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HomeMy WebLinkAbout09/22/03 Board of Public Works MinutesAGENDA SESSION SEPTEMBER 18, 2003 The Public Agenda Session of the Board of Public Works was convened at 8:05 a.m. on Thursday, September 18, 2003, by Board President Gary A. Gilot, with Mr. Carl P. Littrell and Mr. Donald E. Inks present. Attorney Thomas Bodnar was not present. Attorney John Livingston was present. Board of Public Works Clerk Angela Jacob presented the Board with a proposed agenda of items presented by the public and by City staff. Agenda Item Added - Grant Agreement - Urban Enterprise Zone Board members discussed the following item(s) from that list. - Cleveland Road Wellfield Expansion Needs Assessment Mr. John Wiltrout and Mr. John Stancati, Water Works, and Mr. Mark Nye, DLZ Indiana, stated the Water Works has a need for the purchase of property for the Cleveland Road Wellfield, due to an increase in water demand. This property has been offered for sale for $30,000 per acre, and is a five (5) acre parcel. Mr. Wiltrout stated the demand for water requires the expansion; findings also show a loss of static level. Testing will be performed in this area. The Board also discussed the location of the parcel. - Contract Addendum - Master Planning - South Side Development - Lehman & Lehman Mr. Bill Schalliol, Community & Economic Development, stated this Addendum is for planning along Miami, Michigan and Ireland, as well as the Erskine Golf Course, and includes concepts and cost estimates. - Proposal - Elevator Maintenance and Phone Monitoring for Parking Garages - Kone, Inc. Mr. Tim Williams, Community & Economic Development, stated that this Agreement will employ Kone, Inc. to maintain the elevators in three parking garages as well as provide telephone monitoring in the elevator cabs. Their proposal of $1,781.00 per month is less than currently being aid to Otis Elevator and Schindler Elevator. John Livingston noted objections to the form of the Agreement, and stated he would re -write it. - Service Maintenance Agreement - Telephone Sets - SBC Ameritech Mr. Shawn Delahanty, Information Technologies, stated this Agreement was for a period of one (1) year, which will coincide with the expiration of the Centrex Agreement. The Board suggested that other options for telephone sets be investigated for the best cost-effective f. system. APPROVAL OF RECOMMENDATION - TO CLOSE STREET - LINDEN FROM OLIVE TO MEADE - PEDESTRIAN TRAFFIC SAFETY - HABITAT FOR HUMANITY Mr. Gilot stated that favorable recommendations have been received by Traffic and Lighting, Police Department and the City Attorney's office, in reference to a request as submitted by Mr. Mark Van Lue, Habitat for Humanity, 402 East South, South Bend, Indiana, to close the above referred to street for the building of homes for Habitat for Humanity, September 29 through October 4, 2003. Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION - TO UTILIZE CITY -OWNED PROPERTY - RETENTION. BASIN - YORK AND JACKSON ROADS - PEOPLE OF PRAISE BOYS YOUTH MINISTRY Mr. Gilot stated that favorable recommendations have been received by Traffic and Lighting, Police Department and the City Attorney's office, in reference to a request as submitted by Mr. John Hupp, 19950 Kern Road, South Bend, Indiana, to conduct a your fishing event at the above referred to location on September 27, 2003. Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the recommendation was approved. DENY LICENSE APPLICATION - OPEN AIR STAND Mr. Gilot advised that the following license application has been received: NAME: Classic Memories Corporation BY: Mary Packer ADDRESS: 122 East Pokagon 033 AGENDA SESSION STAND TO LOCATED AT: DATES: FOR THE PURPOSE OF: SEPTEMBER 18, 2003 Parking Garages - Michigan/Main, between LaSalle and Jefferson; Canopied Pavilion - Front Courtyard of Hall of Fame September 15 until end of football games Souvenirs Mr. Gilot further advised that unfavorable recommendations have been received from Engineering and Community and Economic Development. In addition, the petitioner did not present approval letters for the properties where the open air business is to take place. Engineering stated that the College Football Hall of Fame has an exclusive agreement for souvenirs and placement in front of the parking garages would cause a traffic hazard. Therefore, upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, the above license application was denied. APPROVAL OF RECOMMENDATION - TO CONDUCT MOTORCYCLE RIDE - SOUTH BEND FIREFIGHTERS LOCAL 462 BLUES FESTIVAL 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. Nick Kowalski, South Bend Firefighters Local 462, South Bend, Indiana, to conduct the above referred to motorcycle ride on September 27, 2003, Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the recommendation was approved. WATER MAIN EASEMENTS - INDIANA UNIVERSITY SOUTH BEND Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, a Perpetual Water Main Easement and a Temporary Construction Easement were approved for the installation, operation, maintenance and repair of a water main pipe crossing Indiana University South Bend property. 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 9:25 a.m. BOARD OF PUBLIC WORKS AtA��t-A4t— bary A. Gild, President Carl P. Littrell, Member Donald E. Inks, Member ATTEST: Angela K. Jacob, Clerk AGENDA ITEMS ADDED Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the following items were added to the agenda: - Oak Grove Fire Station Replat - Contract - Public Auction - Kaser's Auction Service 0339 REGULAR MEETING SEPTEMBER 22, 2003 The regular meeting of the Board of Public Works was convened at 9:3 5 a.m. on Monday, September 22, 2003, by Board President Gary A. Gilot, with Mr. Carl P. Littrell and Mr. Donald E. Inks present. Also present was Attorney John Livingston. Board Attorney Thomas Bodnar was not present. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Littrell, seconded by Mr. Littrell and carried, the minutes of the meetings of the Board held on September 5, 8 and 15, 2003, were approved. PUBLIC HEARING - LICENSE APPLICATION FOR TRANSIENT MERCHANT LICENSE - MIAMI VILLAGE FALL FESTIVAL Mr. Gilot advised that this was the date set for the Board's Public Hearing concerning a License Application for a Transient Merchant for the Miami Village Fall Festival, as submitted by Mr. Steve Krupnik, 1027 Lincolnway East, South Bend, Indiana, to be held on October 5, 2003, on Miami Street from Calvert and Ewing. It was noted favorable recommendations were received from the Fire Department, Police Department, Building Commissioner and the Legal Department. There being no one present wishing to address the Board concerning this matter, the Public Hearing was closed. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the License Application for a Transient Merchant was approved. OPENING/AWARD OF QUOTATIONS - CONDUIT CONSTRUCTION/FIBER OPTIC CABLE INSTALLATION, SPLICING AND TESTING - MICHIGAN FROM ANGELA TO DORR ROAD (PROJECT NO. 103-023A) AND SOUTH STREET FROM MAIN TO LAFAYETTE (PROJECT NO. 103-032B1 Mr. Gilot advised that this was the date set for the receiving and opening of sealed Quotations for the above referred to project. The following Quotations were opened and read: TRANS TECH ELECTRIC L.P. 4601 Cleveland Road South Bend, Indiana 46628 Quotation was submitted by Mr. John Ferro QUOTATION: $36,622.50 (Project 103-032A) $21,804.00 (Project 103-032B) HERRMAN & GOETZ, INC. 225 South Lafayette South Bend, Indiana 46601 Quotation was submitted by Mr. Roger Knaggs QUOTATION: $74,103.00 (Project 103-032A) $60,892.80 (Project 103-032B) Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the above quotations were referred to the Division of Engineering for review and recommendation. After reviewing those quotations, Mr. Littrell recommended that the Board award the contract to Trans Tech Electric in the amount of $36,622.50 for Project A and $21,804.00 for Project B. Therefore, Mr. Gilot made a motion that the recommendation be accepted and the quotation be awarded as outlined above. Mr. Inks 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 nine (9) 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 0340 REGULAR MEETING SEPTEMBER 22, 2003 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. Inks and carried, the above request was approved. APPROVAL OF AMENDMENT TO AGREEMENT - AMERICORP SERVICES - INDIANA COMMISSION ON COMMUNITY SERVICE AND VOLUNTEERISM Mr. Gilot stated that the Board is in receipt of an Amendment to an Agreement between the City of South Bend and the Indiana Commission on Community Service and Volunteerism, Indianapolis, Indiana, which extends the period of the Agreement to June 30, 2004. Therefore, upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the Amendment to the Agreement was approved and executed. APPROVE COMMUNITY DEVELOPMENT AGREEMENTS The following Community Development Agreements were presented to the Board for approval: Matching Grant Agreement - Keller Park 1125 Academy Place $1,650.00 Residential Enhancement Program Matching Grant Agreement - Keller Park 1147 Blyler $3,417.05 Residential Enhancement Program Matching Grant Agreement - River Park 3106 Pleasant $4,825.00 Residential Enhancement Program Matching Grant Agreement - River Park 1226 South 26" $2,536.91 Residential Enhancement Program Matching Grant Agreement - River Park 3505 Pleasant 30 Day Residential Enhancement Program Extension Building Block Grant Agreement 1762 North Meade $125.00 Building Block Grant Agreement 1526 Hildreth $125.00 Building Block Grant Agreement 5012 Blackford Drive $125.00 East Building Block Grant Agreement 321 South Notre $125.00 Dame Building Block Grant Agreement 1738 North Fremont $125.00 Building Block Grant Agreement 906 Golden $125.00 Building Block Grant Agreement 2219 South Prospect $125.00 Building Block Grant Agreement 1216 Emerson $125.00 Building Block Grant Agreement 306 East Victoria $125.00 Building Block Grant Agreement 5018 Scenic Drive $125.00 Building Block Grant Agreement 1314 East Wayne $125.00 North Neighborhood Youth Grant Agreement Pentecostal Church $2,000.00 of God in Christ Robinson Community Learning Center Temporary $3,530.75 Support/AmeriCorps Program Dismas House Temporary $4,707.75 Support/AmeriCorps Program 1 0341 Refugee & Immigration Services Temporary $4,119.25 Support/AmeriCorps Program Grant Agreement - Urban Enterprise Zone Transfer Funding to $65,430.00 South Gateway Corridor for Purchase of Properties Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the above referred to Contracts were approved and executed. APPROVE CONSTRUCTION CONTRACT - CATALPA STREET IMPROVEMENTS - RIETH RILEY CONSTRUCTION - PROJECT NO. 103-011 Mr. Gilot advised that in accordance with the bid awarded on September 8, 2003, to Rieth Riley Construction, 25200 State Road 23, South Bend, Indiana, in the amount of $128,456.00 for the above referred to project, a Contract in said amount was being submitted for Board approval. Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the Contract was approved and the appropriate Certificate of Insurance, Performance Bond and Labor and Materials Payment Bond as submitted were filed. APPROVE CONSTRUCTION CONTRACT - HUMBOLDT STREET IMPROVEMENTS - RIETH RILEY CONSTRUCTION - PROJECT NO. 103-005 Mr. Gilot advised that in accordance with the bid awarded on September 8, 2003, to Rieth Riley Construction, 25200 State Road 23, South Bend, Indiana, in the amount of $115,605.00 for the above referred to project, a Contract in said amount was being submitted for Board approval. Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the Contract was approved and the appropriate Certificate of Insurance, Performance Bond and Labor and Materials Payment Bond as submitted were filed. APPROVE CONSTRUCTION CONTRACT - AMERITECH DRIVE EXTENSION - WALSH AND KELLY, INC. - PROJECT NO. 103-005 Mr. Gilot advised that in accordance with the bid awarded on September 8, 2003, to Walsh and Kelly, Inc., 24358 State Road 23, South Bend, Indiana, in the amount of $207,031.72 for the above referred to project, a Contract in said amount was being submitted for Board approval. Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the Contract was approved and the appropriate Certificate of Insurance, Performance Bond and Labor and Materials Payment Bond as submitted were filed. APPROVAL OF PROPOSAL - SCOPE OF SERVICES - CHAPIN STREET CURB SIDEWALK AND TREELAWN IMPROVEMENTS - BRUCE STREET TO CALVERT STREET - WIGHTMAN PETRIE, INC. Mr. Gilot stated that the Board is in receipt of a Proposal between the City of South Bend and Wightman Petrie, Inc., 713 South Scott, South Bend, Indiana, for the above referred to project. Mr. Gilot noted that the Proposal is in the amount of $1,500.00. Therefore, upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the Proposal was approved and executed. APPROVAL OF AGREEMENT - ELEVATOR MAINTENANCE AND DIRECT KONEXION - KONE, INC. Mr. Gilot stated that the Board is in receipt of an Agreement between the City of South Bend and Kone, Inc., 433 Fernhill Avenue, Fort Wayne, Indiana 46805, for maintenance and phone monitoring service for the elevators at the South Bend parking garages. Mr. Gilot noted that the Agreement is in the amount of $1,781.00 per month. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the Agreement was approved in principal. Mr. Livingston noted that Kone, Inc. had not yet reviewed his revision of the Agreement. He will present it to the Board after Kone Inc. has reviewed it. 0342 AGENDA SESSION SEPTEMBER 18, 2003 APPROVAL OF ADDENDUM TO AGREEMENT - PROFESSIONAL SERVICES - MASTER PLANNING AND DEVELOPMENT OF SOUTH SIDE DEVELOPMENT AREA - LEHMAN & LEHMAN, INC. Mr. Gilot stated that the Board is in receipt of an Addendum to an Agreement between the City of South Bend and Lehman & Lehman, Inc., 510 Lincolnway East, Mishawaka, Indiana, for the above referred to project. Mr. Gilot noted that the Addendum is in the amount not to exceed $20,000.00. Therefore, upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the Addemdum to the Agreement was approved and executed. APPROVAL OF AGREEMENT -FACILITATION OF CIVIC ALLIANCE RETREAT - INDIANA UNIVERSITY SOUTH BEND Mr. Gilot stated that the Board is in receipt of an Agreement between the City of South Bend and the Indiana University South Bend for facilitation of the Civic Alliance Retreat. Mr. Gilot noted that the Agreement is in the amount of $1,050.00. Therefore, upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the Agreement was approved and executed. APPROVAL OF AGREEMENTS - PROFESSIONAL SERVICES - REPAIR OF PARKING STRUCTURES NO. 1 AND 2 - INVESTIGATION SERVICES FOR DECK SLAB AND DESIGN/CONSTRUCTION PHASE FOR IMMEDIATE AND INTERIM DECK REPAIRS - WALKER PARKING CONSULTANTS Mr. Gilot stated that the Board is in receipt of two (2) Agreements between the City of South Bend and Walker Parking Consultants, 6602 East 751h Street, Indianapolis, Indiana, for the above referred to project. Mr. Gilot noted that the Agreements are in the amount of $154,000.00 for the deck slab and $118,600 for the deck repairs. Therefore, upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the Agreements were approved and executed. APPROVAL OF SERVICE MAINTENANCE AGREEMENT - SBC AMERITECH Mr. Gilot stated that the Board is in receipt of an Agreement between the City of South Bend and SBC Ameritech, for the maintenance of the City of South Bend's telephone sets. Mr. Gilot noted that the Agreement expires on August 4, 2004. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the Agreement was approved and executed. APPROVAL OF REQUEST TO CONDUCT AUCTION/CONTRACT - KASER'S AUCTION SERVICE In a letter to the Board, Services Division Chief Richard Kilgore, Police Department, requested permission to conduct a public auction to dispose of unclaimed property as allowed by law. Chief Kilgore stated the auction will be held on October 11, 2003 at the Public Works Service Center, beginning at 8:30 a.m. In addition, the Contract for the above referred to service was presented for approval, in the amount of 8% commission from Kaser's Auction Service, North Liberty, Indiana. Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the request to conduct a public auction and the Contract were approved. CLEVELAND ROAD WELL FIELD EXPANSION The Water Works has a need for the purchase of property for the Cleveland Road Well field, due to an increase in water demand. This property has been offered for sale for $30,000 per acre, and is a five (5) acre parcel. Water Works has stated that the demand for water requires the expansion; findings also show a loss of static level. Testing will be performed in this area. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the study for the Cleveland Road Well Field Expansion was filed. ADOPT RESOLUTION NO. 66-2003 - DISPOSAL OF CITY -OWNED PROPERTY Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the following Resolution was adopted by the Board of Public Works. The Board suggested offering the obsolete property to the 4H Fairgrounds. RESOLUTION NO. 66-2003 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND/OR OBSOLETE PROPERTY 1 AGENDA SESSION SEPTEMBER 18, 2003 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: THE FOLLOWING ITEMS FORM A PERKINS WINDMILL: 7 7.41 PERKINS WINDMILL TOWER 79.81 PERKINS WINDMILL WHEEL (FAN BLADES) 79.105 PERKINS WINDMILL TAIL 81.34 PERKINS WINDMILL GEARBOX 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 listed above are no longer needed by the City; is unfit for the purpose for which they were intended and have an estimated value of less than five thousand dollars ($5,000.00). 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 22' Day of September 2003. BOARD OF PUBLIC WORKS CITY OF SOUTH BEND, INDIANA s/Gary A. Gilot, President s/Carl P. Littrell, Member s/Donald E. Inks, Member ATTEST: s/Angela K. Jacob, Clerk ADOPT RESOLUTION NO. 67-2003 - 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. The Board suggested offering the obsolete property to the City of South Bend Park Department. RESOLUTION NO.67-2003 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: DDA S SERIES 32 CHANNEL SOUND CONSOLE SP24918 WITH ROAD CASE DA S SERIES POWER SUPPLY PSP24923 PROJECT ONE FLD 3500 CASSETTE DECK 12546 TWO (2) YAMAHA 541154 SPEAKERS 68379, 68897 DA-216A DISTRIBUTION AMP LECTRONSONIC AM 8TC 8 CHANNEL MIXER WOOD RACK - 12 SPACE METAL RACK - 10 SPACE ALTEC 1567 A MIXER AMP 10964 FOURTEEN (14) 7 ` STRIP LIGHTS 4 COLOR 4 CIRCUIT, WITH COLOR RONDELS/FRAMES THREE (3) SMALL ROLLS OF MARLEY FLOOR SIX (6) 70 VOLT JBL SPEAKERS 0344 AGENDA SESSION SEPTEMBER 18, 2003 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 listed above are no longer needed by the City; is unfit for the purpose for which they were intended and have an estimated value of less than five thousand dollars ($5,000.00). 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 221"'D Day of September 2003. ATTEST: s/Angela K. Jacob, Clerk BOARD OF PUBLIC WORKS CITY OF SOUTH BEND, INDIANA s/Gary A. Gilot, President s/Carl P. Littrell, Member s/Donald E. Inks, Member ADOPT RESOLUTION NO. 68-2003 - ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO A ANNEXATION AREA IN GERMAN TOWNSHIP (OLIVE ROAD 3 ANNEXATION AREA_) Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 68-2003 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 ( NORTH OLIVE NO. 3 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 at Table 2 on page 12 of Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the territory proposed to be annexed encompasses approximately 1.62 acres of land containing two single family homes, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 100% contiguous, generally located on the east side of Olive Road at the intersection of Enterprise Drive. It is anticipated that in the future the annexation area may be developed as either commercial or industrial, based on surrounding land uses, which 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 1 [7 1 0345 AGENDA SESSION SEPTEMBER 18, 2003 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 j obs will be eliminated by the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. That it is in the best interest of the City of South Bend and the area proposed to be annexed that the real property located in German Township, St. Joseph County, Indiana, described more particularly at Table 2 on page 12 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, 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 street lightning is being provided through a previous annexation; that the Olive Road right-of-way was annexed into the City under a previous annexation and that the widening of Olive Road will necessitate a drainage plan as part of the project. Adopted the 22' day of September 2003. BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA s/Gary Gilot, President s/Carl Littrell, Member s/Donald E. Inks, Member APPROVAL OF RECOMMENDATION - TO CLOSE STREET - MIAMI FROM CALVERT TO EWING - MIAMI VILLAGE FALL FESTIVAL Mr. Gilot stated that favorable recommendations have been received by Traffic and Lighting, Police Department and the City Attorney's office, in reference to a request as submitted by Mr. Steve Krupnik, Post Office Box 4544, South Bend, Indiana, to conduct the above referred to event on October 5, 2003, from 12:00 p.m. to 5:00 p.m. Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the recommendation was approved. AGENDA SESSION SEPTEMBER 18.2003 APPROVAL OF RECOMMENDATION - TO CLOSE STREET - THOMAS FROM MAPLE TO WALNUT - BACK TO SCHOOL PARTY Mr. Gilot stated that favorable recommendations have been received by Traffic and Lighting, Police Department and the City Attorney's office, in reference to a request as submitted by Ms. Ynetter Jones, 1204 Thomas, South Bend, Indiana, to conduct the above referred to event on October 4, 2003, from 10:00 a.m. to 9:00 p.m. Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION - TO CLOSE STREET - YORK FROM JACKSON TO PROVINCIAL - FIRE DEPARTMENT OPEN HOUSE Mr. Gilot stated that favorable recommendations have been received by Traffic and Lighting, Police Department and the City Attorney's office; in reference to a request as submitted by Assistant Fire Chief Howard Buchanon, South Bend, Indiana, to conduct the above referred to event on October 5, 2003, from 12:00 p.m. to 5:00 p.m. Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION - TO CONDUCT ANNUAL LIFE CHAIN - ST. JOSEPH COUNTY RIGHT TO LIFE Mr. Gilot stated that favorable recommendations have been received by Traffic and Lighting, Police Department, Park Department and the City Attorney's office, in reference to a request as submitted by Mr. Patrick Drury, St. Joseph Right to Life, 320 North Lafayette, South Bend, Indiana, to conduct the above referred to event on October 5, 2003, from 2:30 p.m. to 3:30 p.m. Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION - TO CLOSE STREET - WAKEWA FROM MICHIGAN TO LAFAYETTE - BLOCK PARTY Mr. Gilot stated that favorable recommendations have been received by Traffic and Lighting, Police Department and the City Attorney's office, in reference to a request as submitted by Mr. Cec, Lucero, 133 Wakewa, South Bend, Indiana, to close the above referred to street for the above referred to event to be held on October 4, 2003, from 3:00 p.m. until 8:00 p.m. Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION - TO CLOSE STREET - DUBAIL FROM MICHIGAN TO ST. JOSEPH - NEIGHBORHOOD PARTY Mr. Gilot stated that favorable recommendations have been received by Traffic and Lighting, Police Department and the City Attorney's office, in reference to a request as submitted by Ms. Tabitha Martinez, Impact of the Living God, 1710 South Michigan, South Bend, Indiana, to close the above referred to street in conjunction with the above referred to event on October 4, 2003, from 10:00 a.m to 9:00 p.m. Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the recommendation was approved. APPROVE IRREVOCABLE STANDBY LETTER OF CREDIT• Mr. Tony Molnar, Division of Engineering, submitted the following Irrevocable Standby Letter of Credit to the Board and recommended approval: IRREVOCABLE STANDBY LETTER OF CREDIT NO.40334 ISSUED BY: St. Joseph Capital Bank FOR: Kendall Weiss - Storm Management/Street AMOUNT: $7,200.00 EXPIRES: September 14, 2004 IMPROVEMENT: Streets/Sewers - Clay Township, north of Auten Road Mr. Littrell made a motion that the Letter of Credit, as outlined above, be approved. Mr. Inks seconded the motion which carried. APPROVE TITLE SHEETS - Oak Road Fire Station Replat - Phase I - Target Parcel - Erskine Village Mr. Gilot advised that the Title Sheets for the above referred to projects were being presented at this 0347 1 1 1 AGENDA SESSION SEPTEMBER 18, 2003 time for execution. Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the above referred to Title Sheets were approved and signed. APPROVE TRAFFIC CONTROL DEVICE Upon a motion made by Mr. Littrell, seconded by Mr. Mr. Inks and carried, the following traffic control device was approved: Residential Parking District 800 Block of North Main Request from Memorial Restriction Street Hospital APPROVAL OF CERTIFICATES OF INSURANCE Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the following Certificates of Insurance were accepted for filing: Safety-Kleen Systems, Inc. 5400 Legacy Drive Plano, Texas 75024 Miami Village Association Post Office Box 4544 South Bend, Indiana 46634 St. Joseph County Right to Life 320 North Lafayette South Bend, Indiana 46601 Alt & Witzig Engineering, Inc. 4105 West 99`" Street Carmel, Indiana 46032 Joe Cruz Post Office Box 3163 South Bend, Indiana 46618 Habitat for Humanity 402 East South Street South Bend, Indiana 46601 Ark Engineering Services, Inc 8130 South Meridian Indianapolis, Indiana 46217 APPROVE AND/OR RELEASE CONTRACTOR AND EXCAVATION BONDS Mr. Anthony Molnar, Engineer, Division of Engineering, recommended that the following Contractors and Excavation Bonds be approved and/or released as follows: BOND OF CONTRACTOR David Stevens LBF Construction (Terry Frank) Released Effective September 22, 2003 Approved Effective September 5, 2003, Pursuant to Resolution No. 100-2000 PERFORMANCE/PAYMENT BOND Alt & Witzig Engineering, Inc. Approved Effective September 22, 2003 (Soil -Borings in Right -of -Way) EXCAVATION BONDS Emergency Drain Approved September 16, 2003, Pursuant to Resolution No. 100-2000 Emergency Drain Service, Inc. Released Effective September 22, 2003 Mr. Gilot made a motion that the recommendation be accepted and that the Bonds be approved and/or released as outlined above. Mr. Inks seconded the motion which carried. 0348 AGENDA SESSION SEPTEMBER 18, 2003 APPROVE CLAIMS Mr. Gilot stated that the following claims were submitted to the Board for approval: Name Amount of Claim Date City of South Bend $2,415,510.57 September 15, 2003 City of South Bend $2,110,436.67 September 22, 2003 St. Joseph County Housing Consortium $16,500.00 July 2, 2003 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 10:03 a.m. BOARD OF PUBLIC WORKS c Z4�" �Ajr) Gary A. Gilot, President Carl P. Littrell, Member Donald E. Inks, Member ATTEST: Angela K. Jacob, Clerk LJI 1