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HomeMy WebLinkAbout09/25/00 Board of Public Works MinutesREGULAR MEETING SEPTEMBER 25, 2000 The regular meeting oftheBoard ofPublic Works was convened at 9:37 a.m. on Monday, September 25, 2000, by Board President Gary A. Gilot, with Ms. M. Catherine Roemer and Mr. Donald E. Inks present. Also present was Board Attorney Frank Schaffer. AGENDA ITEM ADDED Upon a motion made by Mr. Gilot, seconded by Ms. Roemer and carried, the following item was added to the agenda: - Request to Advertise for the Receipt of Bids - Kidder Development Area APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Inks, seconded by Ms. Roemer and carried, the minutes of the regular meeting of the Board held on September 11, 2000, were approved. PUBLIC HEARING - LEASE AGREEMENT - 2202 WEST HURON STREET - WESTSIDE NEIGHBORHOOD PARTNERSHIP CENTER Mr. Gilot advised that this was the date set for the Board's Public Hearing concerning the above referred to Lease Agreement for the Westside Neighborhood Partnership Center. The term of the lease is from September 1, 2000 to August 31, 2001, with the option to renew for an additional year. It was noted that Resolution No. 87-2000 was published in the South Bend Tribune and Tri-County News on September 8, 2000. The total rent shall not exceed $7,200.00 in the first year, with an option to renew in the second year. There being no one present wishing to address the Board concerning this matter, the Public Hearing was closed. Therefore, upon a motion made by Mr. Inks, seconded by Ms. Roemer and carried, the Lease Agreement was approved. PUBLIC HEARING - COMMERCIAL LEASE - 224 WEST JEFFERSON - TRIGON BUILDING Mr. Gilot advised that this was the date set for the Board's Public Hearing concerning a Commercial Lease Agreement for the Trigon Building at 224 West Jefferson. It was noted that the term of the lease is for three (3) years, with the initial term commencing on the I' day of November 2000, and ending on the 31' day of October, 2001, in the amount of $85,056.00 in the first year; $85,387.72 the second year, and $85,720.73 for the third year. It was noted that Resolution No. 98-2000 was published in the South Bend Tribune and Tri-Count. News. on September 15, 2000. There being no one present wishing to address the Board concerning this matter, the Public Hearing was closed. Therefore, upon a motion made by Ms. Roemer, seconded by Mr. Inks and carried, the Commercial Lease Agreement was approved. OPENING OF BIDS - HUEY STREET AND HAMILTON STREET SANITARY SEWER - PROJECT NO. 100-28 This was the date set for receiving and opening of sealed bids for the above referred to project. 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: WALSH AND KELLY, INC. 24358 State Road 23 South Bend, Indiana 46614 Bid was signed by Mr. Kevin J. Kelly, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $238,172.77 036, REGULAR MEETING GEYER CONSTRUCTION COMPANY 67450 U.S. 31 South Lakeville, Indians 46f536 Bid was signed by Mr. William Geyer Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $246,082.58 BROOKS CONSTRUCTION COMPANY, INC. 727 South Beiger Street Mishawaka, Indiana 46544 Bid was signed by Mr. Jeffrey L. Bender, Area Manager Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $248,726.67 RIETH RILEY CONSTRUCTION COMPANY, INC. 25200 State Road 23 South Bend, Indiana 46614 SEPTEMBER 25, 2000 Bid was signed by Mr. Christopher L. Weinkauf, Sales Manager Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $253,102.00 Upon a motion made by Ms. Roemer, seconded by Mr. Inks and carried, the above bids were referred to the Division of Engineering for review and recommendation. OPENING OF BIDS - DEMOLITION OF BUILDINGS - 600 NORTH NILES (FORMERLY DESIGN PACKAGING COMPANY) AND 529 CRESCENT AVENUE (FORMERLYHTI, INC.) -PROJECT NO. 100-83 This was the date set for receiving and opening of sealed bids for the above referred to project. 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: RITSCHARD BROTHERS, INC. 1204 West Sample Street South Bend, Indiana 46619 Bid was signed by Mr. David A. Reinhold, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $102,689.00 n 1 REGULAR MEETING BRADBERRY BROTHERS, INC. 20061 West Dice Street South Bend, Indiana 46614 Bid was signed by Mr. W.J. Bradberry, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $108,105.00 H&M DEMOLITION COMPANIES 4277 Blue Star Highway South Haven, Michigan 49423 Bid was signed by Mr. Scott Tucker, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $233,780.00 B&J EXCAVATION COMPANY, INC. 1104 West Donald Street South Bend, Indiana 46613 Bid was signed by Mr. Darnell O'Neal, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted I: �`1 •11 11 SEPTEMBER 25, 2000 KNAPP ENVIRONMENTAL CONSTRUCTION SERVICES INC. 12875 McKinley Highway Mishawaka, Indiana 46545 Bid was signed by Mr. Doug Knapp, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $ 76,000.00 Upon a motion made by Mr. Inks, seconded by Ms. Roemer and carried, the above bids were referred to the Division of Engineering for review and recommendation. Mr. Darnell O'Neal, B&J Excavation Company, was present, and stated that he has experienced differential treatment to the dumping of wood debris in St. Joseph County. Mr. O'Neal was told by the Indiana Department of Environmental Management that it was mandatory that all contractors dump wood at an approved landfill. He stated that other contractors are not following that procedure, and wanted to make this issue known to the Board of Public Works. Mr. Gilot stated that this information would be taken in account. REGULAR MEETING SEPTEMBER 25, 2000 TABLE - AWARD OF BID - SOUTHFIELD SOUTHERN STORM SEWER - SECTION I - PROJECT NO. 100-59 Upon a motion made by Ms. Roemer, seconded by Mr. Inks and carried, the above referred to agenda item was tabled pending further information. AWARD BID - SOUTHFIELD SOUTHERN STORM SEWER - SECTION II - PROJECT NO. 100-75 Mr. Carl P. Littrell, City Engineer, advised the Board that on September 11, 2000, bids were received and opened for the above referred to project. After reviewing those bids, Mr. Littrell recommends that the Board award the contract to the lowest responsible and responsive bidder, Small, Inc., 25190 State Road 4, South Bend, Indiana in the amount of $190,623.35. Therefore, Ms. Roemer made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mr. Inks seconded the motion which carried. AWARD BID - 2000 CONCRETE PAVEMENT REPAIRS - PROJECT NO. 100-76 Mr. Carl P. Littrell, City Engineer, advised the Board that on September 11, 2000, bids were received and opened for the above referred to project. After reviewing those bids, Mr. Littrell recommends that the Board award the contract to the lowest responsive and responsible bidder, Kankakee Valley Construction, Post Office Box 1471, LaPorte, Indiana in the amount of $63,728.88, which is the base bid and Alternates A and B. Therefore, Mr. Inks made a motion that the recommendation be accepted and the bid be awarded as outlined above. Ms. Roemer seconded the motion which carried. AWARD BID - SOUTHERN VIEW DRIVE IMPROVEMENTS - PROJECT NO. 100-01 Mr. Carl P. Littrell, City Engineer, advised the Board that on September 11, 2000, bids were received and opened for the above referred to project. After reviewing those bids, Mr. Littrell recommends that the Board award the contract to the lowest responsive and responsible bidder, Rieth Riley Construction Company, Inc., 25200 State Road 23, South Bend, Indiana in the amount of $185,000.00. Therefore, Ms. Roemer made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mr. Inks seconded the motion which carried. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - DEMOLITION OF BUILDINGLOCATED AT 214 WEST JEFFERSON (FORMERLY BARB'S RESTAURANT) -PROJECT NO. 100-81 In a memorandum to the Board, Mr. Michael Giulioni, Community and Economic Development, requested permission to advertise for the receipt of bids for the above referred to project. Mr. Giulioni stated that this project will demolish the above referred to building. Therefore, upon a motion made by Mr. Inks, seconded by Ms. Roemer and carried, the request was approved APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - OLIVE STREET CURB SIDEWALK AND APPROACH REPAIR - CALHOUN TO HUMBOLDT STREETS - PROJECT NO. 100-73 In a memorandum to the Board, Mr. Hesham Khalil, Engineering, requested permission to advertise for the receipt of bids for the above referred to project. Mr. Khalil stated that this project will remove and replace curb, sidewalk and drive approaches on North Olive Street from Calhoun Street to Humboldt Street. Therefore, upon a motion made by Ms. Roemer, seconded by Mr. Inks and carried, the request was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS BLACKTHORN WEST INDUSTRIAL PARK - PHASE UTITLE SHEET - PROJECT NO. 100-77 In a memorandum to the Board, Mr. Carl Littrell, City Engineer, requested permission to advertise for the receipt of bids for the above referred to project. Mr. Littrell stated that this project will construct public improvements on Phase I of the Blackthorn West Business Park, including water mains, drainage systems, roadways, and site stabilization. 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, and the Title Sheet as submitted was approved. REGULAR MEETING SEPTEMBER 25, 2000 APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS/TITLE SHEET - SOUTH SIDE SANITARY SEWER AND WATER MAIN EXTENSION - PHASE I - PROJECT NO. 100-53 In a memorandum to the Board, Mr. Carl Littrell, City Engineer, requested permission to advertise for the receipt of bids for the above referred to project. Mr. Littrell stated that this project will construct sanitary sewer from Ruby Street to Kern Road. 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, and the Title Sheet as submitted was approved. APPROVE FINAL CHANGE ORDER AND PROJECT COMPLETION AFFIDAVIT - 1999 SEWER LINING PROGRAM - PROJECT NO. 99-08 Mr. Gilot advised that Mr. Toy Villa, Public Construction Manager, has submitted the Final Change Order on behalf of ProForm Pipelining Company, 226 South Elder, Mishawaka, Indiana indicating that the contract amount be increased by $849.00 for a new contract sum including this Change Order in the amount of $284,753.04. Additionally submitted was the Project Completion Affidavit indicating this new final cost. Upon a motion made by Mr. Gilot, seconded by Ms. Roemer and carried, Change Order No. 1 (Final) and the Project Completion Affidavit were approved subject to the filing of the appropriate three-year Maintenance Bond. APPROVE CONSTRUCTION CONTRACT - CALVERT STREET SEWER- PROJECT NO. 100- 68 Mr. Gilot advised that in accordance with the bid awarded on August 21, 2000, to Youngs Excavating, Inc., Post Office Box 2766, South Bend, Indiana, in the amount of $56,765,98 for the above referred to project, a Contract in said amount was being submitted for Board approval. It was noted that pursuant to Resolution No. 100-2000, one (1) board member approved the contract on September 13, 2000. Upon a motion made by Ms. Roemer, seconded by Mr. Inks and carried, the Contract was approved and the appropriate Certificate of Insurance, Performance Bond and Labor and Materials Payment Bond as submitted were filed. APPROVAL OF AGREEMENT - STAFF SUPPORT - CHRISTMAS IN APRIL Mr. Gilot stated that the Board is in receipt of an Agreement between the City of South Bend and Christmas in April for staff support for the Christmas in April Program. The term of the Agreement is January 2, 2000 through December 31, 2000, in the amount of $12,700.00, which will be remitted to Community and Economic Development. Therefore, upon a motion made by Mr. Inks, seconded by Ms. Roemer and carried, the Agreement was approved and executed. APPROVAL OF ADDENDUM TO AGREEMENT - DOWNTOWN PARKING SITESCAPES - THE TROYER GROUP Mr. Gilot stated that the Board is in receipt of an Addendum to an Agreement between the City of South Bend and the Troyer Group, 550 Union, Mishawaka, Indiana, for additional development concepts. Mr. Gilot noted that the increase is in the amount of $5,000.00, bringing the total contract amount to $7,500.00. Therefore, upon a motion made by Mr. Inks, seconded by Ms. Roemer and carried, the Addendum was approved and executed. APPROVAL OF ADDENDUM TO AGREEMENT - DOWNTOWN INFRASTRUCTURE AND SITE WORK - THE TROYER GROUP Mr. Gilot stated that the Board is in receipt of an Addendum to an Agreement between the City of South Bend and the Troyer Group, 550 Union, Mishawaka, Indiana, for additional development concepts. Mr. Gilot noted that the increase is in the amount of $5,000.00, bringing the total contract amount to $12,000.00. Therefore, upon a motion made by Mr. Gilot, seconded by Ms. Roemer and carried, the Addendum was approved and executed. APPROVAL OF STAFF AGREEMENT - COMMUNITY HOMEBUYERS CORPORATION Mr. Gilot stated that the Board is in receipt of an Agreement between the City of South Bend and Community Homebuyer's Corporation, South Bend, Indiana, for staff support for January 1, 2000 through December 31, 2000. Mr. Gilot noted that the Agreement is in the amount of $47,630.00, which will be remitted to Community and Economic Development. Therefore, upon a motion made REGULAR MEETING SEPTEMBER 25, 2000 r by Mr. Inks, seconded by Mr. Gilot and carried, the Agreement was approved and executed. Ms. Roemer abstained from voting, as she is a member of the Board for Community Homebuyer's Corporation. APPROVAL OF AGREEMENT/GRANT OF PERPETUAL EASEMENT - MADISON CENTER PROPERTY TO CITY OF SOUTH BEND - EAST BANK WALKWAY - HAGGERTY BOULEVARD TO ANGELA BOULEVARD Mr. Gilot stated that the Board is in receipt of an Agreement and a Grant of Perpetual Easement between the City of South Bend and the Madison Center, South Bend, Indiana, for property as described in the Agreement as submitted. Mr. Carl Littrell, City Engineer, was present, and stated that the City of South Bend will accept the easement for property from the Madison Center in exchange for an easement owned by the Park Department, given to the City of South Bend. Therefore, upon a motion made by Ms. Roemer, seconded by Mr. Inks and carried, the Agreement and the Grant of Perpetual Easement were approved and executed. APPROVAL OF UTILITY MODIFICATION AGREEMENT - AMERICAN ELECTRIC POWER Mr. Gilot stated that the Board is in receipt of an Agreement between the City of South Bend and American Electric Power, for modification of existing utilities owned and operated by AEP within the referenced project area. Therefore, upon a motion made by Ms. Roemer, seconded by Mr. Inks and carried, the Agreement was approved and executed. APPROVAL OF AGREEMENT - YEAR 2000 CENTER CITY AS OF SOUTH BEND FUNDING Mr. Gilot stated that the Board is in receipt of an Agreement between the City of South Bend and Center City Associates, South Bend, Indiana, for specific services that Center City Associates will provide through the funding to be allocated for their use by the City for the year 2000. Mr. Gilot noted that the Agreement is in the amount of $40,000.00. Therefore, upon a motion made by Mr. Inks, seconded by Ms. Roemer and carried, the Agreement was approved and executed. APPROVE BUILDING BLOCK GRANT PROGRAM AGREEMENTS The following Building Block Grant Program Agreements were presented to the Board for approval: 847 Forest Avenue (Schmucker) Flowers/Bushes/Trees $125 3349 Stone Briar Drive (T. Markham) Tree/Shrubs $125 3220 Rexford Drive (A. Knoop) Mulch/Perennials/Retaining $125 Wall 2407 Bergan; 1646 N. Fremont; 2513 N. Mulch/Flowers/Shrubs $4,997.86 Bergan; 1933 N. Olive; 2004 N. Fremont; 1734 N. Fremont (Anointed Hands) Upon a motion made by Mr. Inks, seconded by Ms. Roemer and carried, the above referred to Agreements were approved and executed. APPROVAL OF SERVICE AGREEMENT - PROFESSIONAL ENGINEERING SERVICES - ENVIRONMENTAL REMEDIATION - STUDEBAKER BUILDING 69 -730 PRAIRIE AVENUE - PROJECT NO. 100-87 Mr. Gilot stated that the Board is in receipt of an Agreement between the City of South Bend and Grauvogel and Associates, 17660 Fall Creek Drive, Granger, Indiana, for professional engineering and industrial hygiene services to identify and prepare technical specifications for the management and removal of these materials in preparation for the demolition of the building and associated underground utilities. Mr. Gilot noted that the Agreement is in the amount of $28,060.00. Therefore, upon a motion made by Mr. Inks, seconded by Ms. Roemer and carried, the Agreement was approved and executed. REGULAR MEETING SEPTEMBER 25, 2000 TABLE AGREEMENT - WORKER'S COMPENSATION HEALTH CARE - ST JOSEPH REGIONAL MEDICAL CENTER Upon a motion made by Mr. Inks, seconded by Ms. Roemer and carried, the above referred to Agreement was tabled, pending further information. APPROVAL OF PROPOSAL - SUBSURFACE EXPLORATORY INVESTIGATION - VACANT LAND WEST OF THE ORGANIC RESOURCE CENTER Mr. Gilot stated that the Board is in receipt of a Proposal between the City of South Bend and Envirocorp, 3600 McGill Street, South Bend, Indiana, for a subsurface exploratory investigation of the above referred to property. Mr. Gilot noted that the Proposal is in the amount of $3,904.50, which is one-half of the survey amount of $7,809.00. Holladay Corporation will be responsible for the other one-half ofthe cost. Therefore, upon a motion made by Ms. Roemer, seconded by Mr. Inks and carried, the Proposal was approved and executed. APPROVAL OF ACCESS AGREEMENTANDEMNIFICATION FOR FREDRICKSON PARK - UNIVERSITY OF NOTRE DAME Upon a motion made by Ms. Roemer, seconded by Mr. Inks and carried, the Board President was authorized to enter into this Agreement with the University ofNotre Dame, and will be ratified at the October 9, 2000 meeting. The Agreement allows the students of the University of Notre Dame to provide technical assistance on hydrogeological investigations for which service they require the City's indemnification. APPROVAL OF PROPOSAL - SURVEY INFORMATION - CROWE CHIZEK DEVELOPMENT AREA - WIGHTMAN PETRIE, INC. Mr. Gilot stated that the Board is in receipt of an Agreement between the City of South Bend and Wightman Petrie Inc., 4703 Chester drive, Elkhart, Indiana, to provide the base map topography for the above referred to project. Mr. Gilot noted that the Agreement is in the amount of $23,000.00. Therefore, upon a motion made by Ms. Roemer, seconded by Mr. Inks and carried, the Agreement was approved and executed. APPROVE IRREVOCABLE STANDBY LETTER OF CREDIT: Mr. Carl Littrell, City Engineer, submitted the following Irrevocable Standby Letter of Credit to the Board and recommended approval: IRREVOCABLE STANDBY LETTER OF CREDIT NO. 700007765 ISSUED BY: MFB Financial FOR: Place Builders - Field Pointe Phase III AMOUNT: $115,159.50 EXPIRES: September 8, 2001 Mr. Gilot made a motion that the Letter of Credit, as outlined above, be approved. Ms. Roemer seconded the motion which carried. ADOPT RESOLUTION NO. 102-2000 - DECLARING THE INTENT TO LEASE THE PROPERTY AT 2214 MISHAWAKA AVENUE SOUTH BEND INDIANA, FOR USE AS A NEIGHBORHOOD PARTNERSHIP CENTER Upon a motion made by Ms. Roemer, seconded by Mr. Inks and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 102-2000 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, DECLARING ITS INTENT TO LEASE THE PROPERTY AT 2214 MISHAWAKA AVENUE, SOUTH BEND, INDIANA, FOR USE AS A NEIGHBORHOOD PARTNERSHIP CENTER REGULAR MEETING SEPTEMBER 25, 2000 WHEREAS, the City of South Bend is desirous of establishing several Neighborhood Partnership Centers in order to build stronger neighborhoods by bringing municipal and community services directly to the neighborhoods; and WHEREAS, the property at 2214 Mishawaka Avenue, South Bend, Indiana, has been selected as a site for a Neighborhood Partnership Center; and WHEREAS, the property to be leased at 2214 Mishawaka Avenue, South Bend, Indiana, contains approximately one thousand two hundred (1,200) square feet, an area sufficient to accommodate the activities for which the Neighborhood Partnership Center is intended; and WHEREAS, the Board of Public Works of the City of South Bend, Indiana, on September 25, 2000, received a petition ("Petition") signed by at least fifty (50) taxpayers of the City of South Bend, requesting that the Board lease the premises at 2214 Mishawaka Avenue, South Bend, Indiana, for a term of one year, with a one year option to renew upon the parties' option with a monthly rental ofFour Hundred Ten Dollars ($410.00), not to exceed Four Thousand Nine Hundred Twenty Dollars ($4,920.00) in the term, and not more than $5,412.00 in the option term if the option to renew for the second term is exercised; and WHEREAS, the Board also received, on September 25, 2000, a certificate of the St. Joseph County Auditor, certifying that the verifier of the Petition and at least fifty (50) of the signatories of the Petition are taxpayers of property located within the corporate limits of the City of South Bend; and WHEREAS, the Board also received, on September 25, 2000, a proposed lease agreement ("Proposed Lease") concerning the lease of the premises as petitioned; and WHEREAS, I.C. 36-1-10-7(2) requires, that prior to the Board's entering into a lease agreement for said premises, that the South Bend Common Council, after investigation, determine that the lease of the premises is needed NOW, THEREFORE, BE IT RESOLVED by the Board ofPublic Works ofthe City of South Bend, Indiana, as follows: 1) That the Board of Public Works of the City of South Bend, Indiana, hereby expresses its desire and intent to lease the premises at 2214 Mishawaka Avenue, South Bend, Indiana, for its use as a Neighborhood Partnership Center. 2) That the Petition, as certified by the St. Joseph County Auditor and submitted to the Board on September 25, 2000, is hereby accepted for filing and made available for public inspection. 3) That the lease of the premises shall be for a term of one (1) year, with a one (1) year option to renew exercisable by the parties, and with a monthly rental of Four Hundred Ten Dollars ($410.00), not to exceed Four Thousand Nine Hundred Twenty Dollars ($4,920.00) in the first term and not to exceed $5,412.00 in the second term if the option to renew is exercised. 4) That Robert J. Filley is entitled to receive a tax exemption for the leased portion of the premises pursuant to I.C. 36-1-10. 5) That the Proposed Lease for the premises submitted to the Board on September 25, 2000, is hereby accepted for filing and made available for public inspection. 6) That the Board directs and authorizes that a Resolution be filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, a form of Resolution to establish, after investigation and consideration, its determination that the lease of the premises described herein is needed. W�A V REGULAR MEETING SEPTEMBER 25, 2000 7) That a public hearing on the proposed lease is hereby set for November 13, 2000, at 9:30 a.m. in the City of South Bend Meeting Room, 1308 County -City Building, South Bend, Indiana, 46601, at which hearing all persons desiring to be heard will be given the opportunity to address whether the Proposed Lease is necessary and whether the proposed rental is fair and reasonable. 8) That this Resolution will be in full force and effect from and after its passage by the Board. Adopted this 25th day of September, 2000. CITY OF SOUTH BEND, BOARD OF PUBLIC WORKS s/Gary A. Gilot, President s/M. Catherine Roemer, Member s/Donald E. Inks, Member ADOPT RESOLUTION NO. 103-2000 - APPROVING THE TRANSFER OF REAL PROPERTY TO ST. JOSEPH COUNTY, INDIANA - ST. JOSEPH COUNTY JAIL SITE Upon a motion made by Ms. Roemer, seconded by Mr. Inks and carried, the following Resolution was adopted by the Board of Public Works. Ms. Ann Kolata, Community and Economic Development, was present, and stated that this Resolution transfers real property to the St. Joseph County Jail site. WHEREAS, the city of South Bend, Indiana (hereinafter, the "City") is the owner of the certain real property situated in St. Joseph County, Indiana and being more particularly described as Exhibit "A", hereto (hereinafter referred to as the `Real Property"); and WHEREAS, the care, custody and control of City real estate is vested in the city's Board of Public Works (hereinafter the "Board") pursuant to I.C. 36-9-6-3; and WHEREAS, the City is desirous oftransferring the Property to St. Joseph County (hereinafter the `County") for the sum of One and 00/100 Dollar ($1.00) and other good and valuable consideration; and WHEREAS, pursuant to I.C. 36-1-11-8, City, acting by and through the Board, may exchange or transfer property with another governmental entity 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 Board of Commissioners of St. Joseph County, Indiana (hereinafter the "Commissioners:), at its meeting of October 3, 2000 will consider its Resolution No. accepting the transfer of the Property from the City of South Bend, by and through its Board of Public Works. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: 1. That the transfer of the Property situated in St. Joseph County, Indiana, and more particularly described as Exhibit "A" attached hereto, by the City of South Bend, Indiana to St. Joseph County, Indiana, for the sum of One and 00/100 Dollar ($1.00) shall be, and hereby is, accepted, subject to the adoption of a resolution by the Board of Commissioners of St. Joseph County, Indiana substantially identical in its terms and conditions as this resolution. 2. Such transfer shall be accomplished by a quit claim deed executed by the City. REGULAR MEETING SEPTEMBER 25, 2000 3. For and in consideration of such transfers, the County shall the city, the sum of One and 00/100 Dollar ($1.00). The City shall assume all recording costs and any transfer fees associated with such transfer. 4. That this Resolution shall be in full force and effect upon its adoption. ADOPTED at a meeting at the Board of Public Works of the City of South Bend, Indiana held on September 25, 2000, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/Gary A. Gilot, President s/M. Catherine Roemer, Member s/Donald E. Inks, Member ATTEST: s/Angela K. Jacob, Clerk ADOPT RESOLUTION NO. 104-2000 - APPROVING THE TRANSFER OF REAL PROPERTY TO ST. JOSEPH COUNTY, INDIANA/ST. JOSEPH COUNTY JAIL SITE Upon a motion made by Ms. Roemer, seconded by Mr. Inks and carried, the following Resolution was adopted by the Board of Public Works. Ms. Ann Kolata, Community and Economic Development, was present, and stated that this Resolution transfers real property to the St. Joseph County Jail site. WHEREAS, the City of South Bend, Indiana (hereinafter, the "City") is the owner of the certain real property situated in St. Joseph County, Indiana and being more particularly described as Exhibit "A", hereto (hereinafter referred to as the `Real Property"); and WHEREAS, the care, custody and control of City real estate is vested in the City's Board of Public Works (hereinafter the "Board") pursuant to I.C. 36-9-6-3; and WHEREAS, the City is desirous oftransferring the Property to St. Joseph County (hereinafter the `County") for the sum of One and 00/100 Dollar ($1.00) and other good and valuable consideration; and WHEREAS, pursuant to I.C. 36-1-11-8, City, acting by and through the Board, may exchange or transfer property with another governmental entity 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 Board of Commissioners of St. Joseph county, Indiana (hereinafter the "Commissioners:), at its meeting of October 3, 2000 will consider its Resolution No. accepting the transfer of the Property from the City of South Bend, by and through its Board of Public Works. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: That the transfer of the Property situated in St. Joseph county, Indiana, and more particularly described as Exhibit "A" attached hereto, by the City of South Bend, Indiana to St. Joseph County, Indiana, for the sum of One and 00/100 Dollar ($1.00) shall be, and hereby is, accepted, subject tot he adoption of a resolution by the Board of Commissioners of St. Joseph County, Indiana substantially identical in its terms and conditions as the resolution. 2. Such transfer shall be accomplished by a quit claim deed executed by the City. 1 1 REGULAR MEETING SEPTEMBER 25, 2000 For and in consideration of such transfers, the county shall the city, the sum of One and 00/100 Dollar ($1.00). The City shall assume all recording costs and any transfer fees associated with such transfer. 4. That this Resolution shall be in full force and effect upon its adoption. ADOPTED at a meeting at the Board of Public Works of the City of South Bend, Indiana held on September 25, 2000, at 1308 county -city Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/Gary A. Gilot, President s/M. Catherine Roemer, Member s/Donald E. Inks, Member ATTEST: s/Angela K. Jacob, Clerk APPROVAL OF CORPORATE UNDERTAKING/RIGHT OF ENTRY PERMIT - NEWMAN ALTMAN BUILDING Upon a motion made by Ms. Roemer, seconded by Mr. Inks and carried, the Corporate Undertaking and Right ofEntryPermit were approved. Ms. Ann Kolata, Community and Economic Development, was present, and stated that the Corporate Undertaking is for the Newman Altman Building, which ensures a correct title for the property. The Right ofEntry permits the city to cross over the property until condemnation is completed. FAVORABLE RECOMMENDATION - PETITION TO VACATE AN ALLEY Mr. Gilot indicated that the Common Council has submitted to the Board a Vacation Petition as completed by Ms. Vivian Borysiak, 739 South Walnut, South Bend, Indiana to vacate the following alley: The first east west alley north of Dunham Street from the west R/W line of Walnut Street to the east R/W line of Harris Street for a distance of 148.5 feet and a width of 12 feet. Part of Arnold's Subdivision of Bank Outlot 100-101 in the City of South Bend, St. Joseph County, Indiana. Mr. Gilot advised that the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Area Plan Commission, Police Department, Fire Department, Sanitation, Department ofEconomic Development and the Department ofPublic Works. Solid Waste noted that residents in this area would need to place their trash out front if the vacation were approved. The Division of Engineering noted that the property owners adjacent to the alley on Walnut and the property owners adjacent to the alley on Harris each depend upon the alley for access to their garages. They should be informed that 1) they need to make improvements obstructing access to the north/south alley; 2) they need to provide cross access easements to each other, then hard surface a portion of the alley which then becomes a shared driveway; or 3) they each need to construct a new driveway on their property and the split that comes to them each by vacation. Therefore, Mr. Inks made a motion that the Board send a favorable recommendation to the Common Council concerning this Vacation Petition. Ms. Roemer seconded the motion which carried. APPROVAL OF RECOMMENDATION - TO CLOSE STREET - COLLEGE FROM LONGLEY TO BROOKFIELD - FAITH APOSTOLIC YOUTH FELLOWSHIP FESTIVITIES 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 Pastor Eddie Miller, Faith Apostolic Temple, 1318 Lincolnway West, South Bend, Indiana, to conduct the above referred to festivities on September 30, 2000, from 1:00 p.m. until 6:00 p.m. Upon a motion made by Ms. Roemer, seconded by Mr. Inks and carried, the recommendation was approved. REGULAR MEETING SEPTEMBER 25. 2000 APPROVAL OF RECOMMENDATION - TO CLOSE STREET - 23RD STREET FROM MISHAWAKA AVENUE TO VINE STREET - RIVER PARK DAY FESTIVITIES 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 Ms. Dee Thompson, River Park United Methodist Church, 920 South 23rd Street, South Bend, Indiana, to conduct the above referred to festivities, on September 23, 2000, from 7:00 a.m. until 6:00 p.m. Upon a motion made by Ms. Roemer, seconded by Mr. Inks and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION - TO CHANGE PARKING RESTRICTIONS - WEST MADISONNORTH LAFAYETTE - HOLY DAY SERVICES - TEMPLE BETH-EL 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 Ms. Marzy Bauer, Temple Beth -El, 305 West Madison, South Bend, Indiana to remove the "No Parking" signs temporarily for this event, on September 29 and 30, October 8 and 9, 2000. Upon a motion made by Ms. Roemer, seconded by Mr. Inks and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION - TO CHANGE PARKING RESTRICTIONS - EAST LASALLE STREET - HIGH HOLY DAYS - SINAI SYNAGOGUE 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 Ms. Linda Mintz, Sinai Synagogue, 1102 East LaSalle, South Bend, Indiana to remove the "No Parking" signs temporarily for this event, on September 30, October 8 and 9, 2000. Upon a motion made by Ms. Roemer, seconded by Mr. Inks and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION - TO CONDUCT LEUKEMIA SOCIETY SOLICITATION 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 Ms. Maria Rearick, Leukemia and Lymphoma Society, 921 East 86"' Street, Indianapolis, Indiana to conduct the above referred to solicitation, on October 7 and 28, 2000, at Ironwood and State Road 23. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION - TO CONDUCT RED RIBBON MARCH - UNITED COMMUNITY AGAINST DRUG AND ALCOHOL ABUSE 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. Gladys Muhammad, South Bend Heritage Foundation, 914 Lincolnway West, South Bend, Indiana to conduct the above referred to march, on October 27, 2000, beginning at 10:30 a.m., on the designated route as submitted. Upon a motion made by Mr. Inks, seconded by Ms. Roemer and carried, the recommendation was approved. APPROVE LICENSE APPLICATION - GARBAGE AND RUBBISH SERVICE Mr. Gilot stated that the following Garbage and Rubbish Service application has been received: NAME: Pete Buchanan ADDRESS: 1210 Bissell, South Bend, Indiana Mr. Gilot further advised that a favorable recommendation has been received by the Department of Code Enforcement concerning this application. Further, the Bureau of Sanitation has inspected the vehicle(s) to be used in conjunction with this business, and has found them to be satisfactory. Upon a motion made by Ms. Roemer, seconded by Mr. Inks and carried, the above license application was approved and referred to the Deputy Controller's Office for issuance of a license. 1 1 1 1 REGULAR MEETING SEPTEMBER 25, 2000 APPROVAL OF RECOMMENDATION - TO CLOSE STREET - NORTH ST. PETER FROM SORIN TO SOUTH BEND AVENUE - CRIME PREVENTION MEETING 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 Ms. Sarah Bannon, 812 East LaSalle, South Bend, Indiana, to conduct the above referred to event, on October 5, 2000, from 2:30 p.m. until 7:00 p.m. Upon a motion made by Mr. Inks, seconded by Ms. Roemer and carried, the recommendation was approved. APPROVE AND/OR RELEASE CONTRACTOR BONDS Mr. Anthony Molnar, Engineer, Division ofEngineering, recommended that the following Contractor Bonds be approved and/or released as follows: BOND OF CONTRACTOR B&B Equipment, Inc. Cancelled Effective September 14, 2000 (One Board Member Approved 9/14/00) Gerald Mikel dba GM Construction Approved Effective September 13, 2000 (One Board Member Approved 9/13/00) Brett D. Thomas Approved Effective September 18, 2000 (One Board Member Approved 9/18/00 Timothy Winkel Approved Effective September 15, 2000 (One Board Member Approved 9/15/00) Mr. Gilot made a motion that the recommendation be accepted and that the Bonds be approved and/or released as outlined above. Ms. Roemer seconded the motion which carried. APPROVE TRAFFIC CONTROL DEVICES Traffic Control Location Comments Motion to Approve; Device Seconded New Installation - "No 1701 Lincolnway Safety for pedestrians Ms. Roemer; Mr. Parking on West - Harry's Inks Sidewalk - Tow Liquor Store Zone" New Installation - 2716 Langley Mr. Andrysiak has Ms. Roemer, Mr. Handicapped met all requirements Inks Accessible Parking Space Signs New Installation - 519 West Ewing Mr. Rocole has met Mr. Inks, Ms. Handicapped all requirements Roemer Accessible Parking Space Signs New Installation - 817 South 33' Street Ms. Thompson has Mr. Inks, Ms. Handicapped met all requirements Roemer Accessible Parking Space Signs APPROVE TITLE SHEET - CORBY AND HICKORY TRAFFIC SIGNAL - PROJECT NO. 100- 61 Mr. Gilot advised that the Title Sheet for the above referred to project was being presented at this time for execution. Upon a motion made by Ms. Roemer, seconded by Mr. Inks and carried, the above referred to Title Sheet was approved and signed. REGULAR MEETING SEPTEMBER 25, 2000 CLAIMS Ms. M. Catherine Roemer, City Controller, submitted claims in the amount of $2,278,763.07, dated September 18, 2000 (approved September 18, 2000 pursuant to Resolution No. 100-2000) and $2,199,598.17 dated September 25, 2000 and recommended approval. Additionally, Mr. Juan Manigault, Executive Director, WDS of Northern Indiana, submitted lists containing claims in the amount of $34,130.10 (approved September 13, 2000, pursuant to Resolution No. 100-2000), $21,829,27, $312,235.02 and $83,042.77 and recommended approval. Mr. Jon Hunt, Community and Economic Development, submitted a claim on behalf of the St. Joseph County Housing Consortium and recommended approval. Ms. Roemer made a motion that the claims be approved and the reports as submitted be filed. Ms. Roemer 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 10:37 a.m. BOARD OF PUBLIC WORKS Gary A. Gilot, President M. Catherine Roemer, Member nald E. Inks, Member ;ATTEST: Angela "acob, Clerk