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HomeMy WebLinkAbout10/16/95 Board of Public Works MinutesREGULAR MEETING OCTOBER 16, 1995 The regular meeting of the Board of Public Works was convened at 9:35 a.m. on Monday, October 16, 1995, by Board President John E. Leszczynski, with Mr. Leszczynski, Mr. James R. Caldwell and Mrs. Jenny Pitts Manier present. Board Attorney Anne Bruneel was not present. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried, the minutes of the regular meeting of the Board held on October 9, 1995, were approved. OPENING OF BIDS - ABANDONED VEHICLES This was the date set for receiving and opening of sealed bids for the above referred to abandoned 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: RICK FERRARA 51519 U.S. 31 North South Bend, Indiana 46634 Number Red Tag Vehicle Year Vin Bid 1 25778 Dodge 1987 2B4FJ5130HR323568 $358.29 SUPER AUTO 3300 South Main Street South Bend, Indiana 46614 Number Red Tag Vehicle Year Vin Bid 1 25778 Dodge 1987 2B4FJ5130HR323568 $289.00 2 26328 Buick 1984 1C4AG19E6R6464995 $189.00 3 26022 Toyota 1985 JT2AE92E5F3188754 $129.00 4 25971 Ford 1958 F25J8G19022 $ 30.79 5 26002 Ford 1984 2FABP23R3EB 198529 $ 69.96 6 26538 Pontiac 1981 1G2AY3756B6158900 $ 25.25 7 26539 Nissan 1982 JN1HB12S4CUo21998 $ 21.00 8 26542 Lincoln 1977 7Y89A917598 $ 79.95 9 26543 Corvair 1964 40969W227299 $ 21.00 10 26544 Buick 1981 1G4AB3751BW179422 $ 25.25 11 26545 Cadillac 1979 6969n99489787 $144.79 12 26546 Dodge 1982 1B3BV41BCG119924 $ 27.79 13 26547 Chrysler 1978 CL43K8C100294 $ 57.79 14 26630 Chrysler 1972 CM23M4C203587 $ 57.79 15 26011 Oldsmobile 1972 3N69K7X219228 $ 57.79 16 26617 Chrysler 1984 1C3BT46D2EC309819 $ 25.25 17 26214 Chevrolet 1988 1 G 1 JC I I I JJ221944 $134.95 18 26599 Lincoln 1979 9Y82S609638 $ 69.95 19 26532 Chevrolet 1987 1G1BN69H6FY210739 $179.95 20 26834 Buick 1983 1G4AL19R9D6420759 $139.95 21 26836 Chevrolet 1985 1G1AW19X9176247041 $ 25.25 22 26957 Mercury 1979 9H93F766944 $ 79.95 23 26678 Mazda 1982 JM2UC1218E0893767 $ 69.95 24 26564 Oldsmobile 1981 1G3AK47AXBM445474 $ 69.95 REGULAR MEETING OCTOBER 16, 1995 JERRY' S DISCOUNT TOWING 2711 West Western South Bend, Indiana 46619 Number Red Tag Vehicle Year Vin Bid 1 25778 Dodge 1987 2B4FJ5130HR323568 $ 37.50 2 26328 Buick 1984 1C4AG19E6R6464995 $ 32.50 3 26022 Toyota 1985 JT2AE92E5F3188754 $ 35.20 4 25971 Ford 1958 F25J8G19022 $ 55.00 5 26002 Ford 1984 2FABP23R3EB198529 $ 37.50 6 26538 Pontiac 1981 1G2AY3756B6158900 $ 32.20 7 26539 Nissan 1982 JN1HB12S4CUo21998 $ 32.20 8 26542 Lincoln 1977 7Y89A917598 $ 72.20 9 26543 Corvair 1964 40969W227299 $ 32.20 10 26544 Buick 1981 1G4AB3751BW179422 $ 59.20 11 26545 Cadillac 1979 6969n99489787 $ 72.20 12 26546 Dodge 1982 1B3BV41BCG119924 $ 35.15 13 26547 Chrysler 1978 CL43K8C100294 $ 68.20 14 26630 Chrysler 1972 CM23M4C203587 $ 69.15 15 26011 Oldsmobile 1972 3N69K7X219228 $ 69.55 16 26617 Chrysler 1984 1C3BT46D2EC309819 $ 37.20 17 26214 Chevrolet 1988 1GIJC111JJ221944 $ 65.00 18 26599 Lincoln 1979 9Y82S609638 $ 72.20 19 26532 Chevrolet 1987 1G1BN69H6FY210739 $ 65.20 20 26834 Buick 1983 1G4AL19R9D6420759 $ 51.20 21 26836 Chevrolet 1985 1G1AW19X9F6247041 $ 37.90 22 26957 Mercury 1979 9H93F766944 $ 75.90 23 26678 Mazda 1982 JM2UC1218E0893767 $ 32.50 24 26564 Oldsmobile 1981 1G3AK47AXBM445474 $ 62.50 STEVE AND GENES AUTO TRUCK SALVAGE 3109 Gertrude South Bend, Indiana 46614 Number Red Tag Vehicle Year Vin Bid 1 25778 Dodge 1987 2B4FJ51301IR323568 $ 69.85 2 26328 Buick 1984 1C4AG19E6R6464995 $ 45.00 3 26022 Toyota 1985 JT2AE92E5F3188754 $ 35.00 4 25971 Ford 1958 F25J8G19022 $ 45.00 5 26002 Ford 1984 2FABP23R3EB198529 $ 39.85 6 26538 Pontiac 1981 1G2AY3756B6158900 $ 29.85 7 26539 Nissan 1982 JN1HB12S4CU021998 $ 29.85 8 26542 Lincoln 1977 7Y89A917598 $ 59.85 9 26543 Corvair 1964 40969W227299 $ 25.80 10 26544 Buick 1981 1G4AB3751BW179422 $ 25.85 11 26545 Cadillac 1979 6969n99489787 $ 49.85 12 26546 Dodge 1982 1B3BV41BCG119924 $ 25.85 13 26547 Chrysler 1978 CL43K8C100294 $ 49.85 14 26630 Chrysler 1972 CM23M4C203587 $ 51.85 15 26011 Oldsmobile 1972 3N69K7X219228 $ 51.85 16 26617 Chrysler 1984 1C3BT46D2EC309819 $ 39.85 17 26214 Chevrolet 1988 1GIJC111JJ221944 $ 51.85 18 26599 Lincoln 1979 9Y82S609638 $ 51.85 19 26532 Chevrolet 1987 1G1BN69H6FY210739 $ 51.85 20 26834 Buick 1983 1G4AL19R9D6420759 $ 39.85 REGULAR MEETING OCTOBER 16, 1995 21 26836 Chevrolet 1985 1GIAW19X9F6247041 $ 25.85 22 26957 Mercury 1979 9H93F766944 $ 39.85 23 26678 Mazda 1982 JM2UC1218E0893767 $ 25.85 24 26564 Oldsmobile 1981 1G3AK47AXBM445474 $ 45.85 K AUTO SALVAGE 56670 Sonora Road South Bend, Indiana 46619 Number Red Tag Vehicle Year Vin Bid 1 25778 Dodge 1997 2B4FJ5130HR323568 $317.00 2 26328 Buick 1984 1C4AG19E6R6464995 $100.00 5 26002 Ford 1984 2FABP23R3EB 198529 $ 44.00 10 26544 Buick 1981 1G4AB3751BW179422 $ 33.00 11 26545 Cadillac 1979 6969n99489787 $ 53.00 13 26547 Chrysler 1978 CL43K8C100294 $ 41.00 14 26630 Chrysler 1972 CM23M4C203587 $ 58.00 17 26214 Chevrolet 1988 1 Gl JC 111 JJ221944 $121.00 19 26532 Chevrolet 1987 1G1BN69H6FY210739 $117.00 20 26834 Buick 1983 1G4AL19R9D6420759 $ 61.00 21 26836 Chevrolet 1985 1G1AW19X9F6247041 $101.00 24 26564 Oldsmobile 1981 IG3AK47AXBM445474 $113.00 DAVID EDMONDS 1919 Ontario Niles, Michigan 49120 Number Red Tag Vehicle Year Vin Bid 9 26543 Corvair 1964 40969W227299 $ 67.50 20 26834 Buick 1983 IG4AL19R9D6420759 $157.00 24 26564 Oldsmobile 1981 1G3AK47AXBM445474 $157.00 JOSEPH BROCK 2902 Frederickson South Bend, Indiana 46628 Number Red Tay Vehicle Year Vin Bid 5 26002 Ford 1984 2FABP23R3EB 198529 $ 70.99 19 26532 Chevrolet 1987 1G1BN69H6FY210739 $ 90.00 24 26564 Oldsmobile 1981 1G3AK47AXBM445474 $ 40.00 Upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried, the above bids were referred to the Department of Code Enforcement for review and recommendation. AWARD BID - RUM VILLAGE NEIGHBORHOOD PARTNERSHIP CENTER SERVICE AREA - KENDALL STREET PARK - PROJECT NO 95-26 Mr. Carl P. Littrell, Director, Division of Engineering, advised the Board that on October 9, 1995, bids were received and opened for the above referred to project. After reviewing those bids, Mr. Littrell recommends that the Board award the contract to the low bidder, Walsh & Kelly, Inc., 24358 State Road 23, South Bend, Indiana, in the amount of $16,382.50. Therefore, Mr. Caldwell made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mrs. Manier seconded the motion which carried. REGULAR MEETING OCTOBER 16, 1995 AWARD BID - NEW IRRIGATION SYSTEM - ELBEL GOLF COURSE - PROJECT NO. 95-16 Mr. Carl P. Littrell, Director, Division of Engineering, advised the Board that on September 25, 1995, bids were received and opened for the above referred to project. After reviewing those bids, Mr. Littrell recommends that the Board award the contract to the low bidder, Wissco Irrigation Company, 1820 South Bend Avenue, South Bend, Indiana, in the amount of $583,000.00. Therefore, Mrs. Manier made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mr. Caldwell seconded the motion which carried. APPROVAL OF AGREEMENT - TRANSFER OF REAL ESTATE AND RELATED MATTERS - FRANCIS M. TASLER Mr. Leszczynski stated that the Board is in receipt of an Agreement between the City of South Bend and Francis M. Tasler, for the transfer to the City of property at 505 West Washington Street, South Bend, Indiana, and related matters pertaining to the transfer of said property. Additionally, this property is slated for demolition. Mr. Leszczynski noted that the Agreement is in the amount of $53,000.00. Therefore, upon a motion made by Mrs. Manier, seconded by Mr. Caldwell and carried, the Agreement was approved and executed. APPROVE COMMUNITY DEVELOPMENT CONTRACT The following Community Development Contract was presented to the Board for approval: Christmas in April $6,000 Staff Support/Bureau of Housing Upon a motion made by Mr. Caldwell, seconded by Mr. Leszczynski and carried, the above referred to Contract was approved and executed. APPROVAL OF AGREEMENT - COMPUTERIZED TRAFFIC SIGNALS - PHASE 11B - CLYDE E. WILLIAMS AND ASSOCIATES - PROJECT NO. 90-03B Mr. Leszczynski stated that the Board is in receipt of an Agreement between the City of South Bend and Clyde E. Williams and Associates, 1843 Commerce Drive, South Bend, Indiana, for services requested to make plans ready for bidding for the next phase of the computerized signal system to interconnect Bendix Drive, Jefferson Boulevard, Colfax, Hill Street, Niles Avenue, Eddy Street and Sample Street. Further, the project is scheduled for letting by the Indiana Department of Transportation in January. Mr. Leszczynski noted that the Agreement is in the amount of $18,900.00. Therefore, upon a motion made by Mr Leszczynski, seconded by Mrs. Manier and carried, the Agreement was approved and executed. APPROVAL OF AGREEMENT - U.S. 31/NIMTZ PARKWAY INTERCHANGE FEASIBILITY STUDY - COLE ASSOCIATES - PROJECT NO. 95-18 Mr. Leszczynski stated that the Board is in receipt of an Agreement between the City of South Bend and Cole Associates, 2211 East Jefferson, South Bend, Indiana, for additional services requested to complete the study. Further, this will increase the cost of the study by $7,500.00 for a total of $28,545.00. Therefore, upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried, the Agreement was approved and executed. APPROVE CHANGE ORDER - WATER WORKS RENOVATION - PROJECT NO. 94-03 Mr. Leszczynski advised that Mr. Timothy Wall, Mathews-Purucker-Anella, Inc., 218 South Frances Street, South Bend, Indiana, submitted Change Order No. G-2, on behalf of Gibson -Lewis, 1001 West llth Street, Mishawaka, Indiana indicating that the Contract amount be increased $2,185.00 for a new Contract sum including this Change Order in the amount of $194,279.00. Upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the Change Order was approved. APPROVE PROJECT COMPLETION AFFIDAVIT -_ NEAR WEST SIDE PARTNERSHIP CENTER SERVICE AREA - PROJECT NO. 94-89 Mr. Leszczynski advised that Mr. Bob Allen, Construction Manager, has submitted the Project Completion Affidavit on behalf of Phend and Brown, Post Office Box 218, Milford, Indiana, for the above referred to project, indicating a final cost of $130,920.34. Upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the Project Completion Affidavit was approved. REGULAR MEETING OCTOBER 16, 1995 APPROVE PROJECT COMPLETION AFFIDAVIT - NEAR NORTHWEST PARTNERSHIP CENTER SERVICE AREA -PROJECT NO 95-10 Mr. Leszczynski advised that Mr. Bob Allen, Public Construction Manager, has submitted the Project Completion Affidavit on behalf of Rieth Riley Construction Co., Inc., 25200 State Road 23, South Bend, Indiana, for the above referred to project, indicating a final cost of $179,649.69. Upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the Project Completion Affidavit was approved. APPROVE PROJECT COMPLETION AFFIDAVIT - NEAR NORTHWEST PARTNERSHIP SERVICE AREA - PROJECT NO 95-52 Mr. Leszczynski advised that Mr. Bob Allen, Public Construction Manager, has submitted the Project Completion Affidavit on behalf of Rieth Riley Construction, 25200 State Road 23, South Bend, Indiana, for the above referred to project, indicating a final cost of $37,797.30. Upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the Project Completion Affidavit was approved. APPROVAL OF PURCHASE AGREEMENT - 1021 WESTERN AVENUE - PENTECOSTAL CHURCH OF GOD IN CHRIST Mr. Leszczynski stated that the Board is in receipt of a Purchase Agreement between the City of South Bend and Pentecostal Church of God in Christ of St. Joseph County, for the sale of real property owned by the City of South Bend, most commonly known as 1021 Western Avenue. Mr. Leszczynski noted that 1021 Western Avenue was transferred to the Pentecostal Church of God in Christ, Inc., through Resolution No. 65-1995. Therefore, upon a motion made by Mrs. Manier, seconded by Mr. Caldwell and carried, the Purchase Agreement was approved and executed. APPROVAL OF PURCHASE AGREEMENT - 206 AND 210 EAST BROADWAY - FERNANDO OROZCO Mr. Leszczynski stated that the Board is in receipt of a Purchase Agreement between the City of South Bend and Mr. Fernando Orozco, for the sale of real property owned by the City of South Bend, most commonly known as 206 and 210 East Broadway. Mr. Leszczynski stated that these properties were sold to Mr. Fernando Orozco, through Resolution No. 15-1995. Therefore, upon a motion made by Mrs. Manier, seconded by Mr. Caldwell and carried, the Purchase Agreement was approved and executed. APPROVAL OF PURCHASE AGREEMENT - 537 EAST HANEY - GARY C. PETERSON Mr. Leszczynski stated that the Board is in receipt of a Purchase Agreement between the City of South Bend and Mr. Gary C. Peterson, for the sale of real property owned by the City of South Bend, most commonly known as 537 East Haney Street. Mr. Leszczynski stated that 537 East Haney was sold to Mr. Gary Peterson through Resolution No. 37-1995. Therefore, upon a motion made by Mrs. Manier, seconded by Mr. Caldwell and carried, the Purchase Agreement was approved and executed. ADOPT RESOLUTION NO. 73-1995 - TRANSFER OF REAL PROPERTY TO THE SOUTH BEND REDEVELOPMENT COMMISSION Upon a motion made by Mrs. Manier, seconded by Mr. Caldwell and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 73-1995 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE TRANSFER OF REAL PROPERTY TO THE SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, the City of South Bend, Indiana (the "City") is the owner of the following described real property situated in St. Joseph County, Indiana: (Ar;,-4r REGULAR MEETING OCTOBER 16, 1995 The North 35 feet of Lot Numbered Fifty-five (5 5) as shown on the recorded Plat of Elder Place, an Addition to the City of South Bend, recorded February 7, 1889 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 5, page 13. A part of Key No. 18-7004-0164 (hereinafter referred to as the Real Property) and; WHEREAS, pursuant to I.C. 36-9-6-3, the Board of Public Works of the City of South Bend (the 'Board") has custody of and may maintain all real property of the City of South Bend; and WHEREAS, pursuant to I.C. 36-1-11-8, the City, acting by and through the Board, may exchange or transfer property with another governmental entity upon terms and conditions agreed upon by the two (2) entities as evidenced by the adoption of substantially identical resolutions of each entity; and WHEREAS, the City, through the Board, is desirous of transferring the Real Property to the City of South Bend, for the use and benefit of its Department of Redevelopment for use in the redevelopment of the Sample -Ewing Development Area. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS FOR THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: 1. That the transfer of the Real Property situated in St. Joseph County, Indiana, and generally described as follows: The North 35 feet of Lot Numbered Fifty-five (5 5) as shown on the recorded Plat of Elder Place, an Addition to the City of South Bend, recorded February 7, 1889 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 5, page 13. A part of Key No. 18-7004-0164 by the City of South Bend, Indiana to the City of South Bend, for the use and benefit of its Department of Redevelopment for the sum of One Dollar ($1.00) shall be, and hereby is, approved. 2. That the Mayor of the City of South Bend and the South Bend City Clerk shall be, and hereby are, authorized, respectively, to execute and attest to the execution of a quitclaim deed conveying all of the right, title and interest of the City of South Bend, Indiana in and to the Real Property to the City of South Bend, for the use and benefit of its Department of Redevelopment upon the occurrence of the conditions set forth immediately above. 3. That this Resolution shall be in full force and effect upon its adoption by the Board of Public Works of the City of South Bend. ADOPTED at a meeting of the Board of Public Works of the City of South Bend held on October 16, 1995, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/John E. Leszczynski s/James R. Caldwell s/Jenny Pitts Manier ATTEST: s/Angela K. Jacob, Clerk ADOPT RESOLUTION NO. 74-1995 - TRANSFER OF REAL PROPERTY TO GLORIA DEI LUTHERAN CHURCH Upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried, the following Resolution was adopted by the Board of Public Works: REGULAR MEETING OCTOBER 16, 1995 RESOLUTION NO. 74-1995 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE TRANSFER OF A CERTAIN PARCEL OF REAL PROPERTY TO GLORIA DEI LUTHERAN CHURCH WHEREAS, the City of South Bend, Indiana, (hereinafter the "City"), is the owner of a parcel of real property situated in the City of South Bend, St. Joseph County, Indiana, and being more particularly described as follows: Key No. 18-7025-1003 Lot 80 Haney's Addition Commonly known as 228 Broadway; and WHEREAS, the care, custody and control of City -owned real estate is vested in the Board of Public Works pursuant to I.C. 36-9-6-3 and 36-1-11-1, et seq.; and WHEREAS, the Gloria Dei Lutheran Church (hereinafter "Gloria Dei"), an Indiana not -for - profit corporation meeting the requirements of I.C. 36-1-11 (a) (7), desires to obtain ownership of the above -described real estate; and WHEREAS, the use of said property for such purposes will be beneficial to the community, and the City is willing to transfer said property to Gloria Dei. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend, Indiana, as follows: 1) The City shall transfer to Gloria Dei one (1) parcel of real property more particularly described as follows: Key No. 18-7025-1003 Lot 80 Haney's Addition Commonly known as 228 Broadway; and 2) Such transfer shall be accomplished by a Quit -Claim Deed, executed by the Mayor of the City of South Bend and attested to by the South Bend City Clerk. 3) Such transfer shall be made by the City to Gloria Dei in an "as is" condition with no warranties, indemnities or representations made relative to said real property. Adopted this 16th day of October, 1995. BOARD OF PUBLIC WORKS s/John E. Leszczynski, President s/James R. Caldwell, Member s/Jenny Pitts Manier, Member ATTEST: s/Angela K. Jacob, Clerk FILING OF PETITION FOR LEASE OF OFFICE SPACE/ADOPT RESOLUTION NO. 75-1995 - PROVIDE ADDITIONAL OFFICE SPACE BY ENTERING INTO A LEASE AGREEMENT FOR THE SAME/ ADOPT RESOLUTION NO. 76-1995 - AUTHORIZING THE DIRECTOR OF ECONOMIC DEVELOPMENT TO SUBMIT A RESOLUTION FOR THE DETERMINATION BY THE SOUTH BEND COMMON COUNCIL OF THE NEED FOR ADDITIONAL OFFICE SPACE/SET PUBLIC HEARING - RENEWAL OF OFFICE FOR THE PLANNING DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT REGULAR MEETING OCTOBER 16. 1995 Mr. Leszczynski stated that the Board is in receipt of a Petition requesting the Board of Public Works to enter into a Lease Agreement for office space at 205 West Jefferson Boulevard for the City of South Bend Department of Economic Development with First Source Bank, for 1770 square feet on the 4th floor of the First Bank Building, 205 West Jefferson Boulevard, for a term of three (3) years, with a monthly rental of One Thousand Six Hundred Twenty -Two and 50/100 Dollars ($1,622.50) with an option to renew for an additional two (2) years at this same monthly rental. Upon a motion made by Mrs. Manier, seconded by Mr. Caldwell and carried, the Petition was filed. Further, upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried, the following Resolutions were adopted by the Board of Public Works: RESOLUTION NO. 75-1995 RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE DIRECTOR OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT TO SUBMIT A RESOLUTION FOR DETERMINATION BY THE SOUTH BEND COMMON COUNCIL OF THE NEED FOR ADDITIONAL OFFICE SPACE WHEREAS, the Board of Public Works of the City of South Bend, Indiana has received a petition signed by fifty (50) taxpayers of the City of South Bend, Indiana, requesting that the Board provide additional office space for the offices of the City of South Bend Department of Economic Development by entering into a lease agreement with the 1st Source Bank of South Bend, Indiana, for approximately 1770 square feet and being situated on the 4th Floor of the building known as the First Bank Building, 205 West Jefferson Boulevard, South Bend, Indiana, for a term of three (3) years, with a monthly rental of One Thousand Six Hundred Twenty -Two and 50/100 Dollars with an option to renew for an additional two (2) years at this same monthly rental; and WHEREAS, the Board has received a certificate signed by the St. Joseph County Auditor, certifying that the verifier and the signatories of the petition are taxpayers of property located within the corporate limits of the City of South Bend; and WHEREAS, I.C. 36-1-10-7(2) requires, prior to the Board's entering into such a lease agreement, that the Common Council, after investigation, determine that the structure is needed. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: 1. The Board directs and authorizes the Director of the Department of Economic Development of the City of South Bend to file with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, a form of Resolution to establish, after investigation, its determination that additional office space for the offices of the City of South Bend Department of Economic Development as described herein is needed. 2. This Resolution shall be in full force and effect from and after its passage by the Board of Public Works. Adopted at the October 16, 1995, meeting of the Board of Public Works of the City of South Bend. BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA s/John Leszczynski, President s/James R. Caldwell. Member s/Jenny Pitts Manier, Member REGULAR MEETING ATTEST: s/Angela K. Jacob, Clerk OCTOBER 16, 1995 RESOLUTION NO. 76-1995 RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA DECLARING ITS INTENT TO PROVIDE FOR ADDITIONAL OFFICE SPACE BY ENTERING INTO A LEASE AGREEMENT FOR THE SAME WHEREAS, the Board of Public Works of the City of South Bend, Indiana ("Board") has received a Petition signed by fifty (50) owners of real property of the City of South Bend, requesting that the Board provide additional office space for the offices of the City of South Bend Department of Economic Development by entering into a Lease Agreement with the 1st Source Bank of South Bend, Indiana, for approximately 1770 square feet and being situated on the 4th Floor of the building known as the First Bank Building, 205 West Jefferson Boulevard, South Bend, Indiana, for a term of three (3) years, with a monthly rental of One Thousand Six Hundred Twenty -Two and 50/100 Dollars with an option to renew for an additional two (2) years at this same monthly rental; and WHEREAS, the Board has received a certificate signed by the St. Joseph County Auditor certifying that the verifier and the signatories of the Petition are tax payers of real property located within the corporate limits of the City of South Bend; and WHEREAS, pursuant to IC 36-1-10-7 (2), on October 23, 1995, the South Bend Common Council, after investigation, will consider a resolution concerning the need to lease said office space under the terms of the Lease; and WHEREAS, Lessor has filed its proposed Lease for office space to be leased, with the Board this day, pursuant to IC 3 6-1-10; and WHEREAS, the Board deems it advisable and in the best interests of the citizens and the City of South Bend to provide additional office space for the offices of the City of South Bend Department of Economic Development by leasing said office space pursuant to the terms of said Lease. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. That subject to the approval of the Common Council of the City of South Bend, the Board shall provide additional office space for the offices of the City of South Bend Department of. Economic Development by leasing approximately 1770 square feet situated on the 4th Floor of the building known as the First Bank Building, 205 West Jefferson Boulevard, South Bend, St. Joseph County, by Lease the Ist Source Bank, pursuant to a Lease Agreement (Lease) proposed to and filed with the Board this day, which Lease is incorporated herein by reference and made a part of this Resolution as fully as if set forth herein and the terms and conditions of which the Board hereby approves and accepts, subject to all requirements of IC 36-1-10: Provided, however, that the total monthly rent shall not exceed One Thousand Six Hundred Twenty -Two and 50/100 Dollars ($1,622.50). Section II. The Board hereby fixes Monday, October 30, 1995, at 9:30 a.m. at 1308 County City Building, South Bend, Indiana, as the date, time, and place when the Board will: (a) Hold a hearing pursuant to IC 36-1-10-13, where all persons are entitled to be heard as to whether the execution of the proposed Lease is necessary and whether the rental is fair and reasonable for the proposed structure; (b) Modify, confirm, or rescind the proposed Lease; © Take final action by determining the public utility and benefit of the proposed Lease and by confirming, modifying, or rescinding this Resolution; and (d) Take any and all other necessary and proper actions. Section III. The Clerk of the Board is instructed to give notice of the adoption of this resolution and hearing on the proposed Lease, by publication in the South Bend Tribune and Tri-County News, newspapers of general circulation published in the City of South Bend, with such notice as to be published one (1) time and to occur at least ten (10) days before the date of the hearing. The cost of the publication of the notice described in this section shall be paid by the 1st Source Bank, as required by I.C. 36-1-10-13 (a). The notice must state the date, place, and hour of the hearing and provide a summary of the principal terms of the Lease, the name of the proposed Lessor, the location and character of the structure to be leased, the rent to paid, and the number of years the Lease is to be in effect. Adopted on the 16th day of October, 1995, by the Board of Public Works of the City of South Bend, Indiana. BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA s/John Leszczynski, President s/James R. Caldwell, Member s/Jenny Pitts Manier, Member ATTEST: s/Angela K. Jacob APPROVE CONSENT TO ANNEXATION AND WAIVER OF RIGHTS TO REMONSTRATE Mr. Leszczynski stated that the Board is in receipt of a Consent to Annexation and Waiver of Right to Remonstrate as submitted by Mr. James R. Kuehl. The Consent indicates that in consideration for permission to tap into the public sanitary sewer system of the City, to provide water service to Lot 3 Dugdale Acres, South Bend, Indiana, (Key # 02-2151-6959), Mr. Kuehl waives and releases any and all right to remonstrate against or oppose any pending or future annexation of the property by the City of South Bend. Therefore, Mrs. Manier made a motion that the Consent be approved. Mr. Caldwell seconded the motion which carried. APPROVE CONSENT TO ANNEXATION AND WAIVER OF RIGHTS TO REMONSTRATE Mr. Leszczynski stated that the Board is in receipt of a Consent to Annexation and Waiver of Right to Remonstrate as submitted by Myrle and Betty Rowley. The Consent indicates that in consideration for permission to tap into the public sanitary sewer system of the City, to provide water service to 17126 Linda, South Bend, Indiana, (Key # 02-2061-2061-2617), the Rowley's 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, Mrs. Manier made a motion that the Consent be approved. Mr. Caldwell seconded the motion which carried. APPROVAL OF RECOMMENDATION - TO CONDUCT "DOWNTOWN FOR THE HOLIDAYS" Mr. Leszczynski stated that favorable recommendations have been received by the Division of Engineering, Park Department, Police Department and the City Attorney's office, in reference to a request as submitted by Ms. Rebecca Jasinski, Events Coordinator, Community Affairs, to conduct the above referred to event, on Friday, Saturday, and Sunday, December 1, 2, and 3, 1995, from 5:00 p.m. until 6:30 p.m. on Friday; 9:00 a.m. until 10:00 a.m. on Saturday; and Sunday afternoon, on Michigan Street, in front of State Theater between Jefferson and Wayne on Friday and Saturday, and Howard Park Ice Rink on Sunday. Therefore, upon a motion made by Mrs. Manier, seconded by Mr. Caldwell and carried, the recommendation was approved. REGULAR MEETING OCTOBER 16. 1995 APPROVAL OF RECOMMENDATION TO ENCROACH ONTO PUBLIC RIGHT-OF-WAY - TO INSTALL AWNINGS AT ADAMS/REMCO - WASHINGTON AND MAIN STREETS Mr. Leszczynski advised that 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 awnings by Adams Remco at Washington and Main Streets, subject to an Indemnification and Hold Harmless Undertaking. Further, it is to be noted that the Division of Engineering visited the site, surveyed the property and found the awnings will encroach into the public right-of-way by three (3) feet. The encroachment of three (3) feet will be on Washington and Main Street respectively. Upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried, the recommendation was approved. APPROVE LICENSE APPLICATIONS - PUBLIC PARKING FACILITY Upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried, the following license applications were approved: Memorial Home Care Memorial Home Care 707 North Michigan Street 621 Memorial Drive South Bend, Indiana South Bend, Indiana The above licence applications were approved and referred to the Deputy Controller's Office for issuance of licenses. It was noted that the required Proof of Insurance as well as the hours and rates to be charged were attached to the applications. APPROVE CLAIMS Mr. Kevin Horton, City Controller, submitted claims in the amount of $1,430,052.39 and recommended approval. Mr. Leszczynski made a motion that the claims be approved and the reports as submitted be filed. Mrs. Manier seconded the motion which carried. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr.. Leszczynski, seconded by Mr. Caldwell and carried, the meeting adjourned at 9:50 a.m. BOARD OF PUBLIC WORKS 4ohn "ELeszc�zynskr, r &-dent James R. Caldwell, Member nny Pi Manier, Member ATTEST: - OAI6,� — — 61 Angela W Jacob, Cle