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HomeMy WebLinkAbout07/31/95 Board of Public Works Minutes!` s 1$ )P ', REGULAR MEETING JULY 31, 1995 The regular meeting of the Board of Public Works was convened at 9:35 a.m. on Monday, July 31, 1995, by Board President John E. Leszczynski, with Mr. Leszczynski and Mr. James R. Caldwell present. Board Member Jenny Pitts Manier was not present. Also present was Board Attorney Anne Bruneel. It was noted that this meeting is a continuation of the July 24, 1995 meeting, as there was not a quorum present at that meeting. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Caldwell, seconded by Mr. Leszczynski and carried, the minutes of the regular meeting of the Board held on July 17, 1995, were approved. OPENING OF BIDS - 1995 CONCRETE IMPROVEMENTS PROJECT - PROJECT NO. 95-41 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: LAPORTE CONSTRUCTION Post Office Box 577 LaPorte, Indiana 46352 Bid was signed by Mr. Thomas Blackburn, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five (5%) per cent Bid Bond was submitted BID: $92,992.04 KASER-SPRAKER CONSTRUCTION 25487 West State Road 2 South Bend, Indiana 46619 Bid was signed by Mr. Gary Spraker, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five (5%) per cent Bid Bond was submitted BID: $138,464.00 WALSH & KELLY, INC. 24358 State Road 23 South Bend, Indiana 46614 Bid was signed by Mr. James Walsh, P.E. Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five (5%) per cent Bid Bond was submitted BID: $98,633.20 KANKAKEE VALLEY CONSTRUCTION Post Office Box 1471 LaPorte, Indiana 46352 Bid was signed by Mr. James Nelson, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five (5%) per cent Bid Bond was submitted BID: $98,518.40 1390 REGULAR MEETING RIETH RILEY CONSTRUCTION 41 Post Office Box 1775 South Bend, Indiana 46634 JULY 31, 1995 Bid was signed by Mr. John Szuba, Sales Manager Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed , Five (5%) per cent Bid Bond was submitted BID: $156,431.00 NORTHERN INDIANA CONSTRUCTION CO. INC. Post Office Box 1333 Mishawaka, Indiana 46546 Bid was signed by Mr. David Walorski, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five (5%) per cent Bid Bond was submitted BID: $119,769.10 Upon a motion made by Mr. Caldwell, seconded by Mr. Leszczynski and carried, the above bids were referred to the Division of Engineering for review and recommendation. OPENING OF BIDS - AERIAL LIFT BOOM TRUCK 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: WHITEFORD FORD TRUCKS, INC. 4707 Western Avenue South Bend, Indiana 46619 Bid was signed by Mr. Rich Stopszynski Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Ten per cent (10%) Bid Bond was submitted BID: $54,965.00 New 1995 or 1996 Ford Super Duty Aerial Boom Truck with body by TECO, Inc. Delivery to be within 120 day restriction as set by Board. DELPHI BODY WORKS, INC 313 South Washington Street Delphi, Indiana 46923 Bid was signed by Mr. Richard Budd Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Ten (10%) per cent Bid Bond was submitted BID: $55,000.00 DUECO N4 W22610 Bluemound Road Waukesha, Wisconsin 53186 sin u REGULAR MEETING Bid was signed by Mr. Jon Rieckmann Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Ten (10%) per cent Bid Bond was submitted BID: $48,055.00 C-630-TGZ 1996 Ford F350 JULY 31, 1995 Upon a motion made by Mr. Caldwell, seconded by Mr. Leszczynski and carried, the above bids were referred to the Division of Equipment Services for review and recommendation. OPENING OF BIDS - TWO TON VIBRATORY ROLLER 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: MACDONALD MACHINERY CO., INC. 3911 Limestone Drive Fort Wayne, Indiana 46809 Bid was signed by Mr. Mark J. Johnston, Secretary Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Ten (10%) per cent Bid Bond was submitted BID: $12,307.00 Each - per Specifications as submitted $24,614.00 Two (2) DEEDS EQUIPMENT COMPANY, INC. 8015 East 45th Street Lawrence, Indiana 46226 Bid was signed by Mr. John K. Brennan, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Ten (10%) per cent Bid Bond was submitted BID: $11,235.00 - F.O.B. South Bend, Indiana Option: Deduct Planetary Drive - Less $1,400.00 Upon a motion made by Mr. Leszczynski, seconded by Mr. Caldwell and carried, the above bids were referred to the Division of Equipment Services for review and recommendation. OPENING OF BIDS - ALLEY MAINTAINER 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: DEEDS EQUIPMENT COMPANY, INC. 8015 East 45th Street Lawrence, Indiana 46226 Bid was signed by Mr. John K. Brennan, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Ten (10%) per cent Bid Bond was submitted BID: $58,302.00 Option: Vandalism Protection Kit - Add: $380.00 ?1` REGULAR MEETING JULY 31, 1995 SOUTHEASTERN EQUIPMENT CO INC 3333 West Coliseum Boulevard Fort Wayne, Indiana 46808 Bid was signed by Mr. John K. Brennan, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Ten (10%) per cent Bid Bond was submitted BID: $59,376.00 Upon a motion made by Mr. Leszczynski, seconded by Mr. Caldwell and carried, the above bids were referred to the Division of Equipment Services for review and recommendation. OPENING OF QUOTATIONS - WASHINGTON AVENUE IMPROVEMENTS AT CIRCLE AVENUE - SIDEWALK CURB AND APPROACH REPAIRS - PROJECT NO. 95-63 Mr. Leszczynski 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: VANOVERBERGHE BUILDERS INC. 53922 Olive Road South Bend, Indiana 46628 Quotation was submitted by Mr. Al VanOVerberghe, Vice President QUOTATION: $16,092.00 KASER-SPRAKER CONSTRUCTION INC. 25487 West State Road 2 South Bend, Indiana Quotation was submitted by Mr. Gary Spraker, President QUOTATION: $14,783.00 MCINTYRE JONES CONSTRUCTION CO. INC. 2526 West Sixth Street Mishawaka, Indiana Quotation was submitted by Mr. Kenneth McIntyre, Chairman of the Board QUOTATION: $14,927.00 Upon a motion made by Mr. Leszczynski, seconded by Mr. Caldwell and carried, the above Quotations were referred to the Division of Engineering for review and recommendation. AWARD BID - NEAR NORTHWEST PARTNERSHIP CENTER SERVICE AREA - SIDEWALK CURB AND APPROACH REPAIRS - PHASE II - PROJECT NO. 95-52 Mr. Carl P. Littrell, Director, Division of Engineering, advised the Board that on July 17, 1995, 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 Diamond Associates, 52042 Beech Road, Granger, Indiana 46530, in the amount of $33,446.00, for the base bid for Allen Street. Therefore, Mr. Caldwell made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mr. Leszczynski seconded the motion which carried. REGULAR MEETING JULY 31. 1995 AWARD BID - SALE OF 1985 PIERCE MIDI PUMPER Chief Luther Taylor, South Bend Fire Department, advised the Board that on July 17, 1995, bids were received and opened for the sale of the above referred to equipment. After reviewing those bids, Chief Taylor recommends that the Board award the sale of the midi pumper to Springfield Township, 4093 West U.S. 20, LaPorte, Indiana, in the amount of $56,648.00. In addition, Chief Taylor stated that this vehicle was declared obsolete by Resolution No. 30-1993. Therefore, Mr. Leszczynski made a motion that the recommendation be accepted and the bids be awarded as outlined above. Mr. Caldwell seconded the motion which carried. REJECT BID - SALE OF 1968 AMERICAN LAFRANCE PUMPER Chief Luther Taylor, South Bend Fire Department, advised the Board that on July 17, 1995, bids were received and opened for the sale of the above referred to equipment. After reviewing the bids, Chief Taylor recommends that the bid from Jerry Hardman, 227 Village Way, South Bend, Indiana, in the amount of $400 be rejected. It was the only bid received and much too low to be considered at this time. Upon a motion made by Mr. Leszczynski, seconded by Mr. Caldwell and carried, the recommendation was approved. APPROVE CONSTRUCTION CONTRACT - WESTERN AVENUE AT TAYLOR STREET - SIDEWALK REPAIRS - PROJECT NO. 95-54 Mr. Leszczynski advised that in accordance with the bid awarded on July 10, 1995, to Kaser-Spraker Construction, Inc., 25487 West State Road 2, South Bend, Indiana, in the amount of $2,025.00 for the above referred to project, a Contract in said amount was being submitted for Board approval. Upon a motion made by Mr. Leszczynski, seconded by Mr. Caldwell 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 - STUDEBAKER NATIONAL MUSEUM - REMOVAL OF LOOSE CEILING MATERIALS - PROJECT NO. 95-40 Mr. Leszczynski advised that in accordance with the bid awarded on July 10, 1995, to Kaser-Spraker Construction, Inc., 25487 West State Road 2, South Bend, Indiana, in the amount of $17,414.00 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 Mr. Leszczynski 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 - WHITCOMB & KELLER SUNNYMEDE - ENTRANCE GATE REPAIRS - PROJECT NO. 95-45 Mr. Leszczynski advised that in accordance with the bid awarded on July 10, 1995, to Masonry Restoration Specialty, Inc., 1904 Hartman Drive, South Bend, Indiana, in the amount of $4,950.00 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 Mrs. Manier 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 CONTRACT FOR CONSULTING SERVICES Mr. Leszczynski advised that the Board is in receipt of a Contract for consulting services between MTC Services, and the Department of Community and Economic Development. It is noted that this Contract is not to exceed the amount of 26,952.00. It is further noted that services to be provided include professional services for the City's work with the Neighborhood Business Development Corporation. Therefore, upon a motion made by Mr. Caldwell, seconded by Mr. Leszczynski and carried, the Contract was approved and executed. APPROVE COMMUNITY DEVELOPMENT CONTRACT The following Community Development Contract was presented to the Board for approval: Indiana Federal Bank $61,920 Contract to join South Bend Home Improvement Loan Program as a Participant Lender REGULAR MEETING JULY 31, 1995 Upon a motion made by Mr. Caldwell, seconded by Mr. Leszczynski and carried, the Contract was approved and executed. APPROVE COMMUNITY DEVELOPMENT ADDENDA The following Community Development Addenda was presented to the Board for approval: Code Enforcement - Receivership/Rehab Loan Activity Contract Extended Through December 31, 1995 Neighborhood Residential Security Activity Contract Extended Through September 30, 1995 Upon a motion made by Mr. Caldwell, seconded by Mr. Leszczynski and carried, the above referred to Addenda was approved and executed. APPROVAL OF AGREEMENT UTILITY AGREEMENT - I&M POWER COMPANY - IRONWOOD DRIVE FROM IRELAND ROAD Mr. Leszczynski stated that the Board is in receipt of an Agreement between the City of South Bend and I&M Power Company, for electric transmission and distribution lines and appurtenances, located on Ironwood Drive from Ireland Road to 400 feet north of Brookmeade Drive, granting a permit to be located within the highway right of way in accordance with drawings as submitted. Therefore, upon a motion made by Mr. Caldwell, seconded by Mr. Leszczynski and carried, the Agreement was approved and executed. APPROVAL OF AGREEMENT - UTILITY AGREEMENT - AMERITECH - IRONWOOD DRIVE FROM IRELAND ROAD Mr. Leszczynski stated that the Board is in receipt of an Agreement between the City of South Bend and Ameritech, for telephone lines and appurtenances, located on Ironwood Drive from Ireland Road to 400 feet north of Brookmeade Drive, granting a permit to be located within the highway right of way in accordance with drawings as submitted. Therefore, upon a motion made by Mr. Caldwell, seconded by Mr. Leszczynski and carried, the Agreement was approved and executed. APPROVAL OF AGREEMENT - UTILITY AGREEMENT - NIPSCO - IRONWOOD DRIVE FROM IRELAND ROAD Mr. Leszczynski stated that the Board is in receipt of an Agreement between the City of South Bend and NIPSCO, for gas mains and appurtenances, located on Ironwood Drive from Ireland Road to 400 feet north of Brookmeade Drive, granting a permit to be located within the highway right of way in accordance with drawings as submitted. Therefore, upon a motion made by Mr. Caldwell, seconded by Mr. Leszczynski and carried, the Agreement was approved and executed. APPROVAL OF AGREEMENT - UTILITY AGREEMENT - TCI OF MICHIANA - IRONWOOD DRIVE FROM IRELAND ROAD Mr. Leszczynski stated that the Board is in receipt of an Agreement between the City of South Bend and TCI of Michiana, for cable transmission lines and appurtenances, located on Ironwood Drive from Ireland Road to 400 feet north of Brookmeade Drive, granting a permit to be located within the highway right of way in accordance with drawings as submitted. Therefore, upon a motion made by Mr. Caldwell, seconded by Mr. Leszczynksi and carried, the Agreement was approved and executed. APPROVAL OF AGREEMENT - PROFESSIONAL SERVICES AGREEMENT - SYNERGY SOFTWARE Mr. Leszczynski stated that the Board is in receipt of an Agreement between the City of South Bend and Synergy Software, Inc., 1750 East Golf Road, Schaumburg, Illinois, to develop a strategic plan for the wide area network. Mr. Leszczynski noted that the Agreement is in the amount of $18,000.00. Therefore, upon a motion made by Mr. Leszczynski, seconded by Mr. Caldwell and carried, the Agreement was approved and executed. REGULAR MEETING JULY 31, 1995 APPROVAL OF AGREEMENT - ADMINISTRATION OF NEIGHBORHOOD IMPROVEMENT FUNDS IN THE RIVER PARK PARTNERSHIP CENTER SERVICE AREA Mr. Leszczynski stated that the Board is in receipt of an Agreement between the City of South Bend and the Neighborhood Resources and Technical Services Corporation, for the administration of funds in the River Park Partnership Center Service Area. Mr. Leszczynski noted that the Agreement is in the amount of $15,000. Therefore, upon a motion made by Mr. Caldwell, seconded by Mr. Leszczynski and carried, the Agreement was approved and executed. APPROVE CHANGE ORDER - CENTURY CENTER REMODELING - PROJECT NO 94-83 Mr. Leszczynski advised that Mr. Bob Allen, Public Construction Manger, has submitted Change Order No. G-10 indicating that the Contract amount be increased $18,560.00 for a new Contract sum including this Change Order in the amount of $2,355,086.16. Upon a motion made by Mr. Leszczynski, seconded by Mr. Caldwell and carried, the Change Order was approved. APPROVE CHANGE ORDERS - COLLEGE FOOTBALL HALL OF FAME - AUDIOVISUAL Mr. Leszczynski advised that Mr. David Fox, Gerard Hilferty and Associates, Inc., 14240 Route 550, Athens, Ohio, has submitted Change Order No. 12 and 13, on behalf of Donna Lawrence Productions, 624 Baxter Avenue, Louisville, Kentucky, and recommended approval as follows: Change Order Amount New Contract Sum AV-12 Increase $ 19,875 $2,394,080 AV-13 Increase $ 6,500 $2,400,580 Upon a motion made by Mr. Caldwell, seconded by Mr. Leszczynski and carried, the Change Orders were approved. APPROVE CHANGE ORDER - F. JAY NIMTZ PARKWAY - PHASE III - PROJECT NO 94-46 Mr. Leszczynski advised that Mr. Bob Allen, Public Construction Manager, has submitted Change Order No. 1, indicating that the Contract amount be increased $64,361.08 for a new Contract sum including this Change Order in the amount of $702,992.23. Upon a motion made by Mr. Caldwell, seconded by Mr. Leszczynski and carried, the Change Order was approved. APPROVE CHANGE ORDER - STUDEBAKER NATIONAL MUSEUM - REMOVAL OF LOOSE CEILING MATERIALS - PROJECT NO.95-49 Mr. Leszczynski advised that Mr. Daniel Kaser, Kaser-Spraker, 25487 West State Road 2, South Bend, Indiana, has submitted Change Order No. 1 indicating that the Contract amount be increased $1,306.00 for a new Contract sum including this Change Order in the amount of $40,082.56. Upon a motion made by Mr. Caldwell, seconded by Mr. Leszczynski and carried, the Change Order was approved. ADOPT RESOLUTION NO. 46-1995 - DISPOSAL OF CITY -OWNED PROPERTY - 1021 WESTERN AVENUE Upon a motion made by Mr. Leszczynski, seconded by Mr. Caldwell and carried, the following Resolution was adopted: RESOLUTION NO.46 -1995 WHEREAS, the Board of Public Works of the City of South Bend, Indiana, has compiled a current detailed inventory of all real property owned by the City of South Bend; and WHEREAS, the Board of Public Works has reviewed said inventory of real property and it finds that a certain parcel of real estate now owned by the City of South Bend is not necessary to the public use and is not set aside by State and City laws for public purposes; and WHEREAS, the Board of Public Works finds that the property described below has an assessed valuation of less than $2,000.00, that the cost of maintaining said parcel equals or exceeds the estimated fair market value of the parcel, and that the highest and best use of the parcel is sale to an abutting landowner. 019 REGULAR MEETING JULY 31, 1995 WHEREAS, the Board of Public Works now wishes to take the necessary action to make it possible for the Board, in the future, to sell said parcel of real estate pursuant to State statutes. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend, Indiana: 1. That the parcel of real estate owned by the City contained in the following list is not necessary to the public use, is not set aside by State or City laws for public purposes, that the cost of maintaining said parcel equals or exceeds the estimated fair market value of said parcel and the highest and best use of said parcel is sale to an abutting landowner: ADDRESS 1021 Western Avenue Key No. 18-3069-2686 Lot 1 Willett's Sub of BOL 89 ADOPTED this 31 st day of July, 1995. ATTEST: s/Angela K. Jacob, Clerk DEED NO. 1316 BOARD OF PUBLIC WORKS s/John E. Leszczynski, President s/James R. Caldwell, Member ADOPT RESOLUTION NO. 51-1995 - DISPOSAL OF CITY -OWNED PROPERTY Upon a motion made by Mr. Caldwell, seconded by Mr. Leszczynski and carried, the following resolution was adopted: RESOLUTION NO. 51-1995 WHEREAS, I.C. 36-9-6-1 gives the Board of Public Works of the City of South Bend the right and duty to have custody of, control of, use of, and dispose of in accordance with Indiana statutes, all real and personal property owned by the City of South Bend; and WHEREAS, the Common Council of the City of South Bend passed as amended on January 9, 1995, Ordinance No. 8570-95 which states that upon retirement with twenty (20) or more years of service: "Upon retirement with twenty (20) or more years of service to the City of South Bend, Indiana, a sworn member of the South Bend Fire Department shall be entitled to retain as his or her own personal property, the fire helmet used by such Firefighter immediately prior to giving notice of his or her retirement." and WHEREAS, William Crittendon has retired from the South Bend, Indiana Fire Department after twenty (20) or more years of service, and the Board of Public Safety of the City of South Bend, Indiana has determined that they have retired in good standing; and WHEREAS, I.C.. 36-1-11-6 permits and established procedure for disposal of personal property which is no longer needed by the City and which is unfit for the purpose for which it was intended; and REGULAR MEETING JULY 31, 1995 WHEREAS, Chief Luther Taylor has advised that the fire helmet previously worn by these Firefighters is of no further use to the Department and of no practical value; NOW, THEREFORE, BE IT RESOLVED, by the Board of Public Works of the City of South Bend that the fire helmet worn by these Firefighters is no longer needed by the City and unfit for the purpose for which it was intended and has an estimated fair market value of less than One Thousand ($1,000.00) Dollars. BE IT FURTHER RESOLVED that said property be disposed of in accordance with Ordinance 8570-95 and removed from the City inventory. Adopted this 31 st day of July, 1995. BOARD OF PUBLIC WORKS s/John E. Leszczynski, President s/James R. Caldwell, Member ATTEST: s/Angela K. Jacob, Clerk ADOPT RESOLUTION NO. 52-1995 - ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA IN GERMAN TOWNSHIP (LILAC TRAILS ANNEXATION) Upon a motion made by Mr. Leszczynski, seconded by Mr. Caldwell and carried, the following Resolution was adopted: RESOLUTION NO. 52-1995 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 (LILAC TRAILS 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 hereinafter described real estate located in German Township, St. Joseph County, Indiana; and WHEREAS, the territory proposed to be annexed encompasses approximately 9.93 acres of vacant, undeveloped land, located in German Township, contiguous therewith and generally located on the west side of Lilac Road, approximately 700 feet north of Darden Road. The development of the territory proposed to be annexed will require a basic level of municipal public services, which services shall include services of a non -capital nature, including street and road maintenance, and services of a capital improvement nature, including street construction, street lighting, sewer facilities, and storm water 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 construction, street lighting, sewer facilities, and storm water drainage facilities 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 Wt?c18 REGULAR MEETING JULY 31, 1995 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, that have characteristic of topography, patterns of land use, and population density similar to that of the territory to be annexed; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend that have characteristics of topography, patterns of land use and population density similar to that of the territory to be annexed 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 Ithe 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 of 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 of the annexation, in a manner equivalent in standard and scope to the services furnished by the City to other areas of the City which have characteristics of typography, patterns of land utilization and population density similar to said territory; and to furnish to said territory services of a capital improvement nature, such as street construction, sreet lighting, sewer facilities, and storm water facilities, within three (3) years of the effective date of the annexation, in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend that have characteristics of topography, patterns of land use and population density similar to that of the territory to be annexed 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 31 st day of July, 1995. BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA s/John E. Leszczynski s/James R. Caldwell Attest: s/Angela K. Jacob, Clerk EXHIBIT A A PARCEL OF LAND BEING A PART OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE NORTH 89-56'03" WEST ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 345.00 FEET TO THE CENTERLINE OF LILAC ROAD; REGULAR MEETING JULY 31, 1995 THENCE NORTH 0-4703" WEST ALONG SAID CENTERLINE, A DISTANCE OF 699.97 FEET TO THE PLACE OF BEGINNING; THENCE NORTH 89-43'54" WEST, A DISTANCE OF 272.48 FEET; THENCE SOUTH 01-06'53" EAST, A DISTANCE OF 160.00 FEET TO THE NORTH LINE OF CROSS CREEK, SECTION ONE AS SHOWN IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE NORTH 89-44'30" WEST ALONG SAID NORTH LINE, A DISTANCE OF 686.71 FEET; THENCE NORTH 0-08'04" WEST, A DISTANCE OF 560.46 FEET; THENCE SOUTH 89-57'36" EAST, A DISTANCE OF 691.82 FEET; THENCE SOUTH 01-35'29" EAST, A DISTANCE OF 233.74 FEET; THENCE SOUTH 89-29'25" EAST, A DISTANCE OF 254.08 FEET TO THE CENTERLINE OF SAID LILAC ROAD; THENCE SOUTH 01-41'54" EAST ALONG SAID CENTERLINE, A DISTANCE OF 168.54 FEET TO THE PLACE OF BEGINNING. ADOPT RESOLUTION NO. 54-1995 - DISPOSAL OF CITY -OWNED PROPERTY Upon a motion made by Mr. Caldwell, seconded by Mr. Leszczynski and carried, the following Resolution was adopted: RESOLUTION NO. 54-1995 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, as described on Exhibit I, is unfit for the purpose for which it was intended and is no longer needed by the City of South Bend. WHEREAS, Indiana Code 36-1-11-6 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 on Exhibit I are no longer needed by the City, are unfit for the purpose for which it was intended; and have an estimated value of less than Five Thousand Dollars ($5,000.00). BE IT FURTHER RESOLVED, that said equipment 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 July, 1995. BOARD OF PUBLIC WORKS CITY OF SOUTH BEND, INDIANA s/John E. Leszczynski, President s/James R. Caldwell, Member ATTEST: s/Angela K. Jacob, Clerk REQUEST TO CONDUCT AUCTION - SALE OF VEHICLES AND EQUIPMENT/CONTRACT - KASER' S AUCTION SERVICE In a letter to the Board, Mr. Matthew Chlebowski, Director, Division of Equipment Services, requested permission to conduct an auction for the sale of vehicles and equipment no longer of use to the City of South Bend. The auction is to be held on August 26, 1995, at the Equipment Services im REGULAR MEETING JULY 31, 1995 Division, 1045 West Sample Street, South Bend, Indiana. In addition, Mr. Chlebowski submitted a Contract for the sale of the above referred to items, for Kaser's Auction Service, 68099 Sycamore Road, North Liberty, Indiana, and recommended approval. Upon a motion made by Mr. Leszczynski, seconded by Mr. Caldwell and carried, the requested to conduct an auction was approved. APPROVAL OF RECOMMENDATION - TO CONDUCT BLOCK PARTY Mr. Leszczynski 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. Marie Bergman, 2410 Union Avenue, South Bend, Indiana to conduct the above referred to block party, on Sunday, August 20, 1995, from 12:00 noon until 8:00 p.m., in the 2300 to 2400 blocks of Union Avenue. Upon a motion made by Mr. Leszczynski, seconded by Mr. Caldwell and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION - TO CONDUCT BLOCK PARTY Mr. Leszczynski 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. Tina Thompson, 1437 Mishawaka Avenue, South Bend, Indiana to conduct the above referred to block party, on Friday, August 4, 1995, from 4:00 p.m. until 11:00 p.m., in the alley next to 1437 Mishawaka Avenue, from Mishawaka Avenue to Chester Street. Upon a motion made by Mr. Leszczynski, seconded by Mr. Caldwell and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION - TO CONDUCT BLOCK PARTY Mr. Leszczynski stated that favorable re 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. Phyllis M. Fuchs, 810 S. 32nd Street, South Bend, Indiana, to conduct the above referred to block parry on Tuesday, August 1, 1995, from 6:00 p.m. until 10:00 p.m., on 32nd Street, between Mishawaka Avenue and Wall Street. Upon a motion made by Mr. Leszczynski, seconded by Mr. Caldwell and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION - TO CONDUCT BLOCK PARTY Mr. Leszczynski 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. Antonio Wilson, 315 North Taylor Street, South Bend, Indiana to conduct the above referred to block party, on Monday, July 31, 1995, from 4:00 p.m. until 8:00 p.m., in the alley next to 315 Taylor, on the north side of the alley. Upon a motion made by Mr. Leszczynski, seconded by Mr. Caldwell and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION - TO CONDUCT BLOCK PARTY Mr. Leszczynski 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. Pamela Bureau, Near Northwest Neighborhood, 510 Cushing, South Bend, Indiana to conduct the above referred to block party, on Sunday, August 20, 1995, from 2:00 p.m. until 6:00 p.m., on Cleveland Avenue, from Van Buren to California. Upon a motion made by Mr. Leszczynski , seconded by Mr. Caldwell and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION - TO CONDUCT BLOCK PARTY Mr. Leszczynski 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. Vicki Kaser-Hurlbut, Rum Village Neighborhood Association, 609 Indiana Avenue, South Bend, Indiana to conduct the above referred to block party, on Tuesday, August 1, 1995, from 5:00 p.m. until 8:00 p.m., on Dubail, from Taylor to Scott Streets. Upon a motion made by Mr. Leszczynski, seconded by Mr. Caldwell and carried, the recommendation was approved. REGULAR MEETING JULY 31, 1995 APPROVAL OF RECOMMENDATION - TO CONDUCT BLOCK PARTY Mr. Leszczynski 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. Lola Frye, 1217 North Blaine Street, South Bend, Indiana to conduct the above referred to block party, on Tuesday, August 1, 1995, on Blaine Street, from Portage to Humboldt, from 7:00 p.m. until 10:00 p.m. Therefore, upon a motion made by Mr. Leszczynski, seconded by Mr. Caldwell and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION - TO CLOSE STREET - ST STEPHEN'S PARISH Mr. Leszczynski 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 Reverend Thomas F. Lemos, St. Stephen's Parish, 1102 West Thomas Street, South Bend, Indiana to close McPherson Street, from Thomas to Napier, in conjunction with the above referred to parish festival, from 9:00 a.m., on Saturday, August 5, 1995, through Sunday, August 6, 1995. Therefore, upon a motion made by Mr. Leszczynski, seconded by Mr. Caldwell and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION - TO CONDUCT 1995 ALZHEIMER'S ASSOCIATION MEMORY WALK Mr. Leszczynski 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. Jo Maternowski, Alzheimer's Association, 919 East Jefferson Boulevard, South Bend, Indiana to conduct the above referred to walk, on Sunday, October 15, 1995, commencing at 11:00 a.m. at Howard Park, on the designated route as submitted. Therefore, upon a motion made by Mr. Leszczynski, seconded by Mr. Caldwell and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION - TO CONDUCT NOTRE DAME TRIO PROGRAM WALK Mr. Leszczynski 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. Dorine Blake -Smith, University of Notre Dame Upward Bound Project, Post Office Box 458, Notre Dame, Indiana to conduct the above referred to walk, on Wednesday, July 26, 1995, beginning at 9:00 a.m., at the South Bend Public Library, on the designated route as submitted. Therefore, upon a motion made by Mr. Leszczynski, seconded by Mr. Caldwell and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION - TO CONDUCT MOTORCYCLE PROCESSION FOR MUSCULAR DYSTROPHY - A.B.A.T.E. Mr. Leszczynski stated that favorable recommendations have been received by the Division of Engineering, Park Deparatment, Police Department and the City Attorney's office, in reference to a request as submitted by Mr. Harold Grebe, 1925 Faith Avenue, Bremen, Indiana to conduct the above referred to motorcycle ride for Muscular Dystrophy, on Sunday, September 3, 1995, , on the designated route as submitted. Upon a motion made by Mr. Leszczynski, seconded by Mr. Caldwell and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION - TO CONDUCT RUN JANE RUN - YWCA Mr. Leszczynski 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. Kit Banta, YWCA, 802 North Lafayette Boulevard, South Bend, Indiana to conduct the above referred to 5K Family Fun Run, Walk, Roll and Dog Walk/Jog, on August 18 through August 31, 1995, on the designated route as submitted. Upon a motion made by Mr. Leszczynski, seconded by Mr. Caldwell and carried, the recommendation was approved. REGULAR MEETING JULY 31, 1995 APPROVAL OF RECOMMENDATION - TO MAKE TRAFFIC PATTERN CHANGES FOR 4-H FAIR Mr. Leszczynski stated that favorable recompendations have been received by the Police Department, City Attorney's Office, Traffic & Lighting, Park Department, Street Department and the Fire Department, in reference to a request as submitted by Mr. Frank Ronchetti, President, 4-H Fairboard, to make traffic pattern changes as submitted, in conjunction with the 4-H Fair, to be held on Monday July 31, 1995, through Saturday, August 5, 1995, from 5:00 a.m. until 7:30 p.m. Upon a motion made by Mr. Leszczynski, seconded by Mr. Caldwell and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION - TO CONDUCT PARADE - COMMUNICATIONS WORKERS OF AMERICA Mr. Leszczynski 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 Mr. Larry Woods, Vice President, Communications Workers of America,. 527 East Sumner Avenue, Indianapolis, Indiana to conduct the above referred to parade, on Saturday, July 29, 1995, from 2:45 p.m. until 3:30 p.m., beginning at the Century Center, on the designated route as submitted. Upon a motion made by Mr. Leszczynski, seconded by Mr. Caldwell and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION - TO CONDUCT GUS MACKER 3-ON-3 BASKETBALL TOURNAMENT Mr. Leszczynski stated that favorable recommendations have been received by the Division of Engineering, Code Enforcement, Police Department and the City Attorney's office, in reference to a request as submitted by Ms. Lori Jacob, American Red Cross, 3220 East Jefferson Boulevard, South Bend, Indiana to conduct the Gus Macker 3-on-3 basketball tournament, on Friday, September 8, 1995, Saturday, September 9, 1995, and Sunday, September 10, 1995, on the designated streets as submitted. Upon a motion made by Mr. Leszczynski, seconded by Mr. Caldwell and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION - TO ENCROACH ONTO PUBLIC RIGHT-OF-WAY - INFORMATIONAL SIGNS - RIVER PARK PARTNERSHIP CENTER Mr. Carl P. Littrell, Director, Division of Engineering, requested permission for the River Park Neighborhood Association to mount information signs in the public right-of-way at the intersections of Greenlawn Avenue and Mishawaka Avenue; Ironwood Road and Mishawaka Avenue; 26th Street and Mishawaka Avenue; 30th Street and Mishawaka Avenue; and Logan Street and Mishawaka Avenue. Mr. Littrell noted that these signs will be no larger than 24" by 24"; will consist of 80 gage aluminum, reflective sheeting and have a seven year lifetime warranty; will be attached to traffic signal mast arm posts; will be installed by Traffic and Lighting; and will be paid for using River Park Special Project Funds. Therefore, upon a motion made by Mr. Leszczynski, seconded by Mr. Caldwell and carried, the recommendation was approved. PETITION FOR THE ESTABLISHMENT OF A RESIDENTIAL PARKING ZONE Mr. Kyle Clinton, 329 North Frances Street, South Bend, Indiana, submitted a Petition for the Establishment of a Residential Parking Zone, in the 300 block of North Frances. Upon a motion made by Mr. Caldwell, seconded by Mr. Leszczynski and carried, the Petition was forwarded to the appropriate Bureaus and Departments for review and recommendation. REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - WESTSIDE PARTNERSHIP CENTER SERVICE AREA - SIDEWALK CURB AND APPROACH REPAIRS - PROJECT NO. 95-44 In a memorandum to the Board, Mr. Dan Weisel, Division of Engineering, requested permission to advertise for the receipt of bids for the above referred to project. Mr. Weisel stated that the plans and specifications were prepared by the Division of Engineering, and the Legal Department has reviewed them. Upon a motion made by Mr. Leszczynski, seconded by Mr. Caldwell and carried, the request was approved. REGULAR MEETING JULY 31, 1995 REQUESTS REFERRED: Upon a motion made by Mr. Caldwell, seconded by Mr. Leszczynski and carried, the following requests were referred to the appropriate Bureaus and Departments for review and recommendation: - TO CONDUCT BLOCK PARTY Ms. Terry Dickerson, 1321 Wall Street, South Bend, Indiana, requested permission to conduct a block party on Saturday, August 12, 1995, from 12:00 p.m. until 12:00 a.m., in the 1300 and 1400 blocks of Wall Street. - TO PURCHASE CITY -OWNED PROPERTY - 917 HILL STREET In a letter to the Board, Mr. Mario E. Manta, 704 East Angela Boulevard, South Bend, Indiana, requested permission to purchase a City -owned lot at 917 Hill Street. - TO PURCHASE CITY -OWNED PROPERTY - 1113 BURNS STREET In a letter to the Board, Mr. Elvis Eillis, 302 Napoleon Boulevard, requested permission to purchase a City -owned lot at 1113 Burns Street, for the purpose of building a house. - TO CONDUCT WALK-A-THON - C H E E TA In a letter to the Board, Ms. Janice Hildabridle, 5002 Cedarwood Lane, South Bend, Indiana, requested permission to conduct a ten kilometer walk-a-thon, on Sunday, October 1, 1995, beginning at 12:00 noon., on the designated route as submitted. - TO CONDUCT MARCH - NORTHERN HISTORICAL SOCIETY In a letter to the Board, Ms. Kathy Deka, Northern Indiana Center for History, 808 West Washington, South Bend, Indiana, requested permission to conduct a march on Saturday, August 26, 1995, beginning at 9:00 a.m., in conjunction with the 75th Anniversary of Women's Suffrage, on the designated route as submitted. - TO CONDUCT BLOCK PARTY In a letter to the Board, Ms. Sue Guibert, 1332 East Monroe, South Bend, Indiana, requested permission to conduct a block party on Saturday, August 12, 1995, from 3:00 p.m. until 10:00 p.m., in the 1300 to 1400 blocks of East Monroe, between Sunnyside and Twyckenham. - TO CONDUCT BLOCK PARTY In a letter to the Board, Mrs. Sue Guibert, 1332 East Monroe, South Bend, Indiana, requested permission to conduct a block party on Saturday, August 12, 1995, from 3:00 .m. until 10:00 p.m., in the 1300-1400 blocks of East Monroe. - TO CONDUCT MILLION DOLLAR SALMON RUN In a letter to the Board, Ms. Mindy Jane Miller, Madison Foundation, Inc., 403 East Madison Street, South Bend, Indiana, requested permission to conduct the Million Dollar Salmon Run, on the East Race, on Saturday, October 14, 1995, from 1:00 p.m. until 5:00 p.m. TO CONDUCT `JERRY'S KIDS" SOLICITATION - MUSCULAR DYSTROPHY ASSOCIATION In a letter to the Board, Ms. Stephanie Santos, Muscular Dystrophy Association, 112 North Main Street, Mishawaka, Indiana, requested permission to solicit for their tag day, in conjunction with "Jerry's Kids", on Sunday, August 20, 1995, from 11:00 a.m. until 3:00 p.m., at the intersections of Miami and Ireland Roads; Ironwood and Edison Roads; and Lincolnway East and Twyckenham. APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mr. Caldwell, seconded by Mr. Leszczynski and carried, the following six (6) traffic control devices were approved: REMOVAL OF: Handicap Sign LOCATION: 3524 Northside REMARKS: Signs not needed REGULAR MEETING REMOVAL OF: LOCATION: REMARKS: NEW INSTALLATION: LOCATION: REMARKS: REMOVAL OF: REVISED TO: LOCATION: REMOVAL OF: LOCATION: REMARKS: REMOVAL OF: REVISED TO: LOCATION: JULY 31, 1995 Handicap Sign 1012 Miner, Install at 116 LaPorte Mr. McDowell has moved Handicap Sign 2002 Brookfield Ms. Brazier has met all requirements 30 MPH Sign 40 MPH Sign Nimtz to Mayflower Stop Sign Mayflower and Nimtz Traffic on Mayflower does not yet meet warrants Stop Sign Yield Sign Main at Marion connector APPROVE AND/OR RELEASE EXCAVATION BONDS Mr. Larry D. Spradlin, Sr., Engineer, Division of Engineering, recommended that the following Excavation Bonds be approved and/or released as follows: EXCAVATION BONDS TruGreen Chemlawn Approved Effective July 24, 1995 Richard C. Hanna Released Effective July 31, 1995 Mr. Caldwell made a motion that the recommendation be accepted and that the Bonds be approved and/or released as outlined above. Mr. Leszczynski seconded the motion which carried. APPROVE TITLE SHEET - WESTSIDE PARTNERSHIP SERVICE AREA - CURB SIDEWALK AND APPROACH REPAIRS - PROJECT NO. 95-44 Mr. Leszczynski advised that the Title Sheet for the above referred to project was being presented at this time for execution. Upon a motion made by Mr. Leszczynski, seconded by Mr. Caldwell and carried, the above referred to Title Sheet was approved and signed. FILING OF PETITION FOR RESERVED PARKING AREA Mr. Leszczynski noted that Ms. Ann A. Hoens, 17602 Hepler Street, South Bend, Indiana, submitted a Petition for Reserved Parking Area at 227 W. Jefferson, South Bend, Indiana. Upon a motion made by Mr. Leszczynski, seconded by Mr. Caldwell and carried, the Petition was filed. FILING OF HUMANE SOCIETY MONTHLY REPORT - MAY 1995 Mr. Leszczynski indicated that the Board is in receipt of the monthly report as submitted by the Humane Society of St. Joseph County, Inc., for the month of May, 1995. The report indicates the type and number of animals handled for the City of South Bend. Mr. Leszczynski made a motion that the report be accepted for filing as submitted. Mr. Caldwell seconded the motion which carried. APPROVE CLAIMS Mr. Kevin Horton, City Controller, submitted claims in the amount of $1,553,266.99 and recommended approval. Additionally, Mr. Juan Manigault, Executive Director, WDS of Northern Indiana, submitted one (1) list containing claims in the amount of $117,385.00 and recommended approval. Mr. Caldwell made a motion that the claims be approved and the reports as submitted be filed. Mr. Leszczynski seconded the motion which carried. 11 4 REGULAR MEETING JULY 31, 1995 ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Leszczynski, seconded by Mr. Caldwell and carried, the meeting adjourned at 10:05 a.m. BOARD OF PUBLIC WORKS L c 5oehnE. Leszczynski, ident ames R. ell, Member Jenny Pitts Manier, Member A ST: ( J�%� - 6 Angela K. acob, Clerk