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HomeMy WebLinkAbout04/24/89 Board of Public Works Minutesill REGULAR MEETING APRIL 24, 1989 The regular meeting of the Board of Public Works was convened at 9:33 a.m. on Monday, April 24, 1989, by Board President John E. Leszczynski, with Mr. Leszczynski, Mrs. Patricia E. DeClercq and Ms. Katherine Humphreys present. Also present was 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 April 17, 1989 were approved. OPENING OF BIDS - SALE OF CITY- - 1210 MC CARTNEY, 1113 BURNS A 9ED PROPERTY AT: 3 MAPLE Mr. Leszczynski advised that this was the date set for the receiving and opening of sealed bids for the sale of the above referred to City -owned property. The Clerk tendered proofs of publication of Notice of Sale which were found to be in order. The following bid was opened and publicly read: 1210 MC CARTNEY Bid received from Mr. David M. Golob, 1222 McCartney Street, South Bend, Indiana, in the amount of $410.00. It was noted that this property was appraised at $410.00. Upon.a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the offer of $410.00 was accepted and the matter referred to the City Attorney's office for preparation of the appropriate Purchase Agreement and Quit -Claim Deed. 1113 BURNS No bids received. 263 MAPLE No bids received. APPROVE AMENDMENT lA - DEPARTMENT OF ECONOMIC DEVELOPMENT/ BUSINESS DEVELOPMENT CORPORATION Ms. Betsy Harriman, Office of Community Development, submitted to the Board the above referred to Agreement and advised that it contains the following changes: PROGRAM GUIDELINES This section spells out, in more detail than before, activities which may be conducted with repaid funds, interest earned, etc. It also adds a clause about adding grants as an eligible activity. TERMINATION Adds a Part 6 which states that if the Business Develop- ment Corporation is dissolved, the Contract is terminated. SPECIAL CONDITIONS Adds language on historic preservation issues and environmental procedures. TIMETABLE Extends the timetable through December 31, 1990. AUDITS AND INSPECTIONS Adds language on accessibility to records. Ms. Harriman stated that the Department is attempting to standardize language in all contracts. Therefore, upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the Amendment as submitted and outlined above was approved and executed. 112 REGULAR MEETING APPROVE ESCROW APRIL 24, 1989 - SUPERIOR CONSTRUCTION COMPANY kWA6TEwATER TREATMENT PLANT IMPROVEMENT PROJECT) Mr. Leszczynski advised that Superior Construction Company is setting up an Escrow fund and account with 1st Source Bank for retainage monies in conjunction with Contracts I & III of the Wastewater Treatment Plant Improvements Project and therefore the appropriate Escrow Agreement has been submitted for approval and execution. Upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the Escrow Agreement as submitted was approved and executed. ,ftrrrWVZ AUREEMENT FOR ENGINEERING SERVICES - FIRST GROUP ENGINEERING, INC. Mr. Leszczynski advised that submitted to the Board is an Agreement between the City of South Bend and First Group Engineering, Inc., Consulting Engineers, to redesign the existing traffic signal at Western and Lombardy. The Consultant will be paid a total fee not to exceed $2,950.00. Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the Agreement was approved and executed. ADOPT RESOLUTION NO. 15-1989 ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA IN CENTRE TOWNSHIP Mr. Leszczynski advised that Resolution No. 15-1989 submitted to the Board today establishes a written fiscal plan for providing City services to .7825 acres of land located in Centre Township near the intersection of Ireland and Ironwood Roads. Mr. Leszczynski further advised that this annexation is scheduled before the Common Council at its meeting to be held on April 25, 1989. He further stated that there is no additional cost to the City for providing City services as they are already being provided. Therefore, upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the following Resolution No. 15-1989 was adopted: RESOLUTION NO. 15-1989 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA IN CENTRE TOWNSHIP WHEREAS, there has been submitted to the Common Council of the City of South Bend an ordinance which proposes the annexation of the hereinafter described real estate located in Centre Township, St. Joseph County, Indiana; and, WHEREAS, the territory proposed to be annexed is of an increasingly urban nature and will require a level of municipal public services which is basic to the health and welfare of large populations, which services include police and fire protection, sewers, water, street lighting and similar municipal governmental and proprietary services; and, WHEREAS, the Board of Public Works now desires to establish and adopt a fiscal plan and establish a definite policy to furnish to said territory to be annexed within a period of three (3) years, proprietary services substantially equivalent in standard and scope to the proprietary 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. 1 1 113 REGULAR MEETING APRIL 24, 1989 NOW, THEREFORE, be it resolved by the Board of Public Works of the City of South Bend: SECTION 1. That it is in the best interests of the City of South Bend and of the area proposed to be annexed that the real estate located in Centre Township, St. Joseph County, Indiana, described in the Attachment "A" attached hereto and made a part hereof, be annexed to the City of South Bend. SECTION 2. It is now hereby declared and established that it is the policy of the City of South Bend to furnish to said territory within a period of three (3) years proprietary services substantially equivalent in standard and scope to the proprietary 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 that such services shall include street maintenance, street lighting, sanitation service, water service and sewer service. Section 3. The Board of Public. Works now establishes and adopts the fiscal plan attached hereto as Attachment "B" for the furnishing of said services. SOUTH BEND BOARD OF PUBLIC WORKS s/John Leszczynski s/Patricia DeClercq s/Katherine Humphreys ATTEST: s/Sandra M. Parmerlee, Clerk ATTACHMENT "A" That part of the East half of the Northeast quarter of Section 30, T. 37 N., R. 3 E., Centre Township, St. Joseph County, Indiana which is described as: Beginning at a Point on the East and West quarter line of said Section which is N. 890-58'-35" W., 1011.31 ft. from the East quarter Post of said Section; thence N. 89°-58'-34" W. along said line and the Centerline of Ireland Road, 40.98 ft.; thence N. 000-02'-12" E., 839.64 ft.; thence N. 89°-56'-29" E., 40.21 ft.; thence S. 000-00'-57" E., 839.70 ft. to the Point of Beginning. Subject to all recorded highway easements. Containing 0.7825 Acres. ATTACHMENT "B" CITY OF SOUTH BEND, INDIANA FISCAL PLAN FOR THE ANNEXATION OF THE PROPERTY LOCATED IN CENTRE TOWNSHIP NEAR THE INTERSECTION OF IRELAND AND IRONWOOD 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 Works, represents the City's policy for the annexation of the property located in Centre Township near the intersection of Ireland and Ironwood Roads (hereinafter, "Annexation Area"). This annexation meets the statutory contiguity requirements. 114 REGULAR MEETING APRIL 24, 1989 I. LOCATION The Annexation Area is a strip of land 40 feet wide which is located in the Northeast Quarter of Section 30, Township 37 North, Range 3 East, Centre Township, St. Joseph County, Indiana near the intersection of Ireland and Ironwood Roads. A Legal Description of the Annexation Area is attached as Exhibit 1. A map of the Annexation Area is attached as Exhibit 2. There are 0.7825 acres of land within the Annexation Area. II. EXISTING LAND USE The Annexation Area is currently vacant land. III. PROPOSED DEVELOPMENT Goodrich Theaters Inc. proposes to use the Annexation Area for a landscape buffer and access to a parking lot in association with a theater complex the developer is also proposing. The land upon which the theater complex is to be built is already within the corporate limits of the City of South Bend. IV. PROVISION OF CITY SERVICES A. Public Works This annexation will not require the construction of any streets, street lighting, water facilities, sewers, and stormwater drainage facilities. Due to the nature and proposed use of the Annexation Area, no additional personnel will need to be hired or additional equipment purchased to service the Annexation Area. B. Police Protection Due to the nature and proposed use of the Annexation Area, no additional personnel will need to be hired or additional equipment purchased to service the Annexation Area. C. Fire Protection Due to the nature and proposed use of the Annexation Area, no additional personnel will need to be hired or additional equipment purchased to service the Annexation Area. D. Neighborhood Code Enforcement Due to the nature and proposed use of the Annexation Area, no additional personnel will need to be hired or additional equipment purchased to service the Annexation Area. E. Public Parks Due to the nature and proposed use of the Annexation Area, no additional personnel will need to be hired or additional equipment purchased to service the Annexation Area. V. HIRING PLAN El Irl This annexation will not result in the elimination of jobs of employees of another governmental entity. REGULAR MEETING APRIL 24, 1989 115 1 1 Note: Exhibit #1 Attachment "A", location of the CONS which is a legal description and Exhibit #2 which is a map annexation, are not included ON CONTRACT - 27TH STREE'. and is the same as indicating the in these minutes. FT STATION Mr. Leszczynski advised that in accordance with the bid awarded on April 10, 1989, to Kaser-Spraker Construction, Inc., 25487 W. State Road 2, P.O. Box 3605, South Bend, Indiana, in the amount of $115,035.00 for the above referred to project, a Contract in said amount was being submitted for Board approval. Upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the Contract was approved and the appropriate Insurance, Performance Bond and Labor and Materials Payment Bond as submitted were filed. APPROVE PROJECT COMPLETION AFFIDAVIT - TEACHERS CREDIT UNION PARKING LOT PROJECT Mr. Leszczynski advised that Walsh and Kelly, Inc., has submitted a Project Completion Affidavit indicating a final cost of $25,188.25 for the above referred to project. He further advised that this project was completed last year and this affidavit cleans -up the paperwork in regards to this project. Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the Project Completion Affidavit was approved and the appropriate three-year Maintenance Bond as submitted was accepted for filing. APPROVE I OH FORM REQUESTING APPROVAL OF DETOUR CONJUNCTION WITH ETHNIC FESTIVAL - JULY 2 1989 R. 23 Mr. Michael P. Meeks, Director, Division of Engineering, submitted to the Board a form which requires Board approval of a request to the State of Indiana to close Cooper Bridge in conjunction with the Ethnic Festival - July 2, 1989. Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the form as submitted was approved and executed. REQUEST OF MADISON HOME SCHOOL ORGANIZAZ CONJUNCTION WITH ICE CREAM SOCIAL - MAY Submitted to the Board by Ms. Peg Luecke Madison Home School Organization, was a Lane, between Lafayette and Main Street, School, on Friday, May 19, 1989 from 4:0 conjunction with the school's ice cream Leeper Park. Upon a motion made by Mr. Mrs. DeClercq and carried, the request w appropriate City departments and bureaus recommendation. REQUEST OF FAITH UNITED METHODI BETWEEN EWING AND ALTGELD IN CC - JULY 18-20, 1989 - REFERRED TO CLOSE PARK 19. 1989 - on behalf of the request to close Park adjacent to Madison 0 P.M. to 8:00 p.m. in social to be held in Leszczynski, seconded by as referred to the for review and 01101 B Mr. John W. Davis, Pastor, Faith United Methodist Church, 802 East Ewing Avenue, South Bend, Indiana, requested that the eastbound alley between Ewing Avenue and Altgeld Street from High Street to mid -block be closed from July 18-20, 1989 from 9:30 a.m. to 2:30 p.m. Pastor Davis stated that a Bible School event which will be taking place will require the children to have to cross this alley, and for their safety, it is requested that the alley be closed to traffic. Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the request was referred to the appropriate City departments for review and recommendation. 1116 REGULAR MEETING APRIL 24, 1989 REQUEST OF HATHAWAY, INC TO INSTALL PERMANENT LIFT IN ALLEY - REFERRED In a letter to the Board, Mr. Timothy E. Mathias, Hathaway., Inc., 215 West Madison Street, South Bend, Indiana, advised that he is one of the owners of the former J.C. Penny building at 220 South Michigan Street. He stated that they are currently in lease negotiations with Trustcorp of Indiana and hope to soon start a major renovation of the facility. One of the items that is essential to Trustcorp is that they install a hydraulic scissor lift in the east alley between their building and the new parking garage. One such lift already exists in this alley behind the IBM building. The one they wish to install would be similar in size and design (approximately 6' x 81). This lift is flush with the floor of the alley until it is used for unloading. The total pit depth necessary for the installation of this lift is less than one (1) foot. Therefore, Mr. Mathias is seeking Board approval to permanently install this lift. Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the request was referred to the appropriate City departments and bureaus for review and recommendation. REQUEST OF AMERICAN THEATER ARTS FOR YOUTH, INC. FOR ASSISTANCE IN CONJUNCTION WITH PRESENTATION AT MORRIS CIVIC AUDITORIUM - REFERRED In a letter to the Board, Ms. Edyethe Schwartz, Operations Manager, American Theater Arts for Youth, Inc., 1429 Walnut Street, Philadelphia, Pennsylvania, advised that they will be presenting the Wizard of OZ at the Morris Civic Auditorium on May 5, 1989. Ms. Schwartz noted that thirty-two (32) groups of children, 1,848 children for the first show and 637 children for the second show, are expected to attend. She therefore requested assistance with the parking of buses and getting children safely from the buses to the Morris Civic Auditorium. Therefore, upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the request was referred to the appropriate City departments and bureaus for review and recommendation. OF ►VER PUBLIC RIGHT -OF ST SIGN & DISPLAY, Y AT 123 NORTH HILL INC. TO INSTALL SIGN Mr. Leszczynski advised that the appropriate city aepartments ana bureaus have reviewed the above referred to request which was submitted to the Board on April 10, 1989, and recommend approval subject to no sign supports being erected in the public right-of-way. Therefore, Mr. Leszczynski made a motion that the request be approved subject to sign supports not being placed in the public right-of-way. Mrs. DeClercq seconded the motion which carried. APPROVE REQUEST OF LIBERTY SOUND & ELECTRONICS TO INSTALL ENTRANCE CANOPY AT 2315 LINCOLNWAY WEST Mr. Leszczynski informed the Board that various City departments and bureaus have reviewed the April 10, 1989 request of Liberty Sound & Electronics to erect an entrance canopy and approval is recommended. Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the recommendations were accepted and the request approved. APPROVE REQUEST OF ST. JOE VALLEY WATERCOLOR SOCIETY FOR TRAFFIC CONTROL ASSISTANCE IN CONJUNCTION WITH LEEPER PARK ART FAIR - JUNE 24-25, 1989 Mr. Leszczynski stated that the appropriate City departments and bureaus have reviewed the above referred to request which was submitted to the Board on April 10, 1989 and approval is recommended. Therefore, upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the request was approved. 1 1 117 REGULAR MEETING APRIL 24. 1989 APPROVE REQUEST OF ST. JOSEPH COUNTY MEMORIAL SOCIETY TO CLOSE WASHINGTON STREET BETWEEN MAIN AND LAFAYETTE IN CONJUNCTION WITH MEMORIAL DAY ACTIVITIES - MAY 29, 1989 Mr. Leszczynski advised that the appropriate City departments and bureaus have reviewed the above referred to request which was submitted to the Board on April 10, 1989, and recommend approval. Therefore, Mr. Leszczynski made a motion that the request be approved. Mrs. DeClercq seconded the motion and it carried. APPROVE REQUEST OF SAINT ADALBERT/CORVILLA RUN TO CONDUCT ANNUAL VINZ 1 1 ) MILE AND EIVE ( 5 ) MILE FOOT RACES - JULY 9. 1989 Mr. Leszczynski stated that the various City departments and bureaus have reviewed the above referred to request which was submitted to the Board on April 10, 1989, and approval is recommended. Therefore, Mr. Leszczynski made a motion that the recommendations be accepted and the request be approved. Mrs. DeClercq seconded the motion and it carried. APPROVE REQUEST TO CONDUCT HORSE AND CARRIAGE RIDES IN DOWNTOWN SOUTH BEND Mr. Leszczynski advised that the above referred to request which was submitted to the Board on February 27, 1989, has been reviewed by various City departments and bureaus and approval is recommended at this time. Mr. Leszczynski noted that Bonneyville Carriage Rides (Clint and Pat Yeager, 15799 C.R. 8, Bristol, Indiana) will have an office located in the Marriott Hotel to handle reservations and Mr. Carter Wolf of Center City Associates has given them permission to use the parking lot owned by CCA for the parking of the horse and carriage. It was also noted that submitted with the recommendations for approval were six (6) routes that will be utilized by Bonneyville Carriage Rides. Therefore, upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski and carried, the recommendations were accepted, the request approved and the matter referred to the City Attorney's office for a determination of the appropriate insurance requirements for this venture. APPROVE APPLICATIONS FOR BIDDER QUALIFICATION Mr. Leszczynski stated that applications for bidder qualification as submitted by the following vendors have been reviewed and at this time they are being recommended for approval as qualified City bidders: 1. Michiana Paving & Excavating, Inc. 2. Carl J. Reinke & Sons, Inc. Upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski and carried, the recommendation was accepted and the applications approved. APPROVE LICENSE APPLICATION - PUBLIC PARKING FACILITY Upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski and carried, the license application for Saint Joseph's Tower, Inc., 316 South St. Joseph Street, South Bend, Indiana, was approved and referred to the Deputy Controller's office for issuance of a license. It was noted that the required Proof of Insurance as well as the hours and rates to be charged were attached to the application. APPROVE CERTIFICATES OF INSURANCE Upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, Certificates of Insurance for LaFree Excavating, Inc., 11252 W. 3rd Street, Osceola, Indiana and Delta Star Electric, Inc., 1125 South Walnut Street, South Bend, Indiana, were accepted for filing as submitted. 118 REGULAR MEETING APRIL 24, 1989 FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORT A report from the Department of Code Enforcement indicating a total of twenty-seven (27) properties cleaned from April 10, 1989 to April 14, 1989, was submitted. Upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski and carried, the report as submitted was filed. APPROVE CLAIMS Chief Deputy Controller John D. Leisenring submitted Claim Docket Nos. 7351 through 7638. Additionally, Voucher Nos. 289-354 for the Bureau of Wastewater, Voucher Nos. 230-256 for the Bureau of Sewers and Voucher Nos. 20-25 for the Bureau of Solid Waste were submitted for approval. Upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the claims and vouchers were approved and the reports as submitted were filed. 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 9:46 a.m. tLeszczyn cc C_"�� Patricia E. DeClercq Katherine Humphreys ATTE T: Sandra M. Parmerlee, Clerk 1