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HomeMy WebLinkAbout05/06/85 Board of Public Works MinutesREGULAR MEETING MAY 6, 1985 The regular meeting of the Board of Public Works was convened at 9:37 a.m. on Monday, May 6, 1985, by President John E. Leszczynski, with Mr. Leszczynski, Ms. Katherine G. Barnard and Mr. Michael L. Vance present. Also present was Assistant City Attorney Carolyn V. Pfotenhauer. AGENDA ITEM ADDED Upon a motion made by Mr. Vance, seconded by Ms. Barnard and carried, a request to advertise for the receipt of bids for Police Department vehicles was added to the agenda. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the minutes of the April 29, 1985, regular meeting of the Board were approved. PUBLIC HEARING AND RECOMMENDATION - ALLEY VACATION: FIRST ALLEY EAST OF FRANCIS STREET RUNNING NORTH FROM CORBY STREET FOR A DISTANCE OF 205 FEET Mr. Leszczynski advised that this was the date set for the Board's Public Hearing on a proposed alley vacation described as the first alley east of Francis Street running north from Corby Street for a distance of 205 feet to the south line of the Vacation Resolution No. 2998 (all being Sorin's Second Addition to the town of Lowell, now within and a part of the City of South Bend). Said alley is in the block bounded by Francis Street, Howard Street, Eddy Street and Corby Street. 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 Goodwill Industries of Michiana, Inc. and Approved Safety & Security, Inc. It was further noted that pursuant to South Bend Municipal Code Section 18.53.8, owners whose property abut the proposed alley to be vacated were notified of the Board's Public Hearing date. Mr. Frederick C. Boynton, Attorney for Goodwill Industries, the Petitioner, was present and addressed the Board. Mr. Boynton advised that Mr. J. Larry Neff of Goodwill Industries was in attendance also. Mr. Boynton stated that the alley in question is a north -south alley from Corby which runs into the Goodwill parking lot. They would like this alley vacated to make additional off-street parking which is needed. There being no one else present wishing to speak either for or against the proposed alley vacation, and no written objections having been filed with the Board, upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the Public Hearing on this matter was closed. Mr. Leszczynski advised that favorable comments have been received from the Engineering Department, Area Plan Commission and the Community Development Department concerning this proposed alley vacation. Therefore, upon a motion made by Mr. Vance, seconded by Ms. Barnard and carried, the Clerk was instructed to forward to the Common Council a favorable recommendation on the above referred to alley vacation subject to any and all utility easements. ADOPTION OF RESOLUTION NO. 16-1985 - DISPOSAL OF OBSOLETE EQUIPMENT (POLICE DEPARTMENT) Mr. Leszczynski advised that in a letter to the Board Police Chief Charles T. Hurley indicated that the Police Department has one (1) 160 REGULAR MEETING MAY 6, 1985 Stoelting Deceptograph (polygraph) and one (1) chair which are no longer needed by the Department. Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the following Resolution was adopted: RESOLUTION NO. 16, 1985 WHEREAS, it has been determined by the Board of Public Works that the following equipment is no longer needed by the Police Department of the City of South Bend: One (1) Stoelting Deceptograph (polygraph) One (1) Chair WHEREAS, Indiana Code 36-1-11-6 permits the disposal of personal property no longer needed or obsolete. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that the above equipment is no longer needed by the City of South Bend. BE IT FURTHER RESOLVED that the Police Department of the City of South Bend be authorized to dispose of said equipment and remove same from the City Inventory. DATED this 6th day of May, 1985. BOARD OF PUBLIC WORKS s/John E. Leszczynski s/Katherine G. Barnard s/Michael L. Vance ATTEST: s/Maryrose Putz, Acting Clerk APPROVAL OF UTILITIES AGREEMENT - EDWARD ROSE OF INDIANA ANNEXATION Mr. Leszczynski advised that this annexation is on Inwood Road, east of St. Paul's Retirement Home. Ms. Pfotenhauer stated that this Agreement sets forth how the utilities will be handled. The City will provide Police and Fire protection. All costs of sewage and water main installation will be borne by the developer. Upon a motion made by Ms. Barnard, seconded by Mr. Vance and carried, the following Agreement was approved: PETITION FOR VOLUNTARY ANNEXATION AND ANNEXATION AGREEMENT This Agreement, made and entered into this 6th day of May, 1985, between the City of South Bend, an Indiana municipal corporation, hereinafter referred to as "Owner" and Edward Rose of Indiana, an Indiana limited partnership hereinafter referred to as "Developer". WHEREAS, the City, Owner and Developer desire to have certain real estate annexed and incorporated within the corporate limits of the City of South Bend, a municipal corporation, of the State of Indiana, which real estate is as described in Exhibit A attached hereto, incorporated herein and made a part hereof; and WHEREAS, the Owner is the record title holder of 100% of the real estate described in Exhibit A, which Developer intends to purchase from Owner; and WHEREAS, the real estate hereinabove described being presently situated in Penn Township, County of St. Joseph, State of Indiana is adjacent to and contiguous with the said City M REGULAR MEETING MAY 6, 1985 of South Bend along 73.8% of the boundary of said real estate, as shown on the map attached hereto, made apart hereof, incorporated herein and marked Exhibit B; and WHEREAS, the Developer is proposing the construction of a garden apartment complex on the above described real estate. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and agreements set forth herein, the parties hereto agree that this Petition for Annexation to the City of South Bend is expressly conditioned upon the Common Council of the City of South Bend adopting an annexation ordinance providing for the following: A. The Owner is the fee simple title holder of 100% of the land in the real estate described in Exhibit A attached hereto and does hereby petition the Common Council of the City of South Bend for voluntary annexation of and to bring within the boundaries of the City the real estate described herein. B. The City agrees that the Developer may connect to existing water mains of the City located along Inwood Road and Topsfield Road and may extend water mains from such connections to serve the development complex. Such main extensions shall be at the Developer's cost and shall be constructed according to published City standards. Should the City deem it advisable that any of such mains should be of a size in excess of that necessary to serve the development complex, the cost of such oversizing shall be paid for by the City. The City shall, if requested by the Developer, furnish engineering and design consultation to the Developer without cost. C. The City has existing storm water retention basins located in the immediate vicinity of Inwood and Ironwood Road. The Developer may construct a drainage system of drains and ponds as it deems necessary at its cost to provide storm water drainage for its property into said City owned retention basin and the City shall accept such drainage without charge to the Developer. D. The City agrees that the Developer may connect without cost, fee or special assessment to existing sewer mains of the City located along Inwood Road and Topsfield Road and may extend sewer mains from such connections to serve the development complex. Such sewer extensions shall be at the Developer's cost and shall be constructed according to published City standards. Should the City deem it advisable that any of such sewers should be of a size in excess of that necessary to serve the development complex, the cost of such oversizing shall be paid for by the City. The City shall, if requested by the Developer, furnish engineering and design consultation to the Developer without cost. E. It is understood and agreed by the parties hereto that there will be no charge to the Owner or Developer for connection of individual units or buildings to sanitary sewers, water mains and/or storm water outfalls. F. The City shall provide police protection to the annexed real estate as soon as any development is constructed and access roads into the real estate have been con- structed and opened. The City shall provide fire protection to the annexed real estate as soon as any 62 . REGULAR MEETING MAY 6. 1985 development is constructed, access roads have been constructed and opened and fire hydrants installed and rendered operative. G. The covenants herein shall bind and inure to the benefit of the executors, administrators, successors and assigns of the respective parties. INDIANA FRANKLIN REALTY, INC. By: s/R.C. Menge, Vice President ATTEST: s/Elio Bafile Assistant Secretary EDWARD ROSE OF INDIANA, an Indiana Limited Partnership By: s/Jerry R. Speedy ATTEST: s/Marjorie A. Young THE CITY OF SOUTH BEND, by its Board of Public Works s/John E. Leszczynski s/Katherine G. Barnard s/Michael L. Vance ATTEST: s/Maryrose Putz Acting Clerk ATTACHMENT TO PETITION FOR VOLUNTARY ANNEXATION AND ANNEXATION AGREEMENT DATED May 6, 1985 EXHIBIT A A parcel of land located in the SW 1/4 of Section 20, T 37N, R 3E, St. Joseph County, Indiana, more particularly described as follows: Beginning at the SE corner of the SW 1/4 of Section 20, T 37N, R 3E of the Second Principal Meridian; thence S 89o37107"W along the present city limits a distance of 1200.00 feet; thence N OOo04128"E along the present city limits a distance of 899.16 feet; thence East along the present city limits a distance of 61.31 feet; thence North along the present city limits a distance of 435.60 feet; thence East along the present city limits a distance of 1140.38 feet; thence S OOo04128"W a distance of 1326.77 feet to the Point of Beginning, containing 36.07 acres more or less. APPROVE PROJECT COMPLETION AFFIDAVIT - WASHINGTON STREET TWO-WAY PROJECT Mr. Leszczynski advised that Delta Star Electric, Inc. has submitted a Project Completion Affidavit indicating a final cost of $29,423.46 for the above referred to project. He further advised that Change Order No. 1, approved by the Board on January 14, 1985, increased by $3,997.46 the original contract amount of $25,426.00 making the new contract sum $29,423.46. Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the above Project Completion Affidavit was approved and the appropriate three-year Maintenance Bond was filed. REGULAR MEETING MAY 6, 1985 APPROVE REI T OF MADISON HOME SCHOOL ASSOCIATION TO CLOSE STREET FOR ICE CREAM SOCIAL (MAY 17, 1985) In a letter to the Board, Ms. Linda K. Torester, Secretary, Madison Home and School Association, requested that Park Lane be closed between Lafayette and South Main Streets on Friday, May 17, 1985, between the hours of 5:30 p.m. to 8:00 p.m. as Madison School will be conducting an Ice Cream Social and would like the street closed to insure the safety of the children. Upon a motion made by Mr. Leszczynski seconded by Ms. Barnard and carried, the above request was approved, subject to favorable recommendations from the Bureau of Traffic and Lighting and the Police Department Traffic Division. APPROVE REQUEST OF THE AMERICAN LEGION TO CONDUCT POPPY DAY SALES (MAY 17 & 18, 1985) In a letter to the Board, Mrs. Dixielee Clark, Chaplain of the American Legion Auxiliary Unit 303, 725 34th Street, South Bend, Indiana, requested permission to hold their Annual Poppy Day Sales on the sidewalks throughout the City of South Bend on Friday and Saturday, May 17 & 18, 1985. Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the above request was approved, subject to favorable recommendations from the Bureau of Traffic and Lighting and the Police Department Traffic Division for review and recommendation. APPROVE REi ST TO ADVERTISE FOR RECEIPT OF BIDS - ONE (1) PAVEMENT SEALING MACHINE (STREET DEPARTMENT) Mr. Leszczyn of bids for Department. Ms. Barnard ski requested permission to advertise for the receipt one (1) Pavement Sealing Machine for the Street Upon a motion made by Mr. Leszczynski, seconded by and carried, the above request was approved. APPROVE REQUEST TO ADVERTISE FOR RECEIPT OF BIDS - POLICE DEPARTMENT DETECTIVE BUREAU VEHICLES Mr. Vance requested permission to advertise for the receipt of bids for ten (10) or more vehicles (new or used) for the Police Department Detective Bureau. He stated that the current fleet has been in use since 1980 and this is an attempt to replace about one third (1/3) of that fleet. Upon a motion made by Mr. Vance, seconded by Ms. Barnard and carried, the above request was approved. FILING OF NEW TAXICAB RATES - ROSELAND CAB COMPANY Mr. Leszczynski advised that pursuant to Municipal Code taxicab licensing requirements, Mr. Roger D. Woods, Roseland Cab Company/ Airport Limo I, has submitted to the Board for filing new taxicab rates to be effective May 1, 1985 as follows: In -city rate $ 1.50 flag drop 1.00 per mile 12.00 per hour waiting time 1.00 per extra passenger charge Out-of-town rate $ 1.50 flag drop 1.00 per mile 12.00 per hour waiting time 1.00 per extra passenger charge The extra passenger charge is for passengers going to or from the airport, bus, or train. The extra is not charged to regular taxi fares where there isn't any luggage to handle. Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the above rates were accepted for filing as submitted. REGULAR MEETING MAY 6, 1985 APPROVE REQUEST OF MAURICE MATTHY'S LITTLE LEAGUE TO CONDUCT PARADE (MAY 18, 1985) Mr. Leszczynski advised that Mr. Joseph J. Pluta, director, Division of Engineering and Captain Edward Friend, South Bend Police Department Traffic Division, have reviewed the request of the Maurice Matthy's Little League submitted to the Board on April 29, 1985 and recommended approval. Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the above recommendation was accepted and the request approved. APPROVE REQUEST OF AMERICAN LEGION PULASKI POST #357 TO CONDUCT POPPY DAY SALES (MAY 17 & 18, 1985) Mr. Leszczynski advised that Mr. Joseph J. Pluta, Director, Division of Engineering and Captain Edward Friend, South Bend Police Department Traffic Division, have reviewed the request of the American Legion Pulaski Post #357, submitted to the Board on April 29, 1985, to have Poppy Day Sales on the public sidewalks and recommended approval. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the above recommendation was accepted and the request was approved. APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the following eight (8) traffic control devices were approved: 1. REVISE TO 2-HOUR PARKING 6A - 6P - 500 S. Michigan, South 1/2 block, west side and North 1/2 block, east side. 2. REVISE TO 2-HOUR PARKING 6A - 6P - 400 South Main, East side, North 1/2 block. 3. REVISE TO 2-HOUR PARKING 6A - 6P - 125 S. Niles (East Bank Development) 4. REVISE TO 2-HOUR PARKING 6A - 6P - 122 S. Niles. (Troeger Sheet Metal) 5. REVISE TO 2-HOUR PARKING 6A - 6P - East side and West side of 100 N. Niles. 6. REVISE TO 1-HOUR HANDICAP - 227 S. Main. (Requested by Holladay Corporation) 7. REVISE TO TRUCKS OVER 26,000 G.V.W. PROHIBITED - 100 W. Ewing to 2000 W. Ewing. 8. REVISE TO TRUCKS OVER 26,000 G.V.W. PROHIBITED - 2400 - 3100 W. Calvert. APPROVE TITLE SHEET - CHAPIN STREET CURB AND WALK IMPROVEMENTS DUACP TT Mr. Leszczynski advised that the Title Sheet for the above referred to project was being presented at this time for execution. Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the above referred to Title Sheet was approved and signed. APPROVE CONTRACTOR'S BOND Mr. Melvin Humphrey, Engineering Department, recommended that the Contractor's Bond for Evelyn M. Jordan d/b/a Jordan Construction Company be released effective May 13, 1985. Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the above Contractor's Bond was released. REGULAR MEETING MAY 6, 1985 APPROVE LICENSE APPLICATIONS - RUBBISH AND GARBAGE Mr. Leszczynski advised that the following two (2) Rubbish and Garbage license applications have been received: 1. Grayson R. Wallen, Jr. 1505 N. College, S.B. 2. Village Snowden 822 N. Jacob St., S.B. It was noted that inspections of the trucks to be used had been conducted by the Solid Waste Bureau and all applicants were found to be in compliance. Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the above license applications were approved and referred to the Deputy Controller's office for issuance. APPROVE HANDICAPPED PARKING PERMITS Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the following three (3) handicapped parking permit applications were approved and referred to the Deputy Controller's office for issuance of permits: 1. August Van DeHeyden, 1847 E. Stonehedge, S.B. 2. U. Fay Gillett, 122 E. Farneman, S.B. 3. Thelma L. Paskell, 1110 Chalfant, S.B. FILING OF CERTIFICATE OF INSURANCE Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the revised Certificate of Insurance for Gratzol & Nicodemus Roofing and Sheet Metal, Inc., was accepted and filed. FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORT A report from the Department of Code Enforcement indicating a total of one hundred forty-two (142) properties cleaned from April 29, 1985 to May 3, 1985 was submitted. Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the report as submitted was filed. FILING OF STREET LIGHT OUTAGE REPORT The report submitted to the Board indicated a total of One hundred fifty-two (152) street light outages reported during the month of April. Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the report as submitted was filed. APPROVE CLAIMS Mr. George Hill, Deputy Director, St. Joseph County Job Training Program submitted a list containing sixty-three (63) claims and recommended approval. Additionally, Deputy City Controller Carol M. Sanders submitted Claim Docket No. 9913 through Claim Docket No. 10232 and recommended approval. Upon a motion made by Mr. Vance, seconded by Ms. Barnard and carried, the claims were approved and the reports as submitted were filed. a �' REGULAR MEETING MAY 6, 1985 ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the meeting adjourned at 9:55 a.m. J n E. Leszcz n k )i K.- -0 Katherine G. Barnard Michael L. ance ATTEST: Maryrose utz, Actin C erk