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HomeMy WebLinkAbout10/27/03 Board of Public Works Minutes0367 REGULAR MEETING OCTOBER 27, 2003 The regular meeting of the Board of Public Works was convened at 9:35 a.m. on Monday, October 27, 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. AGENDA ITEMS ADDED Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the following items were added to the agenda: - Grant Agreements - LaSalle Residential Enhancement Program (3) - Addendum I - Bendix Drive Relocation - The Troyer Group - Traffic Control Devices (3) APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the minutes of the regular meeting of the Board held on October 8 and 13, 2003 were approved. PUBLIC HEARING - LICENSE APPLICATION FOR TRANSIENT MERCHANT - HOMIER DISTRIBUTING COMPANY Mr. Gilot advised that this was the date set for the Board's Public Hearing concerning a License Application for a Transient Merchant, as submitted by Mr. Charles Homier, 601 East Lamont Road, Huntington, Indiana, to conduct the sale of miscellaneous items on December 4 through December 7, 2003 at the Century Center. It was noted favorable recommendations have been received by the Fire Department, Building Commissioner and the Legal Department. A recommendation was not received by the Police 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. Inks, seconded by Mr. Littrell and carried, the License Application was approved, subject to a favorable recommendation by the Police Department. AWARD BID - TRANS TECH INDUSTRIAL DRIVE - PROJECT NO. 103-056 (TIF) Mr. Carl P. Littrell, City Engineer, advised the Board that on September 15, 2003, bids were received and opened for the above referred to project. After reviewing those bids, Mr. Littrell recommends that the Board award the contract to the lowest responsible and responsive bidder, Rieth Riley Construction, 25200 State Road 23, South Bend, Indiana, in the amount of $95,621.24. Therefore, Mr. Littrell made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mr. Inks seconded the motion which carried. AWARD BID - EDISON WATER TREATMENT PLANT RENOVATIONS - PHASE I - PROJECT NO. 103-050 (BOND, Mr. Andrew Lembaris, DLZ Indiana, 2211 East Jefferson, South Bend, Indiana, advised the Board that on September 15, 2003, bids were received and opened for the above referred to project. After reviewing those bids, Mr. Lembaris recommends that the Board award the contract to the lowest responsible and responsive bidder, Kaser Spraker Construction, 25487 West State Road 2, South Bend, Indiana, in the amount of $1,162,000.00, which is the base bid plus Alternates 2, 3, 4, and 5. Mr. John Stancati and Mr. John Wiltrout, Water Works, were present, and concurred with the award. Therefore, Mr. Gilot made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mr. Inks seconded the motion which carried AWARD BID - SALE OF ABANDONED VEHICLES Mr. Gary Libbey, Code Enforcement, advised the Board that on October 13, 2003, 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: THOMAS STAACK 7772 West County Line Road Grovertown, Indiana 46531 REGULAR MEETING OCTOBER 27, 2003 1 CADILLAC STS 1993 IG6KY5294PU832148 $326.00 2 MITSUBISHI MIRAGE 1992 4A3CU26A7NE064279 $23.00 5 JEEP WAGONEER 1986 1JCNJ15U2GT028488 $63.00 TOTAL $412.00 RON MOUTRAY 17271 Darden Road South Bend, Indiana 46635 13 1 TOYOTA PICK-UP 11986 1 JT4RN70D7G0010779 1 $200.50 1 TOTAL $200.50 JOE BOBIK 56942 Cedar Road Osceola, Indiana 46561 4 FORD BRONCO II 1989 1 1FMCU14T4KUB03571 1 $311.00 TOTAL $311.00 Therefore, Mr. Gilot made a motion that the recommendation be accepted and the bids be awarded as outlined above. Mr. Inks seconded the motion which carried. APPROVAL OF REQUEST TO PURCHASE EOUIPMENT/PURCHASE AGREEMENT AND SOFTWARE/HARDWARE AGREEMENT - CREDITRON CORPORATION INC (BOND) In a memorandum to the Board, Ms. Roxanne Lawson, Water Works, recommended approval of the purchase of a remittance processing system for the Water Works. Ms. Cynthia Grier, Water Works Customer Service, was present, and stated that currently the Water Works performs the remittance of water works billing manually. The new system will reduce labor and receipt processing; will reduce the deposit time; will provide tracing of checks; will automatically post payments, and will stop disconnects if a payment is made. The system is compatible with the AS400. The cost of the system is $58,367.00, with a yearly maintenance agreement of $6,758.00 and a hardware maintenance agreement of $2,387.00. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the request to purchase the remittance processing system and the two (2) maintenance agreements were approved. APPROVE CHANGE ORDER - FIBER OPTIC CABLE INSTALLATION - STATE ROAD 933 FROM ANGELA TO DORR. ROAD - TRANS TECH ELECTRIC - PROJECT NO. 103-032A L� RSAI Mr. Gilot advised that Mr. Toy Villa, Public Construction Manager, has submitted Change Order No. 1 on behalf of Trans Tech Electric, 4601 Cleveland Road, South Bend, Indiana indicating that the Contract amount be increased $1,890.00 for a new Contract sum including this Change Order in the amount of $3 8,512.50. Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the Change Order was approved. APPROVE CHANGE ORDER - 14UMBOLDT STREET IMPROVEMENTS - RIETH RILEY CONSTRUCTION - PROJECT NO 103-005 (CDBG) Mr. Gilot advised that Mr. Toy Villa, Public Construction Manager, has submitted Change Order No. 1 on behalf of Rieth Riley Construction, 25200 State Road 23, South Bend, Indiana indicating that the Contract amount be increased $6,270.00 for a new Contract sum including this Change Order in the amount of $121,125.00. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the Change Order was approved. APPROVE CERTIFICATE OF COMPLETION/FINAL WAIVER OF LIEN - PALAIS ROYALE RESTORATION - CASTEEL CONSTRUCTION - PROJECT NO 101-051 (BOND) Mr. Gilot advised that Mr. Toy Villa, Public Construction Manager, has submitted the Certificate 1 9369 C REGULAR MEETING OCTOBER 27, 2003 of Completion and Final Waiver of Lien on behalf of Casteel Construction, 23186 West Ireland Road, South Bend, Indiana, for the above referred to project, indicating a final cost of $6,323,852.00. Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the Certificate of Completion and Final Waiver of Lien were approved. APPROVE CERTIFICATE OF COMPLETION/FINAL WAIVER OF LIEN - BLOWER AND ENGINE REPLACEMENT ENVIRONMENTAL SERVICES - BOWEN ENGINEERING - PROJECT NO. 99-45 (SRF) Mr. Gilot advised that Mr. Bob Toppel, Environmental Services, has submitted the Certificate of Completion and Final Waiver of Lien on behalf of Bowen Engineering, Crown Point, Indiana, for the above referred to project, indicating a final cost of $2,157,855.36. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the Certificate of Completion and Final Waiver of Lien were approved. APPROVE CHANGE ORDER NO. 1 (FINAL) AND PROJECT COMPLETION AFFIDAVIT SADIE STREET IMPROVEMENTS - RIETH RILEY CONSTRUCTION - PROJECT NO.103-012 CDBG Mr. Gilot advised that Mr. Toy Villa, Public Construction Manager has submitted Change Order No. 1 (Final) on behalf of Rieth Riley Construction, 25200 State Road 23, South Bend, Indiana, indicating that the contract amount be decreased by $670.38 for a new contract sum including this Change Order in the amount of $17,329.63. Additionally submitted was the Project Completion Affidavit indicating this new final cost. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, Change Order No. 1(Final) and the Project Completion Affidavit were approved subject to the filing of the appropriate three-year Maintenance Bond. APPROVE APPLICATION AND CERTIFICATE FOR PAYMENT - OLIVER SCHOOL DEMOLITION - R&R EXCAVATION - PROJECT NO 102-045 (CDBG) Mr. Gilot advised that Mr. Toy Villa, Public Construction Manager, has submitted the Application and Certificate for Payment on behalf of R&R Excavating, 2010 Went Avenue, Mishawaka,. Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the Application and Certificate for Payment was approved. APPROVE COMMUNITY DEVELOPMENT AGREEMENTS/ADDENDA The following Community Development Agreements/Addenda were presented to the Board for approval: Agreement - Rum Village Residential 1636 Catalpa $1,347.50 Enhancement Matching Grant Agreement - Rum Village Residential 1728 Chapin $5,000.00 Enhancement Matching Grant Agreement - Keller Park Residential 1119 Kinyon $1,707.00 Enhancement Matching Grant Agreement - Keller Park Residential 1214 Academy Place $5,000.00 Enhancement Matching Grant Addendum - Keller park Residential 1125 Academy Place Increase $600.00 - Enhancement Match Grapt Total $2,250.00 Grant Agreement - Building Block 1001 Hudson $125.00 Grant Agreement - Building Block 416 Manitou $125.00 Grant Agreement - LaSalle Area Residential 1210 North Olive $640.00 Enhancement Program Grant Agreement - LaSalle Area Residential 1124 North Meade $1,483.00 Enhancement Program 03`70 REGULAR MEETING OCTOBER 27, 2003 Grant Agreement - LaSalle Area Residential 1126 North Fremont $551.00 Enhancement Program Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the above referred to Agreements/Addenda were approved and executed. TABLE PROPOSAL - DEVELOPMENT OF WEB PAGE FOR CITY PLAN - JUMP MEDIA Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the Proposal was tabled. APPROVE CONSTRUCTION CONTRACT - IRONWOOD WOOD IMPROVEMENTS - RIETH RILEY CONSTRUCTION - PROJECT NO. 103-049 (LRSA) Mr. Gilot advised that in accordance with the bid awarded on October 13, 2003, to Rieth Riley Construction, 25200 State Road 23, South Bend, Indiana, in the amount of $29,467.79 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 was filed. APPROVAL OF TRANSITIONAL AGREEMENT - ELEVATOR MAINTENANCE - THREE (3 ) DOWNTOWN PARKING FACILITIES - KONE INC (BOND) Mr. Gilot stated that the Board is in receipt of an Agreement between the City of South Bend and Kone, Inc., 5201 Park Emerson Drive, Indianapolis, Indiana, for the elevator maintenance of the three (3) downtown parking garages. This Agreement is retroactive to September 1, 2003. Mr. Gilot noted that the Agreement is in the amount of $1,781.00 on a month to month basis. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the Agreement was approved and executed. TABLE CONSTRUCTION CONTRACT - ELEVATOR RENOVATIONS - THREE (3) DOWNTOWN PARKING FACILITIES - KONE INC (BOND) Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the Construction Contract was tabled. APPROVAL OF SUPPLEMENTAL AGREEMENT NO. 3 - ADDITIONAL SURVEY AND MODIFICATIONS OF PLANS - CLEVELAND ROAD ADDED TRAVEL LANES - KEN HERCEG & ASSOCIATES, INC. (AIRPORT EDA TIF/BOND) Mr. Gilot stated that the Board is in receipt of a Supplemental Agreement between the City of South Bend and Ken Herceg and Associates, 211 West Washington, South Bend, Indiana, for the above referred to project. Mr. Gilot noted that the Agreement is in the amount of $6,370.00. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the Supplemental Agreement was approved and executed. APPROVAL OF AGREEMENT - DESIGN OF A NEW SANITARY SEWER ON DARDEN ROAD BETWEEN 933 AND LAUREL ROAD - DLZ INDIANA INC (SEWAGE WORKS) Mr. Gilot stated that the Board is in receipt of an Agreement between the City of South Bend and DLZ Indiana, Inc., 2211 East Jefferson, South Bend, Indiana, for the above referred to project. Mr. Gilot noted that the Agreement is in the amount of $10,900.00. Therefore, upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the Agreement was approved and executed. APPROVAL OF A SUPPLEMENTAL AGREEMENT NO.2 - ADD DESIGN OF OLIVE ROAD AND BRICK ROAD IMPROVEMENTS NORTH OF THE INDIANA TOLL ROAD - DLZ INDIANA, INC. (AEDA TIF/BOND) Mr. Gilot stated that the Board is in receipt of a Supplemental Agreement between the City of South Bend and DLZ Indiana, Inc., 2211 East Jefferson, South Bend, Indiana, for the above referred to project. Mr. Gilot noted that the Agreement is in the amount of $219,600.00, bringing the total contract amount to $575,967.40. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the Supplemental Agreement was approved and executed. 1 1 1 037 REGULAR MEETING OCTOBER 27, 2003 APPROVAL OF AGREEMENT - ENGINEERING AND INDUSTRIAL HYGIENE SERVICES - DEMOLITION OF PORTIONS OF STUDEBAKER BUILDING 86 - GRAUVOGEL & ASSOCIATES (COIT) Mr. Gilot stated that the Board is in receipt of an Agreement between the City of South Bend and Grauvogel & Associates,17660 Fall Creek Drive, Granger, Indiana, for the above referred to project. Mr. Gilot noted that the Agreement is in the amount of $1,500.00. Therefore, upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the Agreement was approved and executed. APPROVAL OF PROPOSAL - PREPARATION OF BID DOCUMENTS - SELECTED DEMOLITION - SOUTH BEND STAMPING PLANT PROPERTY - KEN HERCEG & ASSOCIATES, INC. (COIT) Mr. Gilot stated that the Board is in receipt of a Proposal between the City of South Bend and Ken Herceg and Associates, Inc., 211 West Washington, South Bend, Indiana, for the above referred to project. Mr. Gilot noted that the Proposal is in the amount of $19,100.00. Therefore, upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the Proposal was approved and executed. APPROVAL OF AGREEMENT - CITY PLAN OUTREACH MEETINGS - CAPRARO CONSULTING SERVICES (UDAG PRE -DEVELOPMENT) Mr. Gilot stated that the Board is in receipt of an Agreement between the City of South Bend and Capraro Consulting Services, 728 South Jackson, Chicago, Illinois, for facilitation of the City Plan Outreach meetings and the analysis of said meetings. Mr. Gilot noted that the Agreement is in the amount of $24,000.00. Therefore, upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the Agreement was approved and executed. TABLE ADDENDUM NO. 1 - BENDIX DRIVE RELOCATION - THE TROYER GROUP Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the Addendum was tabled. ADOPT RESOLUTION NO. 73-2003 - ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN PORTAGE TOWNSHIP (NEW CLEVELAND ROAD ANNEXATION AREA) Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 73-2003 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 PORTAGE TOWNSHIP ( NEW CLEVELAND ROAD 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 Portage 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 the entire Right -of -Way consisting of a total of 7,615 feet located in the 21000 and 21500 blocks of New Cleveland Road, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 63% contiguous. It is anticipated that the annexation area 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, as well as services of a capital improvement nature, including availability of a sanitary sewer system, a water distribution system and street lighting; 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 other non - capital services normally provided within the corporate boundaries; and services of a capital 03'72 REGULAR MEETING OCTOBER 27, 2003 improvement nature including, 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. 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 Portage Township, St. Joseph County, Indiana, consisting of 7,615 feet of Right -of -Way in the 21000 and 21500 blocks of New Cleveland Road 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 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 sanitary sewer main lines and a water main line are currently in place and available to service this annexation area; that a metered street lighting service is being installed by St. Joseph County which the City will own and operate after annexation, and that a drainage plan is approved and in place. Adopted the 27TH Day of October 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 ADOPT RESOLUTION NO.75-2003 - DISPOSAL OF OBSOLETE 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. 75-2003 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND/OR OBSOLETE PROPERTY 1 I 0373 REGULAR MEETING OCTOBER 27, 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: ONE (1) ZOOM TOUCH 600 CAMERA, S/N 5024136 ONE (1) FUJICA CAMERA, S/N 249129 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 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 27th Day of October 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. 76-2003 - APPROVING THE TRANSFER OF REAL PROPERTY TO MADISON CENTER, INC. Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 76-2003 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA APPROVING THE TRANSFER OF REAL PROPERTY TO MADISON CENTER, INC. WHEREAS, the City of South Bend ("City") is the owner of the following described real property located within the City of South Bend, St. Joseph County, Indiana: Beginning at the Southwest corner of Lot Number Six (6), Dinans Second Addition to the City of South Bend; thence in a straight line in a northeasterly direction to the North boundary line of said Lot 6, at a point Ninety-five (95) feet West of the Northeast corner of said Lot 6; thence in a straight line in a Northwesterly direction to the Northwest corner of Lot Ten (1), in said Addition; thence in a Southwesterly direction along the Southeasterly line of Crescent Avenue a distance of fourteen and seventy-five hundredths (14.75) feet; thence Southeasterly Eighty-seven and three tenths (87.3) feet parallel with and fourteen (14) feet from the second straight line above mentioned; thence in a Southwesterly direction to the Southeasterly corner of Lot Eleven (11) of said Addition; thence in a Southeasterly direction to the point of beginning, hereinafter referenced as the "Property"; and WHEREAS, pursuant to Ind. Code § 36-9-6-3, the Board of Public Works of the City of South Bend ("Board") has custody and may maintain all real and personal property of the City; and �D37 REGULAR MEETING OCTOBER 27, 2003 WHEREAS, Ind. Code § 36-1-11-1(b)(7) permits the City, acting by and through the Board, to transfer property to an Indiana nonprofit corporation that is exempt from taxation under Section 501 of the Internal Revenue Code; and WHEREAS, Madison Center, Inc. is a not -for -profit corporation organized under the laws of the State of Indiana and exempt from taxation under Section 501(c) of the Internal Revenue Code; and WHEREAS, City, through the Board, desires to transfer the Property to Madison Center, Inc. for use by Madison Center, Inc. in expanding its present facilities, and Madison Center, Inc. desires to accept the transfer of the Property from City under such terms and conditions as determined by the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS FOR THE CITY OF SOUTH BEND, INDIANA, THAT: 1. The Board hereby approves the transfer of the following -described real property to Madison Center, Inc., subject to the terms and conditions set forth in that certain Purchase Agreement dated , 2003 by and between the Parties and further subject to that certain Contract for Sale of Land for Private Development dated , 2003 ("Contract") by and between Madison Center, Inc. and the South Bend Redevelopment Commission, governing body of the City of South Bend Department of Redevelopment, said Contract recorded in the Office of the Recorder for St. Joseph County, Indiana on , 2003 as Document No. Beginning at the Southwest corner of Lot Number Six (6), Dinans Second Addition to the City of South Bend; thence in a straight line in a northeasterly direction to the North boundary line of said Lot 6, at a point Ninety-five (95) feet West of the Northeast corner of said Lot 6; thence in a straight line in a Northwesterly direction to the Northwest corner of Lot Ten (1), in said Addition; thence in a Southwesterly direction along the Southeasterly line of Crescent Avenue a distance of fourteen and seventy-five hundredths (14.75) feet; thence Southeasterly Eighty-seven and three tenths (87.3) feet parallel with and fourteen (14) feet from the second straight line above mentioned; thence in a Southwesterly direction to the Southeasterly corner of Lot Eleven (11) of said Addition; thence in a Southeasterly direction to the point of beginning. 2. The transfer shall take place at a simultaneous closing at the time that the South Bend Redevelopment Commission transfers additional real property to Madison Center, Inc. in accordance with that certain Contract for Sale of Land for Private Development dated , 2003 related to the expansion of Madison Center, Inc. 3. The Board hereby appoints Assistant City Attorney Cheryl A. Greene as its Agent for purposes of executing all documents in connection with the transfer of the above -described property and shall cause the quit claim deed conveying the Property to Madison Center, Inc. to be promptly recorded in the Office of the Recorder of St. Joseph County, Indiana. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/Gary Gilot s/Carl Littrell s/Donald E. Inks ATTEST: s/Angela K. Jacob, Clerk REGULAR MEETING OCTOBER 27, 2003 ADOPT RESOLUTION NO. 77-2003 - TEMPORARILY EXTENDING THE 1998 CABLE TELEVISION FRANCHISE AGREEMENT WITH COMCAST AND SCHEDULING A PUBLIC HEARING 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. 77-2003 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA TEMPORARILY EXTENDING THE 1998 CABLE TELEVISION FRANCHISE AGREEMENT WITH COMCAST AND SCHEDULING A PUBLIC HEARING WHEREAS, on October 19,1998 the Board of Public Works ("Board") of the City of South Bend, Indiana entered into a Cable Television Franchise Agreement ("Agreement") with Heritage Cablevision Associates, Inc. d/b/a TCI of Michiana, Inc. ("TCI"); and WHEREAS, the TCI Franchise Agreement with the City of South Bend dated October 19, 1998 is currently in effect between the Board and TCI's successor, Cable Communications, Inc., (COMCAST); and WHEREAS, in order to determine whether Comcast has performed its duties under the Agreement sufficient to authorize a ten (10) year extension of the Agreement, the City of South Bend desires to secure additional information from COMCAST and to conduct a public hearing regarding COMCAST'S performance and service to the public; and WHEREAS, the Board requires more time to fully determine whether the October 1998 Agreement with COMCAST should be renewed by its terms for another ten (10) years. NOW, THEREFORE, BE IT RESOLVED by the Board ofPublic Works of the City of South Bend as follows: Section I. The cable Franchise Agreement dated October 19, 1998 between the Board of Public Works and COMCAST is hereby extended to and now expires on December 31, 2003. Section II. The Board of Public Works will hold a public hearing to receive from South Bend residents input and comment on COMCAST'S cable service, and such hearing is scheduled for Novemberl7, 2003 at 5 o'clock p. in. CITY OF SOUTH BEND, INDIANA BY ITS BOARD OF PUBLIC WORKS s/Gary Gilot, President s/Carl Littrell, Member ATTEST: s/Don Inks, Member Angela K. Jacob, Clerk RATIFY RECOMMENDATION - TO CLOSE STREET - MANITOU PLACE FROM FOREST TO PARK AVENUE - HALLOWEEN 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. Stan Molenda, 1005 Portage, South Bend, Indiana, to conduct the above referred to block party on October 26, 2003, from 2:00 p.m. until 7:00 p.m. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the recommendation was ratified. APPROVAL OF RECOMMENDATION TO ENCROACH ONTO PUBLIC RIGHT-OF-WAY - INSTALLATION OF AWNING - 115 NORTH MAIN STREET Mr. Gilot advised that the Board is in receipt of favorable recommendations from the Division of Engineering, Police Department, and the Building Commissioner for the installation of an awning at 115 North Main Street, the Budney Building. Upon a motion made by Mr. Littrell, seconded by REGULAR MEETING OCTOBER 27, 2003 Mr. Inks and carried, the recommendation was approved. RATIFY RECOMMENDATION - TO CONDUCT RED RIBBON MARCH 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 Ms. Gladys Muhammad, South Bend Heritage Foundation, 803 Lincolnway West, South Bend, Indiana, to conduct the above referred to march on October 26, 2003, from 11:00 a.m. until 1:3 0 p.m. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the recommendation was ratified. TABLE LICENSE APPLICATION - SCRAP METAL DEALERS/JUNK DEALERS/RECYCLING OPERATIONS/TRANSFER STATIONS Mr. Gilot stated that the following application has been received: Michael's Tire Recycling 700 West Chippewa It was noted that an favorable recommendations have been received by the Fire Department. Code Enforcement stated there were violations from the Indiana Department of Environmental Management. Upon a motion made by Mr. Littrell seconded by Mr. Inks and carried, the License Application was tabled, pending further information RATIFY RECOMMENDATION - TO CLOSE STREET - ARTHUR FROM MINER TO COLFAX - DAISY HALL PARK OPENING 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. Richard Hill, 1325 East Cedar, South Bend, Indiana, to conduct the above referred to event, on October 26, 2003, from 3:00 p.m. until 4:00 p.m. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the recommendation was ratified. APPROVE/DENY TRAFFIC CONTROL DEVICES Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the following traffic control devices were approved/denied: New Installation - Handicapped Accessible Parking Space Signs 1441 Mishawaka Avenue All criteria has been met. New Installation - Handicapped 613 South 261h Street All criteria has been met. Accessible Parking Space Signs New Installation - Handicapped 3931 Montgolfier Denied - Parking is Accessible Parking Space Signs available. Parking areas are private property. APPROVAL OF TRIPLE TRAILER PERMIT - CONWAY TRANSPORTATION SERVICES Mr. Gilot stated a Triple Trailer Permit has been submitted to the Board for approval by Mr. Chuck Patrick, Con -Way Transportation Services, 1530 South Olive, South Bend, Indiana, for ingress and egress from the Toll Road. Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the Triple Trailer Permit was approved. APPROVAL OF RESERVED HANDICAP PARKING PERMIT Mr. Gilot stated a Reserved Handicap Parking Permit Application has been submitted to the Board for approval by Ms. Angelica Cantrell, 3985 Heritage Court, Mishawaka, Indiana, for reserved handicap parking in front of the County -City Building, South Bend, Indiana. It was noted that all the required paperwork has been submitted to the Board. Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the Reserved Handicap Parking Permit was approved. 1 1 L� r_� 1 REGULAR MEETING OC_ TOBER 27.2003 APPROVAL OF AUTHORIZATION FOR ENTRY UPON PUBLIC PROPERTY FOR DRILLING PURPOSES - ARK ENGINEERING - PARAMOUNT ENVIRONMENTAL SERVICES Mr. Gilot stated that the Authorization for Entry Upon Public Property for Drilling Purposes for Ark Engineering, 8130 South Meridian, Indianapolis, Indiana, and Paramount Environmental Services, Post Office Box 427, Portage, Indiana, have been received for the purpose of performing soil borings and drilling wells to monitor groundwater and soil pollution for their clients. Paramount Environmental wishes to perform these services in the eastern right of way of Prairie Street northeast of the intersection of Prairie Street and Scott Street. Ark Engineering wishes to perform these services in the right of way along West Sample Street near the intersection of Albert and in the alley behind said property which runs parallel to Sample Street and east of Albert, 2334 Prairie Avenue, and the 2600 block of South Michigan. Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the requests were approved, subject to a final report from these two companies to be forwarded to the Board of Public Works APPROVAL OF REVOCABLE PERMIT Mr. Gilot stated that a REVOCABLE Permit has been receive from L.L. Geans to perform a street cut on Jefferson from approximately 227 West Jefferson to the previous site of the First Source Bank. Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the Revocable Permit was approved. FILING OF CERTIFICATE OF INSURANCE Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the following Certificate of Insurance was accepted for filing: St. Margaret's House Inc. 117 North Lafayette South Bend, Indiana 46601 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 Majority Builders Jordan Concrete Construction EXCAVATION BONDS Willie's Construction Company, Inc. Asphalt Engineers, Inc. Majority Builders Released Effective October 27, 2003 Approved Effective October 22, 2003, Pursuant to Resolution No. 100-2000 Approved Effective October 17, 2003, Pursuant to Resolution No. 100-2000 Approved Effective October 13, 2003, Pursuant to Resolution No. 100-2000 Released October 27, 2003 Mr. Gilot made a motion that the recommendation be accepted and that the Bonds be approved and/or released as outlined above. Mr. Littrell seconded the motion which carried. 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 $2,892,638.44 October 20, 2003 City of South Bend $1,651,192.67 October 27, 2003 03`8 REGULAR MEETING OCTOBER 27, 2003 St. Joseph County Housing Consortium $5,410.11 October 10, 2003 St. Joseph County Housing Consortium $15.07 October 9, 2003 St. Joseph County Housing Consortium $33,400.00 October 9, 2003 Casteel Construction (South Bend Fire Department New Headquarters and Central Fire Station) $686,907.00 October 11, 2003 Mr. Gilot made a motion that the claims be approved and the reports as submitted be filed. Mr. Littrell 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 10:50 a.m. BOARD OF PUBLIC WORKS Gary A. Gilot, President Z'—eo>� Carl P. Littrell, Member Donald E. Inks, Member TEST: Angela k1jacob, Cle c 1 1 1