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HomeMy WebLinkAbout08/31/98 Board of Public Works MinutesREGULAR MEETING AUGUST 31, 1998 The regular meeting of the Board of Public Works was convened at 9:35 a.m. on Monday, August 31, 1998, by Board President James R. Caldwell, with Mr. Lewis N. Powell and Ms. M. Catherine Roemer present. Also present was Board Attorney Michelle Engel. AGENDA ITEMS ADDED Upon a motion made by Mr. Caldwell, seconded by Ms. Roemer and carried, the following items were added to the agenda: - College Football Hall of Fame Representation Agreement - Ameritech Agreement - Street Name Change Request APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Powell, seconded by Ms. Roemer and carried, the minutes of the regular meeting of the Board held on August 24, 1998, were approved. PUBLIC HEARING - INTENT TO LEASE THE PROPERTY AT 2214 MISHAWAKA AVENUE SOUTH BEND, INDIANA AS SPACE FOR A NEIGHBORHOOD PARTNERSHIP CENTER Mr. Caldwell advised that this was the date set for the Board's Public Hearing concerning a lease for the property at 2214 Mishawaka Avenue, for use as a neighborhood partnership center. The terms of the lease are for a period of one (1) year, with an one (1) year option to renew exercisable by the parties. The total rent shall not exceed Four Thousand, Nine Hundred Twenty Dollars ($4,920.00) in the first term and, if the option to renew is exercised, Four Thousand, Nine Hundred Twenty Dollars ($4,920.00) in the second term. 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. Caldwell, seconded by Mr. Powell and carried, the Lease was approved. OPENING OF QUOTATIONS - EXTERIOR SIDING - FIRE STATION NO 11 - PROJECT NO 80-1998 Mr. Caldwell advised that this was the date set for the receiving and opening of sealed Quotations for the above referred to project. The following Quotations were opened and read: ABC SEAMLESS/CONNOLLY CONSTRUCTION 12873 McKinley Highway Mishawaka, Indiana 46545 Quotation was submitted by ABC Seamless QUOTATION: $30,400.00 J&K CONSTRUCTION. INC. 1802 South Olive South Bend, Indiana 46613 Quotation was submitted by Mr. Kenneth Donut QUOTATION: $37,526.00 GREAT LAKES WINDOWS, INC. 1323 South Michigan Street South Bend, Indiana 46601-3459 Quotation was submitted by Great Lakes Windows QUOTATION: $32,675.00 REGULAR MEETING BELL ALUMINUM SALES 3319 West Sample Street South Bend, Indiana 46619 Quotation was submitted by Mr. Stanley Sebo QUOTATION: $28,000.00 AUGUST.31, 1998 Upon a motion made by Mr. Caldwell, seconded by Ms. Roemer and carried, the above Quotations were referred to the Division of Engineering and the Fire Department for review and recommendation. OPENING OF BIDS - SOUTHEAST NEIGHBORHOOD SECTION ONE - STORM SEWER SEPARATION, CURB AND SIDEWALK - PROJECT NO. 98-41-5 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: RIETH RILEY CONSTRUCTION CO., INC. 25200 State Road 23 South Bend, Indiana 46634 Bid was signed by Mr. Christopher Weinkauf, Sales Manager Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $285,831.00 ATLAS EXCAVATING, INC. 1270 Washington Avenue Frankfort, Indiana 46041 Bid was signed by Ms. Tina Dillon, Secretary/Treasurer Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $262,726.00 NILES CONCRETE SAWING & CONSTRUCTION, INC. 2580 East Detroit Road Niles, Michigan 49120 Bid was signed by Mr. Daniel Kulwicki, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $428,322.50 HRP CONSTRUCTION INC. Post Office Box 266 South Bend, Indiana 46624-0266 Bid was signed by Mr. Paul J. Fallon, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted 1 1 I REGULAR MEETING BID: $287,963.00 KASER CONCRETE CONTRACTOR, INC. 61130 Locust Road South Bend, Indiana 46614 Bid was signed by Mr. Jon T. Kaser, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $40,401.500 AUGUST 31, 1998 Upon a motion made by Mr. Caldwell, seconded by Ms. Roemer and carried, the above bids were referred to the Division of Engineering for review and recommendation. OPENING OF BIDS - FIRE STATION NO. 10 - PROJECT NO. 97-18 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: ZIOLKOWSKI CONSTRUCTION 1005 South Lafayette Boulevard South Bend, Indiana 46624 Bid was signed by Mr. Ben Ziolkowski, CEO Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $1,385,697.00 Alternate No. 1 Add $37,561.00 Alternate No. 2 N/C Alternate No. 3 Deduct $13,000.00 Alternate No. 4 Deduct $ 4,520.00 Alternate No. 5 Deduct $ 1,103.00 THE ROBERT HENRY CORPORATION 404 South Frances Street South Bend, Indiana 46624 Bid was signed by Mr. Stephen R. Henry, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $1,315,315.00 Alternate No. 1 Deduct $38,500.00 Alternate No. 2 Add $ 8,000.00 Alternate No. 3 Deduct $20,000.00 Alternate No. 4 Deduct $ 2,300.00 Alternate No. 5 Deduct $ 1,500.00 BATTEAST CONSTRUCTION COMPANY, INC. 430 East LaSalle Avenue South Bend, Indiana 46617 Bid was signed by Mr. Robert V. Batteast, President REGULAR MEETING Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted AUGUST 31, 1998 BID: $1,389,780.00 Alternate No. 1 Add $46,500.00 Alternate No. 2 Add $ 7,400.00 Alternate No. 3 Deduct $14,000.00 Alternate No. 4 Deduct $ 6,450.00 Alternate No. 5 Deduct $ 1,880.00 BROWN & BROWN GENERAL CONTRACTORS, INC. Post Office Box 487 124 South Elkhart Street Wakarusa, Indiana 46573-0487 Bid was signed by Mr. Ben Ziolkowski, CEO Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $1,393,000.00 Alternate No. 1 Add $39,162.00 Alternate No. 2 Add $ 9,765.00 Alternate No. 3 Deduct $12,160.00 Alternate No. 4 Deduct $ 4,257.00 Alternate No. 5 Deduct $ 1,490.00 GIBSON-LEWIS, LLC 1001 West I Ith Street Mishawaka, Indiana 46544 Bid was signed by Mr. Robert Carpenter, P.E. Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $1,270,000.00 Alternate No. 1 Add $33,600.00 Alternate No. 2 Add $ 6,000.00 Alternate No. 3 Deduct $20,000.00 Alternate No. 4 Alternate No. 5 Deduct $ 2,000.00 VERKLER, INC. 4406 Technology Drive South Bend, Indiana 46628 Bid was signed by Mr. Fred Lusk, CEO Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $1,442,400.00 Alternate No. 1 Add $37,900.00 Alternate No. 2 Add $ 7,800.00 Alternate No. 3 Deduct $34,900.00 Alternate No. 4 Add $ 1,300.00 Alternate No. 5 Deduct $ 2,000.00 REGULAR MEETING AUGUST 31, 1998 CASTEEL CONSTRUCTION CORPORATION 23186 West Ireland Road South Bend, Indiana 46614 Bid was signed by Mr. R.V. Casteel, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $1,247,000.00 Alternate No. 1 Add $38,000.00 Alternate No. 2 Add $ 6,500.00 Alternate No. 3 Deduct $23,000.00 Alternate No. 4 Deduct $ 2,500.00 Alternate No. 5 Deduct $ 1,400.00 Upon a motion made by Ms. Roemer, seconded by Mr. Powell and carried, the above bids were referred to the Division of Engineering and Mathews-Purucker-Anella for review and recommendation. OPENING OF BIDS - STUDEBAKER CORRIDOR REDEVELOPMENT AREA - BLOCK 10 - LAFAYETTE BOULEVARD RECONSTRUCTION - CURB AND SIDEWALK IMPROVEMENTS - PROJECT NO. 96-82 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, Executive Vice President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $232,319.05 NILES CONCRETE SAWING & CONSTRUCTION, INC. 2580 East Detroit Road Niles, Michigan 49120 Bid was signed by Mr. Daniel L. Kulwicki, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $229,261.50 BATTEAST CONSTRUCTION COMPANY, INC. 430 East LaSalle Avenue South Bend, Indiana Bid was signed by Mr. Robert Batteast, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted 1� b. 0`?� REGULAR MEETING BID: $226,145.00 RIETH RILEY CONSTRUCTION COMPANY, INC. 25200 State Road 23 South Bend, Indiana 46634 AUGUST 31, 1998 Bid was signed by Mr. Christopher Weinkauf, Sales Manager Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $198,423.00 Upon a motion made by Ms. Roemer, seconded by Mr. Powell and carried, the above bids were referred to the Division of Engineering for review and recommendation. AWARD QUOTATION - MARQUETTE AND MEADE STREETS - SIDEWALK, CURB AND APPROACH CONSTRUCTION - PROJECT NO. 98-64 Mr. Carl P. Littrell, City Engineer, advised the Board that on August 24, 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 Walsh and Kelly, Inc., 24358 State Road 23, South Bend, Indiana in the amount of $22,483.50. Therefore, Mr. Powell made a motion that the recommendation be accepted and the quotation be awarded as outlined above. Mr. Caldwell seconded the motion which carried. APPROVE CHANGE ORDERS AND PROJECT COMPLETION AFFIDAVIT - SAMPLE/EWING STORM SEWER SYSTEM - PHASE I - PROJECT NO. 96-52 Mr. Caldwell advised that Mr. Toy Villa, Public Construction Manager has submitted two (2) Change Orders on behalf of Woodruff and Sons, Inc., Post Office Box 450, Michigan City, Indiana, and recommended approval: Change Order 2 Increase $167,941.82 $980,948.33 Change Order 3 Decrease $27,255.45 $953,692.88 Additionally submitted was the Project Completion Affidavit indicating the final cost of $953,692.88. Upon a motion made by Mr. Caldwell, 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 COMMUNITY DEVELOPMENT CONTRACT The following Community Development Contract was presented to the Board for approval: Planning & Neighborhood $75,000.00 Acquire and demolish buildings in the 600-800 Development blocks of Indiana Avenue in Rum Village Upon a motion made by Ms. Roemer, seconded by Mr. Powell and carried, the above referred to Contract was approved and executed. APPROVAL OF AGREEMENT - BUILDING BLOCK GRANT PROGRAM AGREEMENT Mr. Caldwell stated that the Board is in receipt of an Agreement between the City of South Bend and the Scottsdale Community Club, Inc., 4802 York Road, South Bend, Indiana, for repairing the community center. Mr. Caldwell noted that the Agreement is in the amount of $1,000.00. Therefore, upon a motion made by Ms. Roemer, seconded by Mr. Caldwell and carried, the Agreement was approved and executed. 1 REGULAR MEETING AUGUST 31, 1998 APPROVAL OF UTILITY AGREEMENTS Mr. Caldwell stated that the Board is in receipt of Utility Agreement for the Ironwood Drive Widening Project, from Ridgedale to Ewing, between the City of South Bend and Ameritech, Northern Indiana Public Service, South Bend Water Department and TCI Michigan, for utility facilities on Ironwood Drive approximately 490 feet south of Ridgedale Road to approximately 100 feet south of Ewing Avenue. Therefore, upon a motion made by Mr. Powell, seconded by Ms. Roemer and carried, the Agreements were approved and executed. APPROVAL OF REPRESENTATION AGREEMENT - CFHF -HOST COMMUNICATIONS Mr. Caldwell stated that the Board is in receipt of an Agreement between the City of South Bend and Host Communications, for representation of the College Football Hall of Fame for sponsorships. Mayor Stephen Luecke was present, and stated that this Agreement will obtain sponsorships for the College Football Hall of Fame. Mr. Bernie Kish, College Football Hall of Fame, stated that Host Communications is used by the NCAA for marketing and sponsorships. The Hall of fame will be part of these sponsorships. Mayor Luecke and Mr. Kish recommended approval of this Agreement. These is not a cost involved in this agreement; sponsorships will result from the marketing. Therefore, upon a motion made by Mr. Powell, seconded by Mr. Caldwell and carried, the Agreement was approved and executed. AMERITECH AGREEMENT TABLED Upon a motion made by Mr. Caldwell, seconded by Ms. Roemer and carried, the Ameritech Agreement was tabled. ADOPT RESOLUTION NO. 75-1998 - INTENT TO LEASE THE PROPERTY AT 2202 HURON SOUTH BEND_ INDIANA, FOR USE AS A NEIGHBORHOOD PARTNERSHIP CENTER 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. 75-1998 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, DECLARING ITS INTENT TO LEASE THE PROPERTY AT 2202 HURON, SOUTH BEND, INDIANA, FOR USE AS A NEIGHBORHOOD PARTNERSHIP CENTER 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 2202 Huron, South Bend, Indiana, has been selected as a site for a Neighborhood Partnership Center; and WHEREAS, the property to be leased at 2202 Huron, South Bend, Indiana, contains approximately two thousand (2,000) 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 August 25, 1998, 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 2202 Huron, South Bend, Indiana, for a term of one year, with an option to renew for one year, with a monthly rental of Five Hundred Fifty Dollars ($550.00), not to exceed Six Thousand Six Hundred Dollars ($6,600.00) in the term; and WHEREAS, the Board also received, on August 25, 1998, 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 August 25, 1998, a proposed lease agreement ("Proposed Lease") concerning the lease of the premises as petitioned; and REGULAR MEETING AUGUST 31, 1998 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 of Public Works of the 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 2202 Huron, 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 August 25, 1998, 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 an option to renew for one year, with a monthly rental of Five Hundred Fifty Dollars ($550.00), not to exceed Six Thousand Six Hundred Dollars ($6,600.00). 4) That REB S, Inc. 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 August 25, 1998, 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. 7) That a public hearing on the proposed lease is hereby set for September 28, 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. Board. 8) That this Resolution will be in full force and effect from and after its passage by the Adopted this 31 st day of August, 1998. CITY OF SOUTH BEND, BOARD OF PUBLIC WORKS s/James R. Caldwell, President s/Lewis N. Powell, Member s/M. Catherine Roemer ATTEST: s/Angela K. Jacob, Clerk ADOPT RESOLUTION NO. 76-1998 - DISPOSAL OF CITY OWNED PROPERTY Upon a motion made by Mr. Powell, seconded by Ms. Roemer and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 76 -1998 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS. ON DISPOSAL OF UNFIT AND/OR OBSOLETE PROPERTY WHEREAS, it has been determined by the Board of Public Works that the following property is unfit for the purpose for which it was intended and is no longer needed by the City of South Bend: REGULAR MEETING AUGUST 31, 1998 911 CENTER TAPE RECORDERS WHEREAS, Indiana Code 36-1-11-6(c) permits and establishes procedure for disposal of personal property which is unfit for the purpose for which it was intended and which is no longer needed by the City. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that the items listed above are no longer needed by the City; are unfit for the purpose for which they were intended and have an estimated value of less than five thousand dollars ($5000.00). BE IT FURTHER RESOLVED, that said items may be transferred or sold at public auction or private sale, without advertising. However, if the property is deemed worthless, such may be demolished or junked. ADOPTED this 31 st day of August, 1998. BOARD OF PUBLIC WORKS 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. 77-1998 - RENEWAL OF TCI'S CABLE TELEVISION FRANCHISE 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. 77-1998 A RESOLUTION OF THE BOARD OF PUBLIC WORKS FOR THE CITY OF SOUTH BEND, INDIANA, REGARDING THE RENEWAL OF TCI'S CABLE TELEVISION FRANCHISE AND SETTING A PUBLIC HEARING WHEREAS, the Cable Television Act of 1992, §546, and the South Bend Municipal Code 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 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 was extended twice. The Franchise Agreement now expires on September 30, 1998; and WHEREAS, TCI notified the City of South Bend of its desire to renew its Franchise Agreement with the City of South Bend, Indiana; 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 47 U.S.C. §546(h), the Board of Public Works is require to afford the public adequate notice and opportunity for comment prior to granting or denying TCI's Franchise; WHEREAS, the Board of Public Works scheduled a hearing on TCI's Franchise renewal for Thursday, August 27, 1998, at 9:00 a.m. at Century Center. Due to low public turnout, the hearing was continued. REGULAR MEETING AUGUST 31. 1998 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS FOR THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: 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 Tuesday. September 22, 1998 at 5:30 p.m., at Council Chambers 4th Floor, County -City Building, 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 31 st 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. 78-1998 - EXTEND THE CABLE TELEVISION FRANCHISE AGREEMENT WITH TCI OF MICHIANA Upon a motion made by Ms. Roemer, seconded by Mr. Caldwell and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 78-1998 RESOLUTION OF THE BOARD OF PUBLIC WORKS THE CITY OF SOUTH BEND, INDIANA TO EXTEND THE CABLE TELEVISION FRANCHISE AGREEMENT WITH TCI OF MICHIANA WHEREAS, the Board of Public Works of the City of South Bend C'Board") entered into a Cable Television Franchise Agreement C'Agreement") with Indiana Cablevision Corporation on May 31, 1983; and WHEREAS, the Agreement is currently in force between the Board and TCI of Michiana; and WHEREAS, the Agreement expired on May 31, 1998; and WHEREAS, negotiations between TCI of Michiana and the Board have been delayed due to South Bend School Corporation's delay in providing a list of demands to the Board for TCI of Michiana, and lack of public presence at the hearing held on Thursday, August 27, 1998 at 9:00 a.m. at Century Center; and WHEREAS, this delay has caused the postponement of the public hearing process necessitated by the renewal of the Agreement and required by the Cable Act; and WN- REGULAR MEETING AUGUST 31 1998 WHEREAS, a thirty (30) day extension should be sufficient to hold an additional public hearing on the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SOUTH BEND BOARD OF PUBLIC WORKS, AS FOLLOWS: The Cable Franchise Agreement between the Board of Public Works and TCI of Michiana is hereby extended ninety (30) days, which Franchise Agreement now expires on September 30, 1998. BE IT RESOLVED by the City of South Bend Board of Public Works on August 31, 1998 at a regularly scheduled meeting of the Board. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/James R. Caldwell, President s/Lewis N. Powell, Member s/M. Catherine Roemer, Member ATTEST: s/Angela K. Jacob, Clerk APPROVAL OF RECOMMENDATION - TO ENCROACH ONTO PUBLIC RIGHT OF WAY Mr. Caldwell stated that favorable recommendations have been received by the Division of Engineering, Building Department, Fire Department and the City Attorney's office, in reference to a request as submitted by Mr. Rex Dishman, Sign a Rama, 512 West McKinley, Mishawaka, Indiana to install a projecting sign at Mason's Heating and Air Conditioning, 118 East Sample, South Bend, Indiana. Upon a motion made by Mr. Powell, seconded by Mr. Caldwell and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION - TO CLOSE STREETS - TAILGATE/HOG ROAST 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 Mr. Julius Cheney, Finnigan's Irish Pub, 113 East Wayne, South Bend, Indiana to conduct the above referred to tailgate/hog roast, on September 4 and 5, 1998, on Wayne from St. Joseph to Michigan Streets from 6:00 p.m. until 2:00 a.m. The 6:00 p.m. start time is due to traffic downtown on Friday. Upon a motion made by Mr. Caldwell, seconded by Mr. Powell 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 Mr. Paul Hayden, 914 Lincolnway West, South Bend, Indiana to conduct the above referred to block party, on September 12, 1998, on LaPorte from West Washington to West Colfax, 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 Mr. Rosin Lewis, Powell Tool Supply, 1338 Mishawaka Avenue, South Bend, Indiana to conduct the above referred to block party, on September 16 and 17, 1998, on the alley between Oakland and Emerson. Upon a motion made by Ms. Roemer, seconded by Mr. Powell 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. Tracy Clark, LaSalle Park Homes, 102 South Falcon, South Bend, Indiana to conduct the above referred to block party, on September 12, 1998, on Falcon from Jefferson to Washington. Upon a motion made by Ms. Roemer, seconded by Mr. Powell and carried, the recommendation was approved. REGULAR MEETING AUGUST 31, 1998 PETITION FOR THE ESTABLISHMENT OF A RESIDENTIAL PARKING ZONE DENIED Mr. Jose Garcia, 427 West Ewing Avenue, South Bend, Indiana, presented a petition for the establishment of a residential parking zone for Board approval. Ms. Marcia Qualls, Traffic Investigator, recommended that the petition be denied, as the average occupancy is thirty-six percent (36%). The Municipal Ordinance requires seventy-five percent (75%) non-residents to park on the streets. The non residents percentage is fourteen percent (14%), and ordinance requires twenty-five percent (25%). Upon a motion made by Mr. Powell, seconded by Mr. Caldwell and carried, the petition was denied. APPROVAL OF LICENSE APPLICATION FOR RUBBISH AND GARBAGE REMOVAL SERVICE Mr. Caldwell stated that the Board is in receipt of favorable recommendations from Mr. Clarence Love, 3206 Revere Place, South Bend, Indiana for a License Application for a Rubbish and Garbage Removal Service. Mr. Caldwell stated that the Bureau of sanitation has inspected the vehicle to be used in this business, and has found it to be satisfactory. Upon a motion made by Ms. Roemer, seconded by Mr. Powell and carried, the License Application was approved. APPROVE REQUEST TO RENAME MAYFLOWER COURT/MAYFLOWER ROAD TO MOREAU COURT In a memorandum to the Board, Mr. Carl Littrell, City Engineer, stated that Holy Cross Health System submitted a letter to Mr. Jim Caldwell on August 17, 1998, requesting that the street where their new office building is being constructed be named in honor of the founder of the Congregation of Holy Cross. The street is currently under construction to be complete for the occupancy of that building. The name shown on the subdivision plat and construction documents for it is Mayflower Court. The only access to Mayflower Court is via a segment of Mayflower Road which emanates from F. Jay Nimtz Parkway. The segment of Mayflower Road is not continuous of other sections of Mayflower Road which exist north of the Indiana Toll Road and south of the Michiana Regional Transportation Center. No existing buildings or facilities have mailing addresses using Mayflower Road. Mr. Littrell requested that both Mayflower Road and Mayflower Court be renamed to Moreau Court. Upon a motion made by Ms. Roemer, seconded by Mr. Powell and carried, the request was approved. APPROVE REQUEST TO ADVERTISE FOR RECEIPT OF BIDS - SALE OF ABANDONED VEHICLES Mrs. Kathy Dempsey, Director, Department of Code Enforcement, requested permission to advertise for the sale of approximately fifteen (15) 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 fienholders notified. Upon a motion made by Ms. Roemer, seconded by Mr. Caldwell and carried, the above request was approved. APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Ms. Roemer, seconded by Mr. Powell and carried, the following traffic control devices were approved: Removal of Handicap Sign 722 North Cleveland Signs no longer needed New Installation - No parking 115 Bellewood Mr. Tom Thompson has requested; he 7-4 - School Days lives across from Washington High School New Installation - No Parking 216 N. Hill Street St. Joe Catholic School - Temporary - School Zone until construction is complete, Monday through Friday APPROVE AND/OR RELEASE CONTRACTOR AND EXCAVATION BONDS Mr. Larry D. Spradlin, Sr., Engineer, Division of Engineering, recommended that the following Contractors and Excavation Bonds be approved and/or released as follows: LJ REGULAR MEETING BOND OF CONTRACTOR Skip's Home Improvement EXCAVATION BONDS Harmon Contract A&J Cranes, Inc. Trans Tech Electric AUGUST 31, 1998 Approved August 31, 1998 Released Effective August 3, 1998 Released Effective August 31, 1998 Approved August 31, 1998 Ms. Roemer made a motion that the recommendation be accepted and that the Bonds be approved and/or released as outlined aLove. Mr. Powell seconded the motion which carried. APPROVE CLAIMS Ms. M. Catherine Roemer, City Controller, submitted claims in the amount of $2,498,606.41 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. PRIVILEGE OF THE FLOOR Mr. Carl Littrell, City Engineer, requested that an area for a drainage easement near the Blackthorn Corporate Park be approved. The paperwork will be signed at the next Board of Public Works meeting. Mr. Powell stated that Verkler, Inc., submitted a letter to the Board, in reference to bid package 98- 25-5 for the Morris Performing Arts Center, requesting that Verkler 1) distributes plans and specifications from their office and 2) the bid opening date would be changed to a Thursday for Friday, early afternoon. Board members discussed the request, and recommended that the Board of Works continue the process of distributing plans and specs as in the past, and that there was not a need to have a special bid opening date, other that a regular Monday board meeting. ADJOURNMENT There being no further business to coma before the Board, upon a motion made by Ms. Roemer, seconded by Mr. Powell and carried, the meeting adjourned at 10:20 a.m. BOARD OF PUBLIC WORKS Z 'I'm J ames R. aldwell, President Lewis N. Powell, Member KCat ine Roemer, Me t er c