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HomeMy WebLinkAbout12/09/91 Board of Public Works MinutesREGULAR MEETING DECEMBER 9. 1991 The regular meeting of the Board of Public Works was convened at 9:32 a.m. on Monday, December 9, 1991, by Board President John E. T,eszczynski, with Mr. Leszczynski, Mrs. Patricia E. DeClercq and Ms. Katherine Humphreys present. Also present was Chief Assistant City Attorney Jenny Pitts Manier. 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 December 2, 1991 were approved. OPENING OF BIDS - ONE (1) ONE TON TRUCK CHASSIS AND ONE (1) STANDARD HALF TON PICKUP TRUCK This was the date set for receiving and opening of sealed bids for the above referred to vehicles. 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: GATES CHEVROLET CORPORATION 401 South Lafayette Boulevard South Bend, Indiana 46601 Bid was signed by Mr. Charles J. Lindzy, Fleet Manager, Non -Collusion Affidavit was in order, Non -Discrimination Commitment form was completed and a ten per cent (100) Bid Bond was submitted. One (1) 1992 Chevrolet Cab/Chassis, Model CC31403, 84" CA, 159.5" WB, 15,000 GVW and as per specifications on file with any noted exceptions noted below: Price w/o trade: $17,553.02 Less trade-in - 1989 Ford K6001586: $ 5,200.00 Net price w/trade: $12,353.02 Exceptions: 1. Warranty is 100,000 miles w/$100 deductible. Injection pump is thirty-six (36) months/36,000 miles. 2. Tires are 225/70-R19.5/F radial. One (1) 1992 Chevrolet 1/2 ton pickup, 131.5" WB, Model CC10903, and as per specifictions on file, with any exceptions noted below: Price - one: $11,268.67 Exceptions: 1. Axle ration is 3:08. 2. Warranty is thirty-six (36) months/36,000 miles, bumper to bumper without any deductible. 3. Tires are P225/75R15. JORDAN MOTORS, INC. 609 East Jefferson Boulevard Mishawaka, Indiana 46544 Bid was signed by Mr. Thomas L. Wargo, Non -Collusion Affidavit was in order, Non -Discrimination Commitment form was completed and a ten per cent (100) Bid Bond was submitted. BID: REGULAR MEETING DECEMBER 9, 1991 1 1 1 One (1) 1992 Ford Super Duty Chassis, standard cab, 161" wheelbase, 84" CA, 14500 lb. GVWR, front stabilizer bar. Two wheel drive; dual rear wheels: Selling price: $18,435.15 Trade - 1989 Ford F350: $ 3,000.00 Net Price: $15,435.15 One (1) 1991 F150 1/2 Ton Pickup - 133" wheelbase, 8' style - side box. 5450 lb. GVWR: Selling price: $12,403.00 Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the above bids were referred to the Division of Equipment Services for review and recommendation. OPENING OF BIDS - WEST WASHINGTON DEVELOPMENT AREA DEMOLITION - 1231, 1233, 1306 W. WASHINGTON (ALTERNATES: 1226, 1228 & 1230 W. WASHINGTON) 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: LA FREE EXCAVATING, INC. 1251 West Third Street Osceola, Indiana 46561 Bid was signed by Mr. Richard LaFree, President, Non - Collusion Affidavit was in order, Non -Discrimination Commitment form was completed and a five per cent (5%) Bid Bond was submitted. BID: Total Base Bid (1 + 2 + 3): $26,619.33 Total Base Bid & Alternates (1+2+3+A1+A2+A3): $52,692.53 TOROK EXCAVATING & DEMOLITION, INC. 54195 North Burdette South Bend, Indiana Bid was signed by Mr. Bill Torok, President, Non -Collusion Affidavit was in order, Non -Discrimination Commitment form was completed and a Certified Check in the amount of $2,443.40 was submitted. BID: Bid indicated on State Board of Accounts Form #96: $48,868.00 Bid as indicated on Proposal Sheets #1 & #2: Total Base Bid (1 + 2 + 3): $27,364.00 Total Base Bid & Alternates (1+2+3+A1+A2+A3): $21,504.00 MURDOCK & SONS CONSTRUCTION, INC. 131 South Taylor Street South Bend, Indiana Bid was signed by Mr. W.H. Calvin Murdock, President/CEO, Non -Collusion Affidavit was in order, Non -Discrimination 94 REGULAR MEETING DECEMBER 9, 1991 Commitment form was completed and a five per cent (5%) Bid Bond was submitted. BID: Total Base Bid (1 + 2 + 3): $49,797.00 Total Base Bid & Alternates (1+2+3+A1+A2+A3): $82,571.00 WARNER AND 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 (5%) Bid Bond was submitted. BID: Total Base Bid (1 + 2 + 3): $31,582.00 Total Base Bid & Alternates (1+2+3+A1+A2+A3): $54,192.00 RITSCHARD BROTHERS INC. 1204 West Sample Street South Bend, Indiana 46619 Bid was signed by Mr. Donald Ritschard, Executive President, Non -Collusion Affidavit was in order, Discrimination Commitment form was completed and cent (5%) Bid Bond was submitted. BID: Total Base Bid (1 + 2 + 3): $30,800.00 Total Base Bid & Alternates (1+2+3+A1+A2+A3): $62,200.00 BRADBERRY BROTHERS, INC. 20061 Dice Street South Bend, Indiana 46614 Vice- Non - a five per Bid was signed by Mr. W. J. Bradberry, President, Non - Collusion Affidavit was in order, Non -Discrimination Commitment form was completed and a five per cent (5%) Bid Bond was submitted. BID: Total Base Bid & Alternates (1+2+3+A1+A2+A3): $66,208.00 Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the above bids were referred to the Engineering Department for review and recommendation. OPENING OF PROPOSALS - PROPERTY AND CASUALTY INSURANCE COVERAGE Mr. Leszczynski advised that this was the date set for the receiving and opening of Proposals for property and casualty insurance coverage. Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the Proposals submitted by the following were rejected as they were received past the published deadline for the submission of Proposals: F__J 11 REGULAR MEETING DECEMBER 9, 1991 1. Koehler Insurance Corporation P.O. Box 6518 South bend, Indiana 46660 2. Cassady Neeser & Brasseur, Inc. 340 Columbia Place P.O. Box 778 South Bend, IN 46624 The following Proposals were opened and read: WATERFIELD INSURANCE AGENCY 900 East Colfax, Suite 1 P.O. Box 1717 South Bend, Indiana 46617 Proposal was submitted by Mr. Nick Stscherban, Jr., Agent. PROPOSAL: Boiler and Machinery: $2,000,000 combined limit direct damage, business income and extra expense. Per list of locations enclosed Comprehensive Form excluding production machinery (copy of form included in Proposal) Broad Form, Repair or Replacement Include: Joint loss clause (property) Newly acquired locations (12 months or policy expiration) Unnamed locations Ninety (90) day cancellation clause (ten (10) days for non-payment of premium). Deductibility: $25,000 direct damage 48 hours business income and extra expense Annual Premium: $11,440.00 LAVEN INSURANCE AGENCY 2628 South Michigan Street P.O. Box 2379 South Bend, Indiana 46680-2379 Proposal was submitted by Mr. Robert O. Laven. PROPOSAL: Quotation valid through January 15, 1992. Property Premium: $82,481.00 Business Income & Extra Expense Premium: $ 1,181.00 Inland Marine Premium: $23,456.00 Boiler & Machinery Premium: $ 5,404.00 Total: $112,522.00 All coverages quoted through Indiana Insurance Company. GIBSON INSURANCE AGENCY, INC. 300 South Saint Louis Boulevard P.O. Box 11177 South Bend, Indiana 46634-0177 96 REGULAR MEETING DECEMBER 9,1991 Proposal was submitted by Mr. Gregory S. Downes, Vice - President and Ms. Dorothy H. Neilson, Accounts Supervisor Commercial Division. PROPOSAL: Real and Personal property $ 80,000.00 Business Income Included Boiler and Machinery Included Inland Marine Included Placement Fee $ 14,000.00 Premises Liability $ 70,000.00 Worker's Compensation $107,843.00 Bonds $ 4,483.00 Total Estimated Annual Premium/cost: $276,326.00* + losses *Note: Total does not include Worker's Compensation losses. Upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the above Proposals were referred to Mrs. C.J. Cartwright-Cowsert, Safety and Risk Manager, for review and recommendation. OPENING OF QUOTATIONS - EAST BANK DEVELOPMENT AREA AND MICHIGAN STREET REPLACEMENT LIGHTING FIXTURES It is noted that this was the date set for receiving and opening of sealed Quotations for the above referred to project. The following Quotations were opened and read: ALL -PHASE ELECTRIC SUPPLY CO. 1385 Bendix Drive P.O. Box 3995 South Bend, Indiana 46628 Quotation was submitted by Mr. L. Futa. QUOTATION: Two (2) B750-361OT-150HPS $ 840.00 each plus freight Two (2) 2G-1880PM-BCC-3601T-70HPS $1,450.00 each plus freight ELKHART SUPPLY CORPORATION 1126 Kent Street Elkhart, Indiana 46514-1740 Quotation was submitted by Mr. Norman Williams. QUOTATION: Two (2) Sternberg B750/3610T/150HPS/MT/RE-V/lamp/ABZ Unit Price: $ 905.00 Extension: $1,810.00 Two (2) Sternberg Assembly of 2-G1880PM/BBC/3610T/ 70HPS/120V/RE-V/SMPC/Lamp/ABZ Unit Price: $1,565.00 Extension: $3,130.00 Note: Last order of Twin Globe assemblies were "Arylic Globes." There is no change in price and if needed just change the SMPC (Poly Carb) to SMA. Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq REGULAR MEETING DECEMBER 9, 1991 and carried, the above Quotations were referred to the Engineering Department for review and recommendation. PUBLIC HEARING AND UNFAVORABLE RECOMMENDATION - PROPOSED VACATION OF FIRST, SECOND, THIRD AND FOURTH ALLEYS NORTH OF PORTAGE, LOCATED BETWEEN LELAND AVENUE AND FOREST AVENUE EXCLUDING THE PORTIONS OF THE NIS ALLEY BETWEEN FOREST AND LELAND Mr. Leszczynski advised Board's Public Hearing alleys: that this was the date set for the on the proposed vacation of the following The first, second, third and fourth alleys north of Portage, located between Leland Avenue and Forest Avenue, excluding the portions of the north -south alley between Forest Avenue and Leland Avenue, which intersects the alleys to be vacated for a total distance of approximately 960 feet and a width of approximately twelve (12) feet. It was 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 Contact person Chris Vanden Bossche, 721 Forest Avenue, South Bend, Indiana, on behalf of the following individuals: Gloria Roeder 717 Forest Stephen Fallon 802 Forest Chris Vanden Bossche 721 Forest Judith M. Heyhoe 809 Forest Hugh Hack 742 Leland Margaret Moody 727 Forest Sandy Friesen 714 Forest Edward Ardnt 720 Forest Richard W. Agan 818 Leland Thomas Bullock 843 Forest Kenneth Haller 837 Forest Brian Lee Hart 847 Forest John D. Kordalski 830 Forest Gary Kern 827 Forest Chris Doyal 806 Leland Charles Kirkpatrick 831 Forest Ann K. Clark 831 Forest Victoria Hyland 824 Forest Charles & Kathy Reger 816 Forest William D. Morris 814 Forest Michael C. Grant 803 & 833 Forest David Storey 811 Leland It was further noted that pursuant to South Bend Municipal Code Section 18-53.8, owners whose property abut the proposed alleys to be vacated, as well as those property owners within one hundred fifty feet (1501) of the alleys to be vacated were notified of the Board's Public Hearing date. Mrs. Emily Karczewski, 728 Leland Street, South Bend, Indiana, (Key #18-1059-2532) addressed the Board and stated that she is opposed to the vacation because closing the alley would block access to parking in the rear of her property. Mrs. Karczewski expressed her concerns that she received her letter regarding this Public Hearing just last Thursday and also notification that the Common Council would conduct their Public Hearing today as well. She inquired if it was standard procedure to receive such short notification and for the Board to make a decision in a matter of hours. Mrs. Karczewski was advised that usual procedures were followed in this matter. Mrs. Karczewski stated that the three (3) tenants of the property she owns will have to park on the street should the alley be Q REGULAR MEETING DECEMBER 9, 1991 vacated. She noted that parking on the street is already tight and there would be a great parking hazard if all the residents then had to find parking on the street. Mrs. Karczewski informed the Board that forty-five (45) houses would be affected by the vacation as proposed and if everyone has two (2) vehicles there would be a parking problem. Additionally, residents would have to exit onto either Portage or Riverside which is very dangerous. She noted that the north/south alley is one fifth (1/5) of a mile long and the access alleys proposed to be vacated are needed. Mrs. Karczewski inquired if the Board compiled any statistics regarding the amount of crime in the area and whether adequate fire protection was addressed. Mr. Leszczynski indicated that the Board's concern in this matter is ingress and egress and public use. He noted that the Fire Department has indicated that they have no objections to the vacations as long as they can get through the alleys if required. They would prefer utilizing the north/south alley as opposed to the east/west alleys. In conclusion, Mrs. Karczewski stated that it is not a good idea to vacate the alleys as there is no way to get to their backyard. Mr. Leszczynski informed Mrs. Karczewski that should the fourteen foot (141) alley be vacated, seven feet (71) would revert to her property and they could utilize this area as access to their property. Mrs. Karczewski stated that she has had problems in the past with individuals parking on her property illegally and has had to call the police. Should this alley be vacated and become private property she would have a more difficult time getting the police to help. She stated that it is in the best interests of the people of the area to keep the alley open. Mr. Chris VandenBossche, 721 Forest Avenue, South Bend, Indiana, addressed the Board and stated that he is one of the people who put together this Vacation Petition. He noted that six (6) out of eight (8) residents on these alleys on the east side are owner occupied and three (3) on the west side are owner occupied. He noted that they understand that there is access to parking on the west side for several of these alleys. Residents on the third and fourth alleys have no intent to put any barrier to block the alleys but will leave them open with some of type of access agreement. The residents on the east side do intend to close the alley to eliminate through traffic. Mr. VandenBossche stated that the vacation was structured this way because properties at the intersections of the cross alleys could not give property back to the City in order to have an adequate turning radius. Mr. Tom Brademas, 750 Leland, South Bend, Indiana, indicated that he is also representing the residents of 728 and 736 Portage and stated that he utilizes the alley to park in the back of his property. He stated that he has some reservations and agrees with both sides but would have to drive three hundred fifty feet (350') down a dirt alley to get to his garage. He noted that he and his neighbors have small children. He stated that he is opposed to the closing because he could not get to his garage. He stated that it would be a speed hazard if the City closed a couple of alleys. He noted however that he is undecided regarding this proposed vacation but wanted to attend the Public Hearing to hear what the other residents had to say regarding this matter. Mr. Tom Bullock, 843 Forest Street, South Bend, Indiana, stated that he too initiated this Petition and agrees with Mr. VandenBossche. He noted that the people on Forest Avenue did experience a slight increase in traffic when another alley was vacated. He noted that it was the consensus of the group to close the four (4) alleys instead of having one (1) or two (2) left open and they decided to band together as a group. If this group effort fails, they could come back individually. He sited REGULAR MEETING DECEMBER 9, 1991 safety as being one of the reasons for the closing of the alleys as vehicles do utilize the alleys at a high rate of speed and also because when the properties were platted no distance was left between the property line and the edge of the house and in the summer with windows open it becomes quite dirty. Therefore, the convenience of the homeowners would be enhanced by this vacation. Mr. Daniel Slattery, 754 Leland, South Bend, Indiana, stated that he has access to his garage from the mid north/south alley and uses the cross alley to get to that garage. Of the twenty-two (22) properties, eight (8) of the properties lie across from the alley and would not have need to use the alley. Three (3) of the petitioners have private drives on the street and have no need to use the alley. Six (6) have no garage and one (1) has access to Portage Avenue. Of the four (4) remaining, three (3) have garages and one (1) has a parking area that abuts the alley and they would still be able to use it as a private drive. Mr. Slattery noted that eighteen (18) property owners who did not sign the petition would directly be effected by the vacation. Mr. Slattery inquired if the Petition had to be considered by the Board as presented or if there was room for compromise. Chief Assistant City Attorney Jenny Pitts Manier stated that the Board could not amend the Petition or ordinance. Mr. Slattery submitted to the Board pictures which he took this past weekend indicating the type of situation which would be encountered by motorists attempting to drive from the alley onto Portage and Riverside. He noted that there is a visual obstruction on these heavily travelled streets. Mr. Ron Schriver, 734 Leland, South Bend, indicated that he is in opposition to the Indiana closing (Lot #5), of the alleys for the reasons previously stated which is unsafe access to Portage and/or Riverside. He noted that he would not be opposed to an alternate or partial closing of the alleys or limited access. Mr. Paul Griffith, 809 Forest, South Bend, Indiana, informed the Board that he is in favor of the vacation as there is a large amount of foot and vehicular traffic through the alley and for the safety of the children he would recommend approval of the closing. He noted that access at the end of Portage or Riverside is not ideal but he is not sure any other alternative is better and it would be a trade off for the inconvenience. He stated that he would oppose selective closings. Mr. VandenBossche addressed the Board again and stated that the alleys are used as much as shortcuts as for access and there are quite a few garages on the alley that are not being utilized. He stated that the convenience issue is as important as the safety issue. At this point, Mr. VandenBossche also submitted to the Board photographs of the alleys. It was also noted at this time that there were no statistics available on the amount of traffic utilizing the alleys. Mr. Stephen Luecke, 1st District Councilman and property owner of 816 Leland Avenue, South Bend, Indiana, advised that he and his wife own property that abuts one of the alleys proposed for vacation and he has a conflict of interest in this matter. He noted that some residents are in favor and some are against. Mr. Luecke advised members of the Board that some time ago he was approached by Mr. VandenBossche regarding the possibility of closing the alley. He was also approached by Mr. Bullock regarding the closure of the alley abutting his residence. At that time it was thought that combining the efforts of the residents of the area to close the four (4) alleys would be the best method to follow. The four (4) alleys were recommended to be closed in the fashion they were in order to eliminate the need REGULAR MEETING DECEMBER 9, 1991 for residents to give back to the City property in order to provide a wider turning radius because of the creation of T-intersection alleys. In some instances there is no property to give back to the City for this purpose. Mr. Luecke stated that Mr. Scott Mainwaring and Ms. Susan Elfin, 817 Forest Avenue, South Bend, Indiana, have submitted a letter indicating their opposition to the vacation. Additionally, Mrs. Mary Grontkowski, 720 Portage Avenue, South Bend, advised him that she is in opposition to the vacation. Mr. Todd Wakevainen, 738 Leland Street, South Bend, Indiana, stated that he is concerned for himself and his tenants and is opposed to parking on the street as well as exiting onto Portage or Riverside. He indicated that he is of the belief that some type of compromise could be reached. He inquired what would happen if two (2) cars were coming down the north/south alley at the same time with no room to turn around. Someone would have to back all the way out of the alley. Mrs. Karczewski addressed the Board again and stated that there are not twenty-two (22) properties as previously stated by Mr. Slattery but forty-five (45) houses with a potential of ninety. (90) cars that would have to utilize the one -fifth mile long alley. She noted that someday the residents may wish to improve or build new garages on their property to enhance their property but could not use the garages because of lack of access. Mrs. Karczewski inquired if any of the Board members made a site inspection and was told that Mr. Leszczynski did visit the area. Mr. Slattery stated that the alley is not paved and is a dirt alley full of potholes. He inquired where the traffic would go if some of the alleys were closed and some not. He stated that his garage is not currently being used but access to that garage is important to him and the value of his property. Should the alley be vacated it would be so permanently and would stop the future use of the garages. Mr. Griffith, 809 Forest Avenue, South Bend, Indiana, stated that most of the traffic he notices is not from residents but from others utilizing the alley as a shortcut. He stated that perhaps actual numbers could be tabulated regarding the number of vehicles utilizing the alleys. There being no one else present wishing to address the Board concerning this matter, upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the Public Hearing on this matter was closed. Chief Assistant City Attorney Jenny Pitts Manier advised the Board that the Area Plan Commission has noted that property owners of lots 1 & 2 and lots 9 & 10 have not signed the Vacation Petition and therefore the individuals who submitted the Petition have no authority to request the vacation of those alleys. In order to vacate these alleys owners of lots 1 & 2 and 9 & 10 would have to sign the Petition. The other residents who have signed have no interest in that particular property. Ms. Humphreys inquired what the Board's options were in this matter. She that noted the Board is required to send a recommendation to the Common Council and they don't have the authority to amend the Petition. She further noted that the Board can send a negative recommendation based on the information at hand as well as a recommendation that the Common Council consider the creation of T-intersection alleys. Mrs. Manier stated that the Board can send either an affirmative or negative recommendation with comments indicating that the Council may wish to modify the Petition. Therefore, Ms. Humphreys made a motion that the Board send to the Common Council a negative recommendation as it appears that not REGULAR MEETING DECEMBER 9, 1991 all property owners who abut the alleys to be vacated signed the Petition form but with the recommendation that the Common Council may want to consider closing off one-half (1/2) of the alleys and creating T-intersections as a potential compromise for the property owners. Mr. Leszczynski seconded the motion which carried. ADOPT RESOLUTION NO. 47-1991 - ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA IN PENN TOWNSHIP Mr. David Norris, Department of Economic Development, advised the Board that the Resolution before them today contains a written fiscal plan and involves a parcel of property located southeast of the intersection of Ironwood and Inwood Roads. This parcel of property, approximately 5.30 acres is proposed to be annexed to the City. Mr. Norris informed the Board that the developer of the property to be annexed intends to construct a physicians office and medical facility on the site. The single family house now located on the site will remain as a caretaker's residence. Mr. Norris indicated that no City funds will be required for improvements to the area as the developer is providing street construction, lighting, sewer facilities, water facilities and stormwater drainage facilities. The wastewater treatment and collection systems can provide service to the area without any additional expenditures by the City. In conclusion Mr. Norris stated that police and fire protection as well as water service will be considered by the respective Boards. Therefore, Mrs. DeClercq made a motion that the Resolution submitted to the Board be adopted. Ms. Humphreys seconded the motion which carried and the following Resolution No. 47-1991 was adopted: RESOLUTION NO. 47-1991 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 PENN 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 Penn Township, St. Joseph County, Indiana; and WHEREAS, the territory proposed to be annexed is located to the southeast of the intersection of Ironwood Road with Inwood Road, within the Northwest Quarter of Section 29, Township 37 North, Range 3 East, Penn Township, and is proposed to be developed as a site for the construction of physicians offices and a medical facility, the development of which land as proposed 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 REGULAR MEETING DECEMBER 9, 1991 services normally provided within the corporate boundaries, and services of a capital improvement nature, including street construction, street lighting, sewer facilities, and storm water drainage facilities to be furnished to the territory to be annexed; (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non -capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non -capital services provided to areas within the corporate boundaries of the City of South Bend, that have characteristic of topography, patterns of land use, and population density similar to that of the territory to be annexed; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend that have characteristics of topography, patterns of land use and population density similar to that of the territory to be annexed and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. That it is in the best interest of the City of South Bend and of the area proposed to be annexed that the real property located in Penn Township, St. Joseph County, Indiana, described in Exhibit l.of Attachment "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 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 9th day of December, 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 REGULAR MEETING DECEMBER 9, 1991 ATTACHMENT "B" CITY OF SOUTH BEND, INDIANA FISCAL PLAN FOR THE ANNEXATION OF PROPERTY LOCATED IN PENN TOWNSHIP SOUTHEAST OF THE INTERSECTION OF IRONWOOD AND INWOOD ROADS 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 southeast of the intersection of Ironwood and Inwood Roads in Penn Township, St. Joseph County (hereinafter, "Annexation Area"). This annexation meets the statutory contiguity requirements. I. LOCATION The Annexation Area is located on the south side of the City of South Bend in part of the Northwest Quarter of Section 29, Township 37 North, Range 3 East, Penn Township. The Legal Description for the Annexation Area, marked as Exhibit 1, is 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 5.30 acres of land within the Annexation Area. II. EXISTING LAND USE The Annexation Area currently has a single family home located on it. III. PROPOSED DEVELOPMENT The developer of this project proposes to construct a physicians office and medical facility on the site. The home that currently exists on the Annexation Area will remain as the caretaker's residence. All surface drainage is to be handled in compliance with the City of South Bend's Subdivision Standards. The developer of the project is responsible for all infrastructure improvements including any streets, street lighting, water, sewers and stormwater drainage facilities needed. 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 developer providing street construction necessary, street lighting, sewer facilities, water facilities, and stormwater drainage facilities within the Annexation Area. Water lines of sufficient size and capacity are available from both Ironwood and Inwood Roads. Sewer lines are also adjacent to the Annexation Area. The wastewater treatment and collection systems can provide service to the proposed area without any additional expenditures by the City. The City also can provide solid waste collection services to the Annexation Area without additional equipment or personnel. REGULAR MEETING DECEMBER 9, 1991 B. Police Protection The Annexation Area will be added to Beat 15. Police officials do not anticpate that the addition of the development will increase significantly the call for police services. Routine patrol and law enforcement can be provided without hiring additional officers or purchasing additional equipment. Police patrols, traffic enforcement, and emergency responses will be a part of the services the City will offer to the Annexation Area. 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 2.6 miles from South Bend Fire Department Station Number 10 at 308 West Ireland Road. Additional Fire Department units will respond, including engine Number 8, which is located at 2402 Twykenham, approximately 2.0 miles from the Annexation Area. Response times will be comparable to other areas of the City. The Fire Department does not foresee any unusual fire protection problems related to the proposed development. The Fire Department's final approval of the project will require examination and approval of the site plan, including the location of fire hydrants. No additional equipment will need to be purchased or personnel hired to provide fire protection to 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 is also being considered. D. Neighborhood Code Enforcement The Department of Neighborhood Code Enforcement can provide 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 Southeast portion of the City that can be used by the residents of the Annexation Area. Parks and facilities that are close to the Annexation Area are: Hamilton Park, which has playground equipment, picnic tables and ball diamonds; Erskine Golf Course, which has an 18 hole course; O'Brien Park, which has picnic facilities, a lighted softball diamond, football field, playground equipment and about five (5) acres of woods; and Marshall Park, which has a tot lot, lighted tennis courts, ball diamonds, and a football field. 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 RELEASE OF TEMPORARY AND PERPETUAL EASEMENTS - CORBY STREET SEWER PROJECT Mr. Leszczynski advised that when the above referred to project began it was discovered that the sewer and water lines were not REGULAR MEETING DECEMBER 9, 1991 where they were thought to be and therefore the Easements previously provided are not required. It is noted that Board Attorney Mary H. Mueller prepared the appropriate Release of Temporary and Perpetual Easements in regards to this project. It is further noted that on April 8, 1191 and May 10, 1991, the Board accepted and approved Temporary and Perpetual Easements with Mr. John Freidline in regards to this project. Therefore, Mr. Leszczynski made a motion that the Release be approved and executed. Ms. Humphreys seconded the motion which carried. AWARD QUOTATION - SOUTH BEND AVENUE SEWER LATERAL In a Memorandum to the Board, Mr. Carl P. Littrell, Director, Division of Engineering, advised that he has reviewed the Quotations received on December 2, 1991 for the above referred to project and at this time recommends the award of the Quotation submitted by DeWulf & Sons, P.O. Box 792, South Bend, Indiana, in the amount of $6,350.00. Mr. Leszczynski made a motion that the recommendation be accepted and the Quotation be awarded. Ms. Humphreys seconded the motion which carried. APPROVE PROJECT COMPLETION AFFIDAVIT - ASBESTOS ABATEMENT COLFAX THEATRE Mr. Leszczynski advised that Clean Air Systems, Inc., 23349 State Road 23 West, South Bend, Indiana, has submitted the Project Completion Affidavit for the above referred to project. Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the Project Completion Affidavit as submitted was approved and executed. APPROVE INSURANCE STATEMENTS Mr. Leszczynski noted that Mrs. Cissy Cartwright-Cowsert, Safety and Risk Manager, submitted to the Board Insurance Statements required for lease agreements which indicate the City as the lessee and General Motors Acceptance Corporation, c/o PDP Services, 7th Floor, Executive Plaza IV, Hunt Valley, Maryland as the loss payee for two (2) vehicles owned by the City utilized by Century Center. The Statements include General Motors Acceptance Corporation as an additional insured. Mrs. DeClercq made a motion that the Insurance Statements be approved and executed. Ms. Humphreys seconded the motion which carried. APPROVE REQUESTS: - REQUEST OF ERSKINE BOULEVARD RESIDENTS TO CONDUCT ANNUAL CANDLELIGHT WALK - DECEMBER 14, 1991 - REQUEST OF ST. JOE VALLEY CHAPTER KNIGHTS OF COLUMBUS TO CONDUCT "MARCH FOR LIFE" - JANUARY 19 1991 - REQUEST OF MORSE DIESEL TO OCCUPY PUBLIC RIGHT-OF-WAY AT DOWNTOWN VALLEY AMERICAN BANK BUILDING - MAIN & WASHINGTON STREETS Mr. Leszczynski advised that the above referred to requests have been reviewed by the appropriate City departments and bureaus and approval is recommended. It is noted that these requests were submitted to the Board on November 25, 1991 and December 2, 1991. Mrs. DeClercq made a motion that the requests be approved. Ms. Humphreys seconded the motion which carried. REQUEST OF MARCH OF DIMES TO CONDUCT 22ND ANNUAL WALK AMERICA - APRIL 25, 1992 - REFERRED In a letter to the Board, Ms. Diana M. Dolde, March of Dimes Birth Defects Foundation, Northern Indiana Chapter, 833 Northside REGULAR MEETING DECEMBER 9, 1991 Boulevard, P.O. Box 23, South Bend, Indiana, advised that the March of Dimes is requesting permission to conduct the 22nd Annual WalkAmerica on Saturday, April 25, 1992. Mr. Leszczynski made a motion that the request be referred to the appropriate City departments and bureaus for review and recommendation. Mrs. DeClercq seconded the motion which carried. REQUEST OF F.I.R.E. TO ACQUIRE CITY -OWNED PROPERTY - 719 WEST LA SALLE STREET - REFERRED In a letter to the Board, Attorney Peter G. Trybula, Baker & Daniels, First Bank Building, 205 West Jefferson Boulevard, Suite 250, South Bend, Indiana, advised that he is requesting, on behalf of F.I.R.E., Inc., an Indiana not -for -profit corporation, that the City transfer title to F.I.R.E. for Lot 48 Kuplers subdivision. Mr. Trybula noted that this summer F.I.R.E. acquired ownership of lots #6 and #7 of Kuplers subdivision and is currently renovating the home located on Lot #6 (street address 717 West LaSalle Street) to serve the South Bend community as a home in which physically and sexually abused children and other children separated from their parents may enjoy supervised visits with their parents in a home -like setting. F.I.R.E. has developed this program in conjunction with the Department of Public Welfare and the St. Joseph County Courts. The United Way of St. Joseph County has participated in the program by providing a venture fund grant. Mr. Trybula further noted that the parcel of property they are requesting is a small triangular shaped parcel remaining from the development of Chapin Street at the northeast corner of Chapin and LaSalle Streets. F.I.R.E. would expect to use this land for additional parking and outdoor recreational space for children and their families participating in visits at the center. Mr. Leszczynski made a motion that the request be referred to the appropriate City departments and bureaus to determine whether or not the City need retain this property for any reason. Mrs. DeClercq seconded the motion which carried. APPROVE REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - CHEMICALS - BUREAU OF WASTEWATER In a letter to the Board, Mr. Karl Kopec, Manager of Operations, Division of Environmental Services, requested that the Board advertise for the receipt of bids for ferric chloride, sulfur dioxide and chlorine for 1992. Mr. Leszczynski made a motion that the request be approved. Mrs. DeClercq seconded the motion which carried. APPROVE REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - SALE OF ABANDONED VEHICLES Mrs. Patricia E. DeClercq, Director, Department of Code Enforcement, requested permission to advertise for the sale of approximately eight (8) abandoned vehicles, which are being stored at Super Auto Salvage Corporation, 3300 South Main Street, South Bend, Indiana. It was noted that all vehicles have been stored more than fifteen (15) days, identification checks had been run for auto theft and the owners and lienholders notified. Upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski and carried, the above request was approved and a date of December 30, 1991, was established for the receiving and opening of sealed bids. REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - CONSTRUCTION/ INSTALLATION OF FUEL STORAGE AND DISPENSING FACILITIES - EQUIPMENT SERVICES FACILITY - TABLED In a Memorandum to the Board, Mr. Carl P. Littrell, Director, REGULAR MEETING DECEMBER 9, 1991 Division of Engineering, requested that the Board advertise for the receipt of bids for the above referred to project. Mr. Leszczynski made a motion that the request be tabled at this time. Mrs. DeClercq seconded the motion which carried. APPROVE CONTRACTORS BOND Mr. Leszczynski advised that the Engineering Department has recommended that the Bond of Contractor for James Bernicky be approved effective December 9, 1991. Mr. Leszczynski made a motion that the bond be approved. Mrs. DeClercq seconded the motion which carried. APPROVE LICENSE APPLICATION - RUBBISH AND GARBAGE REMOVAL Mr. Leszczynski advised that Karl C. McGhee, 1020 Sorin Street, South Bend, Indiana, has submitted an application for a Rubbish & Garbage Removal license. It is noted that the Department of Code enforcement has reviewed this application and recommends approval. It was noted that an inspection of the truck to be used had been conducted by the Solid Waste Bureau and the applicant was found to be in compliance. Upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the above license application was approved and referred to the Deputy Controller's office for issuance of a license. APPROVE TRAFFIC CONTROL DEVICE Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the following one (1) traffic control device was approved: 1. NEW INSTALLATION: Handicap Parking Space LOCATION: 1706 North O'Brien REMARKS: As requested by Ms. Frances A. Csaszar APPROVE TITLE SHEET - IRELAND HEIGHTS SECTION ONE LOT 11 & LOT 12 SEWER HOOKUP Mr. Leszczynski advised that the Title Sheet submitted today involves the installation of a sewer on Sampson Drive. Therefore, Ms. Humphreys made a motion that the Title Sheet be approved and signed. Mrs. DeClercq seconded the motion which carried. FILING OF CERTIFICATE OF INSURANCE Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the Certificate of Insurance for Williams Contracting, Bob Williams, 1240 North Kaley Street, South Bend, Indiana, was accepted and filed. FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORTS Mr. Leszczynski advised that the Board is in receipt of two (2) lists as submitted by the Department of Code Enforcement indicating that twenty (20) City owned and miscellaneous properties were cleaned by the Department during the period November 24, 1991 to November 27, 1991. Mrs. DeClercq made a motion that the lists be accepted for filing. Ms. Humphreys seconded the motion which carried. APPROVE CLAIMS Mr. Leszczynski advised that Mr. Juan A. Manigault, Executive Director, WDS of Northern Indiana, submitted a list containing one hundred forty-seven (147) claims and recommended approval. Additionally, the Deputy Controllers Office has submitted claims REGULAR MEETING DECEMBER 9, 1991 in the amounts of $2,699,971.01, $3,054,278.64, $2,223,940.67 and $2,025,324.14 and recommended approval. Therefore, Ms. Humphreys made a motion that the claims as submitted be approved and the lists filed. Mrs. DeClercq seconded the motion which carried. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the meeting, adjourned at 10:35 a.m. r ohn E. Lesz� -4A c s i ATTEST: Sandra M. Parmerlee, Clerk I 1