HomeMy WebLinkAbout09/24/07 Board of Public Works Minutes3i5
PUBLIC AGENDA SESSION SEPTEMBER 20.2007
The Public Agenda Session of the Board of Public Works was convened at 10:33 a.m. on
Thursday, September 20, 2007 by Board Member Donald E. Inks, with Board Member Carl P.
Littrell present. Board President Gary A. Gilot was absent. Also present was Board Attorney
Cheryl Greene, and Attorney Thomas Bodnar. Board of Public Works Clerk, Linda M. Martin,
presented the Board with a proposed agenda of items presented by the public and by City Staff.
Board members discussed the following items from that list.
- Addition to the Agenda
Mr. Al Greek, Environmental Services, asked the Board's approval of a Rental
Agreement with Fondriest Environmental-for the monitoring of Hydrogen Sulfide in the
sewer systems. Mr. Greek stated the equipment costs $10,000.00 each to purchase and
they need ten (10) monitors. The Rental Agreement is for $12,000.00 and a period of
sixty (60) days. Mr. Greek stated the equipment is very specialized, and they could only
find one supplier. The monitoring is to check the ph levels of the sewer systems to try to
fix the odor problem. Ms. Greene noted Phil Custard, Purchasing, is on vacation and
needs to first review the agreement, so it should be approved subject to his review. Mr.
Bodnar stated the equipment rental may fulfill the requirements of a Special Purchase,
and he would review the agreement.
- Safety Reports -Department of Public Works
Mr. Joe Kuzmits, Central Services and Mr. Dave Tungate, Water Works, presented their
Monthly Safety reports for August, 2007, for their respective Division's.
- Monthly and Performance Reports - Department of Public Works
Mr. Joe Kuzmits, Central Services, Mr. Dave Tungate, Water Works, and Mr. Al Greek,
Environmental Services, presented their Monthly and Performance Goals reports for
August, 2007, for their respective Division's.
- Change Order -Hill Street and Colfax Parking Lot Improvements -Project No. 104-050
Mr. Toy Villa, Engineering, requested the Board's approval of a Change Order for
$21,353.00, an increase of 29.51%, for the construction located in the north-south alley
between Colfax and LaSalle and Hill St. and Niles Avenue, to control flooding in the '
area. After construction and installation of drywells and inlets commenced, it was
determined that the two drywells would need to be connected to a newly installed drywell
system which required additional work thereby incurring additional costs. He stated the
Legal Department had drawn up a Memo confirming the additional work is directly
related to the original project and the overage is almost exclusively due to circumstances
that could not have been reasonably foreseen. Therefore, the expenses resulting from the
unforeseen circumstances should not be attributed to the twenty percent increase limit of
I.C.36-1-12-18.
- Grant Agreement -Indiana Brownfield's Program
Ms. Ann Kolata, Community and Economic Development, requests the Board's
acknowledgement of two sites approved by the Indiana Brownfield's Program storage
tank removals. One site is at 529 Colfax Avenue, the other is at 821 Portage Avenue. The
owner of the property on Portage Avenue is delinquent on property taxes and she
questioned whether the approval should be subject to the owner's paying their property
taxes. Ms. Greene stated they will profit from the clean-up when they go to sell the
property, so it should be one of the requirements. The Board agreed the
acknowledgement needs to be subject to the property owner bringing their property taxes
current.
- Agreements -Dollar Home Program
Ms. Liz Maradik, Community and Economic Development, stated she has three
agreements on the agenda for the management of the Dollar Home Program by the
Department of Redevelopment. Ms. Maradik noted although the agreements were for
$166,000.00, the actual amount of the agreements is $20,833.00 plus reasonable out-of-
pocket expenses, not to exceed a total of $166,000.00. Ms. Greene stated the Board
should approve the agreements on that basis, not for $166,000.00.
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 12:06 p.m.
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PUBLIC AGENDA SESSION
SEPTEMBER 20, 2007
BOARD OF PUBLIC WORKS
Gary A. Gilot, President
Carl P. Littrell, Member
Donald E. Inks, ember
ATTEST:
Lin a M. Martin, Clerk
REGULAR MEETING SEPTEMBER 24, 2007
The regular meeting of the Board of Public Works was convened at 9:40 a.m. on Monday,
September 24, 2007, by Board President Gary A. Gilot, with Mr. Carl P. Littrell and Mr. Donald
E. Inks present. Also present was Attorney Thomas Bodnar.
APPROVE MINUTES OF PREVIOUS MEETING
Upon a motion made by Mr. Inks, seconded by Mr. Gilot and carried, the minutes of the agenda
session and regular meeting of the Board held on September 6 and September 10, 2007, were
approved.
OPENING OF BIDS -DEMOLITION OF CAROLINE PARTNERSHIP, LLC, PROPERTIES
- PROJECT NO. 107-079 f CIP~
This was the date set for receiving and opening of sealed bids for the above referred to project.
The Clerk tendered proofs of publication of Notice in the South Bend Tribune -and the Tri-
County News, which were found to be sufficient. The following bids were opened and publicly
read:
RITSCHARD BROS., INC.
1204 West Sample Street
South Bend, Indiana 46619
Bid was signed by: Mr. Don Ritschard, Jr.
Non-Collusion Affidavit was in order
Non-Discrimination commitment form was completed
Five percent (5%) Bid Bond was submitted
BID: $145,332.00 Alternate Bid: $24,304.00
C&E EXCAVATING, INC.
53767 County Road 9
Elkhart, Indiana 46514
Bid was signed by: Mr. Allen Johnson
Non-Collusion Affidavit was not submitted
Non-Discrimination commitment form was not submitted
Five percent (5%) Bid Bond was submitted
BID: $131,540.00 Alternate Bid: $26,572.00
~ REGULAR MEETING
SEPTEMBER 24 2007
It was noted that C&E Excavating, Inc., did not have their Non-Collusion/Non-Discrimination
form included in their bid. Mr. Allen Johnson, C&E Excavating, Inc., was present and stated he
didn't realize it was not included and could have it to the Board by the end of the day. Mr.
Bodnar, Legal Department, stated the Bid could be accepted as long as the form was received by
the end of the business day. He noted there was no advantage to C&E hearing the Bids before
they turned in their Non-Collusion/Non-Discrimination form. Upon a motion made by Mr.
Littrell, seconded by Mr. Inks and carried, the above bids were referred to Engineering and
Community & Economic Development for review and recommendation.
OPENING OF BIDS -SALE OF ABANDONED VEHICLES
This was the date set for receiving and opening of sealed bids for the above referred to vehicles.
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:
TERRY'S AUTO SALVAGE
1926 Tamarack Road
Walkerton, Indiana 46574
BID:
No. Description Year Bid
1 Blue Buick Riviera 1995 $361.00
2 Blue Pontiac Grand Prix 1992 $202.00
3 Maroon Buick Re al 1996 $202.00
4 Green Pontiac Sunfire 1997 $303.00
5 Blue Oldsmobile Cutlass 1995 $302.00
6 White Chevrolet Corsica 1995 $202.00
7 Red Chevrolet Camaro 1988 $242.00
8 White Chevrolet Cavalier 1995 $204.00
9 White Oldsmobile Cutlass 1993 $202.00
10 Green Cadillac Seville 1991 $202.00
11 Red Chevrolet Lumina 1990 $175.00
12 White Mercu Sable 1989 $150.00
13 White Chevrolet Corsica 1989 $151.00
14 Gra Chevrolet Lumina 1995 $201.00
15 White Jee Wran ler 2000- $678.00
16 Yellow Cadillac Seville 1978 $175.00
17 Blue/White Chevrolet 1500 1996 $457.00
18 Brown Ford F-250 1988 $225.00
19 Black Chevrolet 5-10 1990 $175.00
20 Green Ford Ex lorer 1994 $195.00
GERTRUDE STREET METAL RECYCLING. INC.
3700 South Gertrude Street
South Bend, Indiana 46614
BID:
No. Description Year Bid
1 Blue Buick Riviera 1995 $229.00
2 Blue Pontiac Grand Prix 1992 $149.00
3 Maroon Buick Re al 1996 $209.00
4 Green Pontiac Sunfire 1997 $178.00
5 Blue Oldsmobile Cutlass 1995 $149.00
6 White Chevrolet Corsica 1995 $149.00
7 Red Chevrolet Camaro 1988 $209.00
8 White Chevrolet Cavalier 1995 $149.00
9 White Oldsmobile Cutlass 1993 $149.00
10 Green Cadillac Seville 1991 $149.00
11 Red Chevrolet Lumina 1990 $149.00
12 White Merc Sable 1989 149.00
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REGULAR MEETING SEPTEMBER 24, 2007 v ° 8
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13 White Chevrolet Corsica 1989 $149.00
14 Gra Chevrolet Lumina 1995 $149.00
15 White Jee Wran ler 2000 $602.50
16 Yellow Cadillac Seville 1978 $149.00
17 Blue/White Chevrolet 1500 1996 $635.50
18 Brown Ford F-250 1988 $179.00
19 Black Chevrolet S-10 1990 $149.00
20 Green Ford Ex lorer 1994 $179.00
STUDIO MOTORS
225 Parsons Street
Kalamazoo, Michigan 49007
BID:
No. Description Year Bid
4 Green Pontiac Surefire 1997 $739.00
5 Blue Oldsmobile Cutlass 1995 $719.00
MS. LORRAINE PENN
711 South Meade Street
South Bend, Indiana 46619
BID:
No. Description Year Bid
4 Green Pontiac Surefire 1997 $350.00
6 White Chevrolet Corsica 1995 $325.50
11 Red Chevrolet Lumina 1990 $250.65
INDIANA AUTO PARTS
3300 South Main Street
South Bend, Indiana 46614
BID:
1
No. Description Year Bid
1 Blue Buick Riviera 1995 $350.00
2 Blue Pontiac Grand Prix 1992 $350.00
3 Maroon Buick Re al 1996 $350.00
4 Green Pontiac Surefire 1997 $400.00
5 Blue Oldsmobile Cutlass 1995 $350.00
6 White Chevrolet Corsica 1995 $350.00
7 Red Chevrolet Camaro 1988 $350.00
8 White Chevrolet Cavalier 1995 $350.00
9 White Oldsmobile Cutlass 1993 $350.00
10 Green Cadillac Seville 1991 $350.00
11 Red Chevrolet Lumina 1990 $300.00
12 White Mercu Sable 1989 $350.00
13 White Chevrolet Corsica 1989 $300.00
14 Gra Chevrolet Lumina 1995 $350.00
15 White Jee Wran ler 2000 $550.00
16 Yellow Cadillac Seville 1978 $350.00
17 Blue/White Chevrolet 1500 1996 $450.00
18 Brown Ford F-250 1988 $350.00
19 Black Chevrolet S-10 1990 $200.00
20 Green Ford Ex lorer 1994 $400.00
MR. HALTON L. WEST
Post Office Box 4722
South Bend, Indiana 46613
BID:
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REGULAR MEETING
SEPTEMBER 24.2007
No. Description Year Bid
4 Green Pontiac Sunfire 1997 $220.00
15 White Jee Wran ler 2000 $325.00
Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the above bids were
referred to Code Enforcement for review and recommendation.
AWARD QUOTATION - LEIGHTON PLAZA PARKING GARAGE CARBON MONOXIDE
SENSING SYSTEM - PROJECT NO. 106-063 (GENERAL FUNDI
Mr. Robert Mathia, Community & Economic Development, advised the Board that on ,
September 10, 2007, quotation were received and opened for the above referred to project. After
reviewing those quotations, Mr. Mathia recommends that the Board award the contract to the
lowest responsive and responsible bidder, Martell Electric, LLC, 1904 North Kenmore Street,
South Bend, Indiana 46628, in the amount of $39,840.00. Therefore, Mr. Inks made a motion
that the recommendation be accepted and the bid be awarded as outlined above. Mr. Littrell
seconded the motion, which carried.
APPROVE CHANGE ORDER NO. 3 -NORTH EXTENSION OF FREDRICKSON PARK -
PROJECT NO. 103-018(IDEM/CITY
Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 3 on behalf
of Rieth-Riley Construction Co., Inc., 3626 Elkhart Road, Post Office Box 477, Goshen, Indiana
46527, indicating the Contract amount be increased by $5,106.00 for a new Contract sum,
including this Change Order, in the amount of $390,000.00. Upon a motion made by Mr. Inks,
seconded by Mr. Littrell, and carried, the Change Order was approved.
APPROVE CHANGE ORDERS NOS. 3. 4 AND 5 -SOUTH MICHIGAN STREET
RECONSTRUCTION - PROJECT NO. 104-024 (FHWA/INDOT)
Mr. Gilot advised that Ms. Thia Vawter, Engineering, has submitted Change Order Nos. 3, 4 and
5 on behalf of Walsh & Kelly, Inc., 24358 State Road 23, South Bend, Indiana 46614, indicating
the following changes:
Change Increase
Order Purpose
` Amount
No.
3 Shallow built-in-place inlets due to discovery that SBC duct bank $11,100.00
on west side of Michigan Street is much shallower than initially
re orted
4 Additiona19001inear feet of 48 strand fiber optic cable required to $3,160.00
connect existing signal controller at intersection of Main Street and
Chippewa Avenue with the new fiber optic run on the west side of
South Michi an Street
5 Additional seven months of item 0002 -Field Office, B, required $15,400.00
due to recent time extension ranted to Contractor
These Change Orders yield a new Contract sum, including these Change Orders, in the amount
of $3,058,859.23. Upon a motion made by Mr. Gilot, seconded by Mr. Littrell, and carried, the
Change Orders were approved.
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APPROVE CHANGE ORDER NO. 5 -SOUTH BEND FIRE STATION #2 -PROJECT NO.
106-002 (COIT/GENERALI
Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 5 on behalf
of Brown & Brown General Contractors, Inc., Post Office Box 487, 124 South Elkhart Street,
Wakarusa, Indiana, 46573-0487, indicating that the Contract amount be increased by $16,260.29
for a new Contract sum, including this Change Order, in the amount of $2,154,531.53. Upon a
motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the Change Order was
approved.
APPROVE FINAL CHANGE ORDER -HILL STREET & COLFAX PARKING LOT
IMPROVEMENTS - PROJECT NO. 104-050 (SEWER BOND
Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted the Final Change Order on
behalf of Ritschard Bros., Inc., 1204 West Sample Street, South Bend, Indiana 46619, indicating
that the Contract amount be increased by $21,353.00 for a new Contract sum, including this
REGULAR MEETING
~~o
SEPTEMBER 24.2007
Change Order, in the amount of $93;709.75. It was noted in a memorandum from Board
Attorney Cheryl Green "the original work is directly related to the original project and the
overage is almost exclusively due to circumstances that could not have been reasonably foreseen.
Therefore, the expenses resulting from the unforeseen circumstances should not be attributed to
the 20% limit and there is no violation of I.C. 36-1-12-18." Upon a motion made by Mr. Gilot,
seconded by Mr. Inks and carried, the Change Order was approved subject to Purchasing review.
APPROVE CHANGE ORDER NO. 1 (FINAL) AND PROJECT COMPLETION AFFIDAVIT
-WALNUT STREET STREETSCAPE (WESTERN TO DUNHAM) -PROJECT NO. 107-010
CDBG
Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 1 (Final) on
behalf of Ortiz Concrete indicating that the contract amount be decreased by $6,843.25 for a new
contract sum, including this Change Order, of $184,082.75. Additionally submitted was the
Project Completion Affidavit indicating this new final cost of $184,082.75. Upon a motion
made by Mr. Inks, seconded by Mr. Littrell 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.
APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - 2007 SEWER
LINING PROGRAM - PROJECT NO. 107-076 (2007 SEWER BOND)
In a memorandum to the Board, Mr. Carl Littrell, Engineering, requested permission to advertise
for the receipt of bids for the above referenced project. Therefore, upon a motion made by Mr.
Gilot, seconded by Mr. Inks and carried, the above request was approved.
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APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS -ONE (1
MORE OR LESS, 2007 OR NEWER ONE TON TWO-WHEEL DRIVE DUMP TRUCK
(WATER WORKS
In a memorandum to the Board, Mr. Lou Grounds, Central Services, requested permission to
advertise for the receipt of bids for the above referenced equipment. Therefore, upon a motion
made by Mr. Inks, seconded by Mr. Littrell and carried, the above request was approved.
APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS -ONE (1
MORE OR LESS, 2007 OR NEWER ONE TON TWO-WHEEL DRIVE STAKE BED WITH
DUMP (PARK DEPARTMENT)
In a memorandum to the Board, Mr. Lou Grounds, Central Services, requested permission to
advertise for the receipt of bids for the above referenced equipment. Therefore, upon a motion
made by Mr. Inks, seconded by Mr. Littrell and carried, the above request was approved.
APPROVAL OF AGREEMENTS/CONTRACTS/PROPOSALS/ADDENDA
The following Agreements, Contracts, Proposals, and Addenda were submitted to the Board for
approval:
TYPE BUSINESS DESCRIPTION AMOUNT MOTION/
SECONDE
D
Grant Indiana Remediation at 529 East $80,685.00 Inks/Littrell
Agreement Finance Colfax (Indiana Brownfietd's Paid by State
Authority Program)
Petroleum
Remediation
Grant Indiana Remediation at 821 Portage $94,215.00 Inks/Littrell
Agreement Finance (Indiana Brownfield's Paid by State Subject to
Authority Program) Property
Petroleum Taxes being
Remediation Current
Construction McIntyre LaSalle AreaNPC Public $125,425.05 Littrell/Inks
Contract Jones, Inc. Works (O'Brien: Humboldt
to Elwood) -Project No.
107-007 CDBG
Construction McIntyre Near West Side NPC Public $178,978.30 Gilot/Inks
Contract Jones, Inc. Works (2200-2300 Blocks
Smith & Kenwood/300-400
Block Johnson) -Project
No. 107-008 CDBG
,~ ,..1 REGULAR MEETING
:1 ...
SEPTEMBER 24, 2007
Construction McIntyre Wellington Street Model $96,627.04 Gilot/Inks
Contract Jones, Inc. Block (Jefferson to Western
-Project No. 107-011
CDBG
Construction Clean Air Asbestos Abatement at 101 $6,984.00 Inks/Littrell
Contract Environmental North Michigan Street -
Services, Inc. Project No. 107-066
TIF/Grant
Contract Christopher B. On-Call Support Services for Not to Inks/Littrell
Burke Assistant City Engineer Exceed
Engineering; Position $15,000.00
Inc. (Engineering Operating
Bud et)
Proposal Christopher B. Engineering Services for the Not to Inks/Littrell
Burke Rehabilitation of CSO #4 Exceed
Engineering, Outfall to the St. Joseph $13,500.00
Inc. River 2007 Sewer Fund
Contract Christopher B. On-Call Support Services for Not to Inks/Littrell
Burke Erosion Control Review Exceed
Engineering, $10,000.00
Inc.
Special 5 Alarm Fire Extrication Equipment $75,213.00 Inks/Littrell
Purchase and Safety (Hurst Equipment)
(AFG Grant/Capital
Im rovements
Agreement Northeast Program Management for $20,833.00 Inks/Littrell
Neighborhood the Dollar Home Program in Plus Out of
Revitalization the Northeast Neighborhood Pocket
Organization, (COIT) Expenses/NT
Inc. E
$166,000.00
Agreement Neaz Northwest Program Management for $20,833.00 Inks/Littrell
Neighborhood, the Dollar Home Plus Out of
Inc. ProgramNacant Housing Pocket
Initiative (COIT) Expenses/NT
E
$166,000.00
Agreement South Bend Program Management for $20,833.00 Inks/Littrell
Heritage the Dollar Home Program in Plus Out of
Foundation the Near Westside Pocket
Neighborhood (COIT) Expenses/NT
E
$166,000.00
Professional Malcolm Engineering Services for $389,200.00 Inks/Littrell
Services Pirnie, Inc. Water Works Treatment
A reement Plant 2006 Bond
Professional Malcolm Amended Professional $338,400.00 Inks/Littrell
Services Pirnie, Inc. Engineering Service
Agreement Agreement for Modifications
Amendment to the Primary and Aeration
Channels at the South Bend
Wastewater Treatment Plant
- Project No.107-062 SRF
Professional Wightman On-Call Engineering $35,000.00 Gilot/Littrell
Services Petrie, Inc. Services for Wastewater
A reement Waste Water O&M
Agreement for DLZ Indiana, Reconstruction of McKinley $201,550.00 Inks/Littrell
Professional LLC Avenue & Ironwood Drive Subject to
Services Intersection (INDOT) Receiving
Check from
INDOT
A reement for DLZ Indiana, General En ineerin Hourl /As Inks/Littrell
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REGULAR MEETING
SEPTEMBER 24.2007
Professional LLC Services (Engineering Needed
Services Operating Budget) Basis/NTE
$20,000.00
Rental Fondriest Rental Agreement for $12,000.00 Inks/Littrell
Agreement Environmental, Monitoring Equipment for Subject to
Inc. Hydrogen Sulfide Control Purchasing
Waste Water O&M A royal
APPROVAL OF STREET CLOSURES/PROCESSIONS
The fnllnwina street rlnsnres and processions were presented for approval:
Sponsor Description Date/Time Location Motion
Carried
Miami Village Street Closure - October 7, 2007 Miami from Calvert to Inks/Littrell
Association Miami Village - 7:00 a.m. to Ewing Subject to No
Fall Festival 7:00 p.m. Posting of
Detour Si s
South Bend Street Closure - October 7, 2007 Martin Luther King Drive Inks/Littrell
Fire Open - 12:00 p.m. to from Lincoln Way West
Department House/Grand 5:00 p.m. to LaSalle
Opening of Fire
Station #2
Christian Street Closure - September 30, Leer from Dayton to Inks/Littrell
Fellowship Celebrating the 2007 - 3:00 Dubail
Assembly Children p.m. to 6:00
Church .m.
United Procession - September 30, From Howard Park West Inks/Littrell
Religious Crop Walk for 2007 - 1:00 on Jefferson, South on
Community Hunger p.m. to 6:00 Michigan Street, West on
p.m. Sample, North on Chapin
to the Food Bank, East on
Western, North on
Michigan, East on
Washington, North on St.
Joseph, East on Colfax to
Howard Park
University of Procession - October 14, From IUSB Activity Gilot/Littrell
Notre Dame & Gulu Walk 2007 - 12:30 Center South on 21St Subject to
IUSB p.m. to 2:00 Street, West on Northside Revised
p.m. Boulevard, North on Route
Twyckenham Drive, East
on Mishawaka Avenue,
South on 20th Street to
Point of Be innin
American Procession - October 6, 2007 Various City Streets in Gilot/Littrell
Cancer Society Making Strides - 7:00 .m. to South Bend, Indiana Subject to
against Breast 12:00 p.m. Change in
Cancer Route -Cross
at St. Joseph
St., stay on
East
Sidewalk to
cross
LaSalle, use
sidewalk
along East
Race at
Jefferson and
cross
Jefferson by
walk under
brid e.
J "'.REGULAR MEETING
SEPTEMBER 24, 2007
APPROVAL OF RECOMMENDATION TO ENCROACH ONTO PUBLIC RIGHT-OF-WAY
- 2516 WEST WESTERN AVENUE -AWNING
Mr. Gilot advised the Board is in receipt of favorable recommendations from the Division of
Engineering, Police Department, Building Commissioner and the Redevelopment Design
Review committee for the installation of an awning at Fred's Auto Body Shop, 2516 West
Western Avenue, South Bend, Indiana, subject to an Indemnification and Hold Harmless
Undertaking. Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the
recommendation was approved.
FAVORABLE RECOMMENDATION -PETITION TO VACATE THE RIGHT-OF-WAY ON
THE SOUTHWEST CORNER OF EDDY STREET AND ANGELA BOULEVARD
Mr. Gilot indicated that Danch Hamer & Associates, Inc., 1643 Commerce Drive, South Bend,
Indiana, has submitted a request to vacate the above referred to right-of--way. Mr. Gilot advised
the Board is in receipt of favorable recommendations concerning this Vacation Petition from the
Area Plan Commission, Police Department, Fire Department, Department of Solid Waste,
Department of Community & Economic Development and the Department of Public Works.
Area Plan stated the vacation would not hinder the growth or orderly development of the unit or
neighborhood in which it is located or to which it is contiguous. The vacation would not make
access to the lands of the aggrieved person by means of public way difficult or inconvenient.
The vacation would not hinder the public's access to a church, school or other public building or
place. The vacation would not hinder the use of a public right-of--way by the neighborhood in
which it is located or to which it is contiguous. Community & Economic Development stated
they have no objections as long as the turning radius on the corner is not affected. Therefore,
Mr. Gilot made a motion that the Clerk send a letter to the petitioner addressing these concerns.
Mr. Inks seconded the motion which carried.
TABLE RECOMMENDATION -PETITION TO VACATE PROPERTY
Mr. Gilot indicated that Danch Hamer & Associates, Inc., 1643 Commerce Drive, South Bend,
Indiana, has submitted a request to vacate the properties as listed below:
1. The First North/South Alley East of Georgiana Street, North from St. Vincent
Street to the Intersecting East/West Alley
2. The First East/West Alley North~of St. Vincent from Georgiana Street to
Burns Street
3. The First North/South Alley East of Burns Street from St. Vincent Street to
the First East/West Alley
4. The First East/West Alley North of St. Vincent from Burns Street to Duey
Street
5. A Portion of the Right-of--Way Located on the Southeast Corner of Napoleon
Street and Eddy Street
Mr. Gilot advised that the Board is in receipt of favorable recommendations concerning this
Vacation Petition from the Area Plan Commission, Police Department, Fire Department,
Department of Solid Waste, Department of Community & Economic Development and the
Department of Public Works. Area Plan stated that the vacation would hinder the growth or
orderly development of the unit or neighborhood in which it is located or to which it is
contiguous. Mr. Phil Byrd, Near Northeast Organization stated it is not in their neighborhood
plans to vacate the north-south alleys south of lots 71, 74, 107, 100 on Hartman & Miller's plat.
This vacation would hinder the future development of fixture houses between Georgiana and
Burns and negatively affects access and trash pickup of the existing houses between Burns and
Duey on lots 100, 101, 102, 106, 111, 117. The vacation would make access to the lands of the
aggrieved persons by means of public way difficult or inconvenient. The vacation would not
hinder the public's access to a church, school or other public building or place. The vacation
would hinder the use of a public right-of--way by the neighborhood in which it is located or to
which it is contiguous.
The Area Plan Commission recommends the following alley vacations:
1. The first East/West alley from Georgiana to Burns North of St. Vincent
2. The first East/West alley North of St. Vincent from Bums to Duey
The Area Plan Commission recommends vacating a portion of the following alleys:
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REGULAR MEETING
SEPTEMBER 24.2007
1. The first North/South alley South of Lots 71, 74 on Hartman & Miller's Plat
East of Georgiana, North of St. Vincent
2. The first North/South alley South of Lots 107, 110 on Hartman & Miller's
Plat, East of Burns, North of St. Vincent.
The Area Plan Commission's recommendation for the right-of--way located at the Southeast
corner of Eddy and Napoleon Street stated that the vacation would not hinder the growth or
orderly development of the unit or neighborhood in which it is located or to which it is
contiguous. The vacation would not make access to the lands of the aggrieved persons by means
of public way difficult or inconvenient. The vacation would not hinder the public's access to a
church, school or other public building or place. The vacation would not hinder the use of a
public right-of--way by the neighborhood in which it is located or to which it is contiguous.
Therefore, Mr. Gilot made a motion the alley vacation be tabled and the Clerk send a letter to the
petitioner addressing these concerns. Mr. Inks seconded the motion which carried.
FAVORABLE RECOMMENDATION -PETITION TO VACATE THE NORTH/SOUTH
ALLEY BETWEEN HARRIS STREET AND WALNUT STREET NORTH OF FORD
STREET AND SOUTH OF PENN CENTRAL RAILROAD TRACKS
Mr. Gilot indicated that Mr. Clasido Aguilar, 609 South Walnut Street, South Bend, Indiana, has
submitted a request to vacate the above referred to alley. Mr. Gilot advised that the Board is in
receipt of favorable recommendations concerning this Vacation Petition from the Police
Department, Fire Department, Department of Solid Waste, Department of Community &
Economic Development and the Department of Public Works. Area Plan stated the vacation
would hinder the growth or orderly development of the unit or neighborhood in which it is
located or to which it is contiguous. Four houses use the alley for trash pick-up. The residents
located at the end of the alley adjacent to the Penn Central Rail Road Tracks use the alley for
rear vehicle access. The vacation would make access to the lands of the aggrieved person by
means of public way difficult or inconvenient. The vacation would not hinder the public's
access to a church, school or other public building or place. The vacation would hinder the use
of a public right of way by the neighborhood in which it is located or to which it is contiguous.
Environmental Services stated the vacation of this alley will affect trash collection. Therefore,
Mr. Gilot made a motion the Clerk send a letter to the petitioner addressing these concerns. Mr.
Littrell seconded the motion which carried.
TABLE RECOMMENDATION -PETITION TO VACATE THE EAST HALF OF THE
EAST/WEST ALLEY WEST OF FRANKLIN BETWEEN WASHINGTON AVENUE AND
JEFFERSON BOULEVARD
Mr. Gilot indicated that Mr. Steve Mihatjevic, Mag Mile Properties, LLC, 6348 North
Milwaukee, Suite 341, Chicago, Illinois, 60646, has submitted a request to vacate the above
referred to alley. Mr. Gilot advised the Board is in receipt of favorable recommendations
concerning this Vacation Petition from the Area Plan Commission, Police Department,
Department of Solid Waste, Department of Community & Economic Development and the
Department of Public Works. Ms. Amy Herdman, President of the Downtown Neighborhood
Association stated the petitioner wants to eliminate foot traffic in the alley and would landscape
the vacated property to provide a buffer for privacy to apartment residents. Area Plan stated the
vacation would not hinder the growth or orderly development of the unit or neighborhood in
which it is located or to which it is contiguous. The vacation would not make access to the lands
of the aggrieved persons by means of public way difficult or inconvenient. The vacation would
not hinder the public's access to a church, school or other public building or place. The vacation
would not hinder the use of a public right of way by the neighborhood in which it is located or to
which it is contiguous. The Fire Department stated the vacation would hamper fire and medical
service access. Community and Economic Development stated unless the petitioner owns the
property on both sides of the alley, there is no reason to approve this vacation. Therefore, Mr.
Gilot made a motion the alley vacation be tabled pending more input and asked Ms. Herdman to
have the petitioner address these issues. Mr. Inks seconded the motion which carried.
FAVORABLE RECOMMENDATION - PETITION TO VACATE THE SECOND
EAST/WEST ALLEY NORTH OF LINCOLNWAY WEST AND EAST OF WILBER STREET
Mr. Gilot indicated that Mr. Tom Shultz, Monarch Laundry, 2810 Foundation Drive, South
Bend, Indiana 46628, has submitted a request to vacate the above referred to alley. Mr. Gilot
advised the Board is in receipt of favorable recommendations concerning this Vacation Petition
from the Area Plan Commission, Police Department, Fire Department, Department of Solid
REGULAR MEETING
SEPTEMBER 24, 2007
Waste, Department of Community & Economic Development and the Department of Public
Works. Area Plan stated the vacation would not hinder the growth or orderly development of the
unit or neighborhood in which it is located or to which it is contiguous. The vacation would not
make access to the lands of the aggrieved persons by means of public way difficult or
inconvenient. The vacation would not hinder the public's access to a church, school or other
public building or place. The vacation would not hinder the use of a public right of way by the
neighborhood in which it is located or to which it is contiguous. Therefore, Mr. Inks made a
motion the alley vacation be given a favorable recommendation. Mr. Littrell seconded the
motion which carried.
FAVORABLE RECOMMENDATION -PETITION TO VACATE THE SOUTH HALF OF
THE NORTH/SOUTH ALLEY. WEST OF MIAMI STREET AND NORTH OF EWING
STREET
Mr. Gilot indicated that Mr. James Masters, Attorney for the South Bend Public Library Virginia
Tutt Branch, 2223 South Miami Street, South Bend, Indiana 46613, has submitted a request to
vacate the above referred to alley. Mr. Gilot advised that the Board is in receipt of favorable
recommendations concerning this Vacation Petition from the Area Plan Commission, Police
Department, Fire Department, Department of Solid Waste, Department of Community &
Economic Development and the Department of Public Works. Area Plan stated the vacation
would not hinder the growth or orderly development of the unit or neighborhood in which it is
located or to which it is contiguous. The vacation would not make access to the lands of the
aggrieved person by means of public way difficult or inconvenient. The vacation would not
hinder the public's access to a church, school or other public building or place. The vacation
would not hinder the use of a public right of way by the neighborhood in which it is located or to
which it is contiguous. Engineering stated the vacation should be subject to subsequent
dedication of other public ingress/egress easements. Therefore, Mr. Gilot made a motion the
Clerk send a letter to the petitioner requiring an access easement and provision of a buffer for the
adjoining property be addressed. Mr. Littrell seconded the motion which carried.
FAVORABLE RECOMMENDATION -PETITION TO VACATE THE NORTH/SOUTH
ALLEY SOUTH OF ORANGE STREET AND EAST OF HUEY STREET
Mr. Gilot indicated that Mr. Terry Lang, Lang/Feeney & Associates, 715 South Michigan Street,
South Bend, Indiana 46601, on behalf of Royal Adhesive & Sealants, has submitted a request to
vacate the above referred to alley. Mr. Gilot advised the Board is in receipt of favorable
recommendations concerning this Vacation Petition from the Area Plan Commission, Police
Department, Fire Department, Department of Solid Waste, Department of Community &
Economic Development and the Department of Public Works. Area Plan stated the vacation
would not hinder the growth or orderly development of the unit or neighborhood in which it is
located or to which it is contiguous. The vacation would not make access to the lands of the
aggrieved persons by means of public way difficult or inconvenient. The vacation would not
hinder the public's access to a church, school or other public building or place. The vacation
would hinder the use of a public right-of--way by the neighborhood in which it is located or to
which it is contiguous. The Department of Solid Waste of Environmental Services stated that
trash pickup would be affected by this vacation. The Police Department is concerned with trash
pickup for the residents of the 100 block of North Huey Street. Community & Economic
Development stated there appears to be four residents on Huey Street with garages on the alley.
The garages do not have access to the street. Therefore, Mr. Gilot made a motion the Clerk send
a letter to the petitioner addressing- these concerns. Mr. Littrell seconded the motion which
carried.
FILING OF SAFETY REPORTS -DEPARTMENT OF PUBLIC WORKS
The Division of Equipment Services and Water Works submitted Safety Reports for August
2007. This report reflects injurieslaccidents for each month and provides for a comparison.
There being no further discussion, upon a motion made by Mr. Littrell, seconded by Mr. Inks and
carried, the reports were accepted and filed.
FILING OF MONTHLY AND PERFORMANCE MEASURE REPORTS -DEPARTMENT
OF PUBLIC WORKS
The Departments of Equipment Services, Environmental Services and Water Works submitted
their Monthly and Performance Reports for the month of August 2007. There being no further
discussion, upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the monthly
reports were accepted and filed.
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J.
NEW INSTALLATION: Handicapped Accessible Parking Sign
LOCATION: 1122 South 23`d Street
REMARKS: All criteria has been meet
NEW INSTALLATION: Valet Parking Only, 5:00 p.m. to 12:00 a.m.
LOCATIONS: 115 West Colfax Avenue (Two Parking Spaces)
119 North Michigan Street (Three Parking Spaces)
REMARKS: All criteria has been met
REGULAR MEETING
APPROVE TRAFFIC CONTROL DEVICES
Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the following traffic
control devices were approved:
SEPTEMBER 24, 2007
NEW INSTALLATION: No Parking
LOCATIONS: South Side of Bruce Street from Webster to 100' East
REMARKS: All criteria has been met
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APPROVE AND/OR RELEASE CONTRACTOR AND EXCAVATION BONDS
Mr. Anthony Molnar, Engineer, Division of Engineering, recommended the following Contractor
and Excavation Bonds be approved and/or released as follows:
BOND OF CONTRACTOR
Miguel A. Hernandez
Approved September 7, 2007
Pursuant to Resolution 100-2000
Alverno Construction Company, LLC
dba Tonn & Blank
BOND OF EXCAVATION
Niezgodski Plumbing
Niezgodski Plumbing
Captain Tony's Big Rig Excavating
Dewulf Excavating, Inc.
New Horizon Drilling Solutions, Inc.
Mr. Littrell made a motion the Bonds approval and/or release as outlined above be ratified. Mr.
Inks seconded the motion, which carried.
APPROVE CLAIMS
Mr. Gilot stated that the following claims were submitted to the board for approval:
Name Amount of Claim Date
Ci of South Bend $2,254,158.46 Se tember 10, 2007
Cit of South Bend $2,164,069.22 Se tember 17, 2007
St. Jose h Coun Housin Consortium $33,049.04 Au st 28, 2007
St. Jose h Count Housin Consortium $973.00 Au st 30, 2007
St. Jose h Coun Housin Consortium $6,375.41 Au ust 30, 2007
St. Jose h County Housing Consortium $31,879.98 Se tember 6, 2007
Mr. Gilot made a motion the claims be approved and the reports as submitted be filed. Mr. Inks
seconded the motion, which carried.
For Release November 1, 2007
Approved September 11, 2007
Pursuant to Resolution 100-2000
For Release September 11, 2007
For Release October 5, 2007
Approved September 14, 2007
Pursuant to Resolution 100-2000
Approved September 17, 2 007
Pursuant to Resolution 100-2000
ADJOURNMENT
There being no further business to come before the Board, upon a motion made by Mr. Gilot,
seconded by Mr. Inks and carried, the meeting adjourned at 10:52 a.m.
~„ ~ REGULAR MEETING
SEPTEMBER 24, 2007
BOARD OF PUBLIC WORKS
Gary A. Gilot, President
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Carl P. Littrell, Member
D nald E. nks, Member
ATTEST:
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in M. Martin, Cler t
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