needed to be milled to obtain drainage, thereby resulting in an increase in this project. Mr. Leszczynski made a motion that this Change Order be approved. Mrs. Manier seconded the motion which carried. APPROVE CONTRACTORS AND EXCAVATION BONDS Mr. Larry D. Spradlin, Sr., Division of Engineering, recommended that the following bonds be approved: EXCAVATION BOND Amoco Oil Company Effective December 21, 1993 CONTRACTORS BOND Jerry's Concrete Work Effective December 13, 1993 Mr. Caldwell made a motion that the recommendation be accepted and the bonds be approved. Mrs. Manier seconded the motion which carried. FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORTS Mr. Leszczynski advised that the Department of Code Enforcement has submitted two (2) lists containing forty-three (43) City owned and miscellaneous properties which were cleaned by the Department from December 6, 1993 to December 10, 1993. Mrs. Manier, made a motion that the lists as submitted be accepted for filing. Mr. Caldwell seconded the motion which carried. FILING OF CERTIFICATE OF INSURANCE Upon a motion made by Mr. Leszczynski, seconded by Mr. Caldwell and carried, a Certificate of Insurance for the following was accepted for filing: Warner and Sons, Inc. P.O. Box 87 Elkhart, Indiana 1 I - 1 1 REGULAR MEETING DECEMBER 20, 1993 APPROVE CLAIMS Mr. Kevin Horton, City Controller, submitted claims in the amount of $1,087,911.95 and recommended approval. Additionally, Juan Manigault, Executive Director, WDS of Northern Indiana, submitted a list containing claims in the amount of $80,689.12 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. APPROVE TRAFFIC CONTROL DEVICE Upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the following traffic control device was approved: NEW INSTALLATION: HANDICAP PARKING SPACE LOCATION: 1514 Catalpa REMARKS: Ms. Pearl Bishop has met all the requirements. 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 10:02 a.m. AT ST: J Sandra M. Parmerlee, Clerk BOARD OF PUBLIC WORKS ?en�ny PityVs Manier Li 1 1 1