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HomeMy WebLinkAbout03/26/01 Board of Public Works Minutes6V� REGULAR MEETING MARCH 26, 2001 The regular meeting of the Board of Public Works was convened at 9:40 a.m. on Monday, March 26, 2001, by Board President Gary A. Gilot, with Ms. M. Catherine Roemer present. Also present was Board Attorney Frank Schaffer. ADD/REMOVE AGENDA ITEMS Upon a motion made by Ms. Roemer, seconded by Mr. Gilot and carried, the following items were added/removed to the agenda: Change Order - LePeep Restaurant - Added Change Order - Demolition of Studebaker Building #69 - Added Traffic Control Devices - Added Bond - Alpine Construction - Removed APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Gilot, seconded by Ms. Roemer and carried, the minutes of the regular meeting of the Board held on March 12, 2001, were approved. PUBLIC HEARING -APPLICATION FOR TRANSIENT MERCHANTS LICENSE - MICHIANA GEM AND MINERAL SHOW 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 Ms. Margaret Heinek, 7091 E. East Park Lane, New Carlisle, Indiana, to conduct the Michiana Gem and Mineral Show at the Century Center April 6 through 8, 2001, and August 31 to September 2, 2001. It was noted favorable recommendations were received from the Police Department, Fire Department, Building Commissioner and the City Attorney's Office. Ms. Margaret Heinek was present to address the Board concerning this matter and recommended approval of this license. Therefore, upon a motion made by Mr. Gilot, seconded by Ms. Roemer and carried, the Application for a Transient Merchant License was approved. OPENING OF QUOTATIONS-SIGNALIZATION EQUIPMENT - PROJECT NO 101-022 Mr. Gilot advised that this was the date set for the receiving and opening of sealed Quotations for the above referred to equipment. There were no quotations received for this project. Mr. Gilot recommended that the City Engineer, Mr. Carl Littrell, proceed with contacting suppliers and purchasing the needed equipment. Upon a motion made by Mr. Gilot, seconded by Ms. Roemer and carried, the above recommendation was approved. OPENING OF BIDS - TWO (2) MORE OR LESS NEW PORTABLE ROTARY SCREW 185 C.F.M. AIR COMPRESSORS This was the date set for receiving and opening of sealed bids for the above referred to equipment. 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: HOLT EQUIPMENT COMPANY LLC 25166 West State Road #2 South Bend, Indiana 46619 Bid was signed by Mr. Kevin Bronkema Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Ten per cent (10%) Bid Bond was submitted e 2 (Two) 185DPQ-JD Sullair Compressor Per Our Specification $11,429.00/unit $22,858.00 total l occ REGULAR MEETING MARCH 26, 2001 1 W6SS INDUSTRIES, INC 720 Boyd Boulevard LaPorte, Indiana 46350 Bid was signed by Mr. Paul A. Wilkins Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Ten per cent (10%) Bid Bond was submitted IC W 2 (Two) 185 Portable Air Compressors Boss -Smith 185 DHB with options $11,900.00/unit $23,800.00 total SUNBELT RENTAL 2222 West Washington Street South Bend, Indiana 46628 Bid was signed by Mr. Jeff Erdeloc Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Ten per cent (10%) Bid Bond was submitted on 1 (One) Portable Air Compressor 185 CFM $10,250.00 MACDONALD MACHINERY CO., INC. 3911 Limestone Drive Fort Wayne, Indiana 46809 Bid was signed by Mr. Mark J. Johnston Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Ten per cent (10%) Bid Bond was submitted . m 2 (Two) P185WJD Air Compressors $10,400.00/unit UNITED RENTALS 56475 Peppermint Road South Bend, Indiana 46619 Bid was signed by Mr. Tim Rhodes Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Ten per cent (10%) Bid Bond was submitted BID: 2 (Two) 185Q Sullair with Jack Hammer $13,575.00/unit $27,150.00 HOLT EQUIPMENT COMPANY, LLC 25166 West State Road #2 South Bend, Indiana 46619 r REGULAR MEETING MARCH 26, 2001 Bid was signed by Mr. Kevin Bronkema Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Ten per cent (10%) Bid Bond was submitted BID: 2 (Two) 185DPQ-JD Sullair Compressor Per Our Specification $11,429.00/unit $22,858.00 Upon a motion made by Mr. Gilot, seconded by Ms. Roemer and carried, the above bids were referred to Central Services for review and recommendation. AWARD BIDS - MISCELLANEOUS VEHICLES Mr. Matthew Chlebowski, Director, Equipment Services, advised the Board that on March 12, 2001, bids were received and opened for the above referred to vehicles. After reviewing those bids, Mr. Chlebowski recommends that the Board award the contract to the lowest responsive and responsible bidders, as follows: Harbor Automotive Group, Inc. Five (5) Mid Size Pre -Owned Automobiles 3502 East Michigan Boulevard $57,000.00 Michigan City, Indiana 46360 Pine Chevrolet Two (2) New Compact Automobiles 1522 East Lincolnway $22,938.00 LaPorte, Indiana 46350 Gates Chevrolet Four (4) 2WD Pick Up Trucks 401 South Lafayette $76,965.00 South Bend, Indiana 46601 Six (6) 4WD Pick Up Trucks $141,430.00 Seven (7) New AWD Cargo Vans $139,331.00 Five (5) Compact Pre -Owned Automobiles $45,000.00 One (1) New Four Wheel Drive Van $20,944.00 Note: Low Bid of Erik's Chevrolet does not meet specifications. Therefore, Ms. Roemer made a motion that the recommendation be accepted and the bids be awarded as outlined above. Mr. Gilot seconded the motion which carried. AWARD BID - BIOSOLIDS TRUCKING FOR 2001 Mr. Ken Zmudzinksi, Environmental Services, advised the Board that on March 12, 2001, bids were received and opened for the above referred to service. After reviewing those bids, Mr. Zmudzinski recommends that the Board award the contract to the lowest responsive and responsible bidder as follows: JDS Trucking 19039 Glendale Avenue South Bend, Indiana 46637 $59.95/Hour - Weekday $68.00/Hour - Saturday Therefore, Ms. Roemer made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mr. Gilot seconded the motion which carried oars r REGULAR MEETING MARCH 26, 2001 AWARD BID - TWO HUNDRED (200) TRIMBLE G.P.S. VEHICLES PACKAGES AND ONE (1) MANUAL Captain Gary Horvath, Police Department, advised the Board that on March 12, 2001, bids were received and opened for the above referred to equipment. After reviewing those bids, Captain Horvath recommends that the Board award the contract to the sole bidder Motorola Inc., 401 Institute, Valparaiso, Indiana in the amount of $133,671.00. Therefore, Ms. Roemer made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mr. Gilot seconded the motion which carried. APPROVAL OF REOUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - TWO (2) MORE OR LESS, HEAVY DUTY TWO TON CREW TRUCKS In a memorandum to the Board, Mr. Matthew Chlebowski, Director, Equipment Services, requested permission to advertise for the receipt of bids for the above referred to vehicles, for use by the Sewer Department. Therefore, upon a motion made by Mr. Gilot, seconded by Ms. Roemer and carried, the request to advertise for the receipt of bids was approved. APPROVAL OF REOUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - SIX (6) MORE OR LESS, REGENERATIVE AIR STREET SWEEPERS In a memorandum to the Board, Mr. Matthew Chlebowski, Director, Equipment Services, requested permission to advertise for the receipt of bids for the above referred to vehicles, for use by the Street Department. Therefore, upon a motion made by Mr. Gilot, seconded by Ms. Roemer and carried, the request to advertise for the receipt of bids was approved. APPROVAL OF REOUEST TO ADVERTISE FOR THE RECEIPT OF BIDS/TITLE SHEET - RUM VILLAGE NEIGHBORHOOD PARTNERSHIP CENTER - KENDALL STREET - PROJECT NO.100-70 In a memorandum to the Board, Ms. Jennifer Mielke, Planner, Community Development, requested permission to advertise for the receipt of bids for the above referred to project. Mr. Littrell stated that this project will improve the curbs and sidewalks on Kendall Street between Indiana Avenue and Calvert Street in the Rum Village area. Therefore, upon a motion made by Mr. Gilot, seconded by Ms. Roemer and carried, the request to advertise for the receipt of bids was approved. In addition, the Title Sheet for the above referred to project was approved. APPROVE REQUEST 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 seventeen (17) 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 lien -holders notified. Upon a motion made by Mr. Gilot, seconded by Ms. Roemer and carried, the above request was approved. APPROVE CHANGE ORDER - SECONDARY CLARIFIER IMPROVEMENTS - BOWEN ENGINEERING CORPORATION - PROJECT NO. 98-18 Mr. Gilot advised that Mr. Jack Dillon, Director, Environmental Services, has submitted Change Order No. 6 on behalf of Bowen Engineering Corporation, 1260 Summit Street, Crown Point, Indiana, indicating that the Contract amount be increased $50,473.00 for a new Contract sum including this Change Order in the amount of $5,722,076.00. Upon a motion made by Mr. Gilot, seconded by Ms. Roemer and carried, the Change Order was approved. APPROVE CHANGE ORDER - DEMOLITION OF STUDEBAKER BUILDING 69 - 730 UNITED DRIVE - PROJECT NO, 100-87 Mr. Gilot advised that Mr. Toy Villa, Public Construction Manager, has submitted Change Order No 2. On behalf of Warner and Sons indicating that the Contract completion date be extended by five days with no monetary change to the Contract. Upon a motion made by Ms. Roemer, seconded by Mr. Gilot and carried, the Change Order was approved. oo i) E REGULAR MEETING MARCH 26, 2001 APPROVE CHANGE ORDER - LEPEEP RESTAURANT - PLUMBING AND HEATING - PROJECT NO. 100-99 Mr. Gilot advised that Mr. Carl Littrell, City Engineer, has submitted Change Order No. 1 on behalf of Dominiak Mechanical, 1137 Western, South Bend, Indiana indicating that the Contract amount be increased $850.00 for a new Contract sum including this Change Order in the amount of $43,541.00. Upon a motion made by Ms. Roemer, seconded by Mr. Gilot and carried, the Change Order was tabled subject to funding review. APPROVAL OF SERVICE AGREEMENT - SANITARY SEWER AND WATERMAIN DESIGN - SOUTH SIDE SEWER AND WATER MAIN EXTENSION - PHASE III - PROJECT NO. 101- 020 Mr. Gilot stated that the Board is in receipt of an Agreement between the City of South Bend and Lawson Fisher Associates, 525 West Washington, South Bend, Indiana, for professional design services for the above referred to project. Mr. Gilot noted that the Agreement is in the amount of $105,450.00. Therefore, upon a motion made by Ms. Roemer, seconded by Mr. Gilot and carried, the Agreement was approved and executed. APPROVAL OF AGREEMENT SURVEY SERVICES FOR THE RENOVATION OF THE MUNICIPAL SERVICES FACILITY Mr. Gilot stated that the Board is in receipt of an Agreement between the City of South Bend and DLZ Indiana, Inc., for the above referred to project. Mr. Gilot noted that the Agreement is in the amount of $24,300.00. Therefore, upon a motion made by Mr. Gilot, seconded by Ms. Roemer and carried, the Agreement was approved and executed. APPROVAL OF AGREEMENT - ADMINISTRATION SERVICES - PROGRAMMING - DESIGN OF RENOVATION OF THE MUNICIPAL SERVICES FACILITY Mr. Gilot stated that the Board is in receipt of an Agreement between the City of South Bend and DLZ Indiana, Inc., for administration and design programming services for the renovation of the Municipal Services Facility. Mr. Gilot noted that the Agreement is not to exceed the amount of $210,000.00. Therefore, upon a motion made by Mr. Gilot, seconded by Ms. Roemer and carried, the Agreement was approved and executed. APPROVE COMMUNITY DEVELOPMENT CONTRACTS/ADDENDUM The following Community Development Contracts were presented to the Board for approval: Addendum I - Division of Community Development Extension for 2000 CDBG funds to December 31, 2001 South Bend Police Department Neighborhood Watch $ 60,000 South Bend Police Department Foot Patrol $ 90,000 Boy's & Girls Club $ 40,000 Grace Community Center $ 20,000 Real Services Guardianship Program $ 12,000 Real Services Adult Crime Victim Program $ 12,000 Community Coordinated Child Care Program Child Cars $ 62,000 LaCasa De Amistad $ 20,000 YWCA Outreach Program $ 68,000 Indiana Plan $ 39,750 REGULAR MEETING MARCH 26, 2001 Family and Children's Center $ 45,000 Counseling South Bend Heritage Administration $150,000 Foundation Division of Community Counseling $ 60,000 Development Plan and Administration $216,601 Program Delivery $251,255 Human Rights Commission $ 13,000 Youth Development $ 10,000 Commission Upon a motion made by Ms. Roemer, seconded by Mr. Gilot and carried, the above referred to Contracts and Addendum were approved and executed. ADOPT RESOLUTION NO. 16-2001 - ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CENTRE TOWNSHIP (SCARBOROUGH DEVELOPMENT ANNEXATION AREA Upon a motion made by Mr. Gilot, seconded by Ms. Roemer and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 16-2001 A RESOLUTION OF THE BOARD OF PUBLIC WORKS 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 CENTRE TOWNSHIP (SCARBOROUGH DEVELOPMENT 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 Centre Township, St. Joseph County, Indiana, which is described more particularly on page 11 of Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the territory proposed to be annexed encompasses approximately 29.05 acres of land together with a house, which property is at least 12.1 % contiguous to the current City limits, i.e. approximately 23.8% contiguous, generally located on the south side of Kern Road approximately 1,200 feet West of U.S. 31 South in Centre Township, Indiana. The annexation territory is proposed for development of a single-family subdivision and 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 1 001V REGULAR MEETING MARCH 26, 2001 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 Centre Township, St. Joseph County, Indiana, described more particularly on page 11 of Exhibit "A" 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 ofPublic 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, among other things, that existing water mains and planned extensions are sufficient to service this area, that the developer will plan for storm water control and install a proper storm system, as well as any necessary extension of the sewer main line to service this area, that the developer will construct new public streets to access proposed lots for development, that the developer will further provide street lighting within the subdivision, with the City to pay for the street light operations once the lighting system is installed. Adopted the 26r' day of March 26, 2001. BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA s/Gary Gilot, President s/M. Catherine Roemer, Member s/Donald E. Inks, Member ATTEST: s/Angela K. Jacob, Clerk ADOPT RESOLUTION NO. 17-2001 - ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CLAY TOWNSHIP (1VIACRI/LAFREE ANNEXATION AREA) Upon a motion made by Ms. Roemer, seconded by Mr. Gilot and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 17-2001 A RESOLUTION OF THE BOARD OF PUBLIC WORKS 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 CLAY TOWNSHIP (MACRI/LAFREE ANNEXATION AREA) 00 2 REGULAR MEETING MARCH 26, 2001 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 Clay Township, St. Joseph County, Indiana, which is described more particularly on page 11 of Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the territory proposed to be annexed encompasses approximately 4.44 acres of vacant land, which property is at least 12.1% contiguous to the current City limits, i.e. approximately 12.5% contiguous, generally located on the north side of Juday Creek, about 200 feet of the end of MacErlain Avenue in Clay Township, Indiana. This 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, 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 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 Clay Township, St. Joseph County, Indiana, described more particularly on page 11 of Exhibit "A" 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, among other things, that existing water mains are sufficient to service this area, that the developer will plan for storm water control and install a proper storm system, as well as an extension of the sewer main line to service this area, that the developer will construct new public streets to access proposed lots for development, that the developer will further provide street lighting within the subdivision, with the City to pay for the street 1 REGULAR MEETING light operations once the lighting system is installed. Adopted the 26`' day of March, 2001. ATTEST: s/Angela K. Jacob, Clerk MARCH 26, 2001 BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA s/Gary Gilot, President s/M. Catherine Roemer, Member s/Donald E. Inks, Member ADOPT RESOLUTION NO. 18-2001 - DISPOSAL OF CITY OWNED PROPERTY Upon a motion made by Mr. Gilot, seconded by Ms. Roemer and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 18-2001 WHEREAS, I.C. 36-9-6-1 gives the Board of Public Works of the City of South Bend the right and duty to have custody of, control of, use of, and dispose of in accordance with Indiana statutes, all real and personal property owned by the City of South Bend; and WHEREAS, the Common Council of the City of South Bend passed as amended on January 9, 1995, Ordinance No. 8570-95 which states that upon retirement with twenty (20) or more years of service: "Upon retirement with twenty (20) or more years of service to the City of South Bend, Indiana, a sworn member of the South Bend Fire Department shall be entitled to retain as his or her own personal property, the fire helmet used by such Firefighter immediately prior to giving notice of his or her retirement." and WHEREAS, WALTER WEST has retired from the South Bend, Indiana Fire Department after twenty (20) or more years of service, and the Board of Public Safety of the City of South Bend, Indiana has determined that he has retired in good standing; and WHEREAS, I.C.. 36-1-11-6 permits and established procedure for disposal of personal property which is no longer needed by the City and which is unfit for the purpose for which it was intended; and WHEREAS, Chief Luther Taylor has advised that the fire helmet previously worn by this Firefighter is of no further use to the Department and of no practical value; NOW, THEREFORE, BE IT RESOLVED, by the Board of Public Works of the City of South Bend that the fire helmet worn by this Firefighter is no longer needed by the City and unfit for the purpose for which it was intended and has an estimated fair market value of less than One Thousand ($1,000.00) Dollars. BE IT FURTHER RESOLVED that said property be disposed of in accordance with Ordinance 8570-95 and removed from the City inventory. Adopted this 26t" day of March, 2001 BOARD OF PUBLIC WORKS s/Gary A. Gilot, President s/M. Catherine Roemer, President s/Donald E. Inks, Member REGULAR MEETING ATTEST: s/Angela K. Jacob, Clerk MARCH 26, 2001 ADOPT RESOLUTION NO. 19-2001 - DISPOSAL OF CITY OWNED PROPERTY Upon a motion made by Mr. Gilot, seconded by Ms. Roemer and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 19-2001 WHEREAS, I.C. 36-9-6-1 gives the Board of Public Works of the City of South Bend the right and duty to have custody of, control of, use of, and dispose of in accordance with Indiana statutes, all real and personal property owned by the City of South Bend; and WHEREAS, the Common Council of the City of South Bend passed as amended on January 9, 1995, Ordinance No. 8570-95 which states that upon retirement with twenty (20) or more years of service: "Upon retirement with twenty (20) or more years of service to the City of South Bend, Indiana, a sworn member of the South Bend Fire Department shall be entitled to retain as his or her own personal property, the fire helmet used by such Firefighter immediately prior to giving notice of his or her retirement." and WHEREAS, PAUL SZYNSKI has retired from the South Bend, Indiana Fire Department after twenty (20) or more years of service, and the Board of Public Safety of the City of South Bend, Indiana has determined that he has retired in good standing; and WHEREAS, I.C.. 36-1-11-6 permits and established procedure for disposal of personal property which is no longer needed by the City and which is unfit for the purpose for which it was intended; and WHEREAS, Chief Luther Taylor has advised that the fire helmet previously worn by this Firefighter is of no further use to the Department and of no practical value; NOW, THEREFORE, BE IT RESOLVED, by the Board of Public Works of the City of South Bend that the fire helmet worn by this Firefighter is no longer needed by the City and unfit for the purpose for which it was intended and has an estimated fair market value of less than One Thousand ($1,000.00) Dollars. BE IT FURTHER RESOLVED that said property be disposed of in accordance with Ordinance 8570-95 and removed from the City inventory. Adopted this 26t' day of March, 2001. BOARD OF PUBLIC WORKS s/Gary A. Gilot, President s/Donald E. Inks, Member s/M. Catherine Roemer, Member ATTEST: s/Angela K. Jacob, Clerk ADOPT RESOLUTION NO. 20-2001 - DISPOSAL OF CITY OWNED PROPERTY Upon a motion made by Mr. Gilot, seconded by Ms. Roemer and carried, the following Resolution was adopted by the Board of Public Works: 1 1 1 A a� REGULAR MEETING MARCH 26, 2001 RESOLUTION NO. 20-2001 WHEREAS, I.C. 36-9-6-1 gives the Board of Public Works of the City of South Bend the right and duty to have custody of, control of, use of, and dispose of in accordance with Indiana statutes, all real and personal property owned by the City of South Bend; and WHEREAS, the Common Council of the City of South Bend passed as amended on January 9, 1995, Ordinance No. 8570-95 which states that upon retirement with twenty (20) or more years of service: "Upon retirement with twenty (20) or more years of service to the City of South Bend, Indiana, a sworn member of the South Bend Fire Department shall be entitled to retain as his or her own personal property, the fire helmet used by such Firefighter immediately prior to giving notice of his or her retirement." and WHEREAS, MICHAEL BELLA has retired from the South Bend, Indiana Fire Department after twenty (20) or more years of service, and the Board of Public Safety of the City of South Bend, Indiana has determined that he has retired in good standing; and WHEREAS, I.C.. 36-1-11-6 permits and established procedure for disposal of personal property which is no longer needed by the City and which is unfit for the purpose for which it was intended; and WHEREAS, Chief Luther Taylor has advised that the fire helmet previously worn by this Firefighter is of no further use to the Department and of no practical value, NOW, THEREFORE, BE IT RESOLVED, by the Board of Public Works of the City of South Bend that the fire helmet worn by this Firefighter is no longer needed by the City and unfit for the purpose for which it was intended and has an estimated fair market value of less than One Thousand ($1,000.00) Dollars. BE IT FURTHER RESOLVED that said property be disposed of in accordance with Ordinance 8570-95 and removed from the City inventory. Adopted this 26t' day of March 2001. BOARD OF PUBLIC WORKS s/Gary A. Gilot, President s/Donald E. Inks, Member s/M. Catherine Roemer, Member ATTEST: s/Angela K. Jacob, Clerk ADOPT RESOLUTION NO. 21-2001 - ACCEPTING THE TRANSFER OF REAL PROPERTY FROM THE CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT Upon a motion made by Mr. Gilot, seconded by Ms. Roemer and carried, the following Resolution was adopted by the Board of Public Works: WHEREAS, the City of South Bend, Indiana, Department of Redevelopment ("City") is the owner of the real property and improvements described at Exhibit A, hereto, situated in St. Joseph County, Indiana ("Property"); and WHEREAS, pursuant to I.C. 36-7-14-13, the South Bend Redevelopment Commission ("Redevelopment Commission") is the governing body of the City of South Bend, Department of Redevelopment and, pursuant to I.C. 36-7-14-12.2 and I.C. 36-1-11-8 may dispose of the Property; f)0 49 REGULAR MEETING MARCH 26, 2001 and WHEREAS, Redevelopment, through the Commission, is desirous of transferring the Real Property to the City of South Bend, Indiana, Board of Public Works ("Board"); and WHEREAS, pursuant to I.C. 3 6-1-11-8, Redevelopment, acting through the Commission and the City, acting by and through the Board, may exchange or transfer property with one another upon terms and conditions agreed upon by the two (2) entities as evidenced by the adoption of substantially identical resolutions of each entity; and WHEREAS, the South Bend Redevelopment Commission, at its meeting of -,2001 adopted its Resolution No. approving the transfer of the Real Property to the City for One Dollar and 00/100 ($1.00) and upon the terms described hereinabove. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS FOR THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS THAT: The transfer of Property situated in St. Joseph County, Indiana for One and 00/100 Dollar ($1.00) and upon the terms set forth hereinabove, by the City of South Bend, Indiana, Department of Redevelopment to the City of South Bend, Indiana, shall be, and hereby is, accepted. 2. The Clerk of the Board of Public Works shall cause the recording of the quit claim deed conveying the Property to the City of South Bend, Indiana upon he receipt of the same. 3. This Resolution shall be in full force and effect upon its adoption by the Board of Public Works of the City of South Bend. ADOPTED at a meeting of the Board of Public Works of the City of South Bend held on March 26, 2001, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/Gary Gilot, President s/M. Catherine Roemer, Member s/Donald E. Inks, Member ATTEST: s/Angela K. Jacob, Clerk ADOPT RESOLUTION NO. 22-2001 - APPRAISAL OF CERTAIN PROPERTY TO BE SOLD TO THE CITY OF SOUTH BEND BUILDING CORPORATION, THE APPROVAL OF AN AGENCY AGREEMENT WITH SAID BUILDING CORPORATION AND THE APPROVAL OF AN OFFICIAL STATEMENT AND OTHER RELATED MATTERS Upon a motion made by Ms. Roemer, seconded by Mr. Gilot and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 22-2001 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, REGARDING THE APPRAISAL OF CERTAIN PROPERTY TO BE SOLD TO THE CITY OF SOUTH BEND BUILDING CORPORATION, THE APPROVAL OF AN AGENCY AGREEMENT WITH SAID BUILDING CORPORATION AND THE APPROVAL OF AN OFFICIAL STATEMENT AND OTHER RELATED MATTERS WHEREAS, the City of South Bend, Indiana (the "City"), has previously executed a lease (the "Lease") whereby the City, shall lease the proposed public works services center to be 2 REGULAR MEETING MARCH 26, 2001 constructed and located at 730 United Drive in the City (the "Project") from the City of South Bend Building Corporation (the 'Building Corporation"); and WHEREAS, construction ofthe Proj ect is to be financed by the Building Corporation through the issuance of its county option income tax lease rental revenue bonds; and WHEREAS, the City desires to sell the property upon which the Project will be located to the Building Corporation, said property being described as set forth in the Lease (the "Property"); and WHEREAS, the City desires to have said Property appraised by two (2) appraisers professionally engaged in making appraisals; and WHEREAS, the Board of Public Works of the City (the 'Board") desires to approve and authorize the execution of an agency agreement whereby the City, by and through the Board, shall serve as agent of the Building Corporation to provide for the construction and equipping of the Project; WHEREAS, a Preliminary Official Statement relating to the issuance of the Bonds by the Building Corporation (the "Official Statement") has been presented to the Board; WHEREAS, the Board desires to authorize, empower, and direct the Mayor (the "Mayor") and Clerk (the "Clerk") of the City to enter into a continuing disclosure agreement (the "Continuing Disclosure Agreement") for the purpose of complying with the provisions of Rule 15c2-12 of the Securities and Exchange Commission (the "Rule"); NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend, Indiana, that: l . The Board hereby approves the appointment of Bernard Diedrich and Philip Krause, both of whom are appraisers professionally engaged in making appraisals, as appraisers for purposes of appraising the Property. 2. The Board hereby approves and authorizes the Building Corporation to encumber any real property or equipment acquired by the Building Corporation for the purposes of financing the construction and equipping of the Project and to enter into contracts for the sale of the Bonds and the construction and equipping of the Project. 3. The Board hereby approves the form of the agency agreement presented to the Board at this meeting and authorizes the Mayor and Clerk to execute and attest, respectively, said agreement in the form presented at this meeting with such changes as may be suggested by counsel and approved by the Mayor and Clerk with such approval evidenced by the execution and attestation, respectively, thereof. 4. The Board hereby accepts and approves the Official Statement presented to the Board at this meeting in substantially final form, and the Board hereby authorizes the Mayor and Clerk to make such changes as are deemed necessary and appropriate upon the advice of counsel with such approval to be conclusively evidenced by signature thereon of the Mayor and/or the Clerk. 5. The Board hereby authorizes the Mayor and the Clerk to deem "final" the Official Statement, as of its date, in accordance with the provisions of the SEC Rule, subject to completion as permitted by the SEC Rule, and the Board further authorizes the distribution of the deemed final Official Statement. The Board hereby accepts and approves the Continuing Disclosure Agreement presented to the Board at this meeting in substantially final form and authorizes the Mayor and the Clerk to execute and attest, respectively, said Continuing Disclosure Agreement. 7. This Resolution shall be in full force and effect from and after its adoption by the Board. REGULAR MEETING MARCH 26, 2001 ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana, held on March 26, 2001, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana. BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA ATTEST: s/Gary A. Gilot, President s/Angela K. Jacob, Clerk s/M. Catherine Roemer, Member s/Donald E. Inks, Member APPROVAL OF LICENSE APPLICATIONS FOR MASSAGE ESTABLISHMENT Mr. Gilot stated that the Board is in receipt of favorable recommendations from the Fire Department, Police Department, Building Commissioner and the City Attorney's Office for License Applications for Massage Establishments, as follows: Smart Touch Muscular Therapy Clinic 919 East Jefferson South Bend, Indiana 46617 The Spa at Colfax 224 West Colfax South Bend, Indiana 46601 Michael & Company 521 East Jefferson South Bend, Indiana 46617 Hair Crafters 602 Lincolnway East South Bend, Indiana 46601 The above licence applications were approved and referred to the Deputy Controller's Office for issuance of a license. It was noted that the required Proof of Insurance as well as the hours and rates to be charged was attached to the application. APPROVE LICENSE APPLICATIONS - PUBLIC PARKING FACILITY Upon a motion made by Mr. Gilot, seconded by Ms. Roemer and carried, the following license applications were approved: E.H. McNease 421 South Main Street South Bend, Indiana 46601 Memorial Home Care 621 Memorial Drive South Bend, Indiana 46601 E.H. McNease 418 South Main Street South Bend, Indiana 46601 Memorial Home Care 707 North Michigan South Bend, Indiana 46601 Memorial Home Care 100 Navarre Street South Bend, Indiana 46601 The above licence applications were approved and referred to the Deputy Controller's Office for issuance of a license. It was noted that the required Proof of Insurance as well as the hours and rates to be charged was attached to the application. APPROVE LICENSE APPLICATION - OPEN AIR STAND Mr. Gilot advised that the following license application has been received: NAME: Landmark's Hot Dog Stand BY: Lorraine Borders STAND TO LOCATED AT: 4401 South Michigan Street DATES: April/N4ay to September/October FOR THE PURPOSE OF: Sale of Hotdogs, Sausages, Brats, Chips, Pop Mr. Gilot further advised that favorable recommendations have been received from the Police Department, Department of Code Enforcement, and the Bureau of Traffic and Lighting for the above application. Additionally provided with the application was a letter of permission from the property 1 1 1 REGULAR MEETING MARCH 26, 2001 owner. Upon a motion made by Mr. Gilot, seconded by Ms. Roemer and carried, the above license application was approved and referred to the Deputy Controller's Office for issuance, subject to receipt of proof of plans to remove the safety hazard caused by an electrical cord. APPROVAL OF RECOMMENDATION - TO CLOSE STREET - NORTH ST. PETER FROM COLFAX TO WASHINGTON Mr. Gilot stated that favorable recommendations have been received by the Division of Engineering, Police Department and the City Attorney's office, in reference to a request as submitted by Mr. Brian Skorney, 113 North St. Peter, South Bend, Indiana, to conduct the above referred to hog roast on April 28, 2001, from 10:00 a.m. until 8:00 p.m. Upon a motion made by Mr. Gilot, seconded by Ms. Roemer and carried, the recommendation was approved, subject to submission of proof of hire oftwo uniformed police officers and a cashier's check for refuse removal. APPROVAL OF RECOMMENDATION - TO CONDUCT MEMORIAL 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 Ms. Adeline Jaskowiak, 727 South Illinois, South Bend, Indiana to conduct the above referred to parade, on May 28, 2001, from 8:00 a.m. until 10:00 a.m., on the designated route as submitted. Upon a motion made by Ms. Roemer, seconded by Mr. Gilot and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION TO ENCROACH ONTO PUBLIC RIGHT-OF-WAY - INSTALLATION OF SIGN --5316 WESTERN AVENUE - VELDMAN'S CROSSING Mr. Gilot advised that the Board is in receipt of favorable recommendations from the Division of Engineering, Police Department, Building Commissioner and the Redevelopment Design Review Committee for the installation of a sign at 5316 Western Avenue, subject to an Indemnification and Hold Harmless Undertaking. Further, it is to be noted that the proposed sign has less than ten feet of vertical clearance and encroaches two feet into the curbline. Upon a motion made by Mr. Gilot, seconded by Ms. Roemer and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION TO ENCROACH ONTO PUBLIC RIGHT-OF-WAY - INSTALLATION OF SIGN - 61045 US 31 SOUTH - RLBI, LLC Mr. Gilot advised that the Board is in receipt of favorable recommendations from the Division of Engineering, Police Department, and the Redevelopment Design Review Committee and an unfavorable recommendation from the Building Commissioner for the installation of a sign at 61045 US 31 South, subject to an Indemnification and Hold Harmless Undertaking. Further, it is to be noted that ten feet of vertical clearance is needed for the installation of sewer and water utilities. Upon a motion made by Ms. Roemer, seconded by Mr. Gilot and carried, the application was denied. APPROVAL OF EASEMENT RELEASES - PUBLIC WORKS SERVICE CENTER Upon a motion made by Mr. Gilot, seconded by Ms. Roemer and carried, the following easements were approved. It was noted that they have been signed by the former property owner: - Track and Railway Line - Utility and Tunnel - Fuel Tank - Electric APPROVAL OF RELEASE OF EASEMENT - VACATED MARIETTA STREET In a memorandum from Mr. Carl Littrell, City Engineer, permission was requested from the Abonmarche Group on behalf of the South Bend Department of Redevelopment and American Home Dreams for the release of utility easements the City currently holds on vacated Marietta Street. There is no sewer or water main within this easement, and all properties in the neighborhood are currently served by water and sewer. Upon a motion made by Ms. Roemer, seconded by Mr. Gilot and carried, the release of easement was approved. APPROVAL OF NON-EXCLUSIVE EASEMENT FOR EGRESS AND INGRESS Upon a motion made by Mr. Gilot, seconded by Ms. Roemer and carried, the above referred to Easement for Egress and Ingress was approved. Further, Mr. Gilot requested that future submissions regarding this property/area need to include a site plan. 00E-? REGULAR MEETING MARCH 26, 2001 APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Ms. Roemer, seconded by Mr. Gilot and carried, the following traffic control devices were approved: New Installation - 306 East Bowman Mr. Zigler has met all Handicapped Accessible requirements. Parking Space Signs New Installation - 926 East Cedar Ms. Tobolski has met all Handicapped Accessible requirements Parking Space Signs New Installation - 726 South 36`h Street Mr. Webb has met all Handicapped Accessible requirements. Parking Space Signs New Installation - 824 South Kosciuszko Mr. Beserra has met all Handicapped Accessible requirements Parking Space Signs New Installation - 1234 Goodland Ms. Cornelis has met all Handicapped Accessible requirements Parking Space Signs Removal - Handicapped 208 East Donald Signs no longer needed. Accessible Parking Space Signs Remove/Revise - No Parking 1500 Block Wall Street - Officer Tom Cameron request Loading Zone to No Parking South Side/ John Adams High Tow Zone be added to No Loading Zone, Tow Zone School Parking Loading Zone New Installation - Reserved 227 West Jefferson Ms. Nichols has met all Handicapped Accessible requirements. Paid parking. Parking Space Signs New Installation - No Parking St. Joseph County Jail - West Side of Lafayette from Tow Zone Sample street the north boundary of the jail to Sample Street. FILING OF CERTIFICATE OF INSURANCE Upon a motion made by Ms. Roemer, seconded by Mr. Gilot and carried, the following Certificate of Insurance was accepted for filing: Reinhart's Landscaping, Inc. Post Office Box 282 Decatur, Indiana 46733 APPROVE AND/OR RELEASE CONTRACTOR BONDS Mr. Anthony Molnar, Engineer, Division of Engineering, recommended that the following Contractors Bonds be approved and/or released as follows: BOND OF CONTRACTOR Turnock's Approved Effective March 14, 2001 Pursuant to Resolution No. 100-2000 Genuity Telecom, Inc. Approved Effective March 12, 2001 Pursuant to Resolution No. 100-2000 Alpine Construction Released Effective March 26, 2001 Ms. Roemer made a motion that the recommendation'be accepted and that the Bonds be approved and/or released as outlined above. Mr. Gilot seconded the motion which carried. C 1 1 00- .�„ V j 1 REGULAR MEETING MARCH 26, 2001 RESIDENTIAL TAX ABATEMENT - AMERICAN HOME DREAMS Mr. Gilot stated that the Board is in receipt of a request from American Home Dreams for Tax Abatement. It was noted that Mr. Jon Hunt, Director, Community and Economic Development, is a member of the Board of American Home Dreams. Upon a motion made by Ms. Roemer, seconded by Mr. Gilot and carried, the motion approved. APPROVAL OF THIRD AND FOURTH REPLAT - AMERICAN HOME DREAMS Mr. Gilot stated that the Board is in receipt of a request from Abonmarche Consultants of Indiana for approval of the Third and Fourth American Home Dreams replat. Upon a motion by Ms Roemer, seconded by Mr. Gilot and carried, the motion was approved. APPROVE CLAIMS Mr. Gilot stated that the following claims were submitted to the Board for approval: Name Amount of Claim Date Comments City of South Bend $1,562,299.83 March 19, 2001 Approved March 19, 2001, Pursuant to Res. No. 100-2000 Workforce $819,500.40 February 2001 Approved March 26, Investment Board, 2001 Inc. Morris Performing Two (1) Claims March 15, 2001 Approved March 26, Arts Center 2001 St. Joseph Housing Seven (7) Claims Approved March 26, Consortium 2001 Workforce $65,584.10 March 21, 2001 Approved March 26, Investment Board, 2001 Inc. City of South Bend $1,126,892.99 March 26, 2001 Approved March 26, 2001 Ms. Roemer 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 Ms. Roemer and carried, the meeting adjourned at 10:35 a.m. r ATTEST:- C An ela . Jacob Cl BOARD OF PUBLIC WORKS -k�"� �t,Ki6 Gary A. Gilot, President at Brine Roemer, Me er G Donald E. Inks, Member