HomeMy WebLinkAbout01/20/92 Board of Public Works MinutesREGULAR MEETING
JANUARY 20, 1992
The regular meeting of the Board of Public Works was convened at
9:33 a.m. on Monday, January 20, 1992, by Board President John E.
Leszczynski, with Mr. Leszczynski and Mrs. Patricia E. DeClercq
present. Board member Ms. Katherine Humphreys was not in
attendance. Also present was Assistant City Attorney Mary H.
Mueller.
AGENDA ITEM ADDED
Upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski
and carried, Resolution No. 1-1992 was added to the agenda.
APPROVE MINUTES OF PREVIOUS MEETING
Upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski
and carried, the minutes of the regular meeting of the Board held
on,January 13, 1992, were approved.
PUBLIC HEARING AND FAVORABLE RECOMMENDATION - TRANS
LICENSE APPLICATION - EDDIE BAUER, INC./SPIEGEL
Mr. Leszczynski advised that this was the date set for the
Board's Public Hearing regarding the Transient Merchants license
application as submitted by Mr. Jay Caster, 1702 Brookdale Road,
#21, Naperville, Illinois for Eddie Bauer, Inc., 15010 NE 36th
Street, Richmond, Washington. It is noted that the Certificate
of Insurance attached to the license application indicates Eddie
Bader, Inc./Spiegel, Inc. 1515 West 22nd Street, Regency Towers,
Oak Brook, Illinois, as the insured.
There being no one present to speak on this application, Board
Attorney Mary H. Mueller informed the Board that the application
was filed on behalf of Eddie Bauer/Spiegel, Inc., which intends
to conduct a sale of general merchandise at Century Century, 120
South St. Joseph Street, South Bend, Indiana, from January 24,
1992 to February 2, 1992. She noted that pursuant to licensing
requirements the application was forwarded to the Building
Department and the Police Department for review and
recommendation. Mrs. Mueller stated that the Building Department
has submitted a favorable recommendation concerning this
application but the Police Department has not responded.
However, due to the nation-wide recognition of Spiegel, Inc.
there appears to be no reason to deny the application as the
Century Center has entered into a Contact with Eddie
Bauer/Spiegel.
There being no other comments or questions by the Board, Mr.
Leszczynski made a motion that the Public Hearing on this matter
be closed. Mrs. DeClercq seconded the motion which carried.
Accordingly, Mrs. DeClercq made a motion that the license
application as submitted be approved. Mr. Leszczynski seconded
the motion which carried.
PUBLIC HEARING
1ST N/S ALLEY
Mr. Leszczynsk
Board's Public
follows:
AND UNFAVORABLE RECOMMENDATION -
W. OF
.EY VACATION -
advised that this was the date set for the
Hearing on a proposed alley vacation described as
The first north/south alley west of Twyckenham Drive located
between the north right-of-way line of Wall Street and the
South right-of-way line of the first east/west alley north of
Wall Street including the radius at the Southwest corner of
these intersecting alleys, for a distance of approximately
164.8 feet and a width of approximately fourteen (14) feet.
Part situated in Whitcomb & Keller's Third Addition in the
City of South Bend.
REGULAR MEETING
JANUARY 20, 1992
It is noted that this Public. Hearing is being held in order for
the Board to submit a recommendation to the Common Council
concerning the Vacation Petition filed by Louis J. and Marilyn
Sullivan, 1425 Wall Street, South Bend, Indiana. It was further
noted that pursuant to South Bend Municipal Code Section 18-53.8,
owners whose property abut the proposed alley to be vacated as
well as property owners within one hundred fifty feet (150') of
the alley to be vacated were notified of the Board's Public
Hearing date.
Mr. Louis Sullivan, Petitioner, was present and advised the Board
that he would like to state several reasons why he is proposing
the alley vacation. He noted that no one should be more than
mildly inconvenienced by the closing. Of twenty-nine (29) homes
that are affected, only four (4) do not have a driveway or access
through the alley and one (1) neighbor who uses the alley would
still have access.
Mr. Sullivan stated that individuals utilizing the alley have
created dirt and dust problems and he has had to have his siding
replaced as it could not be cleaned. Also the vacant lot behind
his home has become a dumping ground for trash. Mr. Sullivan
noted that the vacating of this alley would put the property back
on the tax rolls and reduce city expenses.
In conclusion, Mr. Sullivan indicated that the alley gets much
use by non-residential traffic, his fence has been hit, his tree
has been struck and his property has been vandalized. With the
closing of the alley it would become a safer place for the small
children of the area and speeders won't be able to make the long
run through the alley. Therefore, Mr. Sullivan asked that the
Board recommend approval of the vacation.
Mr. Wayne Miller, 1615 Sunnymede, South Bend, Indiana, advised
that he is the owner of property, shown on the vacation map as
Lot J, which until this time has been vacant. He noted that he
has a building permit to build on this property and he therefore
has a concern about the traffic utilizing the alley along with
students congregating in that area. Mr. Miller informed the
Board that he is in the process of proposing the vacation of the
northern portion of this alley along his property out to
Twyckenham that would allow it to become a private drive.
Mr. Miller stated that should his proposed vacation be approved,
he has been advised by Mr. Carl Littrell, Director, Division of
Engineering, that the City would require a sixty foot (60')
turn -a -round on his property to allow traffic to turn around.
Mr. Miller stated that he wanted to make the Board aware of his
plans as they consider this vacation.
Mr. Miller informed the Board that he has talked to several
neighbors and was advised that there are many people who don't
live in the area that go back to his now vacant property. He
stated that he has six (6) children and he wants to secure the
area which would mean to close off traffic. Mr. Sullivan
inquired why his Petition and the Petition submitted today could
not be heard together by the Board.
In conclusion, Mr. Miller indicated that the biggest hinderance
would be to the residents along Twyckenham who have their trash
picked -up in the alleys which he believes is a small price to pay
for security. Mr. Miller stated that he would be willing to give
a portion of his property for the turn -a -round as would be
required should his proposed alley vacation be approved.
Mr. Leszczynski advised Mr. Miller that the Board could only
consider the Vacation Petition it has before them today.
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REGULAR MEETING .JANUARY 20. 1992
Mrs. Martha Jane Fields, 725 Wall Street, South Bend, Indiana,
indicated that she utilizes the proposed alley to be vacated as
the entrance and exit to her garage. Mrs. Fields stated that
should this access to her garage be shut-off, her property would
be valueless. She noted that she would have to drive one-half
(1/2) block and come in the other way and go another one (1)
block to get into her garage. She also stated that it does not
appear to her that there is that much traffic utilizing the alley
and she has lived there for thirty (30) years.
Mrs. Fields stated that people have run into her fence also but
that has happened only once or twice in that last thirty (30)
years. She informed the Board that her house faces the alley and
she has observed foot traffic from young high school students and
if there is any dumping it is being done by the neighbors. Mrs.
Fields stated that the situation as has been described is not
that sitution that she has observed. She noted that she
understands Mr. Miller's concerns and would hope that the
neighbors could work out something amicably and remain friendly.
Mrs. Fields stated that she believes it is wonderful for Mr.
Miller to have the property located in the back and would have no
objections if she could turn around from her garage and if the
alley is paved and maintained it would be no problem. However,
in the winter time the alley is not plowed and she does need it
as a driveway.
Mr. William Lamie, 1417 Wall Street, South Bend, Indiana, asked
the Board for clarification concerning the proposed vacation and
wondered just what the vacation entailed and whether or not the
City was required to do anything such as signage. Mr.
Leszczynski advised that once the alley is vacated it is no
longer the City's responsibility and no signage is installed.
Mr. Lamie inquired if the City was still responsible for the
excess of the alley. Mr. Leszczynski stated that the City would
just be responsible for the grading of that portion. Mr. Lamie
stated that it is not wide enough for the sanitation trucks to
get through without clipping the trees and grading the alley only
adds to the problem. Mr. Lamie indicated that his major concern
is once the alley is vacated would it still be an alleyway and he
is concerned about access. He noted that this alley is the only
access to his garage and he has spent much time and money and
would love to be able to use the alley as access but it just is
not feasible as it is as there is standing water in the alley
most of the time.
Board Attorney Mary H. Mueller indicated to those present that
when an alley is vacated, it no longer is the City's
responsibility and therefore is not maintained or graded by the
City and the City would not install drywells.
Mr. Leszczynski inquired of Mr. Miller what his opinion is of the
closing of the alley proposed today. Mr. Miller stated that he
would have to submit a qualified yes subject to the approval of
his proposed vacation.
Board Member Patricia E. DeClercq advised those present that the
Board can only look at the Petition it has before it today on
this specific alley not based on future plans. Therefore, Mr.
Miller stated that he is opposed to this vacation until he can
work something out. Mrs. Fields stated that she is opposed to
the closing. Steven and Kathleen Mitchell, 729 South Twyckenham
Drive, South Bend, Indiana, owners of Lot #78, stated that they
are neutral regarding this vacation.
There being no one else present wishing to speak regarding this
vacation, Mr. Leszczynski made a motion that the Public Hearing
regarding this matter be closed. Mrs. DeClercq seconded the
motion which carried.
REGULAR MEETING JANUARY 20, 1992
Mr. Leszczynski indicated that there are two (2) options the
Board can take at this time. They can approve the Petition as
presented or the Petition can be recommended for denial in order
that Mr. Sullivan and Mr. Miller can get together and come back
with a new Petition which included the proposed cul-de-sac.
Mrs. DeClercq stated that she has a concern because it has been
brought to the Board's attention that the resident at 1429 Wall
Street (Lot 648) would not have access to their garage should
this vacation be approved. Mrs. DeClercq noted that the
recommendation from the Engineering Department indicates that
access to this property would be curtailed.
Mr. Leszczynski informed Mr. Sullivan that residents who use the
alley as access would receive one half (1/2) or seven feet (7')
of the alley should it be vacated and a driveway could not be
built on seven feet (7'). Mr. Sullivan stated that he did not
see that as an overwhelming concern as he has the same problem
which he sees as solveable by utilizing another seven feet (7')
of his own property to form a new driveway. Mr. Leszczynski
informed Mr. Miller that this is the type of problem that must be
resolved before the matter comes to the Board for
recommendation. Mr. Sullivan reminded Mr. Leszczynski that at
the present time it is his Petition that is before the Board.
Mrs. Fields again advised the Board that there is no emergency
access to her property should the alley be vacated and she would
have no entrance into her garage which would make it very
inconvenient for her. Mr. Leszczynski reminded Mrs. Fields and
others present that the Public Hearing is closed and only
comments invited by members of the Board would be heard.
Mr. Leszczynski indicated that the Board is in receipt of
negative comments from the Engineering Department, Area Plan
Commission and the South Bend Fire Department concerning this
proposed vacation.
Mr. Leszczynski noted that it is his belief that all of the
concerns could be negated if the Petitioners work together to
make a master plan for the area and to talk to all the residents
on Twyckenham and work out any problems that might be incurred
due to the closing of the alleys.
Mr. Leszczynski stated that based on the recommendations received
and comments heard at the Public Hearing, he would make a motion
that this Vacation Petition be sent to the Common Council with an
unfavorable recommendation at this time. Mrs. DeClercq seconded
the motion which carried.
In closing, Mr. Leszczynski advised the Petitioner that there are
a lot of questions that need to be answered regarding this
vacation.
ADOPT RESOLUTION NO. 1-1992 - ADOPTING A WRITTEN FISCAL PLAN AND
ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED
AREA IN GERMAN TOWNSHIP
Mr. Larry Magliozzi, Department of Economic Development, was
present and asked the Board to consider adoption of the
Resolution it has before them today and to approve the Fiscal
Plan which is part of the Resolution. Mr. Magliozzi stated that
this Resolution and Fiscal Plan involves the annexation of
property comprised of six (6) lots located in the Toll Road
Industrial Park and is part of the Airport 2010 Project.
Mr. Magliozzi noted that improvements that still need to be
completed will be done as part of the Capital Improvement
Project. Also, public works, police and fire protection can be
1 � -
KN.uUlam_K vLE::1'lidG
ii ivi)13i{Y Lt1 1992
Dro inori t^ this area without additional exDenQitUreS, In
conclusion. Mr. maeliozzi stated that this annexation meets all
state law reduirements and is contiguous to the present City
limits, He therefore asked for the Board's favorable
consideration of this matter,
Mrs. DeClercq made a motion that the Resolution submitted today
be adopted, Mr. Leszczynski seconded the motion which carried
and the following Resolution No. 1-1992 was adopted:
RESOLUTION NO. 1-1992
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
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
German Township, St, Joseph County, Indiana; and
WHEREAS, the territory proposed to be annexed is located to
the southwest of the intersection of Brick Road with Portage
Road, within the Northeast Quarter of Section 21, Township 38
North, Range 3 East, German Township, and is proposed to be
developed as an industrial park, 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:
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REGULAR MEETING JANUARY 20, 1992
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 German Township, St. Joseph County, Indiana,
described in Attachment 1 of Exhibit "B." attached hereto and
made a part hereof, be annexed to the City of South Bend.
Section II. Th?t 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 topography, 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 described in
Exhibit "B", attached hereto and made a part hereof, for the
furnishing of said services to the territory to be annexed.
Adopted this 20th day of January, 1992.
BOARD OF PUBLIC WORKS OF THE CITY
OF SOUTH BEND, INDIANA
s/ John E. Leszczynski
s/ Patricia E. DeClercq
Attest:
s/Sandra M. Parmerlee, Clerk
ATTACHMENT "B"
CITY OF SOUTH BEND, INDIANA
FISCAL PLAN FOR THE
ANNEXATION OF PROPERTY LOCATED IN GERMAN TOWNSHIP
TOLL ROAD INDUSTRIAL PARK
INTRODUCTION
The following Fiscal Plan, developed through the cooperative
efforts of the City of South Bend's Controller's Office,
Department of Public Works, Police Department, Fire Department,
Department of Neighborhood Code Enforcement, and the Department
of Public Parks represents the City's policy for the annexation
of the property located on the north side of New Cleveland Road
in the Toll Road Industrial Park in German Township, St. Joseph
County (hereinafter, "Annexation Area").
I. LOCATION
The Annexation Area is located on the north side of the City of
South Bend in part of the Northeast Quarter of Section 21,
Township 38 North, Range 2 East, German Township. The Legal
Description for the Annexation Area, marked as Exhibit 11 is
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REGULAR MEETING
JANUARY 20, 1992.
attached hereto and made a part of this fiscal plan.. A map
showing the Annexation Area, marked as Exhibit 2, is attached to
this fiscal plan. There are approximately 46.52 acres of land
within the Annexation Area.
II. STATE LAW REQUIREMENTS
This annexation meets the State law requirements pursuant to
Indiana Code 36-4-3 and 36-4-3-13.
The annexation area is at least 1/8 (12.5%) contiguous to the
present city limits. Over 4,930 feet of the annexation area is
contiguous to the city limits, representing approximately 58.83%
contiguity.
Also pursuant to State law, the annexation area is at least 60%
subdivided and is zoned for industrial uses. 100% of the
annexation area is subdivided and the entirety is zoned for
industrial uses.
III. EXISTING LAND USE
The Annexation Area currently consists of vacant, subdivided
land.
IV. EXISTING ZONING
The Annexation Area is currently zoned "M" Manufacturing in the
County.
V. PROPOSED DEVELOPMENT
The Airport 2010 plan designates the Annexation Area for light
industrial and warehouse/distribution uses. Development within
the Annexation Area will be similar to the existing light
industrial and warehouse/distribution uses in the area.
All surface drainage is to be handled in compliance with the City
of South Bend's Subdivision Standards. Individual developers and
businesses will be responsible for infrastructure improvements
that are directly related to individual site development.
Streets, street lighting, water, sewers and stormwater drainage
facilities not currently in place are to be installed in
conjunction with the Airport 2010 project.
VI. PROVISION OF CITY SERVICES
A. Public Works
The Toll Road Industrial Park is still under development.
Street, water and sanitary sewer improvements still need to be
completed. The City will be installing these improvements. The
cost of providing the remainder of the street, water and sewer
infrastructure is $203,000. Funding for the improvements will be
provided through the Airport 2010 project and accomplished within
the designated time period.
Existing and proposed streets represent less than one percent
(1%) of the City's road system, and can easily be maintained with
existing personnel and equipment without additional expenditure
of City funds.
Water lines of sufficient size and capacity are available and
will require no additional expenditures. Sewer lines are also
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REGULAR MEETING JANUARY 20. 1992
available within the Annexation Area. These sewer lines are
adequate to service the Annexation Area without any additional
expenditures by the City.
B. Police Protection
The Annexation Area is adjacent to Beat 22. Police officials
anticipate that the light industrial uses that will locate in the
Area will place an increased need for crime prevention patrols.
Additional police units needed to meet the expanding demands for
service in the northwest areas of the city will provide the
necessary coverage.
A portion of a new beat equal to 20% of a complete beat will need
to be created to provide adequate service. At 4.5 officers per
beat, additional police support services and automotive costs,
the additional total yearly costs to the City is expected to be
approximately $27,721.50. Police officials note that the
additional manpower and beat allocation will need to be in place
with the construction phase of the project to deter thefts of
building materials and tools, and to provide emergency response
for medical and police matters to the crews involved in
construction.
Police patrols, traffic enforcement, and emergency responses will
be a part of the services the City will offer to the Annexation
Area. The nature of the project and the location will require
the addition of a new beat to meet the needs of this area as well
as other recently annexed properties. No unusual problems are
anticipated with the annexation of this area into the City.
Police protection will be furnished to the Annexation Area within
one (1) year after the effective date of the annexation. -
C. Fire Protection
The Annexation Area is located approximately 1.0 mile from South
Bend Fire Department Station Number 11 at 3505 N. Bendix Drive.
Additional Fire Department units will respond from Station Number
7 located at 1616 Portage Avenue located approximately 3.0 miles
from the Annexation Area.
Response times will be comparable to other areas of the City. No
additional equipment will need to be purchased or personnel hired
to provide fire protection to the Annexation Area.
D. Neighborhood Code Enforcement
The Department of Neighborhood Code Enforcement can provide code
enforcement services without any additional expense over the
present budget.
E. Public Parks
There are adequate park facilities in the Northwest portion of
the City which can be utilized by the residents of the Annexation
Area. Parks and facilities that are close to the Annexation Area
are: Boland Park, which has playground equipment, picnic tables,
lighted tennis courts and a lighted baseball diamond; Voorde Park
which has a baseball diamond, picnic tables and playground
equipment; Kennedy Park which has picnic tables, tennis courts
and playground equipment; and River Manor Park which has tennis
courts, playground equipment and picnic tables.
No additional personnel or equipment will be needed to provide
adequate services to the Annexation Area.
F. Other Services
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REGULAR MEETING JANUARY 20, 1992
The incorporation of the Annexation Area will not effect the
provision of other services currently provided on a county -wide
basis. The St. Joseph County Health Department, the Humane
Society of St. Joseph County, the St. Joseph County Public
Library and the Area Plan Commission are some of the county -wide
entities that will continue to provide the same type and level of
services to the Annexation Area.
V. HIRING PLAN
This annexation will not result in the elimination of jobs of
employees of another governmental entity.
APPROVE COMMUNITY DEVELOPMENT CONTRACT
The following Community Development Contract was presented to the
Board for approval:
SOUTH BEND HERITAGE FOUNDATION (12-26-91 to 12-31-92)
HOUSING FUND - WEST WASHINGTON - WEST WASHINGTON HOMES
The targeted goal for this activity is to complete the
new construction of sixty-five (65) residential units in the
1200 block of West Washington Street for rental to low/
moderate income households. The total cost for this project
shall not exceed $200,000.00.
Ms. Marcia Townsend, Department of Economic Development, noted
that this Contract will utilize 1991 Community Development Block
Grant funds.
Upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski
and carried, the above referred to Contract was approved and
executed.
APPROVE CONSTRUCTION CONTACT - CENTRAL BUSINESS DISTRICT - MAIN
AND WESTERN LANDSCAPING PROJECT
Mr. Leszczynski advised that in accordance with the Quotation
awarded on December 30, 1991, to Hunziker's, Inc., 2344 Yankee
Street, P.O. Box 397, Niles, Michigan, in the amount of $9,479.94
for the above referred to project, a Contract in said amount was
being submitted for Board approval. Upon a motion made by Mrs.
DeClercq, seconded by Mr. Leszczynski and carried, the Contract
was approved and the appropriate Insurance, Performance Bond and
Labor and Materials Payment Bond as submitted were filed.
APPROVE CONSTRUCTION CONTRACT - ASBESTOS ABATEMENT - 1234-1236 W.
WASHINGTON
Mr. Leszczynski indicated that in accordance with the bid awarded
on December 17, 1991, to Specialty Systems of Illinois, Inc.,
1408 Elwood Avenue, Suite 306, South Bend, Indiana, in the amount
of $8,231.70 for the above referred to project, a Contract in
said amount was being submitted for Board approval. Upon a
motion made by Mrs. DeClercq, seconded by Mr. Leszczynski and
carried, the Contract was approved ana the appropriate
Certificate of Insurance and Performance and Payment Bond as
submitted were filed.
APPROVE CONSTRUCTION CONTRACT - SOUTH BEND AVENUE SEWER LATERAL
PROJECT
Mr. Leszczynski stated that in accordance with the Quotation
awarded on December 9, 1991 to DeWulf and Sons, P.O. Box 792,
South Bend, Indiana, in the amount of $6,350.00, for the above
referred to project, a Contract in said amount was being
submitted for Board approval. Upon a motion made by Mrs.
DeClercq, seconded by Mr. Leszczynski and carried, the Contract
REGULAR MEETING
JANUARY 20, 1992
was approved and Irrevocable Standby Letter of Credit No. 795 in
the amount of $6,350.00 which was submitted in lieu of a
Performance Bond was accepted for filing.
APPROVE CONTRACTS FOR ANIMAL CONTROL AND SHELTER SERVICES AND
DOG LICENSING SERVICES
Mrs. Patricia E. DeClercq, Director, Department of Code
Enforcement, advised that submitted to the Board were Contracts
for Animal Control and Shelter Services and Dog Licensing
Services which are the result of negotiations with the Humane
Society of St. Joseph County. Mrs. DeClercq advised that the
Contracts are for two (2) years running to December 31, 1993.
The Contract for Animal Control and Shelter Services is in the
amount of $172,258.00 for 1992 and $180,871.24 for 1993. All
other terms remain the same.
The Contract for Dog Licensing Services remains the same with the
exception that the Contract term is extended to December 31, 1993
to conform with the expiration date of the Animal Control and
Shelter Services Contract. The Contract allows the Humane
Society to issue dog licenses and to keep one-half (1/2) of all
licenseing fees collected. In response to a question from the
news media, Mrs. DeClercq noted that the Contract for Animal
Control and Shelter Services reflects a four per cent (4%)
increase in 1992 and a five per cent (5%) increase in 1993.
Therefore, Mr. Leszczynski made a motion that the above outlined
Contracts be approved and executed. Mrs. DeClercq seconded the
motion which carried.
AWARD QUOTATION/APPROVE CONSTRUCTION CONTRACT - TEMPORARY
PROTECTION OF MAIN STREET ROW BUILDING
Mr. Carl P. Littrell, Director, Division of Engineering, advised
that he has reviewed the five (5) Quotations received on January
13, 1991 for the above referred to project. Mr. Littrell noted
that the low Quotation submitted by Powell Construction Company,
1713 South Bend Avenue, South Bend, Indiana, in the amount of
$3,915.00 was non -responsive as the Quotation excluded work
specifically requested in the notice for Quotation. Therefore,
Mr. Littrell recommended that the Board award the Quotation of
Gibson -Lewis, Inc., 1001 West llth Street, P.O. Box 488,
Mishawaka, Indiana, the next low bidder, for a lump sum of
$4,640.00.
Mr. Leszczynski noted that the appropriate Construction Contract
for this project, in the Contract amount of $4,640.00, was also
submitted for approval and execution.
Therefore, Mrs. DeClercq made a motion that the recommendation
be accepted, the Quotation of Gibson -Lewis be awarded and the
Construction Contract be approved and executed. Mr. Leszczynski
seconded the motion which carried.
APPROVE CHANGE ORDER NO. 2 - TRANSWESTERN BUILDING DEMOLITION
Mr. Leszczynski advised that Warner & Sons, Inc., P.O. Box 87,
29099 U.S. 33 West, Elkhart, Indiana, has submitted Change Order
No. 2 indicating that the Contract amount be increased by
$68,924.38 for a new Contract sum, including this Change Order,
in the amount of $1,001,424.30. Mr. Leszczynski noted that the
amount of contaminated flooring was originally indicated in the
specifications as 2,134 cubic yards but was found to contain
4,273 cubic yards therefore requiring an increased cost for the
removal of this additional flooring. Also, three (3) weeks of
crane down -time during the time work was stopped and samples were
being collected and tested to find the classification of the wood
flooring, generated an additional cost to this project. Upon a
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REGULAR MEETING
JANUARY 20 1992
motion made by Mrs. DeClercq, seconded by Mr. Leszczynski and
carried, Change Order No. 2 was approved and executed.
REQUESTS REFERRED:
Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq
and carried, the following requests were referred to the
appropriate City departments and bureaus for review and
recommendation:
- OF MICHIANA WATERSHED, INC. TO CONDUCT 22ND ANNUAL 1992 ST
JOSEPH RIVER RUN
In a letter to the Board, Mrs. Nancy Mah, Administrative
Assistant, Michiana Watershed, Inc., St. Joseph County
Chapter, P.O. Box 1284, South Bend, Indiana, requested
permission to conduct the 1992 22nd Annual River Run on
Saturday, May 9, 1992. The race will begin at Leeper Park
and finish at Niles, Michigan. Past race participants have
shown an interest in extending the race into Michigan.
- OF OFFICE OF COMMUNITY AFFAIRS TO CONDUCT ANNUAL WORLD'S
LARGEST GARAGE SALE
Mr. Jon Williams, Events Coordinator, Office of Community
Affairs, requested permission to conduct the 17th annual
World's Largest Garage Sale on Saturday, June 6, 1992 at the
Jefferson and St. Joseph Municipal Parking Garage. In
addition to standard traffic controls, Mr. Williams requested
crowd control and paramedic on -call coverage. These safety
measures are necessary between 6:00 a.m. and 3:00 p.m. with
crowd control not needed until 8:30 a.m.
APPROVE REQUEST OF RIGHT
JANUARY 22, 1992
LIFE, INC. TO CONDUCT PROCESSION -
Mr. Leszczynski noted that the appropriate City departments and
bureaus have reviewed the above referred to request which was
submitted to the Board on January 13, 1992 and approval is
recommended. Therefore, Mrs. DeClercq made a motion that the
recommendations be accepted and the request be approved. Mr.
Leszczynski seconded the motion which carried.
APPROVE TRAFFIC CONTROL DEVICES
Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq
and carried, the following two (2) traffic control devices were
approved:
1. NEW INSTALLATION: Stop Sign (24x24)
LOCATION: Salem and Wilder
REMARKS: "T" Intersection
2. NEW INSTALLATION: -Stop Sign (24x24)
LOCATION: Woodcliff and Salem
REMARKS: "T" Intersection
FILING OF CERTIFICATES OF INSURANCE
Upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski
and carried, Certificates of Insurance for the following were
accepted for filing:
1. Warner & Sons, Inc.
P.O. Box 87
Elkhart, Indiana 46515
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REGULAR MEETING
2. Memorial Health System, Inc.
615 North Michigan Street
South Bend, Indiana 46601
3. Peerless -Midwest, Inc.
P.O. Box 26
Granger, Indiana 46530
4. Petroleum Equipment, Inc.
12875 McKinley Highway
Mishawaka, Indiana 46545
5. Can -American South Bend
LTD Partnership
1117 Marquette Avenue #200
Minneapolis, MN 55404
JANUARY 20, 1992
FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORTS
Mr. Leszczynski advised that the Board is in receipt of three (3)
lists as submitted by the Department of Code Enforcement
indicating that fifty-nine (59) City owned and miscellaneous
properties were cleaned by the Department during the period
January 6, 1992 to.January 9, 1992. Mrs. DeClercq made a motion
that the lists be accepted for filing. Mr. Leszczynski seconded
the motion which carried.
APPROVE CLAIMS
Mr. Leszczynski advised that the Deputy Controllers Office has
submitted claims in the amount of $2,554,507.60 and that Mr. Juan
A. Manigault, Executive Director, WDS of Northern Indiana,
submitted claims in the amount of $35,166.44 and recommended
approval. Therefore, Mrs. DeClercq made a motion that the claims
as submitted be approved and the lists filed. Mr. Leszczynski
seconded the motion which carried.
ADJOURNMENT
There being no further business
motion made by Mr. Leszczynski,
carried, the meeting adjourned
AT
T:
Sandra M. Parmerlee, Clerk
to come before the Board, upon a
seconded by Mrs. DeClercq and
at 10:13 a.m.
.John E. Leszczynski
Patricia E. DeClercq
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