HomeMy WebLinkAbout01/28/02 Board of Public Works MinutesREGULAR MEETING JANUARY 28, 2002
The regular meeting of the Board of Public Works was convened at 9:35 a.m. on Monday, January
28, 2002, by Board President Gary A. Gilot, with Mr. Carl P. Littrell and Mr. Donald E. Inks present.
Also present was Board Attorney Thomas Bodnar.
AGENDA STEMS' ADDED
Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the following items were
added to the agenda:
- Claims, City of South Bend
- Claims, Ken Herceg & Associates, Inc.
- Change Order and Project Completion Affidavit -Miami Village Phase I
- Change Order and Project Completion Affidavit - 2001 Concrete Pavement Repairs
- Traffic Control Devices
PUBLIC HEARING - LICENSE APPLICATION FOR 2002 MICHIANA BOAT AND OUTDOOR
SHOW
Mr. Gilot advised that this was the date set for the Board's Public Hearing concerning a License
Application for Transient Merchant as submitted by Mr. Melvin Wood, 15030 Stransbury Court,
Granger, Indiana, to conduct the 2002 Michiana Boat and Outdoor Show at the Century Center on
February 22, 2002, 5:00 a.m. -9:00 p.m.; February 23, 2002, 10:00 a.m. - 9:00 p.m.; February 24,
2002, Noon - 5:00 p.m. for the sale of boats and sporting goods. Favorable recommendations were
received from the Police Department, Fire Department, Building Commissioner, and Legal
Department.
Mr. Melvin Wood was present, and recommended approval. There being no one else 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.
OPENING OF BIDS - ANTI -ICING MATERIALS/EQUIPMENT
This was the date set for receiving and opening of sealed bids for the above referred to equipment
and materials. 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:
SYNTECH PRODUCTS CORPORATION
520 East Woodruff
Toledo, Ohio 43624
Bid was signed by Mr. David Moore
Non -Collusion Affidavit was in order
Non -Discrimination Commitment form was completed
Ten per cent (10%) Bid Security was submitted
BID:
Liquid Magnesium Chloride $0.71/Gallon Delivered
$0.65/Gallon Pick -Up
Corrosion -inhibited Liquid
Magnesium Chloride
Corrosion -inhibited Liquid
Magnesium Chloride with Engineered
Agricultural Additive
$0.76/Gallon Delivered
$0.070/Gallon Pick -Up
$0.85/Gallon Delivered
$0.79/Gallon Pick -Up
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REGULAR MEETING
All following equipment leased to the
City of South Bend, as specified in the
special provisions in the request for
quotation:
JANUARY 28, 2002
$925 per month for 48 months
(4) Liquid Storage Tanks/10,000 gallon capacity
(2) Overhead Liquid Dispensing System
(4) Tak Fill Dispensing System
GREAT LAKES CHLORIDE, INC.
Post Office Box 233
Laketon, Indiana 46943
Bid was signed by Mr. Matthew Wenger
Non -Collusion Affidavit was in order
Non -Discrimination Commitment form was completed
Ten per cent (10%) Bid Bond was submitted
:_D
De-Icing/32% Calcium Chloride
400,000 Gallons Delivered $.498
400,000 Gallons Pick -Up $.498
Anti-Icing/30% Liquid Armor
400,000 Gallons Delivered $.801
400,000 Gallons Pick -Up $.801
Cost of Tanks and Liquid
Dispensing Systems $50,120.00
It was noted that AJP Corporation, 803 Logan Street, Goshen, Indiana, was unable to enter a bid due
to a short lead time in the bid process.
Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the above bids were referred
to the Street Department and the Division of Engineering for review and recommendation.
OPENING OF BIDS - FIFTY-FIVE (55) MORE OR LESS, POLICE PATROL VEHICLES
This was the date set for receiving and opening of sealed bids for the above referred to vehicles. 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:
GATES CHEVROLET CORPORATION
401 South Lafayette Boulevard
South Bend, Indiana 46601
Bid was signed by Mr. Dave Holland, Fleet Manager
Non -Collusion Affidavit was in order
Non -Discrimination Commitment form was NOT completed
Ten per cent (10%) Bid Bond was submitted
me
Fifty-five (55) More or Less
2002 Chevrolet FWD Police Patrol Vehicles $18,092.00/Each
Exceptions: Heated Mirrors Not Available
Limited Slip Not Available
Dual Batteries Not Available'
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REGULAR MEETING
JANUARY 28, 2002
Price Quoted is with Space -Saver Spare Mounted Below Trunk Floor
Full -Size Spare Mounted Above Trunk Floor and Adds $112.00 to Each Vehicle
2002 Key Code Same as 2001 Key Code
Options as specified in submitted bid.
Gates Chevrolet will not guarantee 90-day delivery or any exact delivery dates for all or any of these
vehicles. The Clerk of the Board noted that the Non -Discrimination Commitment Form was
submitted to the Board on January 28, 2002, before 12:00 noon.
HARBOR CHEVROLET-CADILLAC, INC.
3502 East Michigan Boulevard
Michigan City, Indiana 46360
Bid was signed by Mr. Paul Pumroy
Non -Collusion Affidavit was in order
Non -Discrimination Commitment form was completed
Ten per cent (10%) Bid Bond was submitted
BID:
2002 Chevrolet Impala Police Car $18,195.00/Each $1,000,725.00/55 Units
Options as Specified in Submitted Bid.
PINE CHEVROLET
1522 East Lincolnway
LaPorte, Indiana 46350
Bid was signed by Mr. Rick Stanley
Non -Collusion Affidavit was in order
Non -Discrimination Commitment form was completed
Ten per cent (10%) Bid Bond was submitted
2002 Chevrolet Impala Police Car $18,029.44/Each
DAN YOUNG TIPTON, LLC
875 East Jefferson
Tipton, Indiana
Bid was signed by Mr. Jim Goodson
Non -Collusion Affidavit was in order
Non -Discrimination Commitment form was completed
Ten per cent (10%) Bid Bond was submitted
BID:
Impala Police Car Package $18,285.00/Each $1,005,675.00/55 Units
NEAL'S DODGE
7115 Calumet Avenue
Hammond, Indiana 46324
Bid was signed by Mr. Michael McPhillips
Non -Collusion Affidavit was in order
Non -Discrimination Commitment form was completed
Ten per cent (10%) Bid Bond was submitted
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2002 Dodge Intrepid Special Service Police Group
JANUARY 28, 2002
$16,667.15/Each
Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the above bids were referred
to the Division of Equipment Services and the Police Department for review and recommendation.
TABLE RESOLUTION NO. 3-2002 - ADOPT COUNTY WELLHEAD PROTECTION
ORDINANCE
Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the following resolution was
tabled.
APPROVE CLAIMS
Mr. Gilot stated that the following claims were submitted to the Board for approval:
Name
Amount of Claim
Date
Ken Herceg & Associates (Public
Works Service Center)
$ 10,9673.39
December 31, 2001
City of South Bend
$1,397,875.81
January 28, 2002
Mr. Gilot made a motion that the claims be approved and the reports as submitted be filed. Mr. Inks
seconded the motion which carried.
APPROVE CHANGE ORDER NO. 2 (FINAL) AND PROJECT COMPLETION AFFIDAVIT -
MIAMI VILLAGE -PHASE I - KASER-SPRAKER CONSTRUCTION -PROJECT NO. 101-055
Mr. Gilot advised that Mr. Toy Villa, Public Construction Manager, has submitted Change Order
No. 2 (Final) with no monetary change for a new contract sum including this Change Order in the
amount of $33,841.00. Additionally submitted was the Project Completion Affidavit indicating this
new final cost. Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, Change
Order No. 2 (Final) and the Project Completion Affidavit were approved subject to the filing of the
appropriate three-year Maintenance Bond.
APPROVE CHANGE ORDER NO. 3 (FINAL) AND PROJECT COMPLETION AFFIDAVIT -
2001 CONCRETE PAVEMENT REPAIRS - LAPORTE CONSTRUCTION - PROJECT NO. 101-
054
Mr. Gilot advised that Mr. Toy Villa, Public Construction Manager, has submitted Change Order
No. 3 (Final) indicating that the contract amount be increased by $1,574.31 for a new contract sum
including this Change Order in the amount of $246,731.20. Additionally submitted was the Project
Completion Affidavit indicating this new final cost. Upon a motion made by Mr. Inks, seconded by
Mr. Littrell and carried, Change Order No. 3 (Final) and the Project Completion Affidavit were
approved subject to the filing of the appropriate three-year Maintenance Bond.
APPROVE TRAFFIC CONTROL DEVICES
Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the following traffic control
devices were approved:
New Installation - Handicapped Accessible
1802 Caroline
All requirements have been
Parking Space Signs
met.
New Installation - Handicapped Accessible
125 Haney
All requirements have been
Parking Space Signs
met.
RATIFICATION OF PREVIOUSLY APPROVED ITEMS
Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the following agenda items
were ratified. It was noted these agenda items were approved by the Board of Public Works at the
agenda session held on January 23, 2002.
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REGULAR MEETING JANUARY 28, 2002
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 9:53 a.m.
BOARD OF PUBLIC WORKS
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Gary A. Gilot, President
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Carl P. Littrell, Member
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Do ald E. Inks, Member
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Angelo Jacob, CIA
The Public Agenda Session of the Board of Public Works was convened at 8:05 a.m. on Wednesday,
January 23, 2002, by Board President Gary A. Gilot, with Mr. Donald E. Inks present. Also present
was Board Attorney Thomas Bodnar. Board Member Carl P. Littrell was not present.
AGENDA ITEMS ADDED
- Addendum I - Americorps South Bend Program Agency Contract - South Bend Center For the
Homeless
- Addendum I - Americorps South Bend Program Agency Contract - United Way
- Addendum I - Americorps South Bend Program Agency Contract - Boys' & Girls' Clubs
Upon a motion made by Mr. Inks, seconded by Mr. Gilot and carried, the above referred to agenda
items were added.
APPROVE MINUTES OF PREVIOUS MEETING
Upon a motion made by Mr. Inks, seconded by Mr. Gilot and carried, the minutes of the regular
meeting of the Board held on January 14, 2002, were approved.
AWARD BID - SALE OF ABANDONED VEHICLES
Ms. Kathy Dempsey, Code Enforcement, advised the Board that on January 14, 2002, bids were
received and opened for the above referred to vehicles. After reviewing those bids, Ms. Dempsey
recommends that the Board award the bids to the highest bidders as follows:
STEVE & GENE'S
3109 Gertrude Street
South Bend, Indiana 46614
No.
Make of Vehicle
Year
Vin #
Bid
6
AMC EAGLE PREMIER
1988
2XMJP5593JA034794
$ 30.00
Total $ 30.00
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TOM BROWNING
31355 State Road 4
North Liberty, Indiana 46554
JANUARY 28, 2002
No.
Make of Vehicle
Year
Vin #
Bid
2
GMC PICK-UP
1982
JCTCS14B5C2506604
$125.00
4
BUICK CENTURY
1980
4H69AAH193873
$ 50.00
5
FORD ESCORT
1993
1FAPPlHJXCPW263547
j $125.00
Total $300.00
THOMAS SKAACK
10010 Pritt Lake Trail
Plymouth, Indiana 46563
No.
Make of Vehicle
Year
Vin #
Bid
1
SATURN
1982
1G8SK547N2162782
$321.88
Total $321.88
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 REOUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - ROLAND COURT
CONSTRUCTION (SOUTHEAST NEIGHBORHOOD_ REDEVELOPMENT - PHASE II/TITLE
SHEET) - PROJECT NO. 102-015
In a memorandum to the Board, Mr. Marco Mariani, Community Develop requested permission to
advertise for the receipt of bids for the above referred to project. Mr. Mariani stated that this project
will construct twelve (12) new houses in the Southeast Neighborhood per the City's partnership with
American Home Dreams, Inc. Therefore, upon a motion made by Gilot, seconded by Inks and
carried, the Title Sheet and request to advertise were approved.
APPROVAL OF APPLICATION FOR RESIDENTIAL _TAX ABATEMENT FOR ROLAND
COURT LOTS
Mr. Gilot stated that the application for the twelve lots that comprise the Roland Court Housing
Development in the Southeast Neighborhood was submitted to the Board as part of the City's
partnership with American Home Dreams, Inc. The Board of Public Works has agreed to submit
the application for tax abatement to support the development. Upon the motion made by Mr. Inks,
seconded by Mr. Gilot and carried, the Application for Residential Tax Abatement for Roland Court
Lots was approved.
APPROVE REOUEST TO ADVERTISE FOR RECEIPT OF BIDS - SALE OF ABANDONED
VEHICLES
Mrs. Kathy Davis, Director, Department of Code Enforcement, requested permission to advertise
for the sale of approximately thirteen (13) 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. Inks and
carried, the above request was approved.
APPROVAL OF REOUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - 2002 GOOD
NEIGHBORS/ GOOD NEIGHBORHOODS CURB, SIDEWALK, APPROACH IMPROVEMENT
PROGRAM - PROJECT NO. 102-019
In a memorandum to the Board, Mr. Toy Villa, Public Construction Manager, requested permission
to advertise for the receipt of bids for the above referred to project. Mr. Villa stated that this project
will, for the eighth year, assist resident homeowners improve the frontage on their properties.
Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the request was
approved.
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REGULAR MEETING JANUARY 28, 2002
APPROVE CHANGE ORDER - PARKING GARAGE REPAIRS - ST. JOSEPH/JEFFERSON
AND MAIN/COLFAX - KASER-SPRAKER CONSTRUCTION - PROJECT NO. 101-080
Mr. Gilot advised that Mr. Toy Villa, Public Construction Manager, has submitted Change Order
No. 1 on behalf of Kaser-Spraker Construction, 25487 West State Road 2, South Bend, Indiana
indicating that the Contract amount be increased $12,425.00 for a new Contract sum including this
Change Order in the amount of $75,542.00. Upon a motion made by Mr. Inks, seconded by Mr.
Gilot and carried, the Change Order was approved.
APPROVE THE FINAL CHANGE ORDER AND PROJECT COMPLETION AFFIDAVIT -
FISHER STREET IMPROVEMENTS - OLIVE RAMP TO MEADE ST. - WALSH & KELLY
INC. - PROJECT NO. 101-034
Mr. Gilot advised that Mr. Toy Villa, Public Construction Manager, has submitted the Final Change
Order on behalf of Walsh & Kelly, Inc., 24358 State Road 23, South Bend, Indiana, indicating that
the contract amount be decreased by $2,783.55 for a new contract sum including this Change Order
in the amount of $96,172.60. 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,
the Final Change Order and the Project Completion Affidavit were approved subject to the filing of
the appropriate three-year Maintenance Bond.
APPROVAL OF AGREEMENT - DEVELOPMENT AGREEMENT BETWEEN AMERICAN
HOME DREAMS, INC. AND CITY OF SOUTH BEND
Mr. Gilot stated that the Board is in receipt of an Agreement between the City of South Bend and
American Home Dreams, Inc., 316 S. Eddy Street, South Bend, Indiana, for the City's ongoing
partnership with American Home Dreams, Inc. to construct twelve (12) new houses in the Southeast
Neighborhood on or before June 2, 2003. The new development is called Roland Court. Mr. Juan
Manigault was present and stated that this project will encompass $1.5 million of value in these
homes. In addition, he stated that American Home Dreams will construct sidewalks in the
development area. It was noted that Mr. Jon Hunt, Director of Community & Economic
Development, is a board member of American Home Dreams. Therefore, upon a motion made by
Mr. Inks, seconded by Mr. Gilot and carried, the Agreement was approved and executed.
APPROVAL OF ADDENDUM II - DEMAUDE/CALIFORNIA/WOODWARD - DCW
TRIANGLE AND SCOTT LINDSEY REVITALIZATION - NEAR NORTHWEST
NEIGHBORHOOD, INC.
Mr. Gilot stated that the Board is in receipt of an Addendum II between the City of South Bend and
Near Northwest Neighborhood, Inc., South Bend, Indiana, for extension of the Contract to June 30,
2002. Therefore, upon a motion made by Mr. Inks, seconded by Mr. Gilot and carried, the
Addendum II was approved and executed.
APPROVAL OF RECOMMENDATION - TO CONDUCT "LIFE OF A CHILD" PARADE
Mr. Gilot stated that favorable recommendations have been received by the Division of Engineering,
Park Department, Police Department and the City Attorney's office, in reference to a request as
submitted by Debbie Remble to conduct the above referred to parade on February 10, 2002 on the
designated route as submitted. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Inks
and carried, the recommendation was approved.
APPROVAL OF RECOMMENDATION - TO CONDUCT A ST PATRICK'S DAY PARADE
Mr. Gilot stated that favorable recommendations have been received by the Division of Engineering,
Park Department, Police Department and the City Attorney's office, in reference to a request as
submitted by The Shamrock Club, c/o Joe Walsh, 54922 Luan Drive, Osceola, Indiana to conduct
the above referred to parade March 16, 2002 on the designated route as submitted. Therefore, upon
a motion made by Mr. Inks, seconded by Mr. Gilot and carried, the recommendation was approved.
APPROVAL OF RECOMMENDATION - TO CONDUCT THE KEYBANK SALMON CHASE
5K AND 1 OK
Mr. Gilot stated that favorable recommendations have been received by the Division of Engineering,
Park Department, Police Department and the City Attorney's office, in reference to a request as
submitted by Ms. Wendy Chapman of the Madison Center and The College Football Hall of Fame,
403 East Madison Street, South Bend, Indiana, to conduct the above referred to run and walk
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REGULAR MEETING
JANUARY 28, 2002
September 21, 2002 on the designated route as submitted. Therefore, upon a motion made by Mr.
Gilot, seconded by Mr. Inks and carried, the recommendation was approved.
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COMPROMISE AND SETTLEMENT AGREEMENT RELATED TO ACQUISITION OF
PROPERTIES IN THE STUDEBAKER CORRIDOR
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. 1-2002
A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND,
INDIANA RATIFYING, CONFIRMING AND APPROVING COMPROMISE AND
SETTLEMENT AGREEMENT RELATED TO ACQUISITION OF PROPERTIES IN THE
STUDEBAKER CORRIDOR
WHEREAS, Allied Products Corporation ("Allied") is the owner of certain properties located
within the City of South Bend which are commonly known as the former "Stamping Plant" and the
"Oliver Plow Works" ("Property"), and more particularly described in Exhibit "A" attached hereto
and incorporated herein;
WHEREAS, the City of South Bend, Indiana (the "City") has determined that the acquisition
and remediation of the Property ("Project") is in the best interests of the City; and
WHEREAS, the City and Allied have reached an agreement whereby the City agrees to buy
and Allied agrees to sell the Property to City under the terms and conditions contained in a
Compromise and Settlement Agreement ("Agreement") executed by Allied on January 9, 2002
attached hereto and incorporated herein as Exhibit "B"); and
WHEREAS, the Agreement between Allied and City is subject to final approval by the
Bankruptcy Court for the Northern District of Illinois and a motion seeking Court approval is
currently pending before the Court;
WHEREAS, the City believes that the Project as described in the Agreement is in the best
interests of the health, safety and the social and economic welfare of the City and its residents and
that the Project complies with federal, state and local laws under which the Project has been
undertaken and is being assisted; and
WHEREAS, pursuant to Indiana Code § 36-4-5-3, the Mayor for the City of South Bend is
empowered to sign contracts of the City; and
WHEREAS, in order to facilitate the Project, the Mayor has heretofore executed the
Agreement on behalf of the City pursuant to I.C. § 36-4-5-3; and
WHEREAS, the Board of Public Works desires to ratify the Agreement;
NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South
Bend, Indiana as follows:
1. The actions taken by the Mayor of the City of South Bend relating to the Project,
including the execution of the Agreement on behalf of the City are hereby in all respects
ratified, confirmed and approved.
2. This Resolution shall be in full force and effect after its adoption by the Board of
Public Works.
ADOPTED at a meeting of the Board of Public Works of the City of South Bend,
Indiana held on January 23, 2002 at 1300 County -City Building, 227 West Jefferson
Boulevard, South Bend, Indiana 46601.
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JANUARY 28, 2002
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
s/Gary A. Gilot, President
s/Donald E. Inks, Member
ADOPT RESOLUTION NO. 2-2002 - ADOPTING A WRITTEN FISCAL PLAN AND
ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION
AREA IN GERMAN TOWNSHIP �RICHARD MURPHY ANNEXATION AREA)
Upon a motion made by Mr. Inks, seconded by Mr. Gilot and carried, the following Resolution was
adopted by the Board of Public Works:
RESOLUTION NO. 2-2002
A RESOLUTION OF THE BOARD OF PUBLIC WORKS COMMISSIONERS
OF THE CITY OF SOUTH BEND ADOPTING A WRITTEN FISCAL PLAN AND
ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION
AREA IN GERMAN TOWNSHIP
(RICHARD MURPHY 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 I, page I I in Exhibit "A" attached hereto and incorporated
herein; and
WHEREAS, the territory proposed to be annexed encompasses approximately 1.62 acres
on which is situated a vacant single family home, which property is at least 12.1 % contiguous to the
current City limits, i.e., approximately 16.3% contiguous, generally located at the southwest corner
of Olive Road and the Cleveland Road intersection in German Township, Indiana. The annexation
territory is proposed by its owner, the South Bend Redevelopment Commission, for development
of an expanded right-of-way with any remainder as public land. This redevelopment 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, and services of
a capital improvement nature, including street and road construction, a street lighting system, a storm
water system, a sanitary sewer system, and a water distribution 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 four (4) 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:
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REGULAR MEETING
JANUARY 28, 2002
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 I, page 11 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, 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 sanitary sewer system, a water distribution
system, street and road construction, and a street lighting system within four (4) 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 in relevant part that existing water and sewer
mains are sufficient to service this area, that the Motor Vehicle Highway Fund and Local Road and
Street Fund will provide sufficient revenue to pay for street maintenance, sweeping and snow
removal and, that the City of South Bend will bear the expense of electricity for a street lighting
system from the General Fund, all as set more specifically at page 5 and 7 of Exhibit "A".
Adopted the 23rd day of January 2002.
BOARD OF PUBLIC WORKS
OF THE CITY OF SOUTH BEND, INDIANA
s/Gary Gilot, President
s/Donald E. Inks, Member
APPROVAL OF AUTHORIZATION FOR ENTRY UPON PUBLIC PROPERTY FOR DRILLING
PURPOSES
Mr. Gilot stated that the Board is in receipt of an Authorization For Entry Upon Public Property for
Drilling Purposes submitted by Mr. Alan Schmidt, RMT, Inc., 222 South Riverside Plaza, Suite 820,
Chicago, Illinois. The document requests access to property along the 2000 block of West
Washington Street, West Orange (between Huey and Grant Streets), and O'Brien Street (between
Orange and West Washington Streets), South Bend, Indiana, for the purpose of drilling holes and
test wells. This permission will be needed until February 15, 2002. Therefore, Mr. Gilot made a
motion that the request be approved. 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 Ferdinand J. and Sandra J. Krizmanich. The Consent indicates that in
consideration for permission to tap into the public sanitary sewer system of the City, to provide
sanitary sewer service to 18000 Bariger Place, South Bend, Indiana, (Key #02-1171-8158), the
Krizmanichs' waive and release 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. Gilot made a motion
that the Consent be approved. Mr. Inks seconded the motion which carried.
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
LaMar Colley dba Colley Concrete Released effective January 23, 2002
Ziolkowski Construction, Inc. Approved January 23, 2002
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REGULAR MEETING JANUARY 28, 2002
EXCAVATION BONDS
Ziolkowski Construction, Inc. Approved January 23, 2002
Northern Indiana Construction, Inc. Approved January 22, 2002 - Pursuant to
Res. No. 100-2000
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.
FILING OF CERTIFICATE OF INSURANCE
Upon a motion made by Mr. Inks, seconded by Mr. Gilot and carried, the following Certificate of
Insurance was accepted for filing:
Pioneer Associates, Inc.
P.O. Box 145
Leo, IN 46765
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
$1,729,806.55
January 21, 2002
St. Joseph County Housing
Consortium
$ 5,468.00
$ 331.00
January 15, 2002
St. Joseph County Housing
Consortium
$ 331.00
January 15, 2002
Mr. Inks made a motion that the claims be approved and the reports as submitted be filed. Mr. Gilot
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 8:38.
TEST:
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Angela . Jacob, C rk
BOARD OF PUBLIC WORKS
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Gary A. Gilot, President
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Carl P. Littrell, Member
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Dd6ld E. Inks, Member