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HomeMy WebLinkAbout06/10/74 Board of Public Works MinutesREGULAR MEETING JUNE 10, 1974 A regular meeting of the Board of Public Works convened at 5:30 a.m. on Monday, June 10 with all members present. Deputy City Attorney Kathleen Cekanski was also present. Minutes of the previous meetings were reviewed and approved. OPENING OF BIDS - YOUTH SERVICES BUREAU VAN This was the date set for receiving bids for the Youth Services Bureau Van. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri-County News which were found to be sufficient. There were no bids received. Mr. James Meehan, Director of Vehicle Maintenance, was present and was.advised that the purchase could now be negotiated within the limits of the funds appropriated for the purchase. OPENING OF BIDS - SALE OF FIRE APPARATUS This was the date set for receiving bids for the sale of the Fire Department Tractor. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri-County News which were found to be sufficient. There were no bids received. CD PUBLIC HEARING ON ASSESSMENT ROLL - VACATION RESOLUTION NO. 3398 C� This being the date set, hearing was held on the Assessment Roll for Vacation Resolution No. 3398 for the vacation of a portion of Chippewa Avenue from the West line of Miami Hills Addition southwest and west a distance of 865.07 feet. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri-County News on May 10, 17 and 24 which were found to be sufficient. No remonstrators appeared and no written remonstrances having been received, upon motion made, seconded and carried, the Assessment Roll showing no net damages and no net benefits was approved as adopted and said resolution is in all things ratified and confirmed and said proceedings closed. PUBLIC HEARING ON ASSESSMENT ROLL - VACATION RESOLUTION NO. 3399 This being the date set, hearing was held on the Assessment Roll for Vacation Resolution No. 3399 for the vacation of a 14" alley extending from the north line of Mishawaka Avenue north along and immediately west of the west line of Lot ,715 in Whitcomb & Keller's Sunnymede Third Addition to northwesterly corner of said Lot 715. Thence northeasterly along and immediately northerly of the northerly line of Lot Nos. 715, 716, 717, 718, 719, 720 and 721 in said addition to the northeast corner of said Lot 721 and the west line of the first north -south alley. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri-County News on May 10, 17 and 24, 1974 which were found to be sufficient. No remonstrators appeared and no written remonstrances having been filed, the Assessment Roll showing no net damages and no net benefits was approved as adopted and said resolution is in all things ratified and confirmed and said proceedings closed. REQUEST FOR BLOCK PARTY - NORTH ADAMS STREET Mrs. George Filchak was present and submitted to the Board a request for a block party to be held in the 1700 block of North Adams Street on June 28 from 6:00 p.m. to 10:00 p.m. Upon motion made, seconded and carried, the request was referred to the Bureau of Traffic and Lighting for review and recommendation. APPROVAL FOR ISAIAH STEED TO ATTEND CONFERENCE The Board received a request from Isaiah Steed, Director of the Sub - Standard Building Department, to attend a BOCA Conference on June 9 through 14 in Detroit, Michigan. Upon motion made, seconded and carried, the request was approved. REQUEST FOR PARADE RIDGEDALE PRESBYTERIAN CHURCH The Ridgedale Presbyterian Church requested permission to hold a parade in conjunction with their Bible School opening on Saturday, June 22 from 1:00 to 3:00 p.m. The Board referred the request to the Bureau of Traffic and Lighting for review and recommendation. COMPLAINT RE: INTERSECTION OF GARST AND MICHIGAN The Board received a letter from Bob Berta calling attention to the dangerous condition at the intersection of Garst and Michigan Streets. Mr. Berta said there have been several accidents at the intersection and he asked that a traffic signal be .installed. Upon motion made, seconded and carried, the request was referred to the Bureau of Traffic and Lighting for review and recommendation. APPROVAL OF TRAFFIC CONTROL DEVICES The Bureau of Traffic and Lighting recommended installation of the following traffic control devices: A. Yield Sign on the east approach of Navarre at Portage. Upon motion made, seconded and carried, the installation was approved. B. 30 Minute Parking Zone at 2920 West Western Avenue, to provide turnover in parking for grocery store at that location. Upon motion made, seconded and carried, the installation was approved. CERTIFICATE OF INSURANCE FILED A Certificate of Insurance for Mott, Inc., a sub -contractor for Woodruff & Sons for the Airport Industrial Park, Phase III project, was received by the Board. Upon motion made, seconded and carried, the certificate was ordered filed. REPORT FROM INDIANA STATE HIGHWAY DEPARTMENT RE: COOPER BRIDGE A complaint regarding lane markings and guard rails on the Cooper Bridge had been forwarded by the Board to the Indiana State Highway Department. A copy of a letter was sent to the Board from L. E. Lucas, District Engineer, informing them that his office had investigated the conditions with Clem Hazinski, Manager of the Bureau of Traffic and Lighting. Signs and a guard rail were installed and lane markings were repainted. Upon motion made, seconded and carried, the letter was ordered filed. REQUEST FOR TENT SALE APPROVED The Board received a request from Honda of Michiana to hold a Tent Sale on June 14, 15 and 16 at 4035 South Michigan Street. Upon motion made, seconded and carried, the Board approved the request subject to their complying with Fire Department and Building Department requirements. CONTRACT AND RESOLUTION RE: PURCHASE OF TURNER PROPERTY The Board received a Resolution of the Board of Directors of Landmark of Indiana, Inc. and a Purchase Agreement for the sale the American Turner property at Michigan and Marion Streets. The Resolution was read as follows: CERTIFIED COPY OF RESOLUTION OF DIRECTORS I, M. Maureen Conboy, Secretary of Landmark of Indiana, Inc., hereby certify that the following is a true and correct copy of a resolution unanimously adopted at a special meeting of the Boar.d,of Directors of Landmark of Indiana, Inc., held at its offices in South Bend, Indiana, on July 24th, 1973, and that said resolution is in full force and effect and has not been revoked. REGULAR MEETING JUNE 10, 1974 Resolved, that the President of Landmark of Indiana is hereby authorized and empowered to enter into, make, execute and deliver in the name and on behalf of Landmark of Indiana, Inc., any contract, agreement, conveyance or other instrument pertaining to the sale, purchase or lease of real estate without further act or resolution of this Board, and that the secretary is hereby authorized and directed to attach the corporate seal thereto and to attest the same by her signature. IN WITNESS WHEREOF, said corporation has caused this certificate to be signed by its president and its secretary, and its corporate seal to be hereto affixed, this 24th day of July, 1973. LANDMARK OF INDIANA, INC. sl James P. Conboy, Jr., President s/ M. Maureen Conboy, Secretary The resolution was properly notarized. Mr. Farrand explained to the Board that this property was being made available to the City at a very attractive price and they felt an offer to purchase it should be made since it appears real estate values in the area will be going up. Upon motion made, seconded and carried, the following agreement was approved and will be submitted to the Common Council: PURCHASE AGREEMENT This Agreement entered into this loth day of June, 1974, by and between Landmark of Indiana, Inc., hereinafter referred to as Landmark, and the Civil City of South Bend, a municipal corporation of the State of Indiana, hereinafter referred to as City. WITNESSETH: WHEREAS, Landmark is party to a contract with American Turners of South Bend for the purchase of the hereinafter described real estate; and WHEREAS, the City will, in the near future, undertake the construction of a connector between Michigan and Main Streets in South Bend, Indiana in the vicinity of Marion Street and will in such construction require a taking of a portion of said real estate; and WHEREAS, the parties hereto have by means of appraisals established a fair market value of said real estate and have agreed upon a selling price for the same; and WHEREAS, Landmark has incurred expenses in the negotiation of the purchase of said real estate from American Turners of South Bend and in negotiation of a contract for development of said real estate, including the plot development plans, surveys, negotiation of contracts for development, and obtaining of financing commitments, which expenses are in the sum of Three Thousand Dollars ($3,000.00). NOW, THEREFORE, it is agreed by and between the parties hereto and for and in consideration of the premises and the mutual covenants herein contained, as follows: 1. Landmark agrees to sell and the City agrees to buy Lots 148, 149 and 150 of the original plat of the City of South Bend for the sum of One Hundred Sixty-three Thousand Dollars ($163,000.00). 2. The City agrees to pay 1975 payable 1976 taxes assessed against said real estate. REGULAR MEETING JUNE 10, 1974 3. Landmark agrees to furnish the City an owners preliminary policy of title insurance agreeing to insure title to such real estate subject only to restrictions and easements of record, and customary items with respect to which such. commitments are issued in the amount of One Hundred Sixty - Three Thousand Dollars ($163,000.00) within nineth (90) days prior to the closing of this transaction. In the event the policy shall not show good and insurable title as aforementioned, Landmark shall have a reasonable length of time to correct the title. 4. At the time of closing, Landmark will execute and deliver its warranty deed conveying said real estate to the City. 5. This sale shall be closed within ten (10) days from the date of approval by the appropriate Board of the State of Indiana of the appropriation ordinance enacted by the Common Council of the City appropriating the funds herein provided for to be paid by the City to Landmark. 6. The City shall have the right of possession of said real estate on the day following the date of closing. 7. The City hereby grants to Landmark an option to purchase the part of said real estate not used for construction of the Michigan -Main Street connector, the description of said real estate being attached hereto, made a part hereof and marked Exhibit A. This option shall be exercised by Landmark by delivering or mailing a written notice of its intention to exercise this option to the City on or before thirty (30) days prior to the expiration of one (1) year from the date of approval of this Agreement by the Common Council of the City of South Bend. Upon the exercise of this option, the sale price of said real estate shall be based upon the square footage of said real estate and shall be Four Dollars and Ninety Cents ($4.90) per square foot, said square footage in said real estate to be computed by the Engineering Department of the City of South Bend. The City shall furnish at its expense title insurance insuring title to said real estate subject only to restrictions and easements of record and customary items with respect to which such commitments are made issued in the amount of said option purchase price and shall convey said real estate by warranty deed. The closing shall take place not later than sixty (60) days after notice of exercise of the option by Landmark. 8. The City shall have the right of demolition of the frame building at any time after the closing of this sale. The City agrees not to demolish the brick building located on the north side of said real estate until after the expiration of the option of Landmark. In the event Landmark exercises its option to purchase, the parties agree that the frame building shall be demolished within seventy-five (75) days of the receipt of the notice of intent of Landmark to exercise its option. The City shall bear that proportion of the cost of demolition of that part of the frame building located on its property and Landmark shall bear the proportion of the cost for that part of the building located on the property the subject of the option. At the time of the closing of this sale the City agrees to place fire and extended coverage insurance on the brick building in an amount to be determined by the City's insurance carrier and Landmark agrees to reimburse the City for the cost of such insurance. In the event of loss to said building and recovery of proceeds thereof by the City, the City agrees that if within the period for exercise of said option, the same shall be exercised by Landmark, then said insurance proceeds shall be assigned, transferred or paid to Landmark, and if said option should not be exercised said proceeds shall be the property of the City. REGULAR MEETING JUNE 10, 1974 9. It is expressly agreed that all terms and conditions of this contract are included herein, and no verbal agreements of any kind shall be binding upon the parties; and this contract shall be bindinb upon the parties hereto, their heirs, administrators, executors, successors and assigns. 10. Landmark agrees to furnish to the City within ten (10) days after the execution of this Agreement its corporate resolution duly authorizing Landmark to enter into this Agreement of Sale. 11. This Agreement is expressly made conditional upon its acceptance by the Common Council of the City of South Bend and the approval of the ordinance adopted by the Common Council appropriating the funds herein provided for the payment of the purchase price by the appropriate Board of the State of Indiana, and should said Agreement for any reason fail to be approved by said State Board, then this Agreement shall be null and void and of no force and effect and all rights and liabilities of the parties hereto shall terminate. LANDMARK OF INDIANA, INC. ca wM BY: s/ James P. Conboy, Jr. President W SELLER L CITY OF SOUTH BEND BY ITS BOARD OF PUBLIC WORKS s/ Rollin E. Farrand s/ James R. Seitz s/ James V. Barcome BUYER ATTEST: s/ Patricia DeClercq, CLERK, BOARD OF PUBLIC WORKS EXHIBIT A - A MAP AND DESCRIPTION OF THE REAL ESTATE WAS ATTACHED TO THE ORIGINAL AGREEMENT REQUEST FOR OPEN AIR STAND APPROVED Mr. Dewey Covell filed application with the Board to operate an open air stand for the sale of fireworks at 1210 South Ironwood Drive. Mr. Covell is the owner of the property and it is properly zoned commercial. Upon motion made, seconded and carried, the Board approved the stand, subject to Mr. Covell's purchasing an Open Air Stand license from the City Controller's Office and subject also to the stand selling only legally approved fireworks as stipulated by State Law, Burns Statutes 20-1101, specifically sparklers and toy snakes. Mr. Barcome requested that the Fire Department Inspection Bureau be directed to check the stand to see that only legal fireworks are being sold. REQUEST FOR CLARIFICATION OF CITY POLICY ON OPEN AIR STANDS Mr. Charles F. Lennon, Jr., Director of the Department of Redevelopment, asked the Board for clarification of City policy in regard to licensing of stands. Mr. Lennon said that vendors on River Bend Plaza are required to purchase city licenses and furnish liability insurance. He said approval was given to an Art Association to hold an Art Show in Leeper Park and it was his understanding that they were not required to purchase licenses. Mr. Lennon said he felt any policy should be uniform. Mr. Seitz said that the Park Board approved the Art Show and they do not require any permits. He said he did not know whether the Art Show allowed sales. Upon motion made, seconded and carried, the Board referred the question to the Legal Department for an investigation and report. r BONDS APPROVED Ray S. Andrysiak, Bureau of Engineering, recommended to the Board that the following bonds could be approved: Excavation Bond for Louis W. Krueper to 12/31/74 Contractor's Bond for Thaddeus Lewandowski to 6/4/75 Upon motion made, seconded and carried, the bonds were approved to the dates listed. STREET LIGHT OUTAGE REPORT The Street Light Outage Report for the period of May 30 to June 5 was received and ordered filed. CHANGE OF DATE OF NEXT MEETING Because two members of the Board will be out of the City next Monday, the Board of Public Works meeting has been rescheduled for 1:30 p.m. on Wednesday, June 19, 1974. 1 REQUEST FOR BLOCK PARTY - MANITOU PLACE The Board received a request from Mrs. Lois Veen to hold a Block Party on Manitou Place on Friday, June 14 from 6 to 9 p.m. Mr. Wadzinski, Bureau of Traffic and Lighting, was present and informed the Board that this was an annual affair and had presented mo problems in the past. He recommended approval, providing insurance requirements of the Board are met. Upon motion made, seconded and carried, the Board approved the block party, subject to liability insurance being filed with the Board. PETITION PROTESTING INSTALLATION OF STREET LIGHT The Board received a petition signed by seven property owners protesting the installation of a street light midblock in the 1600 block of Southbrook Drive. The petition states the residents of the area feel that existing lighting is sufficient. Attached to the petition was a statement from Councilman Robert Taylor supporting the petition. Mr. Wadzinski, Bureau of Traffic and Lighting, informed the Board that this light was included in the city-wide updating of street lighting. Upon motion made, seconded and carried, the Board approved the request of the petitioners that the light not .be installed. REQUEST TO TRANSFER TAXI CAB LICENSE The Board received a request from Carl Delmar Davis to transfer Courtesy Cab License No. 3 from himself to Cliff Trantham, 515 East Ewing Avenue. Mr. Trantham was notified that he is to furnish a copy of his driver's license and his liability insurance coverage to the Board. Upon motion made, seconded and carried, the Board directed that those documents be referred to the City Controller's Office for a check of the applicant and his insurance, with a report to be made to the Board. REQUEST FOR TENT REVIVAL SERVICES The Board received a request from Rev. W. 0. Coates, Pastor of the Emmanuel Church of Deliverance, to hold tent revival services Sunday, July 14 through Saturday, July 27 at 1017 Carroll Street. Rev. Coates also requested permission to park on 1013, 1015, 1022, and 1023 Carroll Streets and on a lot at Keasey and Carroll Streets. Three of these lots are city -owned. Upon motion made, seconded and carried, the Board referred the request to the Building Department and the Bureau of Traffic and Lighting for review and recommendation. DEADLINE FOR APPLICATIONS FOR OPENING OF RIVER BEND PLAZA Upon motion made, seconded and carried, the Board set a deadline of Wednesday, June 19th for applications for booths on the River Bend Plaza for the Grand Opening June 30 through July 7, 1974. REGULAR MEETING JUNE 10, 1974 a RECOMMENDATION ON STREET SERVICE'S The Bureau of Traffic and Lighting reviewed the request of Missionary Martha White to hold street services at 6:00 p.m. on Friday evenings at 100-300 S. Chapin Street and at 6:00 p.m. on Saturday evenings at Walnut and Washington Street. They recommended approval of the request provided there is no obstruction of traffic caused by large congregations of people. Mrs. White had also requested permission to carry a sign during the services and the Bureau recommended that a ruling be obtained from the Legal Department in reference to this request. Upon motion made, seconded and carried, the Board tabled the request and referred the question of the sign to the Legal Department for a recommendation. REQUEST FOR STREET SERVICES Rev. Henry Underwood requested permission to hold Street Services but did not make it clear where the services were to be held or whether this request was in connection with the request of Missionary White, since her name also appeared on his literature. The Board tabled this request and directed that the Clerk contact Rev. Underwood and obtain information as to where he wished to hold street services. There being no further business to come before the Board, upon motion 7 made, seconded and carried, the meeting adjourned at 10:40 a.m. 0 ATTEST: CLERK s R. 5e