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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 r 1 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' HE 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 $1,005,675.00/55 Units NEAL'S DODGE 7115 Calumet Avenue Hammond, Indiana 46324 Bid was signed by Mr. Michael McPhillips Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Ten per cent (10%) Bid Bond was submitted 01$ REGULAR MEETING :u 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. 0 1 1 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 r Gary A. Gilot, President 60, z & Carl P. Littrell, Member ALj,// r- Do ald E. Inks, Member ,ATTEST: i 0 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 $ 30.00 017 REGULAR MEETING 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. 1 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 019 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. R ATTFVTMCCCIMFTRMTMC°T 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. 020 REGULAR MEETING 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: 021 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 022 1 1 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: _ U "9 Angela . Jacob, C rk BOARD OF PUBLIC WORKS �Ll JCt -^ tom'\' Gary A. Gilot, President - 6 rAzw, Carl P. Littrell, Member i, J/ �- (�� — Dd6ld E. Inks, Member