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Home My WebLink About05/23/2005 Board of Public Works Minutes15 PUBLIC AGENDA SESSION MAY 19, 2005 The Public Agenda Session of the Board of Public Works was convened at 9:03 a.m. on Thursday, May 19, 2005, by Board President, Gary A. Gilot, with Mr. Carl P. Littrell and Mr. Donald E. Inks present. Also present was board Attorney Thomas Bodnar. Board of Public Works Clerk Angela Jacob presented the Board with a proposed agenda of items presented by the public and by City Staff. Board members discussed the following item(s) from that list. - Award Bids — Street Materials Mr. Jason Durr, Engineering, stated this is a divisible bid. - Request to Advertise — 2005 Street Preparation and Paving Project Mr. Jason Durr, Engineering, stated this project consists of milling and overlaying of streets, in the event the Street Department can not complete their program. - Request to Advertise (Added to Agenda) — 2005 Concrete Patches for Utility Cuts Mr. Gilot suggested this project be advertised for 2005. - Services Agreement — Tasks Associated with COS#1 Outfall Mr. Jason Durr, Engineering, stated this project is in addition to the Christopher Burke contract. - Award Quotation — Oliver School Mowing Ms. Tonya Zozulya, Community and Economic Development, stated the low bid will be awarded: - Request to Reject Quotations — Lincolnway West Planter Boxes Ms. Tonya Zozulya, Community and Economic Development, stated the Neighborhood Steering Committee determined that a more detailed set of specifications need to be developed to make sure the businesses along this area participate in the maintenance of the planter boxes. The number of planter boxes would be contingent upon the number of businesses willing to maintain them. - Amendment — WWTP Energy Study Mr. Jack Dillon, Environmental Services, stated this study would determine the requirements for the pump and engine rehab. - Resolution No. 40-2005 — Execution of Agency Agreement Ms. Cheryl Greene, Legal Department, stated Mr. Chuck Leone, City Attorney, has negotiated the purchase of the Kitty Kat Lounge properties with the property owners, in the amount of $175,000.00. The document enables Economic Development to deal with the property management issues and real estate transactions. - Building Block Grant Application - Lilac Trails Mr. Gary Gilot disclosed that he is a member of the Lilac Trails Association, and would not vote on the Building Block Grant Application for this area. APPROVAL OF LICENSE APPLICATION Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the following License Application was approved: LICENSE COMPANY ADDRESS DATE OF EVENT APPLICATION (If required) Carnival/Circus George Garden St. Joseph County May 17 & 18, 2005 Circus, Int'l. 4H Fairgrounds The Clerk was instructed to post the agenda and notify the media and other Persons who have requested notice of the meeting agenda. No other business came before the Board. The meeting adjourned at 10:30 a.m. BOARD OF PUBLIC WORKS Gary A. Gi ot, President 1 PUBLIC AGENDA SESSION ATTEST: Angela K. J` ob, Clerk REGULAR MEETING MAY 19, 2005 al P, &iv - Carl P. Littrell, Member Donald E. Inks, Member MAY 23, 2005 The regular meeting of the Board of Public Works was convened at 9:30 a.m. on Monday, May 23, 2005, by Board President Gary A. Gilot, with Carl P. Littrell present. Mr. Donald E. Inks was not present. Also present was board Attorney Thomas Bodnar. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Littrell, seconded by Mr. Gilot, and carried, the minutes of the public agenda session and the regular meeting of the Board held on May 5, 2005 and May 9, 2005, were approved. OPENING OF BIDS — MEMORIAL DRIVE & BARTLETT STREET CONSTRUCTION — PROJECT NO. 103-074 (MEMORIAL MEDICAL TIF) 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 & KELLY, INC. 24358 State Road 23 South Bend, Indiana 46614 Bid was signed by Mr. Kevin Kelly Non -Collusion Affidavit was in order Non -Discrimination commitment form was completed Five percent (5%) Bid Bond was submitted BID: $1,117,321.53 BROOKS CONSTRUCTION COMPANY, INC. 625 South Beiger Street Mishawaka, Indiana 46544 Bid was signed by Mr. William Stevens Non -Collusion Affidavit was not included in Bid; Affidavit was delivered Later that morning. Non -Discrimination commitment form was completed Five percent (5%) Bid Bond was submitted BID: $1,116,006.87 RIETH-RILEY CONSTRUCTION, INC. 25200 State Road 23 South Bend, Indiana 46634 Bid was signed by Mr. Christopher Weinkauf t 7 GULAR MEETING MAY 23, 2005 Non -Collusion Affidavit was in order Non -Discrimination commitment form was completed Five percent (5%) Bid Bond was submitted BID: $1 142,718.06 Upon a motion made by Mr. Littrell, seconded by Mr. Gilot, and carried, the above bids were referred to the Division of Engineering for review and recommendation. OPENING OF BIDS — EAST WASHINGTON STREETSCAPE — NILES TO HILL — PROJECT NO. 104-046 (SBCDA BOND) 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 COMPANY, INC. 25200 State Road 23 South Bend, Indiana 46613 Bid was signed by Mr. Christopher L. Weinkauf Non -Collusion Affidavit was in order Non -Discrimination commitment form was completed Five percent (5%) Bid Bond was submitted BID: $1,079,921.00 Alternate 1: $ 8,699.00 Alternate 2: $23,195.00 Alternate 3: $ 5,440.00 SELGE CONSTRUCTION COMPANY, INC. 2833 South I It' Street Niles, Michigan 49120 Bid was signed by Mr. John Szuba Non -Collusion Affidavit was in order Non -Discrimination commitment form was completed Five percent (5%) Bid Bond was submitted BID: $1,148,549.00 Alternate 1: $ 8,865.00 Alternate 2: $21,957.00 Alternate 3: $14,500.00 Upon a motion made by Mr. Littrell, seconded by Mr. Gilot, and carried, the above bids were referred to the Division of Engineering for review and recommendation. OPENING OF BIDS — ONE (1) MORE OR LESS PNEUMATIC TIRE ROLLER — STREET DEPARTMENT (2005 VEHICLE CAPITAL BUDGET) 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: MACDONALD MACHINERY COMPANY, INC. 3953 Ralph Jones Drive South Bend, Indiana 46628 Bid was signed by: Mr. Don Finn Non -Collusion Affidavit was in order Non -Discrimination commitment form was completed Ten percent (10%) Bid Bond was submitted BID: Base Bid $50,500.00 Trade In: $ 2,800.00 Total Cost Less Trade -In: $47,700.00 SOUTHEASTERN EOUIPMENT COMPANY, INC. 3333 West Coliseum Boulevard Fort Wayne, Indiana 46808 Bid was signed by: Mr. Jason Kruse Non -Collusion Affidavit was in order Non -Discrimination commitment form was completed 0168 REGULAR MEETING MAY 23, 2005 1 Ten percent (10%) Bid Bond was submitted BID: Base Bid $50,500.00 Trade In: $ 8,000.00 Total Cost Less Trade -In: $42,500.00 DEEDS EQUIPMENT COMPANY, INC. 7720 Records Street Indianapolis, Indiana 46226 Bid was signed by: Mr. Mark Lefkowicz Non -Collusion Affidavit was in order Non -Discrimination commitment form was completed Ten percent (10%) Bid Bond was submitted BID: Base Bid $69,862.00 Trade In:a. $10,000.00 Total Cost Less Trade -In: $59,862.00 Upon a motion made by Mr. Littrell, seconded by Mr. Gilot, and carried, the above bids were referred to Central Services for review and recommendation. AWARD BIDS — 2005 STREET MATERIALS — PROJECT NO. 105-042 (LRSA Mr. Jason Durr, Engineering, advised the board that on April 25, 2005, bids were received and opened for the above referred to materials. After reviewing those bids, Mr. Durr recommends that the Board award the contract to the lowest responsive and responsible bidders as follows: Rieth Riley Construction — Base Bid (HMA Portion) Various Unit Prices Bit Mat Products — Base Bid (Tack/Dust Control Portion) Various Unit Prices Therefore, Mr. Littrell made a motion that the recommendation be accepted and the bids be awarded as outlined above. Mr. Gilot seconded the motion, which carried. AWARD BIDS — SALE OF ABANDONED VEHICLES Mr. Gary Libbey, Code Enforcement, advised the board that on May 9, 2005, bids were received and opened for the above referred to vehicles. After reviewing those bids, Mr. Libbey recommends that the Board award to the highest bidders as follows: JAMES BURKE 721 Lincolnway East South Bend, Indiana 46601 No. Make of Vehicle Year Bid 4 BLUE BUICK PARK AVENUE 1992 $155.00 TOTAL $155.00 INDIANA AUTO PARTS, INC. 3300 South Main South Bend, Indiana 46614 No. Make of Vehicle Year Bid 2 WHITE OLDSMOBILE CUTLASS 1994 $236.50 TOTAL $236.50 SHERYL NEELY 2525 Fredrickson South Bend, Indiana 46628 No. Make of Vehicle Year Bid 2 WHITE OLDSMOBILE CUTLASS 1994 $50.00 3 WHITE CHEVROLET CORSICA 1996 $75.00 TOTAL $236.50 .9 REGULAR MEETING MAY 23, 2005 JOE CLEMONS 8169 Oak Avenue Walkerton, Indiana 46574 No. Make of Vehicle Year Bid 3 WHITE CHEVROLET CORSICA 1996 $127.50 TOTAL $127.50 J. VINES 11395 E 40ON Grovertown Indiana 46531 No. Make of Vehicle Year Bid 1 GRAY CHEVROLET MALIBU 1977 $125.00 5 BLUE PONTIAC TRANSPORT 1991 $125.00 6 BLUE CHEVROLET BERETTA 1989 $125.00 7 BLUE FORD BRONCO II 1990 $125.00 8 WHITE CADILLAC SEDAN DEVILLE 1990 $125.00 9 WHITE PONTIAC TRANSPORT 1994 $125.00 10 RED FORD ECONOLINE 1994 $450.00 11 GRAY FORD WINDSTAR 1995 $450.00 12 BLUE MAZDA 626 1989 $125.00 13 TAN HONDA CIVIC 1989 $125.00 14 WHITE DODGE INTREPID 1996 $125.00 TOTAL $2,025.00 Therefore, Mr. Littrell made a motion that the recommendation be accepted and the bids be awarded as outlined above. Mr. Gilot seconded the motion, which carried. OPENING OF PROPOSALS — DEBT COLLECTION — PAST DUE .AMBULANCE ACCOUNTS FOR 2005 — FIRE DEPARTMENT This was the date set for receiving and opening of proposals for the above referred to service. 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 proposal was opened and publicly read: C.B.M. ACCOUNTS SERVICE. INC. 1320 Mishawaka Avenue South Bend, Indiana 46615 Proposal was submitted by Ms. Catherine Martin PROPOSAL: 25% Contingency for Collection 40% Contingency for Accounts Forwarded to Accredited Agency 3 5 % Contingency for Accounts Referred for Legal Action Upon a motion made by Mr. Littrell, seconded by Mr. Gilot, and carried, the above proposal was referred to the Fire Department for review and recommendation. OPENING OF QUOTATIONS — EPA BROWNFIELD GRANT GROUNDWATER CLEANUP — FORMER ALLIED STAMPING PLANT — PROJECT NO. 105-044 (EPA GRANT FUNDS) Mr. Gilot 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: ENVIRONMENTAL FIELD SERVICES. INC. 40 West State Road 32 Westfield, Indiana 46074 Quotation was submitted by Mr. Brooks Bertl 1 1 REGULAR MEETING MAY 23, 2005 D ! 7 0 QUOTATION: $158,220.00 ATC ASSOCIATES, INC. 7988 Centerpoint Drive, Suite 100 Indianapolis, Indiana 46256-3345 Quotation was submitted by Mr. Robert Walker QUOTATION: $237,420.00 KERAMIDA ENVIRONMENTAL, INC. 330 North College Avenue Indianapolis, Indiana 46202 Quotation was submitted by Mr. Andrew Gremos QUOTATION: $199,500.00 WIGHTMAN PETRIE ENVIRONMENTAL. INC. 713 South Scott Street South Bend, Indiana 46601 Quotation was submitted by Mr. Don Macdonell QUOTATION: $235,406.00 WEAVER BOOS CONSULTANTS. LLC 630 East Bronson Street, Suite 1 South Bend, Indiana 46601 Quotation was submitted by Mr. Steven Stanford QUOTATION: $141,010.00 Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, the above Proposals were referred to Community and Economic Development for review and recommendation. AWARD QUOTATION — OLIVER SCHOOL SITE MOWING — PROJECT NO. 105-055 (GENERAL FUND/PIF) Mr. Gary Gilot advised the board that on May 9, 2005, quotations were received and opened for the above referred to project. After reviewing those quotations, Ms. Tonya Zozulya, Community and Economic Development, recommends that the Board award the contract to the lowest responsive and responsible bidder, CFH Landscape Services, 813 South Michigan, South Bend, Indiana, in the amount of $120.00 per mowing. Therefore, Mr. Gilot made a motion that the recommendation be accepted and the quotation be awarded as outlined above. Mr. Littrell seconded the motion, which carried. APPROVAL OF REQUEST TO REJECT QUOTATIONS — LINCOLNWAY WEST FLOWER PLANTER INSTALLATION AND MAINTENANCE — PROJECT NO. 105-043 In a memo to the Board, Ms. Tonya Zozulya, Community and Economic Development, requested permission to reject all quotations for the above referred to project. It was concluded that new and more detailed quote specifications are required to itemize the project scope of services in more detail. Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, all quotations were rejected for the above referred to project. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS — 2005 STREET PREPARATION AND PAVING PROJECT — PROJECT NO. 105-060 (LRSA) In a memorandum to the Board, Mr. Jason Durr, Engineering, requested permission to advertise for the receipt of bids for the above referred to project. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Littrell, the above request was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS — 2005 CONCRETE PATCHES FOR UTILITY CUTS — PROJECT NO. 105-059 (WATER WORKS AND SEWAGE WORKS) In a memorandum to the Board, Mr. Jason Durr, Engineering, requested permission to advertise for the receipt of bids for the above referred to project. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Littrell, the above request was approved. APPROVE REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS — SALE OF ABANDONED VEHICLES Ms. Kathy Eli, Department of Code Enforcement, requested permission to advertise for the sale of approximately eighteen (18) abandoned vehicles, which are being stored. at Super Auto 0_ . GULAR MEETING MAY 23, 2005 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 lienholders notified. Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the above request was approved. APPROVE CHANGE ORDER — NEW FACILITY FOR STUDEBAKER NATIONAL MUSEUM — H.G. CHRISTMAN CONSTRUCTION COMPANY — PROJECT NO. 103-072 (BOND ISSUE/AGREEMENT WITH STUDEBAKER MUSEUM_) Mr. Gilot advised that Mr. Carl Littrell, Engineering, has submitted Change Order No. 4 on behalf of H.G. Christman, 850 South Fellows, South Bend, Indiana, indicating that the Contract amount be increased $26,674.00 for a new Contract sum including this Change Order in the amount of $5,308,198.00. It was noted that a copy of a check (private donations) was submitted to the Board and placed on file, which covers the Change Order increase. Upon a motion made by Mr. Gilot, seconded by Mr. Littrell, and carried, the Change Order was approved. APPROVAL OF CONTRACTS/AGREEMENTS/PROPOSALS/ADDENDA Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the following Contracts/Agreements/Proposals/Addenda were approved: TYPE DESCRIPTION BUSINESS AMOUNT Agreement Administration and Program Costs for Urban Enterprise $18,750.00 Minority and Women Business Association of Development Services South Bend, Inc. Construction 121& 13` Floor Construction — County- Kaser Spraker $8,638.00 Contract City Building Construction Construction Leighton Plaza — Jefferson Street Entrance Rieth Riley $6,750.00 Contract Approach Construction Services Additional Services to Christopher Burkes JFNew $2,100.00 Agreement Project — CSO#1 Water Quality Basin Design Agreement Right -of -Way Encroachment — Bicycle Norfolk Southern Path/Riverside Trail Project Railway Company Proposal Traffic Topping at Wayne Street Garage American $21,500.00 Consulting Agreement Improvements in the Northeast Northeast $75,000.00 Neighborhood Neighborhood Revitalization Organization Building Property Improvements 2159 Riverside $125.00 Block Grant Agreement Building Property Improvements 3130 Sunnymede $125.00 Block Grant Agreement Building Property Improvements 1325 North $125.00 Block Grant Adams Agreement Building Property Improvements 140 North $125.00 Block Grant Studebaker Agreement Building Property Improvements 3210 Voll Lane $125.00 Block Grant Agreement Building Property Improvements 2022 Bertrand $125.00 Block Grant Agreement Building Property Improvements 127 South $125.00 Block Grant Coquillard Agreement Building Property Improvements - 4535 Cherry $125.00 Block Grant Pointe Drive Agreement Building Property Improvements 1609 Oakwood $125.00 Block Grant Agreement Building Property Improvements 213 East Navarre $125.00 1 REGULAR MEETING MAY 23, 2005 1 1 TYPE DESCRIPTION BUSINESS AMOUNT Block Grant Agreement Building Property Improvements 433 South Falcon $125.00 Block Grant Agreement Building Property Improvements 805 Oakridge $125.00 Block Grant Agreement Building Property Improvements 710 East Ewing $125.00 Block Grant Agreement Building Property Improvements 1846 Winston $125.00 Block Grant Agreement Building Property Improvements 1103 South $125.00 Block Grant Logan Agreement Building Property Improvements 2128 Portage $125.00 Block Grant Agreement Building Property Improvements 3930 Greenmont $125.00 Block Grant Agreement Building Property Improvements 1622 West Ewing $125.00 Block Grant Agreement Building Property Improvements . 2429 Batson $125.00 Block Grant Drive Agreement Building Property Improvements 1012 West $125.00 Block Grant Washington Agreement Building Property Improvements 1811 Fremont $125.00 Block Grant Agreement Building Property Improvements 1416 East South $125.00 Block Grant Street Agreement Building Property Improvements 314 North Taylor $125.00 Block Grant Agreement Building Property Improvements 1345 East Ireland $125.00 Block Grant Agreement Building Property Improvements 1342 Miner $125.00 Block Grant Agreement Building Property Improvements 320 North Taylor $125.00 Block Grant Agreement Building Property Improvements 510 West $125.00 Block Grant Navarre Agreement Building Property Improvements 2211 South $125.00 Block Grant Walnut Agreement Building Property Improvements 1322 North $125.00 Block Grant Eclipse Agreement Building Property Improvements 135 South $125.00 Block Grant Gladstone Agreement Building Property Improvements 1034 O'Brien $125.00 Block Grant Agreement Building Property Improvements 754 Leland $125.00 REGULAR MEETING MAY 23, 2005 TYPE DESCRIPTION BUSINESS AMOUNT Block Grant Agreement Building Property Improvements 732 Roland Court $125.00 Block Grant Agreement Agreement Activities Historic $25,000.00 Preservation Commission Proposal Additional Services — Main Street Garage Architecture $8,000.00 Restoration Project Design Group Amendment Professional Engineering Services — Greeley and $17,226.00 No. 7 WWTP Energy Study Hansen Grant Program and Administrative Support Healthy $20,000.00 Agreement Communities Initiative APPROVAL OF LICENSE APPLICATIONS Mr. Gilot stated that favorable recommendations from the appropriate departments have been received for the following License Applications. In addition, the required information and documents have been submitted for each Application. LICENSE APPLICATION COMPANY ADDRESS Public Parking Facility Am co System Parking 121 South St. Joseph Public Parking Facility Am co System Parking 126 North Main Public Parking Facility Ampco System Parking 220 West Wayne Public Parking Facility Am co System Parking 211 North Lafayette Public Parking Facility Am co System Parking 225 South Main Public Parking Facility Am co System Parking 121 East Wayne Public Parking Facility Am co System Parking 123 North St. Joseph Public Parking Facility Am co System Parking 226 South Main Public Parking Facility Am co System Parking311 North Lafayette Public Parking Facility Am co System Parking I I I South Michigan Public Parking Facility Cathedral Church of St. James, Inc. 307-311 West Washington Scrap Metal Dealer Steve and Gene's Auto Truck Salvage 3109 Gertrude Street Sidewalk Cafe O'Sullivan's Crossing 235 South Michigan Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the above referred to License Applications were approved. APPROVAL OF STREET CLOSURES/PROCESSIONS Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, the following recommendations for street closures and processions were approved. It was noted that favorable recommendations from the appropriate departments were received. SPONSOR LOCATION DATE TIME TYPE OF EVENT Wooded Estates Black Oak from June 13, 2005 6:30 p.m. to 8:30 Ice Cream Social Neighborhood Oak Park to p.m. Scottswood Wooded Estates Howard from July 14, 2005 10:00 a.m. to Kiddy Parade Neighborhood White Oak to 12:00 p.m. Oak Ridge St. Adalbert Olive, Ford, May 29, 2005 1:00 p.m. to 2:15 St. Adalbert Church Walnut, Dunham p.m. Parish Corpus Christi Procession Lax, Lorene Cleveland from June 12, 2005 2 p.m. to 8:00 Graduation Party Diamond to p.m. Humboldt West Side Ford & Olive to May 30, 2005 7:45 a.m. to Memorial Day Memorial Lombardy 10:30 a.m. Parade Committee Rev. Ephram Ik Leer from June 11, 2005 12:00 p.m. to Block Party Lombard to 8:00 P.M. `n L REGULAR MEETING MAY 23, 2005 ,� Dubail Madison School Park Lane from May 20, 2005 4:00 p.m. to 8:00 Ice Cream Social Primary Lafayette to p.m. Main APPROVAL OF REQUEST FOR POLICE ESCORT — SPECIAL OLYMPICS PROCESSION In a letter to the Board, Ms. Margaret Hicks, Special Olympics, requested a police escort in conjunction with the St. Joseph County Special Olympics trip to the State Spring Games on June 2, 2005. Favorable recommendations have been received from the Police Department, Traffic and Lighting, Engineering and the Legal Department. Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, the request was approved. ADOPT RESOLUTION NO. 38-2005 — ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CENTRE TOWNSHIP (LT LEASCO. LLC ANNEXATION AREA) Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the following Resolution was adopted by the Board of Public Works. Mr. Gilot stated this annexation is in the area of Kern and U.S. 31. The proposed annexation has a ditch which crosses the property. A parking lot is slated to be built. The drainage board has warned that this area is prone to flooding, and has suggested the site plan include more elevation. RESOLUTION NO. 38-2005 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CENTRE TOWNSHIP ( LT LEASCO, LLC ANNEXATION AREA) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by the sole (100%) property owner which proposes the annexation of real estate located in Centre Township, St. Joseph County, Indiana, which is described more particularly in Section I of this Resolution; and WHEREAS, the territory proposed to be annexed encompasses approximately 0.59 acres of vacant, unimproved land, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 30% contiguous, generally located on the south side of Kern Road, approximately 200 feet east of US 31 South. It is anticipated that the annexation area will be developed for an automotive sales and service building, and it is proposed for rezoning within the City as "CB" (Community Business) upon incorporation into the City limits and Common Council approval. This commercial use will require a basic level of municipal public services of a non -capital improvement nature, including street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, as well as services of a capital improvement nature, including street and road construction, street lighting, a sanitary sewer system, a water distribution system, and a storm water system and drainage plan; and WHEREAS, the Board of Public Works now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non -capital nature, including street and road maintenance, street sweeping, flushing, and snow removal, and sewage collection, and other non -capital services normally provided within the corporate boundaries; and services of a capital improvement nature including street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system to be furnished to the territory to be annexed (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non -capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non -capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, and population density; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation within the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees or other governmental entities whose jobs will be eliminated by the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: �} 5 REGULAR MEETING MAY 23, 2005 Section I. It is in the best interest of the City of South Bend and the area proposed to be annexed that the following described real property located in Centre Township, St. Joseph County, Indiana, be annexed to the City of South Bend: Lot Numbered Thirty-nine (39) as shown on the recorded Plat of Whitcomb & Keller's Southmoor, an Addition to the City of South Bend, recorded in Plat Book 13, page 39 in the office of Recorder of St. Joseph County, Indiana. Lot Numbered Forty (40) as shown on the recorded Plat of Whitcomb & Keller=s Southmoor, an Addition to the City of South Bend, recorded in Plat Book 13, page 39 in the office of Recorder of St. Joseph County, Indiana. Section II. That it shall be and hereby is now declared and established that it is the policy of the City of South Bend, by and through its Board of Public Works, to furnish to said territory services of a non -capital nature, such as street and road maintenance, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation in a manner equivalent in standard and scope to services furnished by the City to other areas of the City regardless of similar topography, patterns of land utilization, and population density; and to furnish to said territory, services of a capital improvement nature such as street and road construction, a street light system, a sanitary sewer system, a water distribution system, a storm water system and drainage plan, 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 regardless of similar topography, patterns of land use, or population density. Section III. That the Board of Public Works shall and does hereby now establish and adopt the Fiscal Plan, attached hereto as Exhibit "A", and made a part hereof, for the furnishing of said services to the territory to be annexed, which provides, among other things, that an existing water main line will be sufficient to service this area and that a lateral sewer line may need to be installed from the sanitary sewer service available on U.S. 31 South, to be paid for by the developer; that street lighting will be provided by revenue in the General Fund; that no new streets are presently required, but any future street construction will be planned, provided, and paid for by the developer; and that a street drainage plan will be also be planned, provided and paid for by the developer subject to compliance with state and local law. Adopted the 23d day of May 2005. BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA s/Gary Gilot, President s/Carl Littrell, Member APPROVAL OF AGENCY AGREEMENT/ADOPT RESOLUTION NO. 40-2005 — AUTHORIZING THE BOARD OF PUBLIC WORKS TO ACT AS AN AGENT FOR THE REDEVELOPMENT COMMISSION RELATING TO THE ACQUISITION OF THE KITTY KAT PROPERTIES Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, the Agency Agreement was approved and the Resolution was adopted by the Board of Public Works: RESOLUTION NO. 40-2005 RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, BOARD OF PUBLIC WORKS APPROVING AND AUTHORIZING THE EXECUTION OF AN AGENCY AGREEMENT BY AND BETWEEN THE SOUTH BEND REDEVELOPMENT COMMISSION AND THE CITY OF SOUTH BEND, INDIANA, BOARD OF PUBLIC WORKS RELATING TO THE KITTY KAT LOUNGE PROPERTIES (Sample -Ewing Development Area) WHEREAS, Arthur T. Ford and Linette L. Ford, husband and wife, are the owners of certain real property and improvements located within the .Sample -Ewing Development Area more commonly known and numbered as 1303 South Michigan Street and Arthur T. Ford, individually, is the owner of certain real property and improvements more commonly known and numbered as 1315 South Michigan Street, 1321-1323 South Michigan Street, St. Joseph County, Indiana (the aforementioned real property and improvements are hereinafter referenced collectively as the "Kitty Kat Lounge Properties"); and WHEREAS, J.R.'s Kitty Kat Lounge, Inc. ("Kitty Kat, Inc."), an entity doing business at the Kitty Kat Properties, is a plaintiff in a lawsuit against the City of South Bend filed in St. Joseph Superior Court as Cause No. 71D07-0010-CP-01348 and captioned J.R.'s Kitty Kat F_� 1 1 REGULAR MEETING MAY 23, 2005 Lounge, Inc. et al. v. The City of South Bend, an Indiana municipal corporation, et al. ("Lawsuit"); and WHEREAS, Arthur T. Ford is a principal in Kitty Kat, Inc, and, in order to settle the Lawsuit, Arthur T. Ford is willing to sell his interest in the Kitty Kat Properties to the City of South Bend and Linette L. Ford is also willing to sell her interest in the Kitty Kat Properties to The City of South Bend; and WHEREAS, the South Bend Common Council, fiscal body of the City of South Bend, has previously appropriated the sum of One Hundred Seventy Five Thousand and 00/100 Dollars ($175,000.00) in settlement of the Lawsuit with Kitty Kat, Inc. and to complete the acquisition of the Kitty Kat Properties; and y WHEREAS, the care, custody and control of City real estate is vested in the Board of Public Works ("Board") pursuant to I.C. 36-9-6-3; and WHEREAS, the Board, desires that title to the Kitty Kat Properties be vested in the "City of South Bend, for the use and benefit of its Department of Redevelopment" in order to facilitate the South Bend Redevelopment Commission's efforts in redeveloping the area known as the Sample -Ewing Development Area; and WHEREAS, the City of South Bend, Department of Redevelopment, acting by and through its governing body, the South Bend Redevelopment Commission ("Commission") desires to accept title to the Kitty Kat Properties; and WHEREAS, the Board and the Commission desire to enter into an agency agreement wherein the Commission shall act as the Board's agent with respect to taking title and possession of the Kitty Kat Properties and other related matters, a copy said Agency Agreement is attached hereto and incorporated herein as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED by the City of South Bend, Indiana, Board of Public Works as follows: Section 1. The Board hereby approves of the Agency Agreement and hereby authorizes its execution in substantially the form attached hereto as Exhibit "A" with such changes as the Board may deem necessary or appropriate upon the advice of counsel, said execution thereof to be conclusive evidence of the Board=s approval of such changes. The Clerk is hereby directed to file a copy of the Agency Agreement with the Commission. Section 2. This Resolution shall be in full force and effect after its adoption by the Board. ADOPTED at a meeting of the City of South Bend Board of Public Works held on May 23, 2005 in Room 1308 County -City Building, South Bend, Indiana 46601. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS s/Gary Gilot, President s/Carl Littrell ATTEST: s/Angela K. Jacob, Clerk APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the following traffic control devices were approved: NEW INSTALLATION: Handicapped Accessible Parking Space Signs LOCATION: 1238 Sorin REMARKS: All Criteria Has Been Met NEW INSTALLATION: (Temporary) Sample Street, West Bound Traffic Restriction REMARKS: 'May 18 and 19, 2005 only, Police Department Dedication FILING OF CERTIFICATES OF INSURANCE Upon a motion made by Mr. Gilot, seconded by Mr. Littrell, and carried, the following Certificates of Insurance were accepted for filing: 1 7 REGULAR MEETING MAY 23, 2005 RMT, Inc. Madison, Wisconsin 53717-1934 Klink Trucking Ashley, Indiana Westside Memorial Parade Committee South Bend, Indiana 46619 APPROVE AND/OR RELEASE CONTRACTOR AND EXCAVATION BONDS Mr. Anthony Molnar, Engineer, Division of Engineering, recommended that the following Contractor and Excavation Bonds be approved and/or released as follows: BOND OF CONTRACTOR Erik Carlson Released Effective May 23, 2005 Mike Czajkowski Builders Released Effective May 23, 2005 McIntyre Jones, Inc. Approved Effective May 5, 2005, Pursuant to Resolution No. 100-2000 Magnolio Duran Approved Effective May 4, 2005, Pursuant to Resolution No. 100-2000 Kelly Veneracion d/b/a Dreambuilders Approved Effective May 12, 2005, Pursuant to Resolution No. 100-2000 BOND OF EXCAVATION McIntyre Jones, Inc. Approved Effective May 5, 2005, Pursuant to Resolution No. 100-2000 Enviro Dynamics LLC Approved Effective May 5, 2005 Pursuant to Resolution No. 100-2000 Mr. Gilot made a motion that the recommendation be accepted and that the Bonds be approved and/or released as outlined above. Mr. Littrell seconded the motion, which carried. APPROVE CLAIMS Mr. Gilot stated that he following claims were submitted to the board for approval: Name Amount of Claim Date Indiana Michigan Power (Bartlett Street Relocation and Memorial Drive) $2895500.00 May 13, 2005 City of South Bend $2,295,694.26 May 16, 2005 City of South Bend $3,233,514,64 May 23, 2005 Casteel Construction (Fire Department New Headquarters) $59,929.00 April 20, 2005 Casteel Construction (Fire Department New Headquarters) $491,962.00 May 17, 2005 St. Joseph County Housing Consortium $353.10 May 5, 2005 St. Joseph County Housing Consortium $281.88 Aril 26, 2005 St. Joseph County Housing Consortium $25,738.71 Aril 28, 2005 St. Joseph County Housing Consortium $31,411.08 May 4, 2005 St. Joseph County Housing Consortium $35.05 May 5, 2005 St. Joseph County Housing Consortium $20.38 May 5, 2005 St. Joseph County Housing Consortium $92.76 May 5, 2005 St. Joseph County Housing Consortium $336.36 May 5, 2005 The Shutter Shoppe (South Bend Police Headquarters) $9,613.03 March 24, 2005 Mr. Gilot made a motion that the claims be approved and the reports as submitted be filed. Mr. Littrell seconded the motion, which carried. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the meeting adjourned at 10:15 a.m. 1 1 1 REGULAR MEETING MAY 23, 2005 TEST: ngela k. Jacob, derk 1 BOARD OF PUBLIC WORKS' Gary A. Gilot, President . /!; g, Ag/�/ Car P. Littrell, Member nald E. Inks, Member