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HomeMy WebLinkAbout08/10/98 Board of Public Works MinutesREGULAR MEETING AUGUST 10, 1998 The regular meeting of the Board of Public Works was convened at 9:35 a.m. on Monday, August 10, 1998, by Board President James R. Caldwell, with Mr. Lewis N. Powell and Ms. M. Catherine Roemer present. Ms. Michelle Engel, Board Attorney, was not present. Present was Assistant City Attorney Anne Bruneel. ADD/STRIKE AGENDA ITEMS Upon a motion made by Mr. Powell, seconded by Mr. Caldwell and carried, the Agreements for Portage Avenue Improvements and State Road 23 Widening were stricken from the agenda, and the Title Sheet for the Studebaker Corridor Block 10 was stricken. Additionally, upon a motion made by Mr. Powell, seconded by Mr. Caldwell and arried, an agenda item for Resolution No. 67-1998 was added to the agenda. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Powell, seconded by Mr. Caldwell and carried, the minutes of the regular meeting of the Board held on August 3,1998, were approved. PUBLIC HEARING - LICENSE APPLICATION FOR TRANSIENT MERCHANT LICENSE Mr. Caldwell advised that this was the date set for the Board's Public Hearing concerning an Application for a Transient Merchant License, as submitted by Ms. Jeanette Winton, 5870 Hubbard Drive, Rockville, Maryland, to conduct the MarketPro Computer show on August 23, 1998, at the Century Center, for the sale of computers, software and hardware. Favorable recommendations have been received by the Police Department, Fire Department, Building Commissioner and the City Attorney's office. Mr. Mark Bradley, Century Center, 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. Caldwell, seconded by Mr. Powell and carried, the License Application for a Transient Merchant License was approved. OPENING OF BIDS - ONE (1) MORE OR LESS, DISK TYPE CHIPPER 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: BEST EQUIPMENT COMPANY, INC. 2804 North Catherwood Avenue Indianapolis, Indiana 46219 Bid was signed by Mr. Norman Dahlmann, C.E.O. Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Ten per cent (10%) Bid Bond was submitted BID: $22,671.00 SOUTHEASTERN EQUIPMENT COMPANY INC 3333 West Coliseum Boulevard Fort Wayne, Indiana 46808 Bid was signed by Mr. Paul Bell Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Ten per cent (10%) Bid Bond was submitted BID: $22,200.00 REGULAR MEETING AUGUST 10, 1998 C&S EQUIPMENT SALES, INC. Post Office Box 6511, State Road 205 LaOtto, Indiana 46763 Bid was signed by Mr. Dick Caldwell Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Ten per cent (10%) Bid Bond was submitted BID: $22,610.00 $ 3,060.00 (Discount) $19,550.00 (Total Price) Upon a motion made by Mr. Caldwell, seconded by Ms. Roemer and carried, the above bids were referred to the Division of Equipment Services for review and recommendation. AWARD QUOTATION - SOUTHEAST NEIGHBORHOOD - UTILITY LATERALS - PROJECT NO. 98-41-4 Mr. Carl P. Littrell, City Engineer, advised the Board that on August 3, 1998, quotations were received and opened for the above referred to project. After reviewing those quotations, Mr. Littrell recommends that the Board award the contract to Niezgodski Plumbing, Inc., 232 North Mayflower, South Bend, Indiana in the amount of $47,130.00. Therefore, Ms. Roemer made a motion that the recommendation be accepted and the quotations be awarded as outlined above. Mr. Caldwell seconded the motion which carried. AWARD BID - SALE OF CITY OWNED PROPERTIES - 1911/2313 IRONWOOD Mr. Carl P. Littrell, City Engineer, advised the Board that on August 3, 1998, bids were received and opened for the above referred to properties. After reviewing those bids, Mr. Littrell recommends that the Board award the bids for the sale of City -owned properties as follows: 2313 Ironwood Jennings Wirth III $500.00 plus recording fees 1911 Ironwood Martha Welling $150.00 plus recording fees Therefore, Mr. Caldwell made a motion that the recommendation be accepted and the bids be awarded as outlined above. Ms. Roemer seconded the motion which carried. APPROVE CONSTRUCTION CONTRACT SOUTHEAST NEIGHBORHOOD EXCAVATION SERVICES - PROJECT NO. 98-41-3 Mr. Caldwell advised that in accordance with the bid awarded on May 11, 1998, to D&L Excavation, 12877 Industrial Drive, Granger, Indiana, in the amount of $44,800.00 for the above referred to project, a Contract in said amount was being submitted for Board approval. Upon a motion made by Mr. Caldwell, seconded by Ms. Roemer and carried, the Contract was approved and the appropriate Certificate of Insurancewas filed. APPROVE CONSTRUCTION_ CONTRACT - LAB HVAC AND LIGHTING SYSTEM UPGRADE - WWTP - PROJECT NO. 98-49 Mr. Caldwell advised that in accordance with the bid awarded on July 27, 1998, to Slutsky Peltz Plumbing and Heating Company, Inc., 844 South Rush Street, South Bend, Indiana, in the amount of $126,100.00 for,the above referred to project, a Contract in said amount was being submitted for Board approval. Upon a motion made by Mr. Caldwell, seconded by Ms. Roemer and carried, the Contract was approved and the appropriate Certificate of Insurance, Performance Bond and Labor and Materials Payment Bond as submitted were filed. APPROVE CONSTRUCTION CONTRACT - STANDBY GENERATOR SYSTEM - SOUTH BEND FIRE DEPARTMENT - PROJECT NO. 98-32 Mr. Caldwell advised that in accordance with the bid awarded on July 13, 1998, to Thompson, Inc., 53971 North Park Avenue, Elkhart, Indiana, in the amount of $176,708.00 for the above referred to project, a Contract in said amount was being submitted for Board approval. Upon a motion made by Ms. Roemer, seconded by Mr. Caldwell and carried, the Contract was approved and the REGULAR MEETING < :b AUGUST 10, 1998 appropriate Certificate of Insurance, Performance Bond and Labor and Materials Payment Bond as submitted were filed. APPROVE CHANGE ORDER NO. 2 (FINAL) AND PROJECT COMPLETION AFFIDAVIT - ST. JOSEPH VALLEY PARKWAY/NEVITZ PARKWAY/1NDIANA TOLL ROAD - PHASE IV - PROJECT NO. 95-18-5 Mr. Caldwell advised that Mr. Toy Villa, Public Construction Manager has submitted Change Order No. 2 (Final) on behalf of Walsh and Kelly, 24358 State Road 23, South Bend, Indiana, indicating that the contract amount be decreased by $7,349.31 for a new, contract sum including this Change Order in the amount of $106,918.66. Additionally submitted was the Project Completion Affidavit indicating this new final cost. Upon a motion made by Ms. Roemer, seconded by Mr. Powell 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 ORDERS AND PROJECT COMPLETION AFFIDAVIT - OLIVE ROADlLOCUST ROAD SEWER AND STREET IMPROVEMENTS - PROJECT NO. 97-54 Mr. Caldwell advised that Mr. Toy Villa, Public Construction Manager has submitted the following Change Orders and recommended approval. Rieth Riley is seeking to increase its contract price for the Olive/Locust Road Sewer and Street Improvements, which is a total change of 24.69%. Lawson Fisher failed to do borings to determine the status of the soil beneath the road. The contractor discovered the soil was unsuitable for backfill and had to purchase 5,741.1 cubic feet of backfill dirt instead of 200 cubic feet the contract specifications required. Additional compacted aggregate base was necessary because the existing subgrade was unsuitable. Because Lawson Fisher failed to test the soil prior to construction, the City did not know the soil was unsuitable and did not consider this when drawing the contract specifications. These circumstances were unforseen and do not increase the scope of the project. Change Order 3 Increase $31,925.32 $ 48,972.61 Final Change Order Increase $16,500.51 $498,473. T2 Additionally submitted was the Project Completion Affidavit indicating a new final cost of $498,473.12. Upon a motion made by Ms. Roemer, seconded by Mr. Caldwell and carried, Change Orders and the Project Completion Affidavit were approved subject to the filing of the appropriate three-year Maintenance Bond. APPROVE CONSTRUCTION CONTRACT - MORRIS PERFORMING ARTS CENTER - EXCAVATION AND SHEETING - PROJECT NO. 98-25-3A Mr. Caldwell advised that in accordance with the bid awarded to Ritschard Brothers, Inc., 1204 West Sample, South Bend, Indiana, in the amount of $234,245.00 for the above referred to project, a Contract in said amount was being submitted for Board approval. Upon a motion made by Mr. Powell, seconded by Ms. Roemer 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 EMERGENCY BOARD UP CONTRACT Mr. Caldwell stated that the Board is in receipt of a Contract between the City of South Bend and First Response, 1919 South Michigan Street, South Bend, Indiana, for board up and emergency services. Therefore, upon a motion made by Mr. Caldwell, seconded by Ms. Roemer and carried, the Contract was approved and executed. APPROVE COMMUNITY DEVELOPMENT CONTRACTS/ADDENDUM The following Community Development Contracts/Addendum were presented to the Board for approval: Hansel Neighborhood Service $137,317.00 Rehab of specific items at the Center located Center at 1045 West Washington IJ 1 1 REGULAR MEETING AUGUST 10, 1998 Housing Development $ 75,000.00 Revolving Loan Fund providing loans to Corporation developers to rehab houses for low/moderate homebuyers Park Department - ADA Addendum I Extends 1997 contract to end of 1998 Compliance Projects Upon a motion made by Mr. Powell, seconded by Mr. Caldwell and carried, the Contract for Housing Development was approved and executed. Ms. Roemer abstained from voting, as she is a member of HDC Board. Upon a motion made by Ms. Roemer, seconded by Mr. Powell and carried, the Addendum for the Park Department and the Contract for Hansel Center were approved. APPROVAL OF ESCROW AGREEMENT - LEIGHTON PLAZA - WATERPROOFING PACKAGE Mr. Caldwell stated that the Board is in receipt of an Escrow Agreement between the City of South Bend; Jarnigan Enterprises, 6249 Hickory Road, Indianapolis, Indiana; and Key Bank, Elkhart, Indiana, for the above referred to project, which is in excess of $100,000.00. Therefore, upon a motion made by Mr. Caldwell, seconded by Mr. Powell and carried, the Agreement was approved and executed. APPROVAL OF ESCROW AGREEMENT - MORRIS PERFORMING ARTS CENTER - EXCAVATION AND SHEETING - PROJECT NO. 98-25-3 Mr. Caldwell stated that the Board is in receipt of an Escrow Agreement between the City of South Bend; Ritschard Brothers, 1204 West Sample, South Bend, Indiana; and First Source Bank, South Bend, Indiana, for the above referred to project, which is in excess of $100,000.00. Therefore, upon a motion made by Mr. Caldwell, seconded by Mr. Powell and carried, the Agreement was approved and executed. APPROVAL OF ESCROW AGREEMENT - MORRIS PERFORMING ARTS CENTER - EXPANSION AND RENOVATION - PROJECT NO. 98-25-3 Mr. Caldwell stated that the Board is in receipt of an Escrow Agreement between the City of South Bend; The Robert Henry Corporation, 404 South Frances, South Bend, Indiana; and Key Bank, South Bend, Indiana, for the above referred to project, which is in excess of $100,000.00. Therefore, upon a motion made by Mr. Caldwell, seconded by Mr. Powell and carried, the Agreement was approved and executed. APPROVAL OF AGREEMENT - MIAMI ROAD IMPROVEMENTS - KERN ROAD TO JACKSON ROAD - PROJECT NO. 92-82 Mr. Caldwell stated that the Board is in receipt of an Agreement between the City of South Bend and Ken Herceg and Associates, 211 West Washington, South Bend, Indiana, to perform engineering, surveying and environmental services required to designing the widening of Miami Road between Kern and Jackson from two lanes to four lanes with the use of federal and urban funds. Therefore, upon a motion made by Ms. Roemer, seconded by Mr. Powell and carried, the Agreement was approved and executed. APPROVAL OF AGREEMENT_ - ALLEYWAY LIGHTING BETWEEN STATE THEATER AND HEARTLAND - PROJECT NO. 98-73 Mr. Caldwell stated that the Board is in receipt of an Agreement. between the City of South Bend and Design Services, 120 South Hill Street, Mishawaka, Indiana, for a proposal for electrical engineering services for the above referred to project. Mr. Caldwell noted that the Agreement is in the amount of $4,400.00. Therefore, upon a motion made by Mr. Caldwell, seconded by Ms. Roemer and carried, the Agreement was approved and executed. APPROVAL OF PROPOSAL - ENGINEERING SERVICES - SANITARY SEWER AND PUMPING STATION - VANES STREET AND STATE ROAD 23 Mr. Caldwell stated that the Board is in receipt of a Proposal between the City of South Bend and Lawson Fisher' Associates, 525 West Washington, South Bend, Indiana, for engineering services for the installation of a §anitary sewer and a pump station at Vaness Street and State Road 23. Mr. (w"-JL l REGULAR MEETING AUGUST 10, 1998 Caldwell noted that the Proposal is in the amount of $8,700.00. Therefore, upon a motion made by Mr. Powell, seconded by Mr. Caldwell and carried, the Proposal was approved and executed. APPROVAL OF PROPOSAL - ENGINEERING SERVICES - PROSPECT STREET/WABASH STREET INFRASTRUCTURE IMPROVEMENTS - PROJECT NO. 98-70 Mr. Caldwell stated that the Board is in receipt of an Agreement between the City of South Bend and Bosh Design Group, Inc., 113 Lincolnway West, Mishawaka, Indiana, to provide the design of infrastructure improvements on Wabash and Prospect Streets. Mr. Caldwell noted that the Agreement is in the amount of $32,230.00. Therefore, upon a motion made -by Mr. Powell, seconded by Mr. Caldwell and carried, the Agreement was approved and executed. APPROVAL OF PROPOSAL - PREPARATION OF SANITARY SEWER EXPANSION PLANS - HOMELAND SUBDIVISION Mr. Caldwell stated that the Board is in receipt of a Proposal between the City of South Bend and R/V Consultants, Post Office Box 554, Granger, Indiana, for the design and specifications for the above referred to project. Mr. Caldwell noted that the Proposal is in the amount of $14,900.00. Therefore, upon a motion made by Ms. Roemer, seconded by Mr. Powell and carried, the Proposal was approved and executed. APPROVAL OF CHANGES TO CITY STANDARDS In a memorandum to the Board, Mr. Carl Littrell, City Engineer, requested approval to change three (3) sheets of the `City of South Bend Standards for Design and Construction'', as submitted. Upon a motion made by Ms. Roemer, seconded by Mr. Powell and carried, the changes were approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - STUDEBAKER CORRIDOR REDEVELOPMENT AREA - BLOCK 10 - STREET AND SIDEWALK IMPROVEMENTS - PROJECT NO. 96-82 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 provide improvements to the Studebaker Corridor Block 10. The Redevelopment Department has identified funds to pay for this work. Therefore, upon a motion made by Mr. Powell, seconded by Ms. Roemer and carried, the recommendation was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEII'T OF BIDS -SOUTHEAST NEIGHBORHOOD - SECTION ONE - STORM SEWER SEPARATION/ CURB AND SIDEWALK - PROJECT NO. 98-41-5 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 provide infrastructure for a new subdivision of single family homes on the southeast side. Therefore, upon a motion made by Ms. Roemer, seconded by Mr. Caldwell and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION - TO CLOSE STREET - BLOCK PARTY Mr. Caldwell 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. Sandy Schrader, 533 East Altgeld, South Bend, Indiana to conduct the above referred to block party, on August 16, 1998, on Altgeld from Fellows to Erskine. Upon a motion made by Mr. Caldwell, seconded by Mr. Roemer and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION - TO CONDUCT PROJECT DAYMAKER WALK-A- THON Mr. Caldwell 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. Jodi Willhardt, Project Daymaker, 4235 Muhlhauser Road, Fairfield, Ohio to conduct the above referred to walk, on September 20, 1998, on the designated route as submitted. Upon a motion made by Ms. Roemer, seconded by Mr. Powell and carried, the recommendation was approved. 1 1 REGULAR MEETING AUGUST 10 1998 ADOPT RESOLUTION NO. 65-1998 - ADOPT A WRITTEN FISCAL PLAN AND ESTABLISH A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA IN GERMAN TOWNSHIP (MATTEO ANNEXATION) Upon a motion made by Ms. Roemer, seconded by Mr. Powell and carried, the following Resolution was adopted by the Board of Public Works. Mr. Larry Magliozzi, Planning, was present, and stated that this was a voluntary annexation, consisting of approximately five (5) acres, and is an extension of the Field Pointe Estates subdivision. RESOLUTION NO, 65-1998 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 ANNEXED AREA IN GERMAN TOWNSHIP (MATTEO ANNEXATION) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an ordinance which proposes the annexation of the real estate described hereinafter as Exhibit "A", located in German Township, St. Joseph County, Indiana; and WHEREAS, the territory proposed to be voluntarily annexed by more than 51% of the owners of such annexed land, consists of approximately 4.8 acres of unimproved, undeveloped wooded land located approximately 500 feet south of the Brick and Portage Roads intersection on the west side of Portage Road in German Township, St. Joseph County, Indiana; with approximately 24% of its aggregate external boundaries coinciding with the boundaries of the City of South Bend. This annexation area is proposed for residential development, and will require a basic level of municipal public services of a non -capital nature, including street and road maintenance, and services of a capital improvement nature, including street lighting, roads, curbs, sidewalks, and sewer facilities; 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 and other non -capital services normally provided within the corporate boundaries, and services of a capital improvement nature including street lighting, roads, curbs, sidewalks and sewer facilities, and other capital improvements normally provided within the corporate boundaries, 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 corporation 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 of 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 German Township, St. Joseph County, Indiana, described in 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, within one (1) year of the effective date REGULAR MEETING AUGUST 10, 1998 5,. of the annexation, in a manner equivalent in standard and scope to the 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 street lighting, roads, curbs, sidewalks and sewer facilities 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, and in a manner consistent with federal, state and local laws, procedures, and planning criteria. . Section III. That the Board of Public Works shall and does hereby now establish and adopt the fiscal plan, attached hereto and made a part hereof, for the furnishing of said services to the territory to be annexed. Adopted this 10th day of August, 1998. BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA s/James R. Caldwell, President s/Lewis N. Powell, Member s/M. Catherine Roemer, Member ATTEST: s/Angela K. Jacob, Clerk ADOPT RESOLUTION NO. 66-1998 - RENEWAL OF TCI'S CABLE TELEVISION FRANCHISE AGREEMENT AND SETTING A PUBLIC HEARING Upon a motion made by Ms. Roemer, seconded by Mr. Powell and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 66-1998 A RESOLUTION OF THE BOARD OF PUBLIC WORKS FOR THE CITY OF SOUTH BEND, INDIANA, REGARDING THE RENEWAL OF TCI'S CABLE TELEVISION FRANCHISE AGREEMENT AND SETTING A PUBLIC HEARING WHEREAS, the Cable Television Act of 1992, §546, and the South Bend Municipal Code, §7 grant the City of South Bend franchising authority over any cable television provider doing business in the City of South Bend; and WHEREAS, TCI of Michiana, Inc. and the City of South Bend, by and through its Board of Public Works, entered into a Franchise Agreement on May 31, 1983; and WHEREAS, said Franchise Agreement expired on May 31, 1998 and pursuant to Board of Public Works Resolution No. 52-1998 was extended to August 31, 1998; and WHEREAS, TCI notified the City of South Bend of its desire to renew its Franchise Agreement with the City of South Bend; and WHEREAS, the City of South Bend, by and through its Board of Public Works is currently considering the renewal of said Franchise Agreement; and WHEREAS, under §546(h), the Board of Public Works is required to afford the public adequate notice and opportunity for comment prior to granting or denying the Franchise. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS FOR THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: REGULAR MEETING AUGUST 10, 1998 1. That in accordance with 47 U.S.C. 546 and §7-11 of the South Bend Municipal Code, the Board of Public Works for the City of South Bend, hereby establishes Thursday, August 27 , 1998 at 9:v00 a .m., at Recital Hall, Century Center , South Bend, Indiana 46601, as the date, time and place at which it will conduct a public hearing to consider TCI's application for franchise renewal, at which time the Board of Public Works for the City of South Bend, Indiana, will consider evidence, which may be presented concerning the legal character, financial condition, and technical expertise; the responsiveness of TCI to customer complaints, the performance, of TCI under its current Franchise Agreement, any proposed changes in the operation of the franchise, and any other matters relating to TCI's ability to operate a cable television system in compliance with the terms, standards, and conditions of Chapter 7 of the South Bend Municipal Code. 2. That the Board of Public Works for the City of South Bend, Indiana, hereby directs the Clerk of the Board to cause to be published, notice of the adoption of this Resolution, which shall include the date, time, and place of the public hearing. 3. This Resolution shall be in full effect from and after its adoption. Adopted this 10th day of August, 1998. BOARD OF PUBLIC WORKS FOR THE CITY OF SOUTH BEND, INDIANA s/James R. Caldwell, President 's/Lewis N. Powell, Member s/M. Catherine Roemer, Member ATTEST: s/Angela K. Jacob, Clerk ADOPT RESOLUTION NO. 67-1998 - TRANSFER OF REAL PROPERTY TO AMERICAN HOME DREAMS, INC. Upon a motion made by Ms. Roemer, seconded by Mr. Powell and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 67-1998 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE TRANSFER REAL PROPERTY TO AMERICAN HOME DREAMS, INC. WHEREAS, the City of South Bend, Indiana (hereinafter the "City"), owns or is in the process of acquiring two (2) parcels of real property situated in the City of South Bend, St. Joseph County, Indiana, and being more particularly described as follows: Situate in St. Joseph County, State of Indiana: Part of Lot Numbered One Hundred Twenty-three (123) as shown on the recorded Plat of Martin L. Wenger's Fifth Addition to the City of South Bend, described as beginning at the Southeast corner thereof, thence running North on the East line of said Lot Forty (40) feet; thence West Ninety-six (96) feet to a Twelve (12) foot alley which crosses said Lot from North to South; thence South on the East line of said alley Forty (40) feet to the South line of said Lot One Hundred Twenty-three (123); thence East on the South line of said Lot Ninety-six (96) feet to the place of beginning. Situate in St. Joseph County, State of Indiana: Lot Numbered One Hundred Thirty-one (131) as shown on the recorded Plat of Martin L. Wenger's Fifth Addition to the City of South Bend, recorded June 17, 1892 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 6, page 21, EXCEPTING Forty- two (42) feet off the North end thereof. WHEREAS, said real property was not obtained by the City through eminent domain; and WI-IEREAS, the care, custody and control of City real estate is vested in the Board of Public Works pursuant to I.C. 36-9-6-3; and WHEREAS, American Home Dreams, Inc., (hereafter AHD) desires to obtain ownership of the above -described real estate for development of good quality, affordable housing for residents with low or moderate incomes; and WHEREAS, the above -described real estate is in an area which has been targeted for redevelopment; and WHEREAS, I.C. 36-1-11-4.2 allows the Board to sell property not acquired through eminent domain for the purpose of promoting an economic development project or facilitating compatible land use planning; and WHEREAS, the construction of affordable in -fill housing is consistent with these purposes; and NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend, Indiana, as follows: 1) The City shall transfer to AHD, for the Sum of One Dollar ($1.00) two (2) parcels of real property more particularly described as follows: Situated in St. Joseph County, State of Indiana: Part of Lot Numbered One Hundred Twenty-three (123) as shown on the recorded Plat of Martin L. Wenger's Fifth Addition to the City of South Bend, described as beginning at the Southeast corner thereof, thence running North on the East line of said Lot Forty (40) feet; thence West Ninety-six (96) feet to a Twelve (12) foot alley which crosses said Lot from North to South; thence South on the East line of said alley Forty (40) feet to the South line of said Lot One Hundred Twenty-three (123); thence East on the South line of said Lot Ninety-six (96) feet to the place of beginning. Situated in St. Joseph County, State of Indiana: Lot Numbered One Hundred Thirty-one (131) as shown on the recorded Plat of Martin L. Wenger's Fifth Addition to the City of South Bend, recorded June 17, 1892 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 6, page 21, EXCEPTING Forty- two (42) feet off the North end thereof. 2) Said transfer shall be subject to a purchase agree- ment and addendum to purchase agreement setting forth the terms and conditions of the sale. 3) Said transfer shall be accomplished by a warranty deed, executed by the Mayor of the City of South Bend and attested to by the South Bend City Clerk. Adopted this 1 Oth day of August, 1998. BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA s/James R. Caldwell, President s/Lewis N. Powell, Member s/M. Catherine Roemer, Member ATTEST: s/Angela K. Jacob, Clerk 1 0" 1 1 REGULAR MEETING AUGUST 10, 1998 APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Ms. Roemer, seconded by Mr. Powell and carried, the following traffic control devices were approved: New Installation - 3-Way Stop 20th and Mishawaka New traffic signals - will not be Avenue completed before the IUSB fall school year begins. Traffic will install temporary stop signs on 8/24/98 New Installation - Handicap 202 East Bartlett - Apt. 1 Ms. Greenamyer has met all Sign requirements New Installation - Handicap 601 36th Street Mr. Szymczak has met all Sign requirements New Installation - Handicap 108 South Notre Dame Ms. Minkow has met all Sign requirements New Installation - Handicap 1610 East Donald Mr. Tobin has met all Sign requirements New Installation - School Zone Campeau, Eddy to Jacob Signs installed for Perley School sign APPROVE EXCAVATION BOND Mr. Larry D. Spradlin, Sr., Engineer, Division of Engineering, recommended that the following Contractor Bond be approved as follows: BOND OF CONTRACTOR Keith Adams d/b/a/ D.R. Adams, Inc. Approved Retroactive to August3,1998 Mr. Caldwell made a motion that the recommendation be accepted and that the Bond be approved as outlined above. Mr. Powell seconded the motion which carried. APPROVE TITLE SHEETS - MARQUETTE/MEADE SIDEWALK - PROJECT NO 98-64 - SOUTHEAST NEIGHBORHOOD SECTION ONE - STORM SEWER SEPARATION CURB AND SIDEWALK - PROJECT NO. 98-41-5 Mr. Caldwell advised that the Title Sheets for the above referred to projects were being presented at this time for execution. Upon a motion made by Mr. Caldwell, seconded by Mr. Powell and carried, the above referred to Title Sheets were approved and signed. APPROVE CLAIMS Ms. M. Catherine Roemer, City Controller, submitted claims in the amount of $1,165,946.11 and recommended approval. Additionally, Mr. Juan Manigault, Executive Director, WDS of Northern Indiana, submitted one (1) list containing claims in the amount of $46,504.99 and recommended approval. Ms. Roemer made a motion that the claims be approved and the reports as submitted be filed. Mr. Powell seconded the motion which carried. a REGULAR MEETING AUGUST 10, 1998 ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Caldwell, seconded by Ms. Roemer and carried, the meeting adjourned at 10:12 a.m. BOARD OF PUBLIC WORKS ames R. Caldwell, President 14-' ALX Lewis N. Powell, Member r-o� M. Catherine Roemer, M ber A ST: Angela 9. Jacob, herk �1