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HomeMy WebLinkAbout10/14/91 Board of Public Works MinutesREGULAR MEETING OCTOBER 14. 1991 The regular meeting of the Board of Public Works was convened at 9:34 a.m. on Monday, October 14, 1991, by Board President John E. Leszczynski, with Mr. Leszczynski, Mrs. Patricia E. DeClercq and Ms. Katherine Humphreys present. Also present was Assistant City Attorney Mary H. Mueller. AGENDA ITEM STRICKEN Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, Resolution No. 41-1991 - Approving the transfer by Quit Claim Deed certain Warranties and Representations, was stricken from the agenda at this time. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the minutes of the regular meeting of the Board held on October 7, 1991, were approved. OPENING AND AWARD OF BIDS - SALE OF ABANDONED VEHICLES This was the date set for receiving and opening of sealed bids for the sale of approximately nine (9) abandoned vehicles which have been stored at Super Auto Salvage Corporation, 3300 South Main Street, South Bend, Indiana. 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: MR. PAUL SCHULTZ SUPER AUTO SALVAGE 3300 South Main Street South Bend, Indiana 46614 VEHICLE NO. TAG NO. AMOUNT BID 1. 13179 $269.89 2. 13189 $ 37.79 3. 13229 $ 67.79 4. 13339 $ 63.79 5. 13372 $ 32.79 6. 13426 $ 42.79 7. 13599 $ 47.79 8. 13806 $ 59.75 9. 21481 $ 47.79 MR. GENE HANCZ STEVE & GENE'S AUTO TRUCK SALVAGE 3109 Gertrude P.O. Box 2883 South Bend, Indiana VEHICLE NO. TAG NO. AMOUNT BID 1. 13179 $ 69.85 2. 13189 $ 36.35 3. 13229 $ 66.85 4. 13339 $ 66.85 5. 13372 $ 39.85 6. 13426 $ 36.85 7. 13599 $ 29.85 8. 13806 $ 66.85 9. 21481 $ 36.85 Upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski and carried, the following bids were awarded: 0z REGULAR MEETING OCTOBER 14, 1991 MR. PAUL SCHULTZ SUPER AUTO SALVAGE 3300 South Main Street South Bend, Indiana 46614 VEHICLE NO. TAG NO. AMOUNT BID 1. 13179 $269.89 2. 13189 $ 37.79 3. 13229 $ 67.79 6. 13426 $ 42.79 7.. 13599 $ 47.79 9. 21481 $ 47.79 MR. GENE HANCZ STEVE & GENE'S AUTO TRUCK SALVAGE 3109 Gertrude P.O. Box 2883 South Bend, Indiana VEHICLE NO. TAG NO. 4. 13339 5. 13372 8. 13806 AMOUNT BID $ 66.85 $ 39.85 -$ 66.85 APPROVE COMMUNITY DEVELOPMENT ADDENDUM The following Community Development Addendum was presented to the Board for approval: ADDENDUM II YOUNG WOMEN'S CHRISTIAN ASSOCIATION WOMEN'S CRISIS SHELTER ACQUISITION ACTIVITY Addendum I indicates that the Contract shall be extended through December 31, 1991. Upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the above referred to Addendum was approved and executed. ADOPT_ RESOLUTION NO. 42-1991 - APPROVAL OF FISCAL PLAN FOR AREA TO BE ANNEXED TO THE CITY Mr. David Norris, Department of Economic Development, was present and advised the Board that the City is going forward to annex property into the City which is located southwest of the intersection of Douglas Road and Hickory Road south of the National Center for Senior Living. The Resolution submitted to the Board today adopts a written fiscal plan and establishes a policy for the provision of services to the annexed area in Clay Township. The property to be annexed is currently vacant and there is no development plan at this time. However, it is anticipated that the area will be developed into single family residences. Any capital improvements will be borne by the developer and they will provide streets, lighting, sewer and water facilities and stormwater drainage facilities throughout the annexation area. The proposed streets in the area represent less than one (1) per cent of the City's current road system and can be easily maintained with existing personnel and equipment. Additionally, the wastewater treatment and collection systems can provide service to the area without any additional expenditure by the City and the water system is adequate and available for the area. Also, the City can provide solid waste collection services to the area without additional equipment or personnel. 1 3 REGULAR MEETING OCTOBER 14, 1991 In response to an inquiry from Mr. Leszczynski, Mr. Norris indicated that he will be making presentations to the Board of Public Safety and the Water Board regarding their areas of concern, which include the water system and police and fire protection. Therefore, Mrs. DeClercq made a motion that the Resolution be adopted. Ms. Humphreys seconded the motion which carried and the following Resolution No. 42-1991 was adopted: RESOLUTION NO.42-1991 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 CLAY 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 Clay Township, St. Joseph County, Indiana; and WHEREAS, the territory proposed to be annexed is located to the southwest of the intersection of Douglas Road with Hickory Road, extended, and is developable land, 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 REGULAR MEETING OCTOBER 14, 1991 property located in Clay 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. 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 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 14th day of October, 1991. BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA s/John E. Leszczynski s,/Katherine Humphreys 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 CLAY TOWNSHIP SOUTHWEST OF THE INTERSECTION OF DOUGLAS ROAD AND HICKORY ROAD EXTENDED 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 southwest of the intersection of Douglas Road and Hickory Road Extended in Clay Township, St. Joseph County (hereinafter, "Annexation Area"). This annexation meets the statutory contiguity requirements. I. LOCATION The Annexation Area is located on the northeast side of the City of South Bend in part of the Northeast Quarter of Section 32, Township 38 North, Range 3 East, Clay Township. The Legal Description for the Annexation Area , marked as Exhibit 1, is REGULAR MEETING OCTOBER 14, 1991 attached hereto and made a part of this fiscal plan. A map showing the Annexation Area, marked as Exhibit 2, is attached hereto and made a part hereof. There are approximately 33.04 acres of land within the Annexation Area. II. EXISTING LAND USE The Annexation Area is currently vacant land. III. PROPOSED DEVELOPMENT No specific development plan has been proposed for the Area. The Annexation Area will most likely be developed for single family residential use. When development does occur within the Annexation Area, any surface drainage is to be handled in compliance with the City of South Bend's Subdivision Standards. The developer of a project within the Annexation Area will be responsible for all infrastructure improvements including streets, street lighting, water, sewers and stormwater drainage facilities. IV. PROVISION OF CITY SERVICES A. Public Works No expenditure of funds by the City will be required to provide capital improvements due to the fact that the developer will providing street construction, street lighting, sewer facilities, water facilities, and stormwater drainage facilities throughout the Annexation Area. The proposed streets represent less than one percent of the city's current road system and can be easily maintained with existing personnel and equipment. The wastewater treatment and collection systems can provide service to the proposed area without any additional expenditures by the City. The water system is adequate and available for the Annexation Area. The City can also provide solid waste collection services to the Annexation Area without additional equipment or personnel. B. Police Protection The Annexation will be added to the existing patrol district known as Beat 11. Police services to be provided to the Annexation Area will include traffic patrol, preventive patrol, crime deterence, police reporting services, and emergency responses by the Department. Police protection of the scope detailed herein will be furnished to the Annexation Area within one (1) year after the effective date of the annexation. Police Officials recommend, however, that the additional officers and beat allocation be in place at the start of the construction of the project to deter theft of building materials and tools and to provide emergency response for medical and police matters. The Annexation Area will account for approximately 5 percent of the cost of the beat. The South Bend Police Department estimates this to be a total yearly cost of approximately $8500. Personnel costs will be included in the annual operating budget of the Police Department. Vehicle costs will be paid from either the Cumulative Capital Development Fund or the General Fund. C. Fire Protection REGULAR MEETING OCTOBER 14, 1991 The Annexation Area is located approximately 2.5 miles from South Bend Fire Department Station #3 at 1805 East McKinley Avenue. Additional Fire Department units will respond, including Engine #9, which is located at 2520 Mishawaka Avenue, approximately 4.0 miles from the Annexation Area. The long range plan, already in place, provides for a continual review of the needs for additional personnel and equipment for all areas of the City. Relocation of Station Number 10 nearer to the southeast side of South Bend also is being considered. D. Neighborhood Code Enforcement The Department of Neighborhood Code Enforcement can perform code enforcement activities without acquiring additional equipment or hiring additional personnel. The Humane Society of St. Joseph County currently provides animal control services on a County -wide basis. E. Public Parks There are adequate park facilities in the Northeast portion of the City which can be utilized by residents of the Annexation Area. These parks are: Boehm, Edison, Tarkington and Ponader. There are tennis courts located at Boehm, Tarkington and Edison, as well as playground equipment. The tennis courts at Boehm Park are lighted for night time play. Boehm Park also has a lighted softball diamond. No additional personnel or equipment will be needed to provide 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 SUPPLEMENTAL AGREEMENT NO. 1 - USARC EXCHANGE AGREEMENT Mr. Leszczynski advised that the Board is in receipt of Supplemental Agreement No. 1 to the City of South Bend Indiana South Bend USARC Exchange Agreement between the Secretary of the Army, the City of South Bend and the Community Foundation of St. Joseph County. It is noted that the Supplemental Agreement incorporates the name change of the Civic Foundation, Inc., to the Community Foundation of St. Joseph County, Inc. and specifies Mr. Doug Benson, the Chief of Construction at the U.S. Army Reserve Command as the successor to the Fourth Army Engineer for the purposes of this Agreement and modifies the requirement in Exhibit "B" for a two (2) year warranty on HVAC equipment to a one (1) year warranty. Ms. Humphreys made a motion that the Supplemental Agreement as submitted be approved and executed. Mr. Leszczynski seconded the motion which carried. APPROVE CHANGE ORDER NOS. 1 & 2 - COLFAX THEATRE ASBESTOS ABATEMENT Mr. Leszczynski advised that Clean Air Systems, Inc., 23349 State Road 23 West, South Bend, Indiana, has submitted Change Order No. 1 for the above referred to project indicating that the Contract amount shall be increased by $690.00 for a new Contract sum including this Change Order in the amount of $38,690.00. This additional cost is for the removal of non -friable asbestos contained in the vinyl floor tiles. Additionally, Clean Air Systems, Inc., has submitted Change Order No. 2 for the above project indicating an increase of $14,374.26 for a new Contract amount, including this Change Order, of $53,064.26. This increased cost is for removal of friable asbestos contained in pipe insulation, containment set-up, L n REGULAR MEETING OCTOBER 14, 1991 demolition labor to access pipe buried in plaster and masonry and for wall register insulation. Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, Change Order No. 1 was approved and executed. APPROVE CHANGE ORDER NO. 1 (FINAL) AND PROJECT COMPLETION AFFIDAVIT - ASBESTOS ABATEMENT - 1217-1221 AND 1302-13-4 1/2 W. WASHINGTON Mr. Leszczynski stated that Specialty Systems of Illinois, Inc., South Bend Division, 1408 Elwood Avenue, South Bend, Indiana, has submitted Change Order No. 1 (Final), for the above referred to project, indicating an increase of $1,169.51 for a new Contract ,amount of $8,549.88. Mr. Leszczynski noted that this increase was necessitated to balance the difference between the state wage rates as bid and the federal wage rates mandated. Additionally submitted was the Project Completion Affidavit for this project indicating the final cost. Board Attorney Mary Mueller advised that when federal funds are utilized for a project, specifications typically include both state and federal wage rates with the higher of the two (2) being required. Therefore, Mrs. DeClercq made a motion that the Change Order and Project Completion Affidavit be approved and executed. Mr. Leszczynski seconded the motion which carried. PETITION FOR THE ESTABLISHMENT OF A RESTRICTED RESIDENTIAL PARKING ZONE - WEST SIDE OF 100 BLOCK OF NORTH WILLIAM - REFERRED Mr. Leszczynski advised that the Board is in receipt of a Petition for the Establishment of a Restricted Residential Parking Zone on the west side of the 100 block of North William Street as submitted by Mr. Dennis Emery, 501 West Washington, South Bend, Indiana. Mr. Leszczynski therefore made a motion that the Petition be referred to the Bureau of Traffic and Lighting in order that the required traffic study can be conducted. Mrs. DeClercq seconded the motion which carried. APPROVE REQUESTS TO ADVERTISE FOR THE RECEIPT OF BIDS: - ONE (1) MODULAR AMBULANCE - FIRE DEPARTMENT - RELOCATION OF OLD CLEVELAND ROAD FROM U.S. 31 BYPASS TO MAYFLOWER ROAD - AIRPORT 2010 PROJECT - MAYFLOWER ROAD, PHASE I - AIRPORT 2010 PROJECT - ASBESTOS ABATEMENT - 1228, 1230, 1231, 1233 AND 1306 W. WASHINGTON In a letter to the Board, Fire Chief Luther Taylor requested that the Board advertise for the receipt of bids for one (1) Type I Modular Ambulance which will replace a unit now in service. Chief Taylor noted that lease purchase agreements, funded by the Emergency Medical Services Capital Improvement Fund, will be the method used for payment. Additionally, Mr. Carl Littrell, Director, Division of Engineering, requested that the Board advertise for the receipt of bids, on behalf of the Department of Economic Development, for the Relocation of Old Cleveland Road from U.S. 31 Bypass to Mayflower Road and Mayflower Road Phase I, both of which are part of the Airport 2010 Project. Finally, Mr. David L. Norris, Project Manager, West Washington -Chapin Revitalization Project, Department of Economic Development, requested that the Board advertise for the removal of asbestos from the buildings located at 1228, 1230, 1231, 1233 and 1306 W. Washington. Mr. Norris noted that all of the properties are within the West Washington -Chapin Development Area and are owned by the South Bend Department of Redevelopment. REGULAR MEETING OCTOBER 14. 1991 Therefore, Mrs. DeClercq made a motion that the above referred to requests to advertise for the receipt of bids be approved. Ms. Humphreys seconded the motion which carried. REQUEST OF PARK AVENUE NEIGHBORHOOD ASSOCIATION TO CLOSE MANITOU, FROM FOREST AVENUE TO PARK AVENUE, IN CONJUNCTION WITH HALLOWEEN PARTY - OCTOBER 27, 1991 - REFERRED Mr. Leszczynski advised that the Board is in receipt of an Application for Use of and Blocking of Access to Public Right -of -Way for a Party or Similar Event, as submitted by Ms. Giovanna Sandusky on behalf of the Park Avenue Neighborhood Association, 721 Park Avenue, South Bend, Indiana, requesting that Manitou, from Forest Avenue to Park Avenue, be closed on Sunday, October 27, 1991 from 3:00 p.m. to 8:00 p.m. for the purpose of a Halloween Party. Mr. Leszczynski made a motion that the request be referred to the appropriate City departments and bureaus for review and recommendation. Ms. Humphreys seconded the motion which carried. APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski and carried, the following four (4) traffic control devices were approved: 1. NEW INSTALLATION: LOCATION: REMARKS: 2. NEW INSTALLATION: LOCATION: REMARKS: 3. NEW INSTALLATION: LOCATION: REMARKS: 4. NEW INSTALLATION: LOCATION: REMARKS: Handicap Parking Space 226 North Birdsell Request of Emma Carter Handicap Parking Space (one (1) 25' space) 458 South Harris Street Request of Casimer Zarkowski Handicap Parking Space 1509 West Dunham Request of Mr. Stephen Brzezinski No Parking 2920 West Sample Street Requested by Petersen Printing to improve sight distance in and out of drives. APPROVE EXCAVATION BOND Mr. Leszczynski stated that the Engineering Department has recommended that the Bond of Excavation for Larry A. Gabbard be approved effective October 14, 1991. Mrs. DeClercq therefore made a motion that the recommendation be accepted and the bond be approved. Ms. Humphreys seconded the motion which carried. APPROVE TITLE - COPPERFIELD SU] IVISION SECTION 1 Mr. Leszczynski indicated that the Title Sheet for the above referred to project was being presented at this time for execution. Upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the above referred to Title Sheet was approved and signed. 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 and filed: 1 1 REGULAR MEETING OCTOBER 1. 4 , 1991 1 1. Reinke Construction Reibro Development P.O. Box 3095 Corporation and Corporation South Bend, IN 46619 2. Thien Van Trinh 1009 Patty Lane South Bend, IN 46615 FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORTS Mr. Leszczynski advised that the Board is in receipt of two (2) lists submitted by the Department of Code Enforcement indicating the locations of seventy (70) City -owned and miscellaneous properties cleaned by the Department during the period September 30, 1991 to October-3, 1991. Mrs. DeClercq made a motion that the lists as submitted be accepted for filing. Mr. Leszczynski seconded the motion which carried. APPROVE CLAIMS Mr. Juan A. Manigault, Executive Director, WDS of Northern Indiana, submitted a list containing one hundred seventy eight (178) claims and recommended approval. Additionally, the Deputy Controller's office submitted three (3) lists recommending that claims in the amounts of $2,102,425.26, $35,774.78 and $2,516,487.04 be paid. Mrs. DeClercq made a motion that the claims be approved and the lists as submitted be filed. Ms. Humphreys seconded the motion which carried. ADJOURNMENT There being no further business to come motion made by Ms. Humphreys, seconded carried, the meeting adjourned at 9:50 ATT T: SdrParmerlee, Clerk. before the Board, upon a by Mrs. DeClercq and =W i,lp jo�h�nE. Leszc i Patricia E. DeClercq