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HomeMy WebLinkAbout01/24/2005 Board of Public Works Minutes013 PUBLIC AGENDA SESSION JANUARY 20, 2005 The Public Agenda Session of the Board of Public Works was convened at 8:03 a.m. on Thursday, January 20, 2005, by Board Member Donald E. Inks, with Mr. Carl P. Littrell present. President Gary A. Gilot was not present. Also present was board Attorney Thomas Bodnar. Board of Public Works Clerk Angela Jacob presented the Board with a proposed agenda of items presented by the public and by City Staff. Board members discussed the following item(s) from that list. - Proposals — Professional Engineering Services - Bid Specifications/Remediation Work for Areas A and C; Environmental Sampling at Oliver Site; Oversee Contractor Work at Areas A and C — Hull and Associates, Inc. Mr. Andy Laurent, Community and Economic Development, stated these proposals will create bid specifications for EPA Cleanup Grant in two areas, along with overseeing the work, as well as environmental sampling at the Oliver site. - Significant Non -Compliance — Nimet Industries Mr. Manuel Bueno, Environmental Services, stated that Nimet Industries violated their permit twice by exceeding the categorical limits of discharge. They have taken corrective action. This information is advertised in the local newspaper, as well as those who have met the criteria. - Agreement — Development of Population Projections — Indiana Business Research Center Mr. Larry Magliozzi, Community and Economic Development, stated this Agreement will look at different approaches to census estimates in South Bend using a methodology for more realistic information from the local area. - Resolution 3-2005 — Fiscal Plan/Policy — Kizer Annexation Mr. Larry Magliozzi, Community and Economic Development, stated this is a voluntary annexation on Portage Road north of the TCU branch. This lot will be combined with another lot for commercial development. - Resolution No. 4-2005 — Fiscal Plan/Policy — Elliott Annexation Area Mr. Larry Magliozzi, Community and Economic Development, stated this is a voluntary annexation for office space and businesses. APPROVAL OF RECOMMENDATION — TO CONDUCT RIGHT TO LIFE MARCH — KNIGHTS OF COLUMBUS Mr. Gilot stated that favorable recommendations have been received by Traffic and Lighting, Park Department, Police Department and the City Attorney's office, in reference to a request as submitted by Mr. Kevin Large, Knights of Columbus, 553 East Washington, South Bend, Indiana, to conduct the above referred to march on January 23, 2005, from 2:00 p.m. to 2:45 p.m. on the designated route as submitted. Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the recommendation was approved. The Clerk was instructed to post the agenda and notify the media and other Persons who have requested notice of the meeting agenda. No other business came before the Board. The meeting adjourned at 8:50 a.m. BOARD OF PUBLIC WORKS Gary AA Gilot, President z a e��00 L Carl P. Littrell, Member Donald E. Inks, Member T T: Angela K cob, Cler 1 REGULAR MEETING JANUARY 24, 2005 The regular meeting of the Board of Public Works was convened at 9:35 a.m. on Monday, January 24, 2005, by Board President Gary A. Gilot, with Mr. Carl P. Littrell and Mr. Donald E. Inks present. Also present was board Attorney Thomas Bodnar. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Gilot, seconded by Mr. Littrell, and carried, the minutes of the public agenda session and the regular meeting of the Board held on January 6 and January 10, 2005, were approved. OPENING OF BIDS- DRAINAGE CULVERT AT IRELAND ROAD — PROJECT NO. 102-051 (SEWER BOND) 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: NIBLOCK EXCAVATING INC Post Office Box 211 Bristol, Indiana 46507 Bid was signed by: Mr. Gary Niblock Non -Collusion Affidavit was in order Non -Discrimination commitment form was completed Five percent (5%) Bid Bond was submitted BID: $125,415.00 R&R EXCAVATING, INC. 2010 Went Avenue Mishawaka, Indiana 46545 Bid was signed by: Mr. William Loudin Non -Collusion Affidavit was in order Non -Discrimination commitment form was completed Five percent (5%) Bid Bond was submitted BID: $143,983.40 HERRMAN & GOETZ INC. D/B/A UNDERGROUND SERVICES 225 South Lafayette Boulevard South Bend, Indiana 46601 Bid was signed by: Mr. Thomas Herrman Non -Collusion Affidavit was in order Non -Discrimination commitment form was completed Five percent (5%) Bid Bond was submitted BID: $108,888.88 NORTHERN INDIANA CONSTRUCTION COMPANY INC. Post Office Box 1333 Mishawaka, Indiana 46546 Bid was signed by: Mr. David Walorski Non -Collusion Affidavit was in order Non -Discrimination commitment form was completed Five percent (5%) Bid Bond was submitted BID: $108,516.50 REGULAR MEETING JANUARY 24, 2005 H & G UNDERGROUND UTILITIES 1355 East State Road 2 LaPorte, Indiana 46350 Bid was signed by: Mr. Hesham Khalil Non -Collusion Affidavit was in order Non -Discrimination commitment form was completed Five percent (5%) Bid Bond was submitted BID: $103,849.31 HRP CONSTRUCTION, INC. 5777 Cleveland Road Post Office Box 266 South Bend, Indiana 46624-0266 Bid was signed by: Mr. Paul Fallon Non -Collusion Affidavit was in order Non -Discrimination commitment form was completed Five percent (5%) Bid Bond was submitted BID: $115,872.00 RIETH-RILEY CONSTRUCTION COMPANY INC. Post Office Box 1775 25200 State Road 23 South Bend, Indiana 46634 Bid was signed by: Mr. David Dudash Non -Collusion Affidavit was in order Non -Discrimination commitment form was completed Five percent (5%) Bid Bond was submitted BID: $89,998.00 G.E. MARSHALL INC. 1351 Joliet Road Post Office Box 242 Valparaiso, Indiana 46384 Bid was signed by: Mr. Frank Marshall Non -Collusion Affidavit was in order Non -Discrimination commitment form was completed Five percent (5%) Bid Bond was submitted BID: $119,352.45 BROOKS CONSTRUCTION COMPANY, INC. 625 South Beiger Street Mishawaka, Indiana 46544 Bid was signed by: Mr. William Stevens Non -Collusion Affidavit was in order Non -Discrimination commitment form was completed Five percent (5%) Bid Bond was submitted BID: $94,917.90 YOUNGS EXCAVATING, INC. 3 16 REGULAR MEETING JANUARY 24, 2005 Post Office Box 2766 South Bend, Indiana 46680 Bid was signed by: Mr. Kurt Youngs Non -Collusion Affidavit was in order Non -Discrimination commitment form was completed Five percent (5%) Bid Bond was NOT submitted . BID: $111,588.00 INDIANA EARTH, INC. 10343 McKinley Highway Osceola, Indiana 46561 Bid was signed by: Mr. Michael Mayse Non -Collusion Affidavit was in order Non -Discrimination commitment form was completed Five percent (5%) Bid Bond was submitted BID: $113,304.00 C&E_ EXCAVATING, INC. 53767 County Road 9 North Elkhart, Indiana 46514 Bid was signed by: Mr. Thand Bessinger Non -Collusion Affidavit was in order Non -Discrimination commitment form was completed Five percent (5%) Bid Bond was submitted BID: $85,942.50 THOMAS EXCAVATING & WELDING INC. Post Office Box 112 Culver, Indiana 46511 Bid was signed by: Ms. Dawn Dickey -Thomas Non -Collusion Affidavit was in order Non -Discrimination commitment form was completed Five percent (5%) Bid Bond was submitted BID: $138,805.50 Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the Board accepted the Bid of Youngs Excavating, subject to the submittal of a Bid Bond by the end of day January 24, 2005. Upon a motion made by Mr. Littrell, seconded by Mr. Inks, and carried, the above bids were referred to the Division of Engineering for review and recommendation. OPENING OF BIDS — HOTEL LASALLE VAULT FILL — PROJECT NO. 104-065 (DOWNTOWN TIF) 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: NORTHERN INDIANA CONSTRUCTION COMPANY INC. Post Office Box 1333 Mishawka, Indiana 46546 BASE BID: $153,855.00 1 11 REGULAR MEETING JANUARY 24, 2005 0 017 1 Alternate No. Description Amount Alternate 1 — Demolition Removal of asbestos containing abandoned $79,300.00 Items 17 boilers in boiler room. Disposal of these items at a location approved by City of South Bend prior to start of demolition Alternate 2 — Demolition Removal of asbestos containing hot water $14,800.00 Items 18 tanks and abandoned water heater in hot water tank room. The in-service water heaters are not to be removed. Disposal of these items at a location approved by the City of South Bend prior to start of demolition Alternate 3 — Demolition Removal of asbestos containing piping and $5,225.00 Items 19 ducts in boiler room and hot water tank room. Disposal of these items at a location approved by the City of South Bend prior to start of demolition. Total of Alternates $99,325.00 TOTAL BID: $253,180.00 KASER SPRAKER CONSTRUCTION, INC. 25487 West State Road 2 South Bend, Indiana 46619 BASE BID: $144,100.00 Alternate No. Description Amount Alternate 1 — Demolition Removal of asbestos containing abandoned $52,850.00 Items 17 boilers in boiler room. Disposal of these items at a location approved by City of South Bend prior to start of demolition Alternate 2 — Demolition Removal of asbestos containing hot water $13,000.00 Items 18 tanks and abandoned water heater in hot water tank room. The in-service water heaters are not to be removed. Disposal of these items at a location approved by the City of South Bend prior to start of demolition Alternate 3 — Demolition Removal of asbestos containing piping and $27,000.00 Items 19 ducts in boiler room and hot water tank room. Disposal of these items at a location approved by the City of South Bend prior to start of demolition. Total of Alternates $92,850.00 TOTAL BID: $236.950.00 Upon a motion made by Mr. Littrell, seconded by Mr. Inks, and carried, the above bids were referred to the Division of Engineering for review and recommendation. AWARD BIDS — SALE OF ABANDONED VEHICLES Mr. Gary Libbey, Code Enforcement, advised the board that on January 10, 2005, bids were received and opened for the above referred to vehicles. After reviewing those bids, Mr. Libbey recommends that the Board award the bids to the highest bidders as follows: STEVE AND GENE'S AUTO TRUCK SALVAGE LLC 3109 Gertrude Street South Bend, Indiana 46614 0 � REGULAR MEETING JANUARY 24, 2005 VEHICLE MAKE/MODEL YEAR BID AMOUNT BROWN FORD THUNDERBIRD 1971 $150.90 GRAY FORD TAURUS 1991 $65.90 BROWN FORD LTD 1986 $65.90 PURPLE FORD TAURUS 1993 $65.90 GREEN/SILVER FORD RANGER PICK-UP 1986 $65.90 BURGUNDY CADILLAC FLEETWOOD 1985 $85.99 BLACK CADILLAC SEDAN DEVILLE 19 00 $85.99 BLACK CHEVROLET BLAZER 1984 $85.99 WHITE CADILLAC COUPE DE VILLE 1973 $85.99 BLUE MERCURY TRACER 1991 $65.00 1'0'1'AL $823.46 INDIANA AUTO PARTS 3300 South Main South Bend, Indiana 46614 VEHICLE MAKE/MODEL YEAR BID AMOUNT YELLOW FIAT X1-9 1980 $35.60 BLACK MAZDA MX-6 1993 $186.60 GRAY FORD F-150 PICK-UP 1978 $76.60 BLACK PONTIAC BONNEVILLE 9990 $76.60 GREEN FORD THUNDERBIRD 1995 $185.60 WHITE FORD F700 1990 $576.60 1'MAL $1,137.60 DAVID FODROCI Post Office Box 10086 South Bend, Indiana 46680 VEHICLE MAKE/MODEL YEAR BID AMOUNT GRAY BMW 325ES 1986 $125.00 WHITE/BLUE FORD ECONOLINE 1982 $120.00 WHITE SATURN 2-DOOR 1993 $120.00 I W AL $365.00 MR. GREG ETTL Post Office Box 2384 South Bend, Indiana 46660 VEHICLE MAKE/MODEL YEAR BID AMOUNT RED PONTIAC TRANS AM 1995 $444.44 BLACK TOYOTA PICKUP 1991 $255.55 TOTAL $699.99 JOE CLEMONS 8169 Oak Avenue Walkerton, Indiana 46574 VEHICLE MAKE/MODEL YEAR BID AMOUNT GREEN CHEVROLET S 10 PICKUP 1987 $96.00 TOTAL $96.00 JOHN OXIAN 1 1 REGULAR MEETING JANUARY 24, 20055019 I 1 1533 Lincolnway West South Bend, Indiana 46628 VEHICLE MAKE/MODEL YEAR BID AMOUNT RED/WHITE FORD F150 1991 $350.00 TOTAL $350.00 MR. RICHARD HEIM D/B/A/ RITE NOW P/U AND DEL 4995 U.S. Highway 12 West Buchanan, Michigan VEHICLE MAKE/MODEL YEAR BID AMOUNT WHITE CHEVROLET 3500 PICKUP 1998 $101.50 BLUE OLDSMOBILE CUTLASS 1992 $76.50 TOTAL $178.00 Therefore, Mr. Inks made a motion that the recommendation be accepted and the bids be awarded as outlined above. Mr. Littrell seconded the motion, which carried. APPROVE REQUEST TO ADVERTISE FOR RECEIPT OF BIDS — SALE OF ABANDONED VEHICLES Ms. Kathy Eli, Department of Code Enforcement, requested permission to advertise for the sale of approximately twenty (20) 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 Mr. Gilot, seconded by Mr. Littrell and carried, the above request was approved. APPROVAL OF REQUEST TO ADVERTISE FOR PRE -QUALIFICATION APPLICATIONS FOR PROJECT — STUDEBAKER AREA "A" DEMOLITION — PHASE I — PROJECT NO. 104-030 (COIT) Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the request was approved. APPROVE CHANGE ORDER — PEPPERS AND IRONWOOD NORTH SANITARY SEWER EXTENSION — RIETH RILEY CONSTRUCTION — PROJECT NO 101-012 (SEWER BOND) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 1 on behalf of Rieth Riley Construction, Post Office Box 1775, South Bend, Indiana, indicating that the Contract amount be increased $14,196.56 for a new Contract sum including this Change Order in the amount of $149,011.31. Upon a motion made by Mr. Gilot, seconded by Mr. Littrell, and carried, the Change Order was approved. APPROVE CERTIFICATE OF COMPLETION — OLIVER PLOW WORKS DEMOLITION — PHASE IV — WARNER AND SONS INC. — PROJECT NO. 100- 092D (COIT/SEDA/TIF) Mr. Gilot advised that Mr. Darrell Baker, Engineering, has submitted a Certificate of Completion on behalf of Warner and Sons, Inc, for the above referred to project, indicating a final cost of $197,757.60. Upon a motion made by Mr. Littrell, seconded by Mr. Inks, and carried, the Certificate of Completion was approved. AGREEMENTS/PROPOSALS/CONTRACTS Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the following Contracts/Agreements/Proposals were approved: TYPE DESCRIPTION BUSINESS AMOUNT Construction Mishawaka Avenue Streetscape — Trans Tech Electric $108,003.00 Contract Ironwood Drive to 25 h Street Construction 14 Floor Renovations Kaser Spraker $20,950.00 Contract Construction '- , C J 1_� 0REGULAR MEETING JANUARY 24 2005 TYPE DESCRIPTION BUSINESS AMOUNT Proposal Professional Services Study — DLZ Indiana $43,100.00 North Michigan Street Sewer and Lift Station Evaluation Proposal Professional Services — Survey Wightman Petrie, $72,330.00 and Civil Design — Harter Heights Inc. Storm Drainage Improvements Agreement General Operations — Minority Urban Enterprise $6,250.00 and Women Business Association Development Agreement Administrative and Service Costs NIWIB — $52,000.00 Related to Training and Placement Workforce of Individuals in Jobs Diversity Initiative Construction Bendix and Lincolnway Kankakee Valley $350,000.00 Contract Intersection Improvements Construction Proposal Professional Engineering Services Hull & Associates $9,820.00 — Bid Specifications and Remediation Work Plan for EPA Cleanup Grant — Area C Proposal Professional Engineering Services Hull & Associates $9,820.00 — Bid Specifications and Remediation Work Plan for EPA Cleanup Grant — Area A Proposal Professional Engineering Services Hull & Associates $37,488.00 — Environmental Sampling for Groundwater Cleanup at the Oliver Site Proposal Professional Engineering Services Hull & Associates $35,256.00 — Environmental Sampling for VRP Closure at the Oliver Site — Disposition Lots Proposal Oversee Contractor Work on EPA Hull & Associates $7,100.00 Cleanup Grant — Area C Proposal Oversee Contractor Work on EPA Hull & Associates $7,100.00 Cleanup Grant — Area A Services Design/Relocation of Bartlett DLZ Indiana $231,150.00 Agreement Street Letter Government Relation Services B&D Sagamore $60,000.00 Agreement Agreement Development of Population Indiana Business $2,500.00 Projects for City Plan in Five Year Research Center Increments Consulting Transition until New Hire for Job George Zana $50.00/Hour; Agreement Position Not to Exceed 60 hours Proposal Survey/Design of Clyde Creek American $26,880.00 Donald/Fox Street Sewer Consulting, Inc. Separation Subordination Refinancing of Loan 229 East Broadway Agreement Subordination Revision to Policy Agreement Policy ACKNOWLEDGMENT OF REQUEST TO DEMONSTRATE In a letter to Board, Mr. Brett Keiling, 10130 Anderson Road, Granger, Indiana, informed the Board he would be picketing the American Federation of Musicians at Lincolnway and Michigan 1 1 tfi REGULAR MEETING JANUARY 24, 2005 Street on Tuesday and Friday afternoons from 1:00 p.m. to 5:00 p.m. The Board acknowledged the request, and reminded Mr. Keiling not to prohibit vehicular or pedestrian traffic. APPROVE LETTER OF CREDIT/ACCEPT STREETS INTO INVENTORY Mr. Tony Molnar, Division of Engineering, submitted the following Letter of Credit to the Board and recommended approval. In addition, several streets were added into the City of South Bend's inventory, as submitted. IRREVOCABLE STANDBY LETTER OF CREDIT NO. 405017 ISSUED BY: St. Joseph Capital Bank FOR: Oakwood Villas, Section II AMOUNT: $18,373.00 EXPIRES: February 1, 2008 IMPROVEMENT: Used as Maintenance Bond for Completion of Subdivision Mr. Gilot made a motion that the Letter of Credit, as outlined above, be approved. Mr. Littrell seconded the motion, which carried. APPROVAL OF RECOMMENDATION — TO CONDUCT 9TH ANNUAL RIVERSIDE RACE — SOUTH BEND PARK DEPARTMENT Mr. Gilot stated that favorable recommendations have been received by Traffic and Lighting, Park Department, Police Department and the City Attorney's office, in reference to a request as submitted by Ms. Susan O'Connor, South Bend Park Department, to conduct the above referred to race on July 2, 2005, from 7:45 a.m. to 9:00 a.m. on the designated route as submitted. Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the recommendation was approved. PETITION TO VACATE AN ALLEY — NEAR LAFAYETTE AND NAVARRE Mr. Gilot indicated that Mr. and Mrs. Aaron Hinds, 621 North Lafayette, South Bend, Indiana, has submitted a request to vacate the above referred to alley. Mr. Gilot advised that the Board is in receipt of recommendations concerning this Vacation Petition from the Area Plan Commission, Police Department, Fire Department, Sanitation, Department of Economic Development and the Department of Public Works. Engineering stated this vacation would create a very long "dead end" alley. There is not alley dedication fully to Lamonte Terrace. This will seriously impair the development and enjoyment of adjacent properties and hinder access to them. Therefore, Mr. Gilot made a motion that the Clerk send a letter to the petitioner addressing these concerns. Mr. Inks seconded the motion which carried. APPROVE CONSENT TO ANNEXATION AND WAIVER OF RIGHTS TO REMONSTRATE Mr. Gilot stated that the Board is in receipt of a Consent to Annexation and Waiver of Right to remonstrate as submitted by Mr. Dale Devon, 17847 State Road 23, South Bend, Indiana. The Consent indicates that in consideration for permission to tap into public sanitary water system of the City, to provide sanitary water service to 17847 State Road 23, South Bend, Indiana, (Key #02-2075-3494 ), Mr. Devon waives and releases any and all right to remonstrate against or oppose any pending or future annexation of the property by the City of South Bend. Therefore, Mr. Inks made a motion that the Consent be approved. Mr. Littrell seconded the motion, which carried. ADOPT RESOLUTION NO. 2-2005 — DISPOSAL OF CITY -OWNED PROPERTY Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the following Resolution was adopted by the Board of Public Works. .3022 REGULAR MEETING JANUARY 24, 2005 RESOLUTION NO. 2-2005 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND/OR OBSOLETE PROPERTY WHEREAS, it has been determined by the Board of Public Works that the following property is unfit for the purpose for which it was intended and is no longer needed by the City of South Bend: TWENTY-SEVEN (27) LIGHT POLES WHEREAS, Indiana Code 5-22-22-1 permits and establishes procedure for disposal of personal property which is unfit for the purpose for which it was intended and which is no longer needed by the City. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that the items are no longer needed by the City; are unfit for the purpose for which they were intended and have an estimated value of less than one thousand dollars ($1,000.00). BE IT FURTHER RESOLVED, that said items may be transferred or sold at public auction or private sale, without advertising. However, if the property is deemed worthless, such may be demolished or junked. ADOPTED this 24t' day of January 2005. BOARD OF PUBLIC WORKS CITY OF SOUTH BEND, INDIANA s/Gary A. Gilot, President s/Carl P. Littrell, Member ATTEST: s/Donald E. Inks, Member s/Angela K. Jacob, Clerk ADOPT RESOLUTION NO. 3-2005 — ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN GERMAN TOWNSHIP (DFZ PORTAGE PROPERTIES ANNEXATION AREA) Upon a motion made by, seconded by and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 3-2005 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN GERMAN TOWNSHIP (GREGORY A. KIZER & MARYLOU KIZER ANNEXATION AREA) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by the sole (100%) property owner which proposes the annexation of real estate located in German Township, St. Joseph County, Indiana, which is described more particularly in Section I of this Resolution; and WHEREAS, the territory proposed to be annexed encompasses approximately 3.2 acres of land containing one single family home, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 94% contiguous, generally located on the west side of Portage Road, approximately 1,540 feet north of Bendix Drive. It is anticipated that the annexation area will be developed eventually for commercial uses, and it is proposed for rezoning within the City as "CB" (Community Business) upon incorporation into the City limits and Common Council approval. This REGULAR MEETING JANUARY 24, 2005 commercial use will require a basic level of municipal public services of a non -capital improvement nature, including street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, as well as services of a capital improvement nature, including street and road construction, street lighting, a sanitary sewer system, a water distribution system, and a storm water system and drainage plan; 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, street sweeping, flushing, and snow removal, and sewage collection, and other non -capital services normally provided within the corporate boundaries; and services of a capital improvement nature including street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system 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, regardless of similar topography, patterns of land use, and population density; (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 within the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees or 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. It is in the best interest of the City of South Bend and the area proposed to be annexed that the following described real property located in German Township, St. Joseph County, Indiana, be annexed to the City of South Bend: "Lot 1 of Kizer's Portage Road Minor Subdivision; including the entirety of the Portage Road Right -of -Way". 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, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation in a manner equivalent in standard and scope to services furnished by the City to other areas of the City regardless of similar topography, patterns of land utilization, and population density; and to furnish to said territory, services of a capital improvement nature such as street and road construction, a street light system, a sanitary sewer system, a water distribution system, a storm water system and drainage plan, 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 regardless of similar topography, patterns of land use, or population density. Section III. That the Board of Public Works shall and does hereby now establish and adopt the Fiscal Plan, attached hereto as Exhibit "A", and made a part hereof, for the furnishing of said services to the territory to be annexed, which provides, among other things, that existing water main lines and sewer main lines will be sufficient to service this area; that virtually all other capital improvements required to service the annexation area, including street lighting, street construction, and a street drainage plan will be planned, provided, and paid for by the developer subject to compliance with state and local law. Adopted the 24th day of January, 2005. REGULAR MEETING JANUARY 24, 2005 ATTEST: s/Angela K. Jacob, Clerk BOARD OF PUBLIC WORKS s/Gary A. Gilot, President s/Carl P. Littrell, Member s/Donald E. Inks, Member ADOPT RESOLUTION NO. 4-2005 — ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CENTRE TOWNSHIP (GREG & DONNA ELLIOTT ANNEXATION AREA) Upon a motion made by, seconded by and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO.4-2005 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CENTRE TOWNSHIP (GREG & DONNA ELLIOTT ANNEXATION AREA) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance which proposes the annexation of real estate located in Centre Township, St. Joseph County, Indiana, which is described more particularly at Table 2 on page 13 of Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the territory proposed to be annexed encompasses approximately 0.83 acres of land containing one vacant structure formerly used as a residence, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 75% contiguous, generally located on the west side of U.S. 31 South, approximately 860 feet south of Kern Road. This annexation territory is intended for business development and is proposed to be zoned "LB" (Local Business) upon incorporation into the City limits and approval by the Common Council. As a business area, this annexation territory will require a basic level of municipal public services of a non -capital improvement nature, including street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, as well as services of a capital improvement nature, including street and road construction, street lighting, a sanitary sewer system, a water distribution system and a storm water system and drainage system; 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, street sweeping, flushing, and snow removal, and sewage collection, and other non -capital services normally provided within the corporate boundaries; and services of a capital improvement nature including street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system 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, regardless of similar topography, patterns of land use, and population density; (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 within the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria; LJ 1 1 REGULAR MEETING JANUARY 24, 2005 and (6) the plan for hiring the employees or other governmental entities whose jobs will be eliminated by the proposed annexation. 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 the area proposed to be annexed that the real property located in Centre Township, St. Joseph County, Indiana, described more particularly at Table 2 on page 13 of Exhibit "A" (The Fiscal Plan) 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, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation in a manner equivalent in standard and scope to services furnished by the City to other areas of the City regardless of similar topography, patterns of land utilization, and population density; and to furnish to said territory, services of a capital improvement nature such as street and road construction, a street light system, a sanitary sewer system, a water distribution system, and a storm water system, 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 regardless of similar topography, patterns of land use, or population density. Section III. That the Board of Public Works shall and does hereby now establish and adopt the Fiscal Plan, attached hereto as Exhibit "A", and made a part hereof, for the furnishing of said services to the territory to be annexed, which provides, among other things, that the developer will extend the sewer network at its expense from the Hidden Valley (Creek) subdivision through the new annexation area; that an existing water main at the west side of U.S. 31 South has sufficient capacity to service the annexation area and that the cost for extension of that water main line to service the annexation area will be shared equally between the City and the developer; that the developer will plan, provide, and pay for construction of new public streets and installation of street lighting subject to compliance with state and local law; and that a drainage plan will be addressed through the subdivision process. Adopted the 24 h day of January 2005. BOARD OF PUBLIC WORKS CITY OF South BEND s/Gary A. Gilot, President s/Carl P. Littrell, Member s/Donald E. Inks, Member ATTEST: s/Angela K. Jacob, Clerk ADOPT RESOLUTION NO. 7-2005 — DISPOSAL OF CITY -OWNED PROPERTY Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 7- 2005 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND/OR OBSOLETE PROPERTY WHEREAS, it has been determined by the Board of Public Works that the following property is unfit for the purpose for which it was intended ar_d is no longer needed by the City of South Bend: ONE (1) FACTORY BELT TRANSMISSION p-. k ') 0 42 &EGULAR MEETING JANUARY 24, 2005 WHEREAS, Indiana Code 5-22-22-1 permits and establishes procedure for disposal of personal property which'is unfit for the purpose for which it was intended and which is no longer needed by the City. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that the item is no longer needed by the City; is unfit for the purpose for which it was intended and has an estimated value of less than one thousand dollars ($1,000.00). BE IT FURTHER RESOLVED, that said item may be transferred or sold at public auction or private sale, without advertising. However, if the property is deemed worthless, such may be demolished or junked. ADOPTED this 24t' day of January 2005. BOARD OF PUBLIC WORKS s/Gary A. Gilot, President s/Carl P. Littrell, Member ATTEST: s/Donald E. Inks, Member s/Angela K. Jacob, Clerk ADOPT RESOLUTION NO. 8-2005 — DISPOSAL OF CITY -OWNED PROPERTY Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 8- 2005 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND/OR OBSOLETE PROPERTY WHEREAS, it has been determined by the Board of Public Works that the following property is unfit for the purpose for which it was intended and is no longer needed by the City of South Bend: ONE (1) BENDIX DRYER WHEREAS, Indiana Code 5-22-22-1 permits and establishes procedure for disposal of personal property which is unfit for the purpose for which it was intended and which is no longer needed by the City. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that the item is no longer needed by the City; is unfit for the purpose for which it was intended and has an estimated value of less than one thousand dollars ($1,000.00). BE IT FURTHER RESOLVED, that said item may be transferred or sold at public auction or private sale, without advertising. However, if the property is deemed worthless, such may be demolished or junked. ADOPTED this 24" day of January 2005. BOARD OF PUBLIC WORKS s/Gary A. Gilot, President s/Carl P. Littrell, Member ATTEST: s/Donald E. Inks, Member s/Angela K. Jacob, Clerk ADOPT RESOLUTION NO. 9-2005 — DISPOSAL OF CITY -OWNED PROPERTY Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the following Resolution was adopted by the Board of Public Works: J 1 1 REGULAR MEETING JANUARY 24, 2005 1027 RESOLUTION NO. 9- 2005 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND/OR OBSOLETE PROPERTY WHEREAS, it has been determined by the Board of Public Works that the following property is unfit for the purpose for which it was intended and is no longer needed by the City of South Bend: ONE (1) BENDIX DRYER WHEREAS, Indiana Code 5-22-22-1 permits and establishes procedure for disposal of personal property which is unfit for the purpose for which it was intended and which is no longer needed by the City. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that the item is no longer needed by the City; is unfit for the purpose for which it was intended and has an estimated value of less than one thousand dollars ($1,000.00). BE IT FURTHER RESOLVED, that said item may be transferred or sold at public auction or private sale, without advertising. However, if the property is deemed worthless, such may be demolished or junked. ADOPTED this 24th day of January 2005. BOARD OF PUBLIC WORKS s/Gary A. Gilot, President s/Carl P. Littrell, Member s/Donald E. Inks, Member ATTEST: s/Angela K. Jacob, Clerk FILING OF QUARTERLY CONSTRUCTION REPORT — DIVISION OF ENGINEERING — OCTOBER THROUGH DECEMBER 2004 Mr. Toy Villa, Division of Engineering, submitted the Quarterly Construction Report for October through December 2004. This report depicts construction projects and their statuses for the period of October through December 2004. There being no further discussion, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the report was filed. APPROVAL OF SIGNIFICANT NON-COMPLIANCE — NIMET INDUSTRIES Mr. Manual Bueno, Environmental Services, stated that Nimet Industries has had two (2) violations of non-compliance, which will be noted in the local newspaper, as well as notations of those who have met the criteria. APPROVE OCCUPANCY BOND Mr. Anthony Molnar, Engineer, Division of Engineering, recommended that the following Occupancy Bond be approved as follows: OCCUPANCY BOND Portage Construction $10,000.00 — Approved Effective January 24, 2005 Mr. Gilot made a motion that the recommendation be accepted and that the Bond be approved as outlined above. Mr. Inks seconded the motion, which carried. APPROVE CLAIMS Mr. Gilot stated that he following claims were submitted to the board for approval: REGULAR MEETING JANUARY 24, 2005 Name Amount of Date Claim City of South Bend $3,178,515.12 January 17, 2005 City of South Bend $2,470,337.70 January 24, 2005 St. Joseph County Housing $79.92 December 29, 2004 Consortium St. Joseph County Housing $99.04 December 29, 2004 Consortium St. Joseph County Housing $29.91 December 29, 2004 Consortium St. Joseph County Housing $2,101.57 December 29, 2004 Consortium St. Joseph County Housing $41.42 December 29, 2004 Consortium St. Joseph County Housing $1,161.08 December 29, 2004 Consortium Mr. Gilot made a motion that the claims be approved and the reports as submitted be filed. Mr. Inks seconded the motion, which carried. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the meeting adjourned at 10:17 a.m. BOARD OF PUBLIC WORKS Gary A. Gilot, President �z ez�iw Carl P. Littrell, Member Donald E. Inks, Member ATTEST: R/ 11/V � Angela K. J ob, Clerk