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HomeMy WebLinkAbout12/18/89 Board of Public Works Minutes367 REGULAR MEETING DECEMBER L8, 1989 The regular meeting of the Board of Public Works was convened at 9:31 a.m. on Monday, December 18, 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 December 11, 1989, regular meeting of the Board were approved. APPROVE DOCUMENTATION REVIEW AGREEMENT Board Attorney Jenny Pitts Manier advised that the Board received a request from a vendor that will be submitting a bid for the computer system asking that the City sign a Documentation Review Agreement promising not to disclose any trade secrets which will be contained in the bid package. She noted that the City has agreed to sign the Agreement which was submitted. Ms. Manier also noted that state law prohibits the City from disclosing this type of information regardless of the fact that other vendors who will be submitting bids have not made similar requests. Therefore, Ms. Humphreys made a motion that the Agreement as submitted by Information Development Consultants,(IDC) One East Superior Street, Chicago, Illinois, be approved and executed. Mrs. DeClercq seconded the motion which carried. OPENING OF BIDS - AUTOMATED INFORMATION PROCESSING SYSTEM AND FILING OF APPLICATIONS FOR BIDDER QUALIFICATION Mr. Leszczynski advised that this was the date set for the receiving and opening of sealed bids for the above referred to computer system. The Clerk tendered proofs of publication of Notice in the South Bend Tribune and the Tri-County News which were found to be sufficient. Mr. Leszczynski noted that the following companies have advised that they decline to bid at this time: 1. Data Systems Network Corporation 37000 Grand River Avenue, Suite 350 Farmington Hills, MI 2. Radian Corporation 8501 Mo-Pac Boulevard P.O. Box 201088 Austin, TX 3. National Eagle Corporation 808 Park Two Sugar Lane, Texas 4. Eastman Kodak Company 8500 Keystone Crossing, Suite 400 Indianapolis, Indiana 5. Accugraph/Holguin Corporation 5822 Cromo Drive El Paso, Texas 6. Moore Governmental Systems, Inc. P.O. Box 3616 Baton Rouge, Louisiana 7. Systems Consultants, Inc. 121 Hunter Avenue, Suite 106 St. Louis, Missouri • REGULAR MEETING DECEMBER 18, 1989 Mr. Leszczynski advised that the Board is in receipt of a letter from Mr. Carl W. Hinsey, HINCO, Inc., 120 West LaSalle Avenue, Suite 202, P.O. Box 181, South Bend, Indiana, advising that HINCO is proposing NO BID at this time and is requesting an extension until January 15, 1990 to permit the gathering of information deemed important to the Proposal. Mrs. DeClercq made a motion that the request for extension as submitted be denied. Ms. Humphreys seconded the motion which carried. Further, upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the following bids were rejected for the reasons as indicated: BULL HN INFORMATION SYSTEM, INC. 17515 West Nine Mile Road Southfield, MI 48075 State Board of Accounts Bid Form #95 was not signed. NEW WORLD SYSTEMS CORPORATION 1700 West Big Beaver, Suite 355 Troy, Michigan 48084 Bid did not contain bid security. J.D. EDWARDS & COMPANY 2907 Butterfield Oak Brook, Illinois 60521 State Board of Accounts Bid Form #95 was not signed. Board Attorney Jenny Pitts Manier also advised that two (2) bids received contained Bid Bonds that were not completely signed by both the principal and the surety and she therefore recommended that the bids be rejected. After discussion by members of the Board it was determined that the bids that contained these Bid Bonds would be read. The following bids were publicly read: WANG LABORATORIES, INC. One Industrial Avenue Lowell, Massachusetts Bid was signed by Mr. Paul L. Mucci, Vice -President, U.S. Controller, Non -Collusion Affidavit was in order and a 10% Bid Bond was submitted. BID: $578,571.00 DIGITAL SYSTEMS, INC. 2700 Middleburg Drive Columbia, SC 29204 Bid was signed by Dorothy Webb, Non -Collusion Affidavit was in order and a 10% Bid Bond was submitted. BID: $798,251.00 17 PENTAMATION ENTERPRISES, INC. 225 Marketplace Bethlehem, Pennsylvania 18018 Bid was signed by David Bloys, Executive Vice -President, Non - Collusion Affidavit was in order and a 10% Bid Bond was submitted. OR REGULAR MEETING DECEMBER 18, 1989 BID: $232,130.00 - Count Systems Application Software Installation and Training $235,812.20 - NCR Tower Processor UNIX Operating System, CAI Office Automation Installation and Education Courses Plus peripheral options and travel expenses NETWORK COMPUTING CORPORATION 5301 77 Center Drive Charlotte, NC 28217 Bid was signed by, name unreadable, Non -Collusion Affidavit was in order and a 10% Bid Bond was submitted. BID: $999,745.00 IBM CORPORATION 215 South Saint Joseph Street South Bend, Indiana 46601 Bid was signed by Mr. William A. Kerrigan, Non -Collusion Affidavit was in order and a 10% Bid Bond was submitted. BID: $916,858.00 Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the above bids were referred to the City Controller's Office and Crowe, Chizek and Company for review and recommendation and the Applications for Bidder Qualification were accepted for filing as submitted. OPENING OF PROPOSALS - CITY OF SOUTH BEND HEALTH BENEFITS, LIFE INSURANCE, HEALTH INSURANCE AND DISABILITY COVERAGE AND FILING OF APPLICATIONS FOR BIDDER QUALIFICATION Mr. Leszczynski advised that this was the date set for the receiving and opening of sealed Proposals for the above referred to insurance coverage. The Clerk tendered proofs of publication of Notice in the South Bend Tribune and the Tri-County News which were found to be sufficient. Mr. Leszczynski noted that the following companies have advised that they decline to submit a Proposal at this time: 1. lst Source Bank P.O. Box 1602 100 North Michigan Street South Bend, Indiana 2. Shenandoah Life Insurance Company P.O. Box 12847 Roanoke, Virginia 3. Key Benefit Administrators, Inc. 5326 North Hillside P.O. Box 55210 Indianapolis, Indiana 4. The Guardian 8900 Keystone Crossing, Suite 1080 Indianapolis, Indiana 5. Arthur J. Gallagher & Company 10 Gould Center Rolling Meadows, Illinois The following Proposals were opened and publicly read: 370 REGULAR MEETING DECEMBER 18, 1989 GIBSON INSURANCE AGENCY, INC. 333 East Jefferson Street P.O. Box 610 Plymouth, Indiana 46563 Proposal was submitted by Mr. Thomas J. Weis, Sr., Vice - President and is as follows: PROPOSAL: Long Term Disability: Life: AD&D: $3,438.62 monthly premium $6,920.56 monthly premium $ 753.06 monthly premium MED BENEFIT SYSTEMS 227 South Main Street P.O. Box 177 South Bend, Indiana Proposal was submitted by Mr. William J. Brusda, Executive Director and is as follows: PROPOSAL: Life: $6,333.32 monthly premium AD&D: $ 426.32 monthly premium ACORDIA LOCAL GOVERNMENT BENEFITS, INC. 9330 Priority Way, West Drive Indianapolis, Indiana 46240 Proposal was submitted by Mr. Michael B. Henning, President and Chief Executive Officer and is as follows: PROPOSAL: Group Medical: Specific Stop -Loss: Employee: Dependent Unit: Aggregate Stop -Loss: Annual Premium $11.94 per employee Specific Stop -Loss Amount $60,000 $75,000 $100,000 $ 9.00 $6.85 $2.97 $12.34 $9.44 $4.06 $4,249 $4,835 $6,007 PYRAMID BENEFIT SERVICES BY SJV LIFE INSURANCE AGENCY 107 West Franklin Street P.O. Box 1724 Elkhart, Indiana 46515 Proposal was submitted by Ms. Executive and is as follows: PROPOSAL: Specific Stop Loss Type of Contract - Total Fixed Costs: Variable (Claims) Nanette M. Mullaney, Account Deductible: $ 75,000.00 Incurred and Paid with Run -In $ 181,213.91 Costs: $4,882,928.00 UNUM BY: BENEFIT CONSULTANTS. INC. One Financial Place, Suite 3600 440 South LaSalle Street Chicago, Illinois 60605 Proposal was submitted by Mr. Patrick S. Sullivan, Benefit Consultants, Inc., Mr. Stephen A. Samataro, UNUM and Mr. Michael J. Witous, CM Financial Group and is as follows: I LJ I-- 371 REGULAR MEETING DECEMBER 18, 1989 PROPOSAL: Long Term Disability: Life: AD&D $3,438.62 monthly cost $6,920.56 monthly cost $ 753.06 monthly cost Additionally, Ms. Sarah A. Gagan, Group Sales Representative, Unum, submitted the following Proposal: PROPOSAL: Long Term Disability: $3,159.81 monthly cost Life: $6,562.60 monthly cost AD&D: $ 753.06 monthly cost BATH ASSOCIATES INSURANCE The Bath Building P.O. Box 1557 South Bend, Indiana 46634 Proposal was submitted by Mr. Tony Xouris, Vice President, Employee Benefits and is as follows: PROPOSAL: Life - AD&D $.53/$1,000 $.08/$1,000 Annual Specific Stop -Loss Premium for a $60,000 deductible per person based on $7.11 per employee and $17.78 per family: $196,621.00 Pre -Certification - COBRA: $1.95 $ 28,571.00 Annual Aggregate Stop -Loss Premium Calculated at $1.80 per employee: $ 26,374.00 Monthly Administration Fees: Based on $8.50 per employee per month $124,642.00 It is noted that this Proposal contained three (3) pages of costs for various type of coverage BENEFIT TRUST LIFE INSURANCE COMPANY STARCK INSURANCE AGENCY, INC. South Bend Office 1030 East Jefferson Boulevard P.O. Box 1467 South Bend, Indiana 46624 Proposal was submitted by Mr. William J. Starck, III, President and is as follows: PROPOSAL: Life Benefit: Employee: $ 6,085.32 monthly premium Total Life: $73,023.84 annual premium AD&D: Employee: $ 9,036.72 annual premium Long Term Disability: $61,1337.64 $60,000 Individual Stop -Loss Total individual stop -loss $165,362.40 Aggregate Stop -Loss (Payable in Advance) $ 17,400.00 Total Annual Premium $326,160.60 372 REGULAR MEETING DECEMBER 18, 1989 PARTNERS NATIONAL HEALTH PLANS One Michiana Square 100 East Wayne Street, Suite 502 South Bend, Indiana 46624 Proposal was submitted by Mr. Tim Budzielek, Account Executive and is as follows: PROPOSAL: A2 $5.00 RX Single: $100.00 Family: $285.00 B2 $5.00 RX Single: $ 95.00 Family: $263.00 LINCOLN NATIONAL EMPLOYEES BENEFITS MICHIANA EMPLOYEE BENEFITS OFFICE 105 Jefferson Centre 105 East Jefferson Boulevard, Suite 500 P.O. Box 269 South Bend, Indiana 46624-0269 Proposal was submitted by Mr. Dennis H. Fisher, Regional Manager and is as follows: Health Plans: Employee: $ 93.97 Dependent: $ 181.61 Indemnity Plan: Employee: $ 73.13 Dependent: $ 141.80 Disability: $6,949.00 total monthly cost Upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski and carried, the above Proposals were referred to the City Controller for review and recommendation and the Applications for Bidder Qualification were accepted for filing as submitted. OPENING OF OUOTATIONS - IMPROVEMENTS AT 115 SOUTH LAFAYETTE Mr. Leszczynski advised that this was the date set for the receiving and opening of sealed Quotations for improvements at 115 South Lafayette Boulevard. The following Quotations were opened and publicly read: L. L. GEANS & SONS, INC. 56535 Magnetic Drive Mishawaka, Indiana 46545 Quotation was submitted by Mr. Rocky R. Geans and is as follows: QUOTATION: $8,845.00 KASER-SPRAKER CONSTRUCTION, INC. P.O. Box 3605 25487 West State Road 2 South Bend, Indiana 46619 Quotation was submitted by Mr. Gary L. Spraker, President and is as follows: QUOTATION: $11,744.00 373 REGULAR MEETING DECEMBER 18, 1989 Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the above Quotations were referred to the Engineering Department for review and recommendation. APPROVE TEAMSTERS AGREEMENT AND SUPPLEMENTAL AGREEMENTS Mr. Leszczynski indicated that the Board of Public Works has been informed that an Agreement has been reached with the Teamsters Local Union No. 364 but the actual Agreement form is not available at this time for execution. Therefore, Mr. Leszczynski advised that the Board and Mr. Robert L. Warnock, Jr., President, Chauffeurs, Teamsters and Helpers Local Union No. 364 will execute a letter which indicates that the Teamsters and the City have reached an agreement in all particulars of the Contract and all Supplementals thereto. The letter that will be signed further states that the difficulties of printing a final copy have made it impossible for the document to be signed at the last regular meeting of the Board. Rather, it will be signed by the Board at its first 1990 meeting. Both parties by this letter agree that when signed the document will apply retroactively to January 1, 1990. Mrs. DeClercq made a motion that the letter as outlined by Mr. Leszczynski regarding the Teamster Agreement be approved and executed. Mr. Leszczynski seconded the motion which carried APPROVE CONTRACTS WITH HUMANE SOCIETY OF ST. JOSEPH COUNTY, IN., INC.: - ANIMAL CONTROL AND SHELTER SERVICES FOR CALENDAR YEAR 1990 - DOG LICENSING SERVICES Mrs. Patricia E. DeClercq, Director, Department of Code Enforcement, advised that the Humane Society has submitted a Contract for Animal Control and Shelter Services for 1990. She stated that the terms of the Contract are the same as the present Contract in regard to services but reflects a five per cent (50) increase from 1989 to $156,555.00 for the calendar year 1990. Therefore, Mrs. DeClercq made a motion that the Contract as submitted be approved and executed. Ms. Humphreys seconded the motion which carried. Additionally, Mrs. DeClercq advised that the Humane Society of St. Joseph County, Indiana, IN, Inc. has submitted a Contract for Dog Licensing Services for the period January 1, 1990 to and including the 31st day of December, 1990. She noted that the City had previously entered into a Contract with the Humane Society for these services in 1989 and noted that in addition to dog licenses being available at the City's Deputy Cotnroller's office they are now available at the Humane Society. The Agreement submitted provides that the Humane Society will retain one-half of all license fees collected to defray the cost of operating this program. Mrs. DeClercq noted that it is hopeful that this arrangement will allow the licensing of more dogs. She also noted that the City has worked with the Humane Society to resolve this issue and that the Humane Society has the same type of Agreement with the City of Mishawaka. Therefore, Mrs. DeClercq made a motion that this Agreement be approved and executed. Ms. Humphreys seconded the motion which carried. FOR PROFESSIONAL SERVICES - EDISON - S.R. 23 TO CRESTWOOD (KEN HERCEG & ASSOCIATES, INC.) Mr. Michael P. Meeks, Director, Division of Engineering, submitted to the Board a Contract with Ken Herceg & Associates, Inc., 425 North Michigan Street, South Bend, Indiana, in the amount of $34,450.00, for the design of Edison Road widening and reconstruction from State Road 23 to 300 feet east of Crestwood 374 REGULAR MEETING DECEMBER 18, 1989 Drive. It is noted that this is Mrs. DeClercq made a motion that approved. Ms. Humphreys seconded for Engineering Phase I of III. the Contract as submitted be the motion which carried. APPROVE PURCHASE AGREEMENT - SALE OF CITY -OWNED PROPERTY - LOT #40 - JEWELWOOD ADDITION Mr.. Leszczynski advised that on October 16, 1989, the Board rejected the bid which it received from Mr. Robert Galloway in the amount of $600.00 for the above referred to property. Subsequent to that rejection, the property was re -appraised taking into consideration the location of a sewer on the property and was re -appraised at $1,072.00. Mr. Galloway was notified of the new appraised price and submitted an offer of $1,072.00 to the Board. Therefore, the appropriate Purchase Agreement has been prepared by the City Attorney's office and is being submitted at this time for Board approval and execution. Mrs. DeClercq made a motion that the Purchase Agreement be approved. Ms. Humphreys seconded the motion which carried. APPROVE PURCHASE AGREEMENT - MAPLE LANE SCHOOL ACCESS ROAD PROPERTY Mr. Leszczynski advised that submitted to the Board was a Purchase Agreement indicating that the City agrees to purchase from Mr. Richard Darnell a parcel of property located in a part of the south half of the Southwest Quarter of Section 32, Township 38 North, Range 3 East and more particularly described in the legal description contained in the Purchase Agreement. The Agreement also indicates that the City shall lease to Mr. Darnell a parcel of property located in a part of the south half of the southwest quarter of Section 32, Township 38 North, Range 3 more particularly described in the legal description contained in the Purchase Agreement. It is noted that this transaction relates to the acquisition of the Maple Lane School by the Army Reserve Center and the need for the City to build a road to accommodate the needs of both the Army and the residents neighboring the school property. Mr. Darnell is being given a twenty-five (25) year lease of a portion of the Maple Lane School property, approximately one (1) acre in size, that abuts his property at 1602 North Ironwood Drive. Upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the Purchase Agreement as submitted was approved and executed. APPROVE AGREEMENTS - MEMBERS OF THE BOARD OF PUBLIC SAFETY Mr. Leszczynski advised that the appropriate Agreements with members of the Board of Public Safety for the period January 1, 1990 until December 31, 1990 have been submitted to the Board for approval and execution. Mr. Leszczynski noted that the Agreements indicate that the members of the Board of Public Safety shall be compensated $3,400.00 per year for services rendered. Mr. Leszczynski made a motion that the Agreements for Mr. Elmer L. Carr, Mr. Jack R. Bland and Mr. Thadeus T. Zakowski be approved and executed. Ms. Humphreys seconded the motion which carried. APPROVE SALE OF REAL ESTATE: - REQUEST TO PURCHASE PUBLIC PROPERTY - 126 NILES AVENUE - RESOLUTION NO. 45-1989 - AUTHORIZING THE SALE OF REAL ESTATE - DEMAND FOR PAYMENT LETTER Mr. Leszczynski advised that the above indicated items relate to the old East Sector Police Substation and the Department of Economic Development's desire to obtain that property for 1_1 1 i 375 REGULAR MEETING DECEMBER 18, 1989 economic development purposes. He noted that the City will be paid $14,020.00 for this property. It is noted that Ms. Ann Kolata, Deputy Executive Director, Department of Economic Development, submitted to the Board a copy of Resolution No. 899 passed by the Redevelopment Commission on November 17, 1989 stating its desire to purchase City -owned property at 126 Niles Avenue and appropriating $14,020.00 for the purchase. Ms. Kolata therefore requested that the Board accept the Commission's offer and transfer the property at the earliest possible date. Mrs. DeClercq made a motion that this request be approved. Mr. Leszczynski seconded the motion which carried. Additionally submitted to the Board at this time was Resolution No. 45-1989 of the Board authorizing the sale of real estate at 126 Niles Avenue and indicating the Board's desire to sell the real estate to the Redevelopment Commission. Mrs. DeClercq made a motion that the Resolution as submitted be adopted. Ms. Humphreys seconded the motion and the following Resolution No. 45-1989 was adopted: RESOLUTION NO. 45-1989 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE SALE OF REAL ESTATE, COMMONLY KNOWN AS 126 NILES AVENUE, SOUTH BEND, INDIANA, TO THE SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, on December 16, 1986, the Board of Public Works of the City of South Bend, Indiana (hereinafter the "Board of Public Works"), entered into a land contract agreement for the purchase of real estate, commonly known as 126 Niles Avenue, South Bend, St. Joseph County, Indiana, more particularly described as follows: A part of the Northeast quarter of Section 12, Township 37 North, Range 2 East of the second principal meridian, City of South Bend, Portage Township, St. Joseph County, Indiana being Lot 92 in the original plat of the Town of Lowell, and described as follows: Beginning at the Northwest corner of said Lot 92; thence South 89° 58' 40" East, 165.69 feet, to the West right-of-way of a 14 foot alley; thence South 00 04' 56" East, on said alley West right-of-way, 66 feet; thence North 890 58' 40" West, on the South boundary of said Lot 92, to the East right-of-way of Niles Avenue, 165.77 feet; thence North 00 00' 25" West, on said East right-of-way, 66 feet, to the point of beginning; which land contract is recorded in the Office of the St. Joseph County Recorder as Document No. 8636566; and WHEREAS, said land contract agreement was amended on February 3, 1987, which amendment is recorded in the Office of the St. Joseph County Recorder as Document No. 8706320; and WHEREAS, on December 1, 1989, the Board of Public Works satisfied in full its obligations under said land contract and amendments thereto, by payment to Mr. Christopher Davey and Mr. Anthony George of $4,215.85, and thereby acquired title to said real estate by way of warranty deed dated December 8, 1989, which deed was recorded in the Office of the St. Joseph County Recorder as Document No. 8933107; and 376 REGULAR MEETING DE:CEMBER 18, 1989 WHEREAS, the South Bend Redevelopment Commission, in Resolution No. 899, adopted November 17, 1989, affirmed its desire to purchase said real estate from the Board, and appropriated by said Resolution $14,020.00 to be offered as the purchase price for said real estate; and WHEREAS, the Board of Public Works desires to sell said real estate to the South Bend Redevelopment Commission. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: 1. That the Board of Public Works declares its intention to sell to the South Bend Redevelopment Commission real estate located at 126 Niles Avenue, South Bend, St. Joseph County, Indiana, and more particularly described as follows: A part of the Northeast quarter of Section 12, Township 37 North, Range 2 East of the second principal meridian, City of South Bend, Portage Township, St. Joseph County, Indiana being Lot 92 in the original plat of the Town of Lowell, and described as follows: Beginning at the Northwest corner of said Lot 92; thence South 890 58' 40" East, 165.69 feet, to the West right-of-way of a 14 foot alley; thence South 00 04' 56" East, on said alley West right-of-way, 66 feet; thence North 890 58' 40" West, on the South boundary of said Lot 92, to the East right-of-way of Niles Avenue, 165.77 feet; thence North 00 00' 25" West, on said East right-of-way, 66 feet, to the point of beginning. 2. That the Board of Public Works accepts the Fourteen Thousand Twenty Dollar ($14,020.00) offer of the Redevelopment Commission as the purchase price of said real estate. 3. That the Board of Public Works shall cause to be prepared a good and sufficient warranty deed conveying said real estate and improvements to the Redevelopment Commission in fee simple, subject only to all taxes, assessments, liens, or encumbrances created or suffered by the Board of Public Works, to zoning regulations, conditions, and covenants now of record or hereafter imposed thereon, which deed shall be signed by the Mayor and attested to by the City Clerk with the Seal of the City affixed, which shall then be recorded in the Office of the St. Joseph County Recorder. 4. That this Resolution shall be in effect upon its adoption by the Board of Public Works. Adopted this 18th day of December, 1989. CITY OF SOUTH BEND BY ITS BOARD OF PUBLIC WORKS s/John E. Leszczynski s/Katherine Humphreys s/Patricia E. DeClercq Attested: s/Sandra M. Parmerlee, Clerk Board of Public Works I- I- 3'7'7 REGULAR MEETING DECEMBER 18, 1989 Finally, Mr. Leszczynski advised that a letter from the Board of Public Works to the South Bend Redevelopment Commission transmitting the Deed to the real estate at 126 Niles Avenue and requesting payment of $14,020.00 has been prepared and is being submitted for execution by the Board. Ms. Humphreys made a motion that the letter be approved and executed. Mrs. DeClercq seconded the motion which carried. ADOPT RESOLUTION NO. 46-1989 - EXTENSION OF AGREEMENT Board Attorney Jenny Pitts Manier advised that submitted to the Board today for adoption is Resolution No. 46-1989 of the Board of Public Works exercising its option to extend an Agreement. She informed the Board that a twenty (20) year lease was entered into with the Board of Aviation Commissioners conveying to the City a lease for three (3) well sites needed by the Water Works. She noted that that Agreement expired on December 8, 1989 but contained a clause that it could be renewed for an additional ten (10) years. The Resolution submitted today authorizes the renewal of the lease. She noted that this request was made by City Water Works Director Joseph Agostino. Therefore, Mr. Leszczynski made a motion that the Resolution as submitted be adopted. Ms. -Humphreys seconded the motion and the following Resolution No. 46-1989 was adopted: RESOLUTION NO. 46-1989 RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, EXERCISING ITS OPTION TO EXTEND AGREEMENT WHEREAS, on the 8th day of December, 1959, the City of South Bend, Indiana ("City"), acting by and through its Board of Public Works and Safety, executed an Agreement ("Agreement") with the Board of Aviation Commissioners, St. Joseph County, Indiana, conveying to the City a lease for three (3) well sites, together with certain easements, and access routes and privileges, which Agreement was recorded with the Office of the St. Joseph County Recorder in Book 193, Page 433 et seq., a true and complete copy of which Agreement is attached hereto and incorporated herein; and WHEREAS, said Agreement was for a period of Twenty (20) Years, which term may be extended, under said Agreement, for one (1) Ten (10) Year term by the City at its option; and WHEREAS, the City is desirous of extending the term of said Agreement, as provided for therein, for one (1) Ten (10) Year period. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS FOR THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: 1. The City hereby exercises its option to extend, for one (1) Ten (10) Year period, running from December 8, 1989 to December 8, 1999, inclusive, the Agreement executed on December 8, 1959 by and between the Board of Public Works and Safety for the City of South Bend, Indiana and the Board of Aviation Commissioners, St. Joseph County, Indiana, a true and complete copy of which Agreement is attached hereto and incorporated herein. 378 REGULAR MEETING DECEMBER 18, 1989 2. The Clerk of the Board of Public Works is hereby directed to record this Resolution with the Office of the St. Joseph County Recorder and to deliver a copy of the same to the Board of Aviation Commissioners, St. Joseph County, Indiana. 3. This Resolution shall be in full force and effect - upon its adoption. Adopted this 18th day of December, 1989. CITY OF SOUTH BEND BY ITS BOARD OF PUBLIC WORKS s/John E. Leszczynski s/Katherine Humphreys ATTEST: s/Patricia E. DeClercq s/Sandra M. Parmerlee, Clerk Board of Public Works APPROVE ACCEPTANCE OF TANK NO. 2 MODIFICATION - CONTRACT III - WASTEWATER TREATMENT PLANT IMPROVEMENTS PROJECT Mr. Leszczynski advised that the Board has been requested to accept as completed the construction work on Aeration Tank No. 2 modification (less Section 2.6.4) as the modification is complete and the tank has been placed back into service and needs to be accepted by the Board. Therefore, Mrs. DeClercq made a motion that the acceptance be approved. Ms. Humphreys seconded the motion which carried. APPROVE EASEMENTS - ST. JOSEPH/WAYNE STREET PARKING GARAGE WALKWAYS Mr. Leszczynski advised that two (2) Easements relating to the construction of two (2) pedestrian walkways between the St. Joseph/Wayne Street Parking Garage and the former J.C. Penny's Building and the IBM Building have been submitted for approval. He noted that the Board previously approved these Easements on November 27, 1989, and the appropriate Easements have been now been prepared and are being submitted to the Board for execution at this time. Mrs. DeClercq made a motion that the Easements be approved. Ms. Humphreys seconded the motion which carried. It is noted that the Easements indicate that the Board grants to the South Bend Redevelopment Authority for the purpose of constructing enclosed elevated pedestrian walkways above the public rights -of -way and to the South Bend Redevelopment Commission for the purpose of using, operating, maintaining, repairing and if necessary, replacing the enclosed elevated pedestrian walkways constructed by the South Bend Redevelopment Authority in, over and above the public rights -of -ways described in the Easements. REQUEST OF LANG, FEENEY AND ASSOCIATES FOR RELEASE OF DRAINAGE EASEMENT - LOT 54 - KENSINGTON FARMS EAST - REFERRED In a letter to the Board, Mr. J. Bernard Feeney, Lang, Feeney and Associates, Inc., 715 South Michigan Street, South Bend, Indiana, advised that in November he appeared before the South Bend Board of Zoning Appeals requesting a variance on Lot #54 - Kensington Farms East. The variance was granted subject to resolution of the Drainage Easement across Lot #54. 379 REGULAR MEETING DECEMBER 18, 1989 Mr. Feeney noted that the resolution of the problems currently affecting this easement amount to the Release of the existing Easement and replacing it with an Easement which will now be centered over the storm water pipe running through Lot #54. It is with these facts in mind that he is requesting that the Board release the ten foot (101) wide drainage easement which now crosses Lot 54 in a diagonal fashion from east to west. Mr. Feeney submitted to the Board drawings and legal descriptions of the easement to be released as well as the "new" drainage easement requested. Mr. Leszczynski made a motion that this request be referred to the appropriate City departments and bureaus for review and recommendation. Mrs. DeClercq seconded the motion which carried. APPROVE HOLIDAY SCHEDULE FOR 1990 Ms. Katherine Humphreys, Director, Administration and Finance, recommended that the following holiday schedule for 1990 for all City employees, with the exception of sworn Police and Fire personnel, be approved by the Board. The schedule consists of ten (10) holidays and is as follows: New Year's Day Good Friday Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Day After Thanksgiving Christmas Day Monday, January 1, 1990 Friday, April 13, 1990 Monday, May 28, 1990 Wednesday, July 4, 1990 Monday, September 3, 1990 Monday, November 12, 1990 Thursday, November 22, 1990 Friday, November 23, 1990 Tuesday, December 25, 1990 In addition to the nine (9) designated holidays indicated above, employees may choose one (1) additional holiday from the holidays listed below: Martin Luther King, Jr., Birthday Monday, January 15, 1990 Lincoln's Birthday Monday, February 12, 1990 Washington's Birthday Monday, February 19, 1990 Columbus Day Monday, October 8, 1990 Employee's Birthday It is noted that it is the City's intent to have the individual departments coordinate the scheduling of the one (1) additional holiday. Upon a motion made by Ms. Humphreys, seconded by Mrs. DeClercq and carried, the above indicated holiday schedule for 1990 was approved. DENY PETITION FOR THE ESTABLISHMENT OF RESTRICTED RESIDENTIAL PARKING ZONES: - 500-700 BLOCK OF EAST EWING - 2300 BLOCK OF ERSKINE Mr. Leszczynski advised that the Petition for the establishment of restricted residential parking zones in the 500-700 block of East Ewing and the 2300 block of Erskine Boulevard, which was submitted to the Board on October 30, 1989, has been reviewed and it is being recommended at this time that the Petition be denied. Mr. Leszczynski noted that the study of the 500-700 block of Ewing Avenue indicated that there are eighty (80) 380 REGULAR MEETING DECEMBER 18, 1989 parking spaces available that were occupied only twenty-two per cent (22%) of the time. Ordinance requirements indicate that the spaces must be occupied at least seventy-five per cent ( 75 %) of the time. Also, of the eighty (80) spaces available, twenty-one per cent (21%) were occupied by non-residents. Ordinance requirements indicate that they must be occupied by non-residents at least twenty-five per cent (25%) of the time. Therefore, because ordinance requirements have not been met, it is recommended that this request be denied. Mrs. DeClercq made a motion that the recommendation to deny the request be accepted and approved. Mr. Leszczynski seconded the motion which carried. Additionally, a study of the 2300 block of Erskine Boulevard was conducted and it was noted that there are seventeen (17) parking spaces available in this area and that they were occupied only sixty per cent (60%) of the time. Ordinance requirements indicate that they must be occupied at least seventy-five per cent (75%) of the time. Also, of the seventeen (17) spaces available, forty-four per cent (44%) were occupied by non-residents. Ordinance requirements indicate that they must be occupied by non-residents at least twenty-five per cent (25%) of the time. In this instance ordinance requirements were met. However, both ordinance requirements must be met before a restricted residential parking zone can be established. Therefore, the request must be denied. Mrs. DeClercq made a motion that the recommendation to deny be accepted and 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 four (4) traffic control devices were approved: 1. NEW INSTALLATION: LOCATION: REMARKS: 2. NEW INSTALLATION: LOCATION: REMARKS: Stop Sign 30"' Stop Thornhill and Greenock "T" intersection Stop Sign 30" Stop Kintyre Drive and Greenock "T" intersection 3. REMOVAL OF: Handicap Parking Space LOCATION: 3917 Montgolfier (South Fellows) REMARKS: Removal requested by Mrs. Steven Maculski 4. REMOVAL: One hour parking REVISED TO: No Parking LOCATION: Service Court #5 (east side north one-half block) FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORT A report from the Department of Code Enforcement indicating a total of fifty-one (51) properties cleaned from December 6, 1989 to December 8, 1989 was submitted. Upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski and carried, the report as submitted was filed. r1 1 r REGULAR MEETING DECEMBER 18, 1989 331 APPROVE CLAIMS Chief Deputy Controller Joh Docket No. 18127 through Cl recommended approval. Upon seconded by Mrs. DeClercq approved and the report as n D. Leisenring, submitted Claim aim Docket No. 18658 and a motion made by Ms. Humphreys, and carried, the claims were submitted was 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 10:50 a.m. 1 ATTE T: 4L M OL� JSandra M. Parmerlee, Clerk 1 qqhn. eszcz f Patricia E. DeClercq Brine Humphreys' GTL] 1 1