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HomeMy WebLinkAbout09/15/75 Board of Public Works MinutesM REGULAR MEETING S'EPTEMBER 15, 1975 A regular meeting of the Board of Public Works was convened at 9:30 a.m. on Monday, September 15, 1975 by Chairman Rollin Farrand with Mr. Barcome and Mr. Seitz present. Deputy City Attorney Kathleen Cekanski was also present. Minutes of the previous meeting were reviewed and approved. AGREEMENT OF EASEMEI T�_ PLACE AND COMPANY, INC. The Board received an Agreement of Easement between Place and Company, Inc. and the City of South Bend. This Agreement is a correction of the Agreement recorded September 26, 1974, Book 792, Page 222. Miss Cekanski explained to the Board that there was an error in the legal description, which .has now been corrected, and it is necessary to have it recorded. The legal description is as follows: Beginning at a point 270.8 feet east of the northwest corner of the Southeast Quarter of the Southeast Quarter of Section 30, Township 37 North, Range 3 East, as measured along the north line of said quarter -quarter section, this point of beginning being also the northeast corner of the plat of Garden Quarter Section "A", thence south Oo 01' east 150.0 feet; thence east 14.0 feet; thence north Oo 01' west 150.O feet; thence west 14.0 feet to the point of begin- ning. Upon motion made, seconded and carried, the Board approved the Agreement of Easement with Place and Company, Inc. BID AWARDED - SALE OF ABANDONED VEHICLES r-i The Board received a recommendation from Michael Carrington, Director of the Department of Public Safety, to award the sale of 112 abandoned vehicles to Steve & Gene's Auto Salvage at a price of $36.50 per car for a total of $4,088.00. Upon motion made, seconded and carried, the Board approved the recommendation and awarded the bid to Steve & Gene's Auto Salvage, subject to receipt of their check in the amount of $4,088.00. REMODELING OF 12th, 13th and 1%th FLOORS CONTRACT AND PERFORMANCE BOND The Contract with G.R. Nunemaker Construction for the remodeling of the 12th, 13th and 14th floors of the County -City Building, at a total price of $14,500.00, was submitted to the Board. Upon motion made, seconded and carried, the contract was approved. The Performance Bond for the project was received and filed with the Board. AMENDMENT NO. 1 & 2 APPROVED - TEAMSTERS AND BUREAU OF STREETS The Board received Amendment No. 1 & 2 to the Agreement between the Teamsters and the Bureau of Streets, Municipal Services, Bureau of Traffic and the Bureau of Cemeteries with a recommendation from James A. Roemer, City Attorney, that the amendments could be approved. Upon motion made, seconded and carried, the Board approved the amendments. REPORT - ALLEYS BETWEEN IRVINGTON AND VICTORIA Rollin E. Farrand, Director of the Department of Public Works, submitted to the Board a copy of a letter sent to Bernard Witszak. Mr. Witszak had requested, through Councilman Kopczynski, the opening of the east -west alleys between Irvington and Victoria, east of Kaley. Mr. Farrand noted that the northern most of these locations would require the removal of some tree cover if opened, and the southern most of these would pose a potential drainage problem as well as possible damage to property owner improvements. He informed Mr. Witszak that construction for streets and alleys is a developer or property owner reponsibility and this could be accomplished as a Barrett Law project. Upon motion made, seconded and carried, the report was ordered filed. mi REGULAR MEETING SEPTEMBER 15, 1975 REPORT - 2715 IRVINGTON STREET . In response to a complaint received regarding trash, junk and high weeds at 2715 Irvington Street, Mr. Farrand reported to the Board that an on -site investigation was made in conjunction with the Bureau of Environmental Protection. That Bureau is initiating the procedures as specified by City Ordinance to alleviate nuisances of this nature. Upon motion made, seconded and carried, the report was ordered filed. LETTER FROM JANE SWAN - RE: WEEDS CUT The Board of Public Works received a letter from Jane Swan on behalf of the residents of Swygart Street. The letter thanked the Board and a special thank you to Mrs. Pat DeClercq, for their efforts in having the weeds cut behind their houses. The weeds presented a traffic hazard, but now that the weeds are cut the residents can now pull safely into Donald Street. It also helped the problem that occured when people dumped their trash and garbage into the weeds. Upon motion made, seconded and carried, the letter was ordered filed. TRAFFIC CONTROL DEVICES APPROVED The Bureau of Traffic and Lighting recommended the approval of�the following traffic control devices: Installation of stop sign on Hampshire at Gotham Removal of 30 minute parking limit at 734 East Broadway Upon motion made, seconded and carried, the Board approved both traffic control devices. PROJECT COMPLETION AFFIDAVIT - INWOOD-DENSLOW STREET IMPROVEMENTS The Project Completion Affidavit for the Inwood-Denslow Street Improvements was submitted to the Board. Upon motion made, seconded and carried, the Project Completion Affidavit was approved. ELWOOD AVE. SIDEWALK & CURB IMPROVEMENTS - CONTRACT & PERFORMANCE BOND The Contract with Batteast Construction Company, Inc. for the Elwood Avenue Sidewalk & Curb Improvements, at a total price of $13,674.25, was submitted to the Board. Upon motion made, seconded and carried, the contract was approved. The Performance Bond for the project was received and filed with the Board. RESOLUTION NO. 26 ADOPTED - SALE OF CITY -OWNED REAL ESTATE Upon motion made, seconded and carried, the following Resolution was adopted: RESOLUTION NO. 26, 1975 WHEREAS, the Board of Public Works of the City of South Bend has compiled a detailed inventory -of all real property owned by the City of South Bend, Indiana, pursuant to Section 30 A-1 of the Municipal Code of the City of South Bend; and WHEREAS, the Board of Public Works has reviewed said inventory of real property and now finds that certain of the parcels of real estate now owned by the City are not necessary to the public use and are not set aside by state or city law for public purposes pursuant to Section 30 A-2 of the Municipal Code of the City of South Bend; and WHEREAS, the Board of Public Works now wishes to take the necessary action to make it possible for the Board, in the future, to sell said parcels of real estate pursuant to Chapter 30 A of the Municipal Code of the City of South Bend, REGULAR MEETING SEPTEMBER 15, 1975 NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works.of the City of South Bend, Indiana: 1. That the parcels of real estate owned by the city contained in the following list are now necessary to the public use and are not set aside by state or city law for public purposes: STREET ADDRESS DEED NO. 331 Kunstman Court 853 2. That this resolution shall immediately upon its adoption be submitted to the Common Council of the City of South Bend pursuant to Section 30 A-2 of:the Municipal Code of the City of South Bend. Adopted this 15th day of September, 1975. BOARD OF PUBLIC WORKS s/ Rollin E. Farrand s/ James V. Barcome s/ James R. Seitz ATTEST: r-4 s/ Patricia DeClercq, Clerk, Board of Public Works PETITION TO VACATE STREETS AND ALLEYS - S. B. PARK DEPARTMENT James R. Seitz, on behalf of the South Bend Park Department, file their petition to vacate all the alleys and streets (Paris & Elder) . in the area bounded by the first alley south of Keasey Street; first alley west of Carroll Street; first alley north of Pennsylvania Street; and the first alley east of Michigan Street. Upon motion made, seconded and carried, the petition was filed and referred to the Bureau of Design and Administration for preliminary review and recommendation. VACATION RESOLUTION NO. 3419, 1975 ADOPTED Upon motion made, seconded and carried, the following Resolution was adopted: VACATION RESOLUTION NO. 3419, 1975 RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, That it is desirable to vacate the following: A part of Section 12, Township 37 North, Range 2 East, City of South Bend, St. Joseph County, Indiana, described as follows: Beginning at the intersection of the north boundary of Monroe Street with the east boundary of Michigan Street; thence North 0 degrees 29 minutes 07 seconds West 902.36 feet along said east boundary to the south boundary of Wayne Street; thence North 89 degrees 38 minutes 12 seconds East 299.63 feet along said south boundary; thence Northeasterly 276.71 feet along an arc to the left having a radius of 912.43 feet and subtended by a long chord having a bearing of North 8 degrees 16 minutes 20 seconds East and a length of 275.65 feet; thence North 89 degrees 39 minutes 34 seconds East 1.25 feet; thence North 0 degrees 24 minutes 52 seconds West 220.20 feet to the south boundary of Jefferson Boule- vard; thence South 89 degrees 39 minutes 34 seconds West 11.25 feet along said south boundary; thence North 0 degrees 24 minutes 52 seconds West 280.52 feet to the north line of Lot #38 of Part of the Original Plat of South Bend; thence South 89 degrees 37 minutes 39 seconds West 167.52 feet to the northeast corner of Lot #43 of said Plat; thence North 0 degrees 27 minutes 0 seconds West 294.60 feet to the north boundary of Washington Street; thence South 89 REGULAR MEETING SEPTEMBER 15, 1975 degrees 39 minutes 34 seconds West 164.86 feet along said north boundary to the east boundary of .Michigan Street; thence North 0 degrees 28 minutes 59 seconds West 904.10 feet along said east boundary to .the south boundary of LaSalle Avenue; thence North 89 degrees 34 minutes 43 seconds East 157.41 feet along said south boundary to the west mean low water mark of St. Joseph River; thence South 23 degrees 11 minutes 03 seconds East 270.93 feet along said mean low water mark; thence Southeasterly 93.33 feet along an arc to the right having a radius of 328.98 feet and subtended by a long chord having a bearing of South 28 degrees 32 minutes 30 seconds East and a length of 93.02 feet; thence South 20 degrees 24 minutes 52 seconds East 67.15 feet; thence South 46 degrees 51 minutes 34 seconds East 23.82 feet to the west mean low water mark of St. Joseph River; thence South 62 degrees 28 minutes 52 seconds East 176.53 feet along said mean low water mark; thence South 9 degrees 52 minutes 35 seconds East 83.94 feet along said mean low water mark to the eastern face of the Old Oliver Power House Building; thence South 43 degrees 42 minutes 58 seconds East 57.60 feet along said eastern face; thence North 46 degrees 17 minutes 07 seconds East 10.75 feet along said eastern face; thence South 43 degrees 42 minutes 57 seconds East 34.20 feet along said eastern face; thence South 46 degrees 17 minutes 07 seconds west 10.75 feet along said eastern face; thence South 43 degrees 33 minutes 20 seconds East 178.20 feet along said eastern face to the eastern face of a retaining wall; thence the next 13 courses along said retaining wall; North 47 degrees 27 minutes 27 seconds East 24.41 feet; thence South 49 degrees 22 minutes 56 seconds East 38.49 feet; thence South 39 degrees 29 minutes 25 seconds East 64.38 feet; thence South 5 degrees 54 minutes 56 seconds West 45.54 feet; thence South 21 degrees 32 minutes 20 seconds West 27.47 feet; thence South 45 degrees 20 minutes 16 seconds East 17.27 feet; thence South 79 degrees 25 minutes 42 seconds East 29.70 feet; thence South 41 degrees 39 minutes 18 seconds East 113.40 feet; thence South 33 degrees 13 minutes 45 seconds West 74.66 feet; thence North 50 degrees 41 minutes 02 seconds West 134.06 feet; thence North 44 degrees 53 minutes 14 seconds West 122.42 feet; thence Northeasterly 117.81 feet along an arc to the right having a radius of 75.00 feet and subtended by a chord having a bearing of North 1 degree 17 minutes 03 seconds East and a length of 106.07 feet; thence North 46 degrees 16 minutes 27 seconds East 6.20 feet to the Western face of the Old Oliver Power House Building; thence North 43 degrees 41 minutes 56 seconds West 250.79 feet along said western face to a retaining wall along the western side of the West Race of St. Joseph River; .thence the next 8 courses along said retaining wall: South 51 degrees 28 minutes 27 seconds West 22.70 feet; thence South 42 degrees 29 minutes 03 seconds East 17.39 feet; thence South 34 degrees 46 minutes 56 seconds West 2.91 feet; thence South 14 degrees 27 minutes 36 seconds East 89.87 feet; thence South 46 degrees 48 minutes 33 seconds West 93.84 feet; thence South 42 degrees 04 minutes 22 seconds East 62.17 feet; thence South 48 degrees 02 minutes 48 seconds West 15.03 feet; thence Southeasterly along said wall 450.61 feet along a curvature to the left and subtended by a long chord having a bearing of South 45 degrees 04 minutes 06 seconds East and a length of 448.82 feet to the mean low water mark of the St. Joseph River; thence South 71 degrees 30 minutes 02 seconds East 124.87 feet along said mean low water mark; thence South 60 degrees 55 minutes 27 seconds East 146.45 feet along said mean low water mark; thence South 42 degrees 27 minutes 53 seconds East 129.18 feet along said mean low water mark; thence South 74 degrees 24 minutes 32 seconds East 111.26 feet along said mean low water mark to the north boundary of Jefferson Boulevard; thence South 89 degrees 40 minutes 07 seconds West 50.81 feet along said north boundary; thence South 25 degrees 32 minutes 47 seconds East 91.19 feet to the intersection of the south boundary of Jefferson Boule- vard with the west mean low water mark of St. Joseph River; thence the next 11 courses along said low water mark; South 28 degrees 59 minutes 50 seconds East 145.12 feet; thence South 23 degrees 06 minutes 10 seconds East 140.73 feet; thence South 26 degrees 26 minutes 27 seconds East 149.84 feet; thence South 20 degrees 04 minutes 37 seconds East 152.26 feet; thence South 22 degrees 53 minutes 19 seconds East 167.55 feet; thence REGULAR MEETING S'EPTEMBER 15, 1975 South 34 degrees 56 minutes 19 seconds East 224.42 feet; thence South 31 degrees 26 minutes 14 seconds East 157.37 feet; thence South 45 degrees 43 minutes 32 seconds East 161.61 feet; thence South 64 degrees 47 minutes 26 seconds East 159.34 feet; thence South 68 degrees 04 minutes 55 seconds East 228.93 feet; thence South 76 degrees 10 minutes 38 seconds East 234.62 feet to the northwestern boundary of Monroe Street; thence South 52 degrees 07 minutes 42 seconds West 399.68 feet along said northwestern boundary; thence South.42 degrees 20 minutes 49 seconds East 52.16 feet to the Southeastern boundary of Monroe Street; thence South 52 degrees 07 minutes 42 seconds West 13.30 feet;al:ong. said :.southeastern boundary to the northwestern boundary of Lincolnway East; thence South 38 degrees 23 minutes 20 seconds East 37.01 feet along said northeastern boundary; thence South 52 degrees 13 minutes 08 seconds West 60.00 feet to the Southwestern boundary of Lincolnway East; thence North 50 degrees 23 minutes 26 seconds West 59.12 feet; thence Northwesterly 78.69 feet along an arc to the left having a radius of 531.71 feet and subtended by a long chord having a bearing of North 42 degrees 0 minutes 36 seconds West and a length of 78.62 feet to the center line of Monroe Street; thence South 89 degrees 42 minutes 19 seconds West 70.45 feet along said center line;:thence Northwesterly 61.21 feet along an arc to the left having a radius of 50.00 feet and subtended by a long chord having a bearing of North 55 degrees 14 minutes 41 seconds West and a length of 57.46 feet to the north boundary of Monroe Street; thence South 89 degrees 42 minutes 19 seconds West 360.27 feet along said north boundary to the east boundary of Fellows Street; thence North 0 degrees 31 minutes 40 seconds West 166.54 feet along said east boundary to the north boundary of Monroe Street; thence South 89 degrees 38 minutes 42 seconds West 1,526.12 feet along said north boundary to the point of beginning and containing 64,566 acres, more or less. Also the remaining portion of Lot 1-15 of the South Bend Manufacturing Company, which lies outside the above described boundary. Reserving the rights and easements of all Utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right of way, unless such rights are released by the individual Utilities. The following property may be injuriously or beneficially affected by such vacation: Original Plat of South Bend: Lots 4-6, 91, 76, 13-18, 78-84 86, 89, 37-46, 71, 102, 101, 104-106, 47-58, 59-70, 77, 331- 336, 109, 295-300, 307-318, 319-330, 337-348, & 349-354.. South Bend Manufacturing Company's Subdivision: Lots 1-15 & 17-28. 1 All of Vinson's Subdivision of Lot "J". All of Wiltrout's Subdivision of the south part of Lot 109 in the Original Plat of South Bend. Martin's Addition to South Bend: Lots 1-6 & 13-18. Taylor's Field Addition to the City of South Bend: Lots 1-8 & 41-56. Denniston & Fellows Addition: Lots 1-20. All of Riverside Terrace. All of St. Joseph County Loan & Savings Association Plat. George R. Hudson's Subdivision of part of Lots 19 & 20 of Denniston & Fellows Addition: Lots 1-7. REGULAR MEETING SEPTMBER 15, 1975 Moses Stern's Subdivision,,of part of Lots 19 & 20 of Denniston &Fellows Addition: Lots 1-4. All of D.. C. Rush's Subdivision of Lot Number 1 of John Rush'.s 1st Addition. John Rush's lst Addition: Lots 2-4 & 11-21. Andrew Fuerbringer's Additions Lots 1-6. Edgewater Place Addition: Lots 70-74, 59-63, & 30-32. Also a tract of land in the Southeast Quarter (SE 4) of Section Twelve, Township Thirty -Seven North, Range Two East (12-T37N-R2E), described to -wit: Beginning on the most southwesterly point of St. Joseph's County Loan and Savings Association Plat; thence along the southerly line of said addition to its most southeasterly corner; thence in a north- westerly direction along the northeasterly line of said addition to the low water mark of the St. Joseph River; thence downstream in a".southeasterly direction along said low water mark to the most northeasterly corner of Edgewater Place Addition; thence southwesterly along the northerly line of said addition to the most northwesterly corner of Edgewater Place; thence further in a southwesterly direction along the northerly line of Fuerbringer Addition to a point on the easterly line of Lincolnway East (Vistula Road); thence in a northwesterly direction along said easterly line to a point of beginning. All in Portage Township, St. Joseph County, Indiana. Notice of this Resolution shall be published on the 19th and 26th days of September, 1975, in the South Bend Tribune and in the Tri-County News. This Board, at its office, on the 13th day of October, 1975, at 9:30 o'clock a.m., will hear and receive remonstrances from all persons interested in or affected by these proceedings. Adopted this 15th day of September, 1975. BOARD OF PUBLIC WORKS s/ Rollin E. Farrand s/ James R. Seitz s/ James V. Barcome A T T E S T: s/ Patricia DeClercq (mp) Clerk BOND RELEASED - WENGER ELECTRIC COMPANY, INC. A request was received to release the Excavation Bond of the Wenger Electric Company, Inc. Ray S. Andrysiak, Bureau of Engineering, advised the Board that the bond could be released. Upon motion made, seconded and carried, the bond was released effective September 20, 1975. BOND APPROVED - PAUL ELLIOTT Ray S. Andrysiak, Bureau of Engineering, reported to the Board that a Contractor's Bond for Paul Elliott had been submitted in proper form and could be approved. Upon motion made, seconded and carried, the bond was approved to September 12, 1976. REGULAR MEETING SEPTEMBER 15, 1975 m UTILITY AGREEMENTS - PORTAGE, WOODLAWN, HAMILTON & WILBER INTERSECTION The Board received Utility Agreements with Valley Cable Vision, Indiana Bell Telephone, South Bend Water Works, Indiana & Michigan Electric Company and Northern Indiana Public Service Company for the intersection of Portage Avenue, Woodlawn Avenue, Hamilton Avenue and Wilber Street. Upon motion made, seconded and carried, the Board approved the Utility Agreements. APPROVAL OF RIVER BEND APPLICATION Douglas Simpson, River Bend Plaza, submitted to the Board an applica- tion from Samuel Shapiro for a chess exhibition on the Plaza on September 27, 1975 from 1:OO to 5:00 p.m. Upon motion made, seconded and carried, the application was approved. STREET LIGHT OUTAGE REPORT FILED The Street Light Outage Report for the period of September 3 through 11 was received. Upon motion made, seconded and carried, the report was ordered filed. Councilman Terry S. Miller was present and called to the attention of the Board that a number of street lights are out on Sunnyside between Jefferson and Chester. He stated that they have been out for a long period of time. The Board instructed the Clerk to report the lights r-d out at that location. REQUEST - UNITED WAY CAMPAIGN KICK-OFF The Board received and read the following letter: Board of Public Works County -City Building South Bend, Indiana 46601 Dear Sirs: The United Way of St. Joseph County is planning its 1975 campaign drive kick-off for September 30, 1975 at 9:00 a.m. on River Bend Plaza, South Bend. The program will consist of the 30 member Fife and Drum Corps, six cars from the Studebaker Car Club, approximately 200 people, a stage and the landing and take -off of one or two helicopters. Arrangements have already been made for use of the Park and Recreation stage and sound system and arrangements have been cleared with the River Bend Plaza office, City Police and Traffic Departments. The attached map indicates the planned area usage. The area in question is the block of River Bend Plaza between Washington and Colfax. The landing area for the helicopter would be the Washington end of the Plaza on a 50 x 50 foot roped off area. The helicopter approach would be from the east which is completely open and will not involve flying over the crowd of people. These plans have been tenatively accepted by the police, traffic and parking departments and River Bend Plaza pending your approval. A flight plan and application for approval is being made to the Federal Aviation Authority. For the period of , hour we are requesting the closing of one lane of Washington between St. Joseph Street and the Plaza to park the Studebaker cars before they are driven on to the Plaza. We are also requesting the change of street designation of the Plaza block between Washington and Colfax to "UNITED WAY" with appropriate proclamation by the Mayor for the period beginning September 30 and ending October 22, 1975. ME REGULAR.MEETING SEPTEMBER 15, 1975 We appreciate your consideration of these plans and look forward to your support. Sincerely, s/ Ronald J. Jaicomo Communications Committee Chairman RJJ/le attachment Upon motion made, seconded and carried, the Board approved the requests of the United Way for their campaign kick-off, subject to their securing Federal Aviation Authority approval for the helicopter landing. REQUEST VALIDATED FREE PARKING ON MICHIGAN STREET The Board received and read the following letter: To: Board of Public Works Mr. Rollin Farrand From: Terry S. Miller Re: Michigan Street Parking I would urge the Board to again consider validated free -parking on Michigan Street. With the decision to forego mall construction this year and with the completion of the summer schedule of events, I feel during the upcoming selling season South Bend can provide some additional surface parking. I would recommend up to three hours of parking using a validation ticket to prevent use of the spaces by employees. This could be serviced with CETA employee slots. The Board informed Councilman Miller that there has been parking in the block between Washington and Colfax for about six weeks. Councilman Miller suggested that parking be validated in both blocks of Michigan Street. Upon motion made, seconded and carried, the Board directed Mr. Farrand to proceed with the Councilman's suggestion to have parking validated in both blocks of Michigan Street. LETTER FROM COUNCILMAN MILLER - RE: TRAIN WHISTLES The Board received and read the following letter: To: Board of Public Works Rollin Farrand From: Terry S. Miller Re: Train Whistles The Indiana Public Service Commission has exempted many of the rail- road.crossings in Mishawaka from the state whistle blowing law. As you know, South Bend has passed an ordinance and the commission has approved this exemption only for crossings on the Grank Trunk. The precedent in Mishawaka would indicate that South Bend would have a good chance to have additional guarded crossings on the Penn -Central exempted from the state law. Would the Board request that the necessary survey of crossings and preparation of ordinances be begun for guarded Penn -Central crossings. Upon motion made, seconded and carried, the Board referred this request to the Bureau of Traffic and Lighting for review and recommendation. M REGULAR MEETING SEPTEMBER 15, 1975 1 COMPLAINT - CUL-DE-SAC Councilman Terry Miller brought to the attention of the Board a leak in a sewer in a cul-de-sac in the area of Stratford Place and Gibson. He suggested that the Park Department put in wood chips and he said the neighbors would agree to put in trees. Mr. Seitz said he would investigate the area and report back to the Board. NO BOARD MEETING NEXT WEEK It was noted that two members of the Board of Public Works will be out of the City September 22 so the Board meeting scheduled for that date will be cancelled. There being no further business to come before the Board, upon motion made, seconded and carried, the meeting adjourned at 10:30 a.m. In the absence of Patricia DeClercq, Clerk of the Board of Public Works, I, Maryrose Putz, am assuming all responsibility for the Board of Public Works meeting for September 15, 1975. ATTEST: Patricia DeClercq, Clerk J�112 �_2 L. 7 R. Seit2