HomeMy WebLinkAbout12/26/06 Board of Public Works Minutes?Iv
PUBLIC AGENDA SESSION
DECEMBER 21, 2006
The Public Agenda Session of the Board of Public Works was convened at 10:35 a.m. on
Thursday, December 21, 2006, by Board President Gary A. Gilot, with Mr. Carl P.
Littrell, and Mr. Donald E. Inks present. Also present was Board Attorney Thomas
Bodnaz. 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 item(s) from that list.
- Request to Advertise for the Receipt of Bids -Light Bulb Supplies
Mr. Matt Chlebowski, Central Services, stated the bid did not include traffic signal
light supplies. Mr. Gilot requested that Mr. Chlebowski include some incandescent
bulbs for. traffic signals until LED change-out is accomplished or determine that there
is current sufficient inventory.
- Request to Advertise for the Receipt of Bids -Printing Services
Mr. Matt Chlebowski, Central Services, stated he was obtaining pricing to compaze to
in-house printing. Mr. Chlebowski also stated that glossy printing can not be done in-
house. Mr. Gilot advised that the city is looking at the feasibility of purchasing
replacement printing equipment.
- Safety/Perfonnance Reports -Central Services
Mr. Matt Chlebowski, Central Services, presented the safety and performance reports
for Central Services.
APPROVAL OF PROPOSAL -PROFESSIONAL SERVICE -SEWER AIR
SAMPLING -NORTH SHORE DRIVE AND ANGELA BOULEVARD. AND
LEEPER PARK -WEAVER BOOS CONSULTANTS, LLC (SEWER WORKS O&Ml
Mr. Jack Dillon, Environmental Services, recommended to the Board that the above
referenced proposal from Weaver Boos Consultants, LLC, 630 East Bronson Street, Suite
1, South Bend, Indiana, in the amount of $2,840.00, to identify odor causing chemicals in
the sewer, be approved. Therefore, upon a motion made by Mr. Inks, seconded by Mr.
Littrell and carried, the proposal was approved
ADOPT RESOLUTION NO. 76-2006 -VARIOUS CITY DEPARTMENTS -WRITE
OFF OF 2006 ACCOUNTS RECEIVABLE
Ms. Liz Rowe, Finance Department, stated that the purpose of the resolution was to
write-off NSF checks for most city departments and that the resolution was a normal,
yearly procedure. Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried,
the following Resolution was adopted by the Board of Public Works:
RESOLUTION N0.76-2006
WHEREAS, the City of South Bend, through various City Departments, charged the
persons listed on the attached documents for various services; and
WHEREAS, the charges have not been paid to the City of South Bend after the City
Legal Department notified the person who received the services; and
WHEREAS, the Indiana State Board of Accounts has instructed the City to write off all
uncollectible accounts after every attempt to collect them has been made; and
WHEREAS, the City of South Bend by and through its Board of Public Works, desires to
write off the accounts listed on the attached documents.
NOW THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of
South Bend, that the attached documents totaling $2,111.04 be written off to the accounts
receivable of the City of South Bend as uncollectible.
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Adopted the 21st day of December, 2006.
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ATTEST:
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Li a M. Martin, C rk
PUBLIC AGENDA SESSION
Attest:
s/Linda M. Martin, Clerk
DECEMBER 21, 2006
BOARD OF PUBLIC WORKS
OF THE CITY OF SOUTH BEND, INDIANA
s/Gary Gilot, President
s/Carl Littrell, Member
s/Donald E. Inks, Member
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 11:30 a.m..
BOARD OF PUBLIC WORKS
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Gary A. Gilot, President
Carl P. Littrell, Member
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D nald E. nks, Member
REGULAR MEETING DECEMBER 26, 2006
The regular meeting of the Board of Public Works was convened at 9:32 a.m. on
Monday, December 26, 2006, by Board President Gary A. Gilot, with Mr. Carl P. Littrell
and Mr. Donald E. Inks present. Also present was Attorney Shawn Peterson, acting in
behalf of Board Attorney Thomas Bodnar who was not present. Further, Cathy Daniels
was present, acting in behalf of Clerk of the Board Linda M. Martin who was not present.
AGENDA ITEM ADDED
Proposal -Bowman Creek Restoration Project - EmNet, LLC
APPROVE MINUTES OF PREVIOUS MEETING
Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the minutes of the
public agenda session and the regular meeting of the Board held on December 7, and
December 11, 2006, were approved.
APPROVE CORRECTION OF MINUTES -NOVEMBER 27, 2006
' The following errors were noted by the Clerk of the Board in the minutes for November
27, 2006. In the City of South Bend Claims, the claim in the amount of $3,797,562.71,
dated November 11, 2006, should be corrected to November 20, 2006. Also, this specific
claim was entered twice; therefore the duplicate should be deleted. Upon a motion made
by Mr. Gilot, seconded by Mr. Littrell and carried, the correction to the minutes of the
regular meeting of the Board held on November 27, 2006 were approved.
AWARD BIDS -SALE OF ABANDONED VEHICLES
Mr. Gary Libbey, Code Enforcement, advised the Board that on December 11, 2006, bids
were received and opened for the above referred to vehicles. After reviewing those bids,
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REGULAR MEETING DECEMBER 26.2006
Mr. Libbey recommends that the Board award the contract to the lowest, responsive and
responsible bidders as follows.
TERRY'S AUTO SALVAGE
1926 Tamarack Road
Walkerton, Indiana 46574
BID:
No. Make of Vehicle Year Bid
2 Green Ford Ranger 1992 $202.00
3 Blue Buick LeSabre 1993 $202.00
4 Red Ford Explorer 1992 $238.00
7 Blue Cadillac Sedan 1987 $165.00
10 Black Ford Bronco 1988 $265.00
11 Blue Chevrolet Lumina 1995 $213.03
12 Tan Ford Tempo 1993 $165.00
13 Blue Cadillac Sedan 1992 $212,91
I.A.P.
3300 South Main Street
South Bend, Indiana
BID:
No. Make of Vehicle Year Bid
1 Green Pontiac Grand Am 1994 $176.60
6 Gray Ford Mustang 1985 $156.60
8 White Volkswagon Jetta 1988 $156.60
MR. STEVE AUBLER
20057 SB Road
Plymouth, Indiana 46563
BID:
No. Make of Vehicle Year Bid
$316.75
5 Black Toyota Camry 1995
$223.75
9 White Nissan Sentra 1996
Therefore, Mr. Gilot made a motion that the recommendation be accepted and the bids be
awarded as outlined above. Mr. Littrell seconded the motion, which carried.
APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS/TITLE
SHEET - RELOCTION OF CLEVELAND ROAD CROSS-OVER - PROJECT NO
_1.06-058 (AIRPORT TIF/STATE GRANTI
In a memorandum to the Board, Mr. Carl Littrell, Engineering, requested permission to
advertise for the receipt of bids for the above referenced project. Mr. Littrell advised that
the Title Sheet for the above referenced project was being presented at this time for
execution. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the
above referred to Request to Advertise and the Title Sheet was approved and signed.
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REGULAR MEETING DECEMBER 26.2006
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lJ1CH1V U LHIC Hl., 11 V H 1 DL l..L-v1~D V lv ~V V lrlvlnly 1- ov V i t i YY liLL 1"11:LL
IMPROVEMENTS -PROJECT 107-021 (WATER WORKS REVENUE BOND 2006)
In a memorandum to the Board, Mr. John Wiltrout, Water Works, requested permission
to advertise for the receipt of bids for the above referenced project. This will get long
lead time items on order in advance of a contract for installation. Therefore, upon a
motion made by Mr. Gilot, seconded by Mr. Inks and carried, the above request was
approved.
APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS -LIGHT
BULB SUPPLIES -USER DEPARTMENTS
In a memorandum to the Board, Mr. Matthew Chlebowski, Central Services, 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. Limell and carried, the
above request was approved.
APPROVAL OF REOUEST TO ADVERTISE FOR THE RECEIPT OF BIDS -SALE
OF ABANDONED VEHICLES
In a memorandum to the Board, Mr. Gary Libbey, Code Enforcement, requested
permission to advertise for the receipt of bids for the above referenced project.
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 PROPOSALS -
PRINTING SERVICES -USER DEPARTMENTS
In a memorandum to the Board, Mr. Matthew Chlebowski, Central Services, requested
permission to advertise for the receipt of proposals for the above referenced project.
Therefore, upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the
above request was approved.
APPROVE CHANGE ORDER NO. 1 - VESSEL PIPE REPLACEMENT -
CENTERLINE MECHANICAL -PROJECT CODE 06WM08 (CAPITAL FUND 622)
Mr. Gilot advised that Mr. John Wiltrout, Water Works, has submitted Change Order No.
1 on behalf of Centerline Mechanical, 1717 North Commerce, South Bend, Indiana,
indicating that the Contract amount be decreased $8,900.00, which represents a total
change of 23.8% for a new Contract sum including this Change Order in the amount of
$28,600.00. Upon a motion made by Mr. Littrell, seconded by Mr. Inks, and carried, the
Change Order was approved.
APPROVE CHANGE ORDER No. 1 -SOUTH MICHIGAN STREET (SAMPLE
STREET TO BRONSON STREET) - RIETH RILEY CONSTRUCTION, COMPANY -
PROJECT NO. 106-044 (COIT~
Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 1 on
behalf of Rieth Riley Construction, Company, 25200 State Road 23, South Bend,
Indiana, indicating that the Contract amount be increased $4,711.25, which represents a
total change of 3.38%, for a new Contract sum including this Change Order in the
amount of $144,471.25. Upon a motion made by Mr. Inks, seconded by Mr. Littrell, and
carried, the Change Order was approved.
APPROVE CHANGE ORDER No. 1 -RIVERSIDE TRAIL PHASE I (R-27832-B) -
LAPORTE CONSTRUCTION COMPANY, INC.- PROJECT NO. 105-051 (GENERAL
FUND)
Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 1 on
behalf of LaPorte Construction Company, Inc., Post Office Box 577, LaPorte, Indiana
indicating that the Contract amount be increased $22,750.70, which represents a total
change of 1.32%, for a new Contract sum including this Change Order in the amount of
$1,740,971.77. Upon a motion made by Mr. Gilot, seconded by Mr. Littrell, and carried,
the Change Order was approved and recommended to INDOT for approval of federal
funds for (80%) share.
~. ~ REGULAR MEETING
DECEMBER 26.2006
APPROVE CHANGE ORDER NO. 1 (FINAL) AND PROJECT COMPLETION
` AFFIDAVIT/WAIVER OF LIEN -SOUTH OLIVE STREET SANITARY SEWER
REPAIR -HERMAN & GOETZ - PROJECT NO. 106-054 (SEWER FUND
Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No.
(Final), on behalf of Herman & Goetz, 225 South Lafayette, South Bending, Indiana,
indicating that the contract amount be increased by $1,047.76, which represents a total
change of 0.13%, for a new contract sum including this Change Order in the amount of
$787,534.76. Additionally submitted was the Project Completion Affidavit/Waiver of
Lien indicating this new final cost. Upon a motion made by Mr. Gilot, seconded by Mr.
Littrell, and carried, Change Order No. (Final) and the Project Completion Affidavit were
approved subject to the filing of the appropriate three-year Maintenance Bond.
APPROVE CHANGE ORDER. (FINAL) AND PROJECT COMPLETION
AFFIDAVIT/WAIVER OF LIEN - DOUGLAS ROAD SEWER & WATER
EXTENSION - R & R EXCAVATION. INC. - 105-071 (SEWER FUND/WATER
WORKS)
Mr. Gilot advised that Mr. Toy Villa, Engineering has submitted Change Order (Final),
on behalf of R&R Excavation, Inc., 2010 Went Avenue, Mishawaka, Indiana, indicating
that the contract amount be decreased by $20,291.25, which represents a total change of
(6.60 %), for a new contract sum including this Change Order in the amount of
$287,050.50. Additionally submitted was the Project Completion Affidavit/Waiver of
Lien indicating this new final cost. Upon a motion made by Mr. Inks, seconded by Mr.
Littrell, and carried, Change Order (Final) and the Project Completion Affidavit were
approved subject to the filing of the appropriate three-year Maintenance Bond.
APPROVE CHANGE ORDER NO. 2 (FINAL) AND PROJECT COMPLETION
AFFIDAVIT/WAIVER OF LIEN - EAST WASHINGTON STREETSCAPE
IMPROVEMENTS - RIETH RILEY CONSTRUCTION COMPANY -PROJECT NO.
104-046 (CENTRAL DEVELOPMENT AREA
Mr. Gilot advised that Mr. Toy Villa, Engineering has submitted Change Order No. 2
(Final), on behalf of Rieth Riley Construction, Company, 25200 State Road 23, South
Bend, Indiana, indicating that the contract amount be increased by $34,417.14, which
represents a total change of 3.20%, for a new contract sum including this Change Order
in the amount of $1,109,269.04. Additionally submitted was the Project Completion
Affidavit/Waiver of Lien indicating this new final cost. Upon a motion made by Mr.
Inks, seconded by Mr. Littrell, and carried, Change Order No. 2 (Final) and the Project
Completion Affidavit/Waiver of Lien were approved subject to the filing of the
appropriate three-year Maintenance Bond.
APPROVE CHANGE ORDER (FINAL) AND PROJECT COMPLETION
AFFIDAVIT/WAIVER OF LIEN - LASALLE PARK MODEL BLOCK (100-200
BLOCKS OF NORTH WELLINGTON - WALSH & KELLY. INC. -PROJECT NO
106-041 (CDBG)
Mr. Gilot advised that Mr. Toy Villa, Engineering has submitted Change Order (Final),
on behalf of Walsh & Kelly, Inc., 24358 State Road 23, South Bend, Indiana, indicating
that the contract amount be decreased by $2,720.55, which represents a total change of
(1.71%), for a new contract sum including this Change Order in the amount of
$156,086.95. Additionally submitted was the Project Completion Affidavit/Waiver of
Lien indicating this new final cost. Upon a motion made by Mr. Inks, seconded by Mr.
Littrell, and carried, Change Order (Final) and the Project Completion Affidavit/Waiver
of Lien were approved subject to the filing of the appropriate three-year Maintenance
Bond.
APPROVE CHANGE ORDER (FINAL) AND PROJECT COMPLETION
AFFIDAVIT/WAIVER OF LIEN - KELLER PARK SHERMAN AVENUE - BEALE
STREET TO RIVERSIDE DRIVE - L.L. GEANS CONSTRUCTION COMPANY -
PROJECT NO. 106-049 (GENERAL FUND)
Mr. Gilot advised that Mr. Toy Villa, Engineering has submitted Change Order (Final),
on behalf of L.L. Geans Construction Company, 1923 North Home Street, Mishawaka,
Indiana, indicating that the contract amount be increased by $61.87, which represents a
total change of 0.06%, for a new contract sum including this Change Order in the amount
of $91,073.87. Additionally submitted was the Project Completion Affidavit indicating
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REGULAR MEETING DECEMBER 26, 2006 ~ ,? Q
this new final cost. Upon a motion. made by Mr. Inks, seconded by Mr. Littrell, and
carried, Change Order (Final) and`the Project Completion Affidavit were approved
subject to the filing of the appropriate three-year Maintenance Bond.
APPROVE CHANGE ORDER NO. 1 (FINAL) AND PROJECT COMPLETION
AFFIDAVIT/WAIVER OF LIEN - IRELAND AND FELLOWS SIDEWALK
IMPROVEMENTS - ORTIZ CONCRETE -PROJECT NO. 106-084 (SOUTHSIDE
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Mr. Gilot advised that Mr. Toy Villa, Engineering has submitted Change Order No. 1
(Final), on behalf of Ortiz Concrete, 530 Pulaski Street, South Bend, Indiana, indicating
that the contract amount be decreased by $1,475.00, which represents a total change of
(11.13%), for a new contract sum including this Change Order in the amount of
$11,775.00. Additionally submitted was the Project Completion Affidavit indicating this
new final cost. 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.
APPROVE PROJECT COMPLETION AFFIDAVIT/WAIVER OF LIEN -CARPET
REPLACEMENT -CENTURY CENTER -CARPET SERVICE OUTLET, INC. -
PROJECT NO. 106-070 (HOTEL TAX/MOTEL TAX)
Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted the Project Completion
Affidavit/Waiver of Lien, on behalf of Carpet Service Outlet, 1514 Mishawaka Avenue,
South Bend, Indiana, for the above referenced project, indicating a final cost of
$142,950.00. Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the
Project Completion Affidavit/Waiver of Lien was approved.
APPROVE PROJECT COMPLETION AFFIDAVIT/WAIVER OF LIEN -SOUTH
BEND FIRE STATION #7 -ROOF REPLACEMENT -KRC ROOFING & SHEET
.METAL, INC. -PROJECT NO. 106-066 (FIRE FUND)
Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted the Project Completion
Affidavit/Waiver of Lien, on behalf of KRC Roofing & Sheet Metal, Inc., 3702 West
Sample Street, South Bend, Indiana, for the above referenced project, indicating a final
cost of $39,950.00. Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and
carried, the Project Completion Affidavit/Waiver of Lien was approved.
APPROVAL OF AGREEMENTS/CONTRACTS/PROPOSALS/ADDENDA
The following Agreements/Contracts/Proposals/Addenda were submitted to the Board for
approval:
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TYPE DESCRIPTION BUSINESS AMOUNT MOTION/
SECONDED
Agreement Services as a Jesusa $3,400.00 Gilot/Inks
Member of the Rodriguez
Board of Public
Safet - 2007
Agreement Services as a Patrick Cottrell $3,400.00 Gilot/Inks
Member of the
Board of Public
Safety
Agreement Services as a Reverend $3,400.00 Gilot/Inks
Member of the Donald Alford
Board of Public
Safety
Agreement Services as a Bruce J. $3,400.00 Gilot/Inks
Member of the BonDurant
Board of Public
Safety
Agreement Services as a Juanita $3,400.00 Gilot/Inks
Member of the Dempsey
Board of Public
Safet
Grant Lincoln Way 1246 Lincoln $18,062.50 TABLED
Agreement West Way West Gilot/Inks
r ~REGULAR MEETING DECEMBER 26.2006
TYPE DESCRIPTION BUSINESS AMOUNT MOTION/
SECONDED
Commercial
Corridor Fagade
Improvement
Matching Grant
Program
Agreement Administrative South Bend $1.00 Littrell/Inks
& Fiscal Support Weed & Seed
- 2007 Alliance, Inc.
Agreement Staff Support - Rebuilding Littrell/Inks
2007 Together
Construction 701 Niezgodski $13,340.00 Inks/Littrell
Contract Pennsylvania - Plumbing, Inc.
Water/Sewer
Laterals
Construction 701 Garman $3,760.85 InkslI,ittrell
Contract Pennsylvania - Electric
Electric
Construction 701 Gnoth & $12,629.65 Inks/Littrell
Contract Pennsylvania - Naragon
Heating/Air Heating & Air
Conditioning Conditioning,
Ina
Extension Mishawaka 2218-2232 Extension - Inks/Littrell
Agreement Avenue Mishawaka November 17,
Commercial Avenue 2006
Corridor Facade
Improvement
Grant Pro ram
Extension Mishawaka 2218-2232 Final Extension Inks/Littrell
Agreement Avenue Mishawaka December 18,
Commercial Avenue 2006
Corridor Fagade
Improvement
Grant Program
Extension Mishawaka 2521 Extension - GilotlInks
Agreement Avenue Mishawaka January 17,
Commercial Avenue 2007
Corridor Facade
Improvement
Grant Pro ram
Construction Dewatering Bowen $293,000.00 Inks/Littrell
Contract Polymer Feed Engineering
System
Service Flex North Annual Inks/Littrell
Agreement Administrative American Renewal
Services - Administrators
Health Insurance
Fund
Service Property/Boiler Gibson $40,800.00 Inks/Littrell
Agreement Machinery Insurance
Services - Group
Worker's
Compensation
Services
Agreement Commercial and Northern Inks/Littrell
Industrial Indiana Public
Interruptible Service
Sales Service - Company
Waste Water
Treatment
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REGULAR MEETING
DECEMBER 26.2006
TYPE DESCRIPTION. BUSINESS AMOUNT MOTION/
SECONDED
Utility
Loan Loan and Studebaker Inks/Littrell
Agreement Authorization to National
Transport - 1966 Museum
Cruiser to
Canadian
International
Autoshow -
February 9,
2007-February
26, 2007
Proposal Bowman Creek EmNet, LLC $29,780.00 Inks/Littrell
Restoration - Subject to
Waste Water Legal Review
Utility Fund and Funding
Availability
APPROVE CONSENT TO ANNEXATION AND WAIVER OF RIGHTS TO
REMONSTRATE AND ACKNOWLEDGEMENT OF CITY COMPACT FEES -
AUGUSTINE LAKES SUBDIVISION -WEST SIDE OF PRIMROSE ROAD -
SEWER AND WATER
Mr. Gilot stated that the Board is in receipt of a Consent to Annexation and Waiver of
Right to remonstrate as submitted by Augustine Lakes Subdivision. The Consent
indicates that in consideration for permission to tap into public sanitary sewer system of
the City, to provide sanitary sewer and water service to Augustine Lakes Subdivision,
west side of Primrose Road, South Bend, Indiana, Mr. Dennis D. Miller, Member, 54340
29`h Street, South Bend, Indiana agrees to waive and release any and all right to
remonstrate against or oppose any pending or future annexation of the property by the
City of South Bend. Therefore, Mr. Gilot made a motion that the Consent be approved.
Mr. Littrell seconded the motion, which carried.
APPROVE IRREVOCABLE LETTER OF CREDIT:
Mr. Tony Molnar, Division of Engineering, submitted the following irrevocable Letter of
Credit to the Board and recommended approval:
IRREVOCABLE STANDBY LETTER OF CREDIT NO. 7174895
ISSUED BY: Kendall-Weiss, LLP/Developers Surety and Indemnity
Company
FOR: Lafayette Falls
AMOUNT: $32,839.00
EXPIRES:
IMPROVEMENT: Section Four
Mr. Gilot made a motion that the Letter of Credit, as outlined above, be accepted and
placed on file. Mr. Littrell seconded the motion, which carried.
APPROVAL OF RECOMMENDATION - PROCESSION - SOUTH BEND
HERITAGE FOUNDATION -MARTIN LUTHER KING DAY MARCH
Mr. Gilot stated that favorable recommendations have been received by Engineering,
Traffic and Lighting, Park Department, Police Department and the City Attorney's office,
in reference to a request as submitted by the South Bend Heritage Foundation to conduct
the above referred to procession, on January 15, 2007, on the designated route as
submitted. Upon a motion made by Mr. Littrell, seconded by Mr. Inks and tamed, the
procession was approved.
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3REGULAR MEETING
DECEMBER 26.2006
RECOMMENDATION -PETITION TO VACATE THE ALLEY - NORTH/SOUTH
ALLEY FROM DUBAIL AVENUE SOUTH TO THE FIRST EAST/WEST ALLEY
Mr. Gilot indicated that New Life Fellowship Ministry, 2301 West Dubail Avenue, South
Bend, Indiana, has submitted a request to vacate the above referred to alley. Mr. Gilot
advised that the Board is in receipt of recommendations concerning this Vacation Petition
from the Area Plan Commission, Police Department, Fire Department, Environmental
Services, Department of 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. The area has not
been fully built out. There are undeveloped lots. Vacating the alley could affect the
ability of future development to conform to and fully utilize the alley to meet the current
rear access design of the neighborhood. The vacation would make access to the lands of
the aggrieved person by means of public way difficult or inconvenient. One current
garage is accessed from the portion of the alley that would be vacated. 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 way by the neighborhood in which
it is located or to which it is contiguous. Services such as trash removal use the alley and
emergency access for the Fire and Police Departments could be negatively affected, in
turn increasing their response times. Division of Environmental Services indicated that
closing the alley would affect the trash service of six (6) neighbors. Currently their trash
is placed in the alley. These customers would have to place their trash at the curb line for
pick up. Engineering states, in addition, if this alley is vacated, it be done so subject to
any utility easements that are necessary. 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.
ADOPT RESOLUTION NO. 74-2006 - A WRITTEN FISCAL PLAN AND
ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN
ANNEXATION AREA IN CENTRE TOWNSHIP (SHOEMAKER ANNEXATION
AREAL
Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the following
Resolution was adopted by the Board of Public Works:
RESOLUTION NO. 74-2006
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
(SHOEMAKER ANNEXATION AREA)
WHEREAS, there has been submitted to the Common Council of the City of
South Bend, Indiana, an Ordinance and a petition by all (100%) property owners which
proposes the annexation of real estate located in Centre Township, St. Joseph County,
Indiana, which is more particularly described at Page 15 of Exhibit "A" attached hereto;
and
WHEREAS, the territory proposed to be annexed encompasses approximately
.821 acres of vacant land, which property is at least 12.5% contiguous to the current City
limits, i.e., approximately 46.3% contiguous, generally located at the southeast corner of
U.S. 31 and Detroit Street. It is anticipated that the annexation area will be developed for
a single-story office-retail building and a parking lot.
This development 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
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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
REGULAR MEETING DECEMBER 26.2006 ~ x 4
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 anon-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:
Section I. It is in the best interest of the City of South Bend and the area proposed
to be annexed that the real property described more particularly at Page 15 of Exhibit "A"
attached hereto 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 anon-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 the public sanitary sewer network is available with capacity sufficient to
service this area with any extensions for future development to be paid by the developer;
a 400' water main extension will be needed to service the annexation area to be paid by
the developer; that street lighting and parking will be installed at the developer's expense;
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.
Section IV. It is required as a condition of annexation that neo-traditional
building/site design elements be included in terms of context, setback, orientation,
spacing, style, massing, height, entry, fenestration, materials, accessory buildings,
landscape buffering and lighting that achieve development and design of the highest
' possible quality. It is required that the annexation area integrate harmoniously with the
surrounding residential areas to the east.
In consideration of pedestrian safety and proper vehicular movement, it is further
required as a condition of rezoning and annexation that the developer give very careful
consideration to vehicular access and circulation as well as pedestrian movement for the
development within the annexation area. All screening, signage and vehicular access
shall conform to the latest City of South Bend standards and ordinances.
r ~, REGULAR MEETING
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DECEMBER 26.2006
Building plans and other information to satisfy these requirements must be submitted by
the developer to the City as part of the development review process. Failure to comply
with all the conditions may result in the City's repeal of annexation.
Adopted the 26th day of December, 2006.
BOARD OF PUBLIC WORKS
OF THE CITY OF SOUTH BEND, INDIANA
s/Gary Gilot, President
s/Carl Littrell, Member
s/Donald E. Inks, Member
Attest:
s/Cathy Daniels, Acting Clerk
APPROVE TRAFFIC CONTROL DEVICE
Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the following
traffic control devices were approved:
NEW INSTALLATION: Handicapped Accessible Parking Space Signs
LOCATION: 1131 East Indiana
REMARKS: All Criteria Has Been Met
NEW INSTALLATION: Handicapped Accessible Parking Space Signs
LOCATION: 1736 Leer Street
REMARKS: All Criteria Has Been Met
APPROVE TRAFFIC CONTROL DEVICE -ZONING RESERVATION
Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the following
Zoning Reservation was approved:
NEW INSTALLATION: Zoning Reservation of Parking Spaces -Madison
Center
LOCATION: 500 Block of East Cedar Street
REMARKS: All Criteria Has Been Met
APPROVE WASTEWATER DISCHARGE PERMIT RENEWAL
In a Memorandum to the Board, Mr. Manuel Bueno, Division of Environmental Services,
submitted the following Industrial Discharge Permit and recommended approval:
ROYAL ADHESIVES AND SEALANTS, LLC. - Renewal
Upon a motion made by Mr. Gilot, seconded by Mr. Littrell, and carried, the above
referenced permit was approved for renewal.
FILING OF SAFETY REPORTS -CENTRAL SERVICES
The Division of Central Services submitted a Safety Report for November, 2006. The
report reflects injuries/accidents for the month and provides for a comparison. There
being no further discussion, upon a motion made by Mr. Gilot, seconded by Mr. Littrell
and carried, the report was accepted and filed.
FILING OF MONTHLY REPORT -CENTRAL SERVICES
Mr. Matt Chlebowski, Central Services submitted the monthly report for November,
2006. There being no further discussion, upon a motion made by Mr. Gilot, seconded by
Mr. Littrell, and carried, the monthly report was accepted and filed.
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APPROVAL/RELEASE OF CONTRACTOR AND EXCAVATION BONDS
Mr. Anthony Molnar, Division of Engineering, recommended that the following
Contractor and Excavation Bonds be approved and/or released as follows:
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REGULAR MEETING
BOND OF CONTRACTOR
Chris Wood
BOND FOR EXCAVATION
O.J. Shoemaker, Inc.
Soil Exploration Services
dba SES Environmental, Inc.
ASAP Septic, LLC
DECEMBER 26, 2006
Released Effective December 26, 2006
Released Effective December 26, 2006
Released Effective December 26, 2006
Approved Effective December 14, 2006
Pursuant to Resolution No. 100-2000
Upon a motion made by Mr. Gilot, seconded by Mr. Inks, and carried, the above
referenced bonds were approved/released.
FILING OF CERTIFICATE OF INSURANCE
Upon a motion made by Mr. Gilot, seconded by Mr. Inks, and carried, the following
Certificates of Insurance were accepted for filing:
Kerkstra Precast, Inc.
Reece Campbell, Inc.
Garman Electric
Niezgodski Plumbing, Inc.
Grandville, Michigan
Cincinnati, Ohio
Mishawaka, Indiana
South Bend, Indiana
Mr. Gilot made a motion that the recommendation be accepted and that the Bonds be
released as outlined above. 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
Cit of South Bend $2,509,467.08 December 11, 2006
Cit of South Bend $7,674,525.25 December 18, 2006
St. Jose h Count Housin Consortium $111.74 November 14, 2006
St. Jose h Count Housin Consortium $551.36 November 14, 2006
St. Joseph County Housing Consortium $6,954.79 November 14, 2006
St. Jose h Count Housin Consortium $9,012.61 November 14, 2006
St. Jose h County Housing Consortium $71.98 November 14, 2006
St. Jose h County Housing Consortium $393.75 November 14, 2006
St. Joseph County Housin Consortium $5,409.02 November 13, 2006
St. Jose h Count Housin Consortium $48,549.39 November 13, 2006
St. Joseph County Housing Consortium $7,274.75 November 13, 2006
St. Jose h Count Housing Consortium $215.52 November 14, 2006
St. Jose h Count Housin Consortium $280.50 November 14, 2006
St. Jose h Count Housing Consortium $2,486.40 December 7, 2006
St. Jose h Count Housing Consortium $2,486.39 December 7, 2006
St. Joseph County Housing Consortium $40,805.34 December 1, 2006
St. Joseph County Housing Consortium $24,732.11 December 1, 2006
St. Jose h Count Housin Consortium $950.48 December 1, 2006
St. Jose h Count Housing Consortium $616.68 December 1, 2006
St. Jose h Count Housing Consortium $478.50 December 1, 2006
St. Jose h County Housing Consortium $2,396.25 December 1, 2006
St. Jose h Count Housing Consortium $4,893.98 December 1, 2006
St. Jose h County Housing Consortium $3,615.00 December 7,2006
St. Joseph County Housing Consortium $25,515.00 December 5, 2006
St. Jose h County Housing Consortium $90,016.57 December 11,2006
Rieth-Riley Construction Company, Inc. -
Pa Estimate #9 -Ireland Road Construction $149,626.04 December 14, 2006
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,~ ~ ~ GULAR MEETING DECEMBER 26, 2006
Mr. Inks 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. Inks and carried, the meeting adjourned at 10:24 a.m.
BOARD OF PUBLIC WORKS
~~ Q~~
Gary A. Gilot, President
Carl P. Littrell, Member
Do ald E. Inks, Member
ATTEST:
i da M. Martin, Clerk
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