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HomeMy WebLinkAbout07/23/73 Board of Public Works Minutesu� r REGULAR MEETING JULY 23, 1973 A regular meeting of the Board of Public Works convened at 9:30 a,m, on Monday, July 23, 1973 with all members present. Minutes of the last meeting were reviewed and approved. OPENING OF BIDS - SALE OF CITY -OWNED REAL ESTATE This being the time set for receiving bids for the Clerk tendered proofs of publication in the County News which were found to be sufficient. made, seconded and carried, the Board directed that no bids were received. AWARDING OF BIDS - FIRE APPARATUS the sale of city -owned real estate, South 'Bend Tribune and the Tri- No bids were received. Upon motion that the Legal Department be notified The Board received the following recommendations from Assistant Chief Joseph Nagy of the Fire Department: Item 1. 1957 Maxim Fire Engine. Sale be awarded to Gordon Alan Perry on his bid of $2,000.00. Item 2. 1952 American LaFrance Fire Engine. Sale be awarded to Donald Kaufman i�- on his bid of $877.00. Q Upon motion made, seconded and carried, the Board accepted the recommendation of Chief V Nagy and awarded the sales. No bids were received on the 1950 Maxim Fire Engine and Chief Nagy said they vo uld try to dispose of it for the best possible price. CONTRACT AND PERFORMANCE BOND - NORTHEAST STORM SEWER PROJECT The Board received the contract and performance bond from H. DeWulf Mechanical Contractor, Inc. for the Northeast Storm Sewer Project. Upon motion made, seconded and carried, the contract and performance bond were approved and signed. CONTRACT AND PERFORMANCE BOND - R & S 63, BENDIX DRIVE The Board received a contract and performance bond from .the Rieth-Riley Construction Company for Project R & S 63, Bendix Drive. Upon motion made, seconded and carried, the Board approved and signed the contract and bond. COMPLAINT - PANEL -ADS Mr. Andeew Plodowski, a member of St. Hedwig's Parish and a Deacon of the Catholic Church, appeared before the Board to complain about the use of Panel -Ad Trash Con- tainers in the City of South Bend for displaying abortion advertisements. Mr.. Plodowski said he contacted Mrs. Mardelia Hensler, who handles the Panel -Ad franchise in South Bend, and she told him her agreement with the City allows the use of any advertising material not offensive and not including alcoholic beverages. Mr. Plodowski said that the abortion advertisements are, in his opinion, offensive to the citizens of South Bend and asked that the Board take action on this complaint. The Board directed that Mr. Plodowski's complaint and a copy of the Agreement between the City and Panel -Ads be referred to the Legal Department for an immediate investigation and report to the Board. SIGNING OF TITLE_S_HEET - PARKSIDE SUBDIVISION Upon motion made, seconded and carried, the Board received and signed the title sheet and preliminary plans for the Parkside Subdivision. AGREEMENT - AMOCO OIL COMPANY AND THE CITY OF SOUTH BEND The Board received an agreement between the Amoco 01•lCompany and the City of South Bend for the purchase of a strip of land needed for the addition of a right turn lane at the intersection of Ireland and Miami Road. Mr. Farrand explained that this property was needed for the redesigning of the intersection and that the property was appraised through the standard appraisal procedure. Upon motion made, seconded and carried, the Board signed the.agreement. AGREEMENT This Agreement entered into this 23rd day of July, 1973 by and between Amoco Oil REGULAR MEETING JULY 23, 1973 Company, formerly The American Oil Company, hereinafter referred to as Seller, and the Civil City of South Bend, a municipal corporation of the State oflndiana, hereinafter referred to as Buyer, WITNESSETH: WHEREAS, the Seller is the owner of certain real: estate located at the Southeast corner of the Intersection of Ireland Road and Miami Road in the City of South Bend, Indiana, and the Buyer in the construction of certain improvements in the widening of said intersection requires the acquisition of a part ofthe Seller's property as hereinafter set forth; and WHEREAS, the parties hereto have agreed to the terms of the sale of the hereinafter described real estate and have agreed that the Buyer should have an immediate right of entry upon said real estate at the time of the execution of this Agreement. 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. The Seller agrees to sell:and the Buyer agrees to buy the real estate located in St, Joseph County,. State of Indiana as described in Exhibit A attached hereto and made a part hereof, ,in ,accordance with the terms and conditions herein set forth. 2. The consideration paid for the acquisition of said real estate shall be the sum of Twenty -Three Thousand, Seven Hundred and Fifty Dollars ($23,750.00). This amount shall be paid at the time of closing. 3. The Seller agrees to obtain, and the Buyer agrees to pay the cost thereof, a binder of title insurance in an amount equal to the pur- chase price. Such binder shall insure title in the Seller and shall contain a covenant to insure such title in the Buyer upon appropriate conveyance. The Buyer shall, after receiving such binder, examine it and certify to the Seller any defect in title. The Seller shall have reasonable time to correct such defect and deliver to the Buyer any corrective material. Such defect in title shall be corrected at the expense of the Seller. 4. Closing shall take place within twenty-one days (21) after the binder for title insurance showing merchantable title in the Seller is delivered to the Buyer. At the time of closing the Seller shall execute and deliver a Warranty Deed conveying the real estate in accordance with this Agreement. 5. No pro ration of taxes shall be made by the parties in the making of this sale, the Seller to be responsible for the payment of all taxes which are unpaid. 6. Upon the execution of this Agreement, the Buyer shall have an immediate right of entry upon said real estate for the purpose of survey, grading, leveling, filling, draining, paving, building, repairing, and rebuilding streets and highways together with any culverts, ramps and cuts as may be necessary. The Seller agrees to move at his expense any signs or other structures located upon the subject property. Such removal and relocation shall be completed within fourteen (14) days from the date of this Agreement. 7. The Buyer agress that there shall be no decrease in the width of the access driveways nor in the number of such access ways to the Seller's property, and that at the point where the access drives join public streets there shall be a change in grade not to exceed six (6) inches. 8. The Buyer agrees to save -'and hold harmless the Seller from any and all liability, claim of damage, or cause of actrcon resulting from or arising out of or incident to the right of entry herein granted. The Buyer further agrees not to unreasonably interfere with theingress and egress to Seller's adjacent service station site and agrees that all work in the area will be completed as soon as possible. 1 1 1 REGULAR MEETING JULY 23, 1973 9. The Buyer further agrees that the access driveways will remain in the same position and location as to the point where they presently touch public streets and highways. 10. The rights and obligations created by this Agreement shall be binding upon and shall run for the benefit of the assigns, heirs, executors, and administrators of the parties hereto. AMOCO OIL COMPANY s/ R. H. Berlind, Manager Capital Investment Attest: s/ H. J. Keller Assistant Secretary SELLER CIVIL CITY OF SOUTH BEND by its BOARD OF PUBLIC WORKS e--i s/ Rollin E. Farrand lti Qs/ James R. Seitz s/ James V. Barcome BUYER Attest: s/ Patricia DeClercq Clerk Attachment: Exhibit A LEGAL DESCRIPTION OF STANDARD OIL PROPERTY AT MIAMI AND IRELAND Beginning at a point forty (40) feet south and one hundred and five (105) feet east of the southwest corner of the northwest quarter of Sec. 30, Twp. 37 North, Range 3 East, said point being in the south right-of-way line of Ireland Road, this point is also a point of tangency; thence southwesterly along a curve with a radius of seventy-five (75) feet to a point of tangency on the east right-of-way line of Miami Road, said point of tangency being seventy-five (75) feet south of the south right-of-way line of Ireland Road; thence south along the east right-of-way line of Miami Road a distance of one hundred and fifty-five (155) feet; thence due east twenty-two (22) feet; thence due north along a line parallel to and twenty-two (22) feet east of the east right-of-way line of Miami Road a distance of one hundred and seventy (170) feet; thence northeasterly along a curve with a radius of sixth (60) feet to a point of tangency on the south right-of-way line of Ireland Road; thence west along the south right-of-way line of Ireland Road a distance of seven (7) feet more or less to the point of beginning. Containing approximately 4625 square feet. REGULAR MEETING JULY 23, 1973 PROPOSAL FOR PURCHASE OF 1819 RANDOLPH STREET The following proposal letter was presented to the Board: PROPOSAL South Bend, Indiana July 23, 1973 To DEPARTMENT OF HOUSING & URBAN DEVELOPMENT, the Owner of the property known as 1819 Randolph Street, South Bend, Indiana (Lot;<27, Roseland Park) in St. Joseph County, Indiana. We will pay the sum of Four hundred Dollars ($400.00) for said property upon the following terms, viz: Four hundred Dollars ($400.00) cash•to be paid upon the delivery of a warranty deed. Possession to be given on: 10 days after closing. Prior to the execution and delivery of a warranty deed, the seller shall supply an abstract of title, brought to date, showing a merchantable title of said premises. It is understood that when additional time is required for making or correcting the abstract of title, a reasonable extension shall be granted. The taxes for the year 1973 payable in the year 1974 shall be paid by the seller. Assessments for municipal improvements which are not completed are to be paid by the sellers. BOARD OF PUBLIC WORKS s/ Rollin E. Farrand s/ James R. Seitz s/ James V. Barcome We/I hereby accept this Offer to Purchase, according to the terms hereof and agree to sell said real estate hereinabove mentioned this day of , 1973. Department of Housing & Urban Development Mr. David Wells, Manager, Bureau of Administration and Design, explained that this was the last of the parcels of real estate in the Randolph Street area. It was not possible to acquire this property at the time the others were ac- quired. Mr. Gerald Sakaguchi, Deputy City Attorney, recommended that the proposal be amended to add "All taxes and liens that appear of record have been paid", so moved, seconded and carried. Upon motion made, seconded and carried, the Board approved the proposal as amended and it was signed and will be presented to the Department of Housing & Urban Development for signature. LETTER FROM BRIGADIER GENERAL AHNER RE: NATIONAL GUARD ARMORY PROPERTY The Board received the following letter: July 16, 1973 Chairman, Board of Public Works City -County Building South Bend, Indiana 46601 Dear Sir: Reference your letter regarding motorcyclists using armory property in South Bend, we have investigated this matter and will present our recommended corrective action plan to the State Armory Board at its next meeting 17 July 1973. REGULAR MEETING. JULY 23, 1973 Our tentative plan is: a. Install approximately 225 railroad ties spaced 25 feet apart around the critical area. Two holes to be bored in each tie and 3/40 cable inserted through holes. Clamps to be on each tie to prevent sagging of entire cable in event of cutting one section. b. Twenty-four (24) metal signs installed reading "State Property - No Trespassing". After posting the area, this will enable the city police to make arrests for trespassing. c. Weeds to be cut by private individual at least twice during the summer months. d. Mimeographed circular to all houses in surrounding area explaining what we are doing and asking their cooperation. If they have children who are riding motorcycles on armory property, we will ask them to warm their children of the hazards and consequences of this practice. We believe the above actions will be sufficient to discourage motorcycling on the property. This is about all we can do short of fencing in the entire area with six or eight foot fence, the cost of which would be prohibitive Q and entirely out of our budgetary limitations. U s/ Alfred F. Ahner Brigadier General IN ARNG The Adjutant General Upon motion made, seconded and carried, the Board ordered the letter filed. REQUEST FOR APPROVAL OF TRAFFIC OONTROL DEVICES The Board received the following requests for approval of traffic control devices from Rollin E. Farrand, Director of Public Works and Clem F.Hazinski, Manager, Bureau of Traffic and Lighting. A. New Installation - Traffic Signals at the Main Entrance to Scottsdale Mall at Ireland Road. Materials and installation to be paid for by Scottsdale Mall and the City will then accept the completed installation. Upon motion made, seconded and carried, the installation was approved. B. New Installation - Traffic Signals at the Entrance to Scottsdale Mall and Miami Road. Materials and installation to be paid for by Scottsdale Mall and the City will then accept the completed installation. Upon motion made, seconded and carried, the installation was approved. C. New installation - Stop Signs at the Scottsdale Mall exits on Ireland Road and Miami Road. Materials and installation to be paid for by the City. Upon motion made,,seconded and carried, the Board approved the instailation. D. New Installation - Red flasher lights at Lombardy and Sample to supplement the 4-way stop signs at that location. New street construction and widening of Sample Street warrant such installation. _Upon motion made, seconded and carried, the Board approved the installation. The Board was advised that the cost of the 4-way red flasher at Lombardy and Sample would be $13.80 per year and would be covered from Budget Item H-221. AGREEMENT - CITY OF SOUTH BEND AND RICHARD A. MUESSEL, JR. FOR EASEMENT FOR CONSTRUCTION OF WATER RETENTION POND The Board received an agreement between the.Ctty�of South Bend and Richard A. Muessel, Jr. for the purchase of an easement for the construction of a water retention pond in the Ironwood -Inwood area. The agreement was negotiated for approximately 15 acres at a cost of $90,000.00. The land had been appraised at $12,000 an acre. Upon motion made, seconded and carried, the agreement. was sent to the Legal Department for review and recommendation. 1 REGULAR MEETING JULY 23, 1973 RECOMMENDATION FROM BUREAU OF TRAFFIC & LIGHTING RE: BLOCK PARTY The Board received a recommendation from Clem A. Hazinski, Manager, Bureau of Traffic and Lighting, that he would recommend approval,of the request to hold a Block Party 'in the 1300 and' 1400 'Block of Sunnymede Avenue -on Friday; July 27, 1973 from 5:30 p.m. to midnight, provided the City is indemnified and police are notified. Upon motion made, seconded and carried, the Board accepted Mr. Hazinski's recommendation and approved the request. RECOMMENDATION FROM BUREAU OF TRAFFIC & LIGHTING RE: STREET SERVICES The Board received the following memorandum:' July -17,' 1973 To: Board of Public Works From: Bureau of Traffic.& Lighting, Clem Hazinski, Manager A request to hold street services by the Emmanuel Church of Deliverance was referred to this Bureau. Such services to be held on the sidewalk at Chapin and Napier and also at Washington and Walnut, 5 PM to 6 Pm. In checking the files, it was found that such permission was granted in letters dated April, 1970 and March, 1971. Such services to terminate in the: 'eh i dd l e of September. This Bureau is not affected unless traffic on the street is curtailed and evidently it was not in the past. The Police Department would be con- cerned, however, with congregating of people on the sidewalk. Upon motion made, seconded and carried, the Board approved the request subject to there being no restriction of traffic in the areas. Approval was granted until September 16, 1973 if no problems arise. The Clerk was directe&.to notify Chief Urban of this action. RECOMMENDATION FOR INSTALLATION OF STREET LIGHTS The Board received the following letter: July 23, 1973 Board of Public Works County -City Building South Bend, Indiana Gentlemen: Due to the widening project on Sample Street in the vicinity of Lombardy, it is recommended that a 20,000L MV OH WP street light be installed on''.the south east corner of the intersection. The recommendation is based on the facts that Lombardy is a wide intersection street from the north due to the grass median and it is offset with the south approach. The intersection is also a 4-Way stop and will have two approach lanes from the east and west, all of which makes the intersection area unusually large. The cost to the City will be: 1 - 20,000L MV OH WP (@-$5.35/mo. or $64.20/yr. Respectfully submitted, s/ Rollin E. Farrand, Director , s/ Ralph J. Wadzinski Engineer, Bureau of Traffic and Lighting Upon motion made, seconded and carried, the Board approved the recommendation. REQUEST FOR TEMPORARY CLOSING OF ALLEY The Board received a request from the William Penn Club to barricade the alley behind their building for their annual picnic on Saturday, July 28, 1973 at 12:00 noon. Because the request was received late, the Board requested that Mr. Clem Hazinski, Manager, Bureau of Traffic and Lighting, make a verbal recommendation to them. Mr. Hazinski reported that they have held this affair in. -the past with no problems and he would recommend_ approval. Upon motion made, seconded and carried, the Board approved the request and asked that Mr. Hazinski contact Mr. Wukovits of the William Penn Club to make arrangements. REGULAR MEETING JULY 23, 1973 REQUEST FOR STREET LIGHTS The Board received a request from Mrs. Richard E. Keb, 5223 Monticello Court, that street lights be installed on her street. Upon motion made, seconded and carried, the Board referred the request to the Bureau of Traffic and Lighting for investigation and report. REQUEST FOR STREET LIGHT A petition with 29 signatures was received requesting that a street light be installed in the middle of the 1600 block of Dale Avenue. Upon motion made, seconded and carried, the Board referred the request to the Bureau of Traffic and Lighting for investigation and report. COMPLAINT FROM MR. CLEM KRUSZEWSKI RE: WHtTEFORD LEASING COMPANY The Board received the following complaint: July 18, 1973 Mr. Clem Kruszewski, 2017 W. Sample Street, telephoned the Board e-� office to complain about the dust caused by trucks using the.unpaved lot of the Whiteford Leasing Company, 2020 W. Sample Street. He Q said the dust is causing a problem for the residents in the area and V that the new paint on his house is covered with dust. Mr. Kruszewski said that his working hours prevent him from attending the Board meeting on Monday but he would like this called to their attention. He said he has talked with Mr. Ed Petrowski, a neighbor who complained about this situation in the past, and Mr. Petrowski told him that the City was to file an injunction against Whiteford Leasing Company but it evidently has not been done. Mr. Gerald Sakaguchi, Deputy City Attorney, explained to the Board that this situation has been before the -Board several times. The Whiteford Leasing Company did present a contract to the Engineering Department for the paving of their lot and was given 30 days to start the work. However, they have never started. The Legal Department has taken legal action against the Whiteford Leasing Company. The Cl-erk was directed to write Mr. Kruszynski advising him about this action. - CONTRACTOR'S BOND CONTINUATION CERTIFICATES FILED The Board received continuation certificates for the Contractor's Bonds for Carl J. Reinke F_ Sons and Emmett K. Troyer. Upon motion made, seconded and carried, the Board referred the certificates to the Bureau of Construction for investigation and report to the Board. STREET LIGHT OUTAGE REPORT FILED The Street Light Outage Report for the period of July 12 to July 19, 1973 was received and ordered filed. There being no further business to come before the Board, upon motion made, seconded and carried, the meeting adjourned at 10:35 a.m. 1