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HomeMy WebLinkAbout12/27/71 Board of Public Works MinutesDecember 27, 1971. A regular meeting of the Board of Public Works and Safety convened at 9:30 A.M. on December 27, 1971, with all members present. The minutes of the previous meeting were reviewed and approved. APPOINTMENT AS SPECIAL POLICE OFFICER - EDWARD CHARLES HERMANN Upon motion made, seconded and unanimously carried, Edward Charles Hermann was appointed as .a special police officer for Ben Feferman Motor Sales Corporation. BUILDING DEPARTMENT - SUB -STANDARDS DIVISION Richard Liszewski, Sub -Standards Director, appeared before the Board and the following matters were taken up. 1613 S. Carroll Street. Neither the land contract buyer, who was present, nor Mr. Liszewsky has as yet been able to contact the insurance company in reference to the fire at 1613 S. Carroll Street. Upon motion made, seconded and carried, the matter was continued two weeks. 613-615-617 W. LaSalle Street. Mr. Liszewski reported the two smaller buildings have been secured and the large building is being torn down at w 613-615-617 W. LaSalle Street. Upon motion made, seconded and carried, the matter was continued indefinitely, under the surveillance of the Sub - Standards Department. 517 E. Wenger Street. Mr. Liszewski reported the Bank has no further interest in the property and that the property is beyond repair and is a hazard. Upon motion made, seconded and carried, the Sub -Standards Director was authorized to seek bids for demolition of the structure at 517 E. Wenger Street. 519 E. Wenger Street. Mr. Liszewski reported the property at 519 E. Wenger Street has been cleaned up and taken care of. Demolition bids opened: This being the.date set, bids for demolition of the following properties were opened. Non collusion affidavits were found to be proper. The bids were as follows: 2112 W. Roger Street. The Planning and Development Action Team, Inc., 136 S. Chapin Street, South Bend, Indiana, 46625, by John Torti, Director, requested an extension of 60 days in which to consider purchase and re- habilitation of the property at 2112 W. Roger Street. Bids having been received were thereupon opened as follows: B & J Demolition Co. $485.00 0°Neal Trucking Co. $635.00 Vanek Wrecking and Excavating Co. $423.00 Waimco $434.00 Machinery Supply Co., Inc. $305.00 Upon motion made, seconded and carried, the award of contract for demolition of the structure at 2112 W. Roger Street was postponed two weeks, with the understanding that the structure must be secured. 1024-1024'' W. Oak Street. Midwest Demolition Corp. $680.00 O'Neal Trucking Co. $685.00 Vanek Excavating Co. $388.00 Waimco $384.00 Machinery Supply Co., Inc. $S75.00 B & J Demolition Co. $61o.00 Upon motion made, seconded and carried, contract for demolition of the structure at 1024-j024'—z W. Oak Street was awarded to Waimco on its low bid of $384.00. 12/27/71 1819 S. Kendall Street. Vanek Excavating Co. $365.00 O'Neal Trucking Co. $500.00 Waimco $334.00 Machinery Supply Co. $575.00 Midwest Demolition Co. $560,00 B & J Demolition Co. $500:00 Upon motion made, seconded and unanimously carried, contract for demolition of the structure at 1819 S. Kendall Street was awarded to Waimco on its low bid of $334.00. BUILDING DEPARTMENT - REQUEST TO ATTEND.MEETING, PROVIDENCE, R.I. Action on the request of Forrest West, Building Commissioner, for permission to attend the Building Officials and Code Administrations International meeting in Providence, Rhode Island, January 5 to 9, 1972, was deferred until January 3, 1972. WEIGHTS AND MEASURES DEPARTMENT - REPORTS Reports of the Weights and Measures Department for November anal December, 1971, were reviewed and ordered filed. FINAL APPROVAL OF ASSESSMENT ROLL - IMPROVEMENT RESOLUTION NO 3343, 1971 E. FARNEMAN STREET SEWER For the improvement of E. Farneman Street, from 200 feet east of Fellows Street,.east to the dead end, by constructing a local sewer. Lloyd S. Taylor, City Engineer, files with the Board an amended assessment roll to reflect the adjustments recommended by the consulting engineer and approved by the Board December 20, 1971, to reduce the assessment of John Zivkovich, 603 Farneman Street, by the sum of $50.00, and to reduce the assessment of Leo Sobierajski, 626 Donmoyer Street, by the sum of $14.33. Upon motion made, seconded and unanimously carried, the assessment roll as adopted November 29, 1971, and amended December 20, 1971, was in.all things approved and confirmed. ASSESSMENT ROLL FILED - VACATION RESOLUTION NO. 3350, 1971 - SOUTH BEND COMMUNITY SCHOOL CORPORATION Lloyd S. Taylor, City Engineer, files.assessment roll , showing award of damages and assessment of benefits in Vacation Resolution No. 3350, 1971, for the vacation of: Longley Avenue between Meade Street and Olive Street; also the first east -west alley north of Longley Avenue between Meade Street.and Olive Street; also the first north -south alley east of Meade Street from Longley Avenue north to the first east -west alley north of Longley Avenue; also Fremont Street from Longley Avenue north to the first east -west alley. 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: Lots numbered 249 to 264 inclusive in Kaley's Third Sub- division, and the Kaley School property on a tract of land bounded by Longley Avenue, Olive Street, Roger Street and Meade Street. Net benefits - $00.00 Net damages - $00.00 s/ Lloyd S. Taylor, City Engineer. 12/27/71 157 1 January 24, 1971, was set as the date for hearing ,all persons interested, and the Clerk was directed to give notice by publication in the South Bend Tribune and the Tri County News on December 31, January 7 and January 14, 1972. PLANS _APPROVED - RIVERSIDE MANOR SEWER CONSTRUCTION, THIRD SECTION Upon motion made, seconded and unanimously carried, plans for Riverside Manor Sewer construction, Third Section, were approved by the Board, with the understanding that sewer service will be provided to Lots 275 through 286 by the developer, Oxford Development Corporation, 3939 Meadow Drive, Indianapolis, Indiana. CERTIFICATE OF COMPLETION - HEPLER -34TH STREET STORM SEWER AND LAGOON "A" Charles W. Cole & Son, Inc., files its certificate that the construction of the Hepler-34th Street Storm Sewer and Lagoon "A".has been completed by Woodruff and Sons, Inc., contractor, according to the plans and speci- fications for said construction. CERTIFICATE OF COMPLETION - LOGAN-36TH STREET STORM SEWER AND LAGOON "K" Charles W. Cole and Son, Inc., files its certificate of completion of construction of the Logan-36th Street storm sewer and Lagoon "K" by Woodruff and Sons, Inc., contractor, according to the plans and specifi- cations for such construction. GIFT TO C I TY OF SOUTH BEND - FOR ART CENTER The following letter from the National Bank and Trust Company of South Bend, under date of December 23, 1971, was read by the LloydyS. Taylor, President of the Board, and ordered filed: "December 23, 1971. "Board of Public Works and Safety County City Building South Bend, Indiana Atten: Mr. James W. Bickel, City Controller Re: Trust No. P-1431 Trustee, the Muessel-Ellison Memorial Trust Foundation "Gentlemen: "All in accord with conversations heretofore had in your office during the presence of Messrs. Shepard Crumpacker, City Attorney, Donald Wilhelm, Field Examiner, Indiana State Board of Accounts, and Larry Ernst, also Field Examiner, Indiana State Board of Accounts, we are directing this communication to you in that there can be no misunderstanding as between the City of South Bend and this Bank as Trustee of the above captioned trust foundation in relation to a contribution which this trust is about to make to the City of South Bend. The responsibility of this Bank, -as Trustee, in spreading the benefits of the trust fund restricts any funds donated or contributed 'for public uses only, and for charitable, scientific, literary and educational purposes which will benefit the public of said City of South Bend in particular and the County of St. Joseph of the State of Indiana %c ' "Therefore, accompanying this letter is a voucher for $100,000.00, payable to the City of South Bend, and this payment is to be 12/27/71 specifically earmarked and designated for use by the City of South Bend as an application, in part, to the construction of an 'art center,' to be located in an area heretofore designed by Woollen Associates, Indianapolis, Indiana, such area and the location of - such art center being heretofore presented to and reviewed by all members of the Common Council of the City of South Bend. "These funds are not to be commingled with any other funds of the City of South Bend, but held separately and shall not be used for any deficit spending or any other form of diversion. "Therefore, the release of these funds unto the City of South Bend is made with the definite understanding and assurance, all of which we are to be given in writing in a form satisfactory to us, in that the intent of the use of these funds shall be imple- mented in accord with the suggestions and desires of the Muessel- Ellison families, and moreover, any structure for which these funds are used and subsequently built shall -carry an appropriate recognition prominently displayed of this gift in memory of these families. "It is hoped that the City will cooperate and correlate its en- deavors along with the members of the Michiana Arts and Sciences Council. You will proceed immediately to take the proper steps to have the Common Council adopt a special ordinance in which all of these matters will be included. "For any reason whatever, after all of the above procedures have been concluded and should any unforeseen occurrences prevail under which the art center not be completed, then, in such event, the City of South Bend, through its appropriate officials, shall obtain the consent of The National Bank and Trust Company of South Bend, as trustee of the Foundation, for the use of the said funds for any other purpose. Of course we understand that in no event, in making this transfer to the City of South Bend, shall any of the funds, or any part thereof, revert to the trustee. Very truly yours, s/ R. W. Goheen, RWG:bI Chairman of the Board." cc: Mr. Shepard Crumpacker. Mr. Crumpacker moved for the adoption of an agreement for the establishment of a civic center development donation fund by the City of South Bend; The motion wasisecogded.and unanimously carried; and the following agreement was approved and signed by the Board, and referred to the Legal Department for the preparation of an ordinance for the consideration of the Common Council. "AGREEMENT FOR ESTABLISHMENT OF A CIVIC CENTER DEVELOPMENT DONATION FUND BY THE CITY OF SOUTH BEND. "THIS AGREEMENT, entered into the 27th day of December, 1971, by and between the Civil City of South Bend, Indiana, here- inafter referred to as "City," and the National Bank and Trust Company of South Bend, as Trustee of the Muessel-Ellison Memorial Trust Foundation, hereinafter referred to as "Trustee," WITNESSETH, That "WHEREAS, the settlers of the Muessel-Ellison Memorial Trust Foundation stipulated that the proceeds thereof were to be used for a purpose which would exclusively benefit the County of St. Joseph and especially the City of South Bend, for public purposes only, and for charitable, scientific, literary and 1 1 12/27/71 159 educational purposes which will benefit the general public of said City of South Bend in particular and that in so doing the use of the funds will serve as a fitting community and civic memorial to the Muessel and Ellison families; and "WHEREAS, the City of South Bend is currently en- gaged in the development of a Civic Center, generally located within an area bounded by !Jayne Street on the south, St. Joseph Street on the west, Colfax Avenue on the north and the St. Joseph River on the east; and "WHEREAS, it has been proposed that an art center and exhibition hall be erected within said Civic Center with funds to be raised by public contribution; "NOW, THEREFORE, in consideration of the foregoing and of the mutual promises hereinafter contained, it is agreed by and between the parties as follows: 1. City agrees to establish a special fund, to d{ be known as "The Civic Center Development r_q Donation Fund" for the purpose of receiving donations from the Trustee or from any other U person or entity which might care to donate U funds for a like purpose. 2. Trustee agrees to make an initial donation of $100,000.00 on or before the 31st day of December, 1971, for deposit in said fund. 3. The said special fund shall be a continuing fund and under no circumstances shall the monies deposited therein revert to the general fund of the City. 4. City is hereby authorized to invest any monies on deposit in said fund in any manner deemed appropriate by it and authorized.and permitted by the statutes of the State of Indiana. 5. All interest or other income received from the investment of monies on deposit in said fund shall be added to the principal and used for the same purposes as herein specified. 6. It is the intention of the parties that said special fund shall be used or committed within five (5) years from the date hereof for the construction and improvement of an art center and exhibition hall within the said Civic Center as a primary purpose and objective; if, however, five (5) years after the date hereof, in the opinion of Trustee, it appears that insufficient progress has been made towards the achievement of said primary purpose and objective, the Trustee may, at its sole election, designate some other use to be made of all funds which may by then have been donated by it to said fund, together with any income additions thereto, which alternate use must, nevertheless, fall with- in the purposes set forth by the settlers of the Muessel-Ellison Memorial Trust Foundation. 7. Said fund may be expended only for capital im- provements and may not be expended to cover operating expenses, operating deficits, or for ordinary maintenance and repairs. I1ca 12/27/71 "IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and date first above set forth. ATTEST: s/ J. A. Stewart J. A. Stewart, Cashier THE NATIONAL BANK AND TRUST COMPANY OF SOUTH BEND, INDIANA, AS TRUSTEE OF THE MUESSEL-ELLISON MEMORIAL TRUST FOUNDATION by s/ R. M. Wartha R. M. Wartha, Senior Vice President and Trust Officer THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF SOUTH BEND by s/ Lloyd S. Taylor President s/ S. J. Crumpacker Member s/ James A. Bickel Member "Approved this 27th day of December, 1971, by authorization of the South Bend Common Council. s/ Lloyd M. Allen LLOYD M. ALLEN, MAYOR. If The check of $100,000.00 submitted by the National Bank and Trust Company of South Bend was given in custody to James A. Bickel, City Controller. COMPLAINT - HERMAN LIGHTHALL Herman Lighthall, 1428 E. Howard Street, South Bend, Indiana, appeared before the Board and complained of sewage backing up in his basement and was referred to the Engineering Department. CONTRACTORS' BONDS Upon motion made, seconded and carried, certificates continuing the following contractors' bonds were approved and ordered filed: Charles Jurtin - to 1/1/73 Donald Marshall - to 1/1/73 Northern Indiana Public Service Co. - to 1/1/73 Roseland Construction Co., Inc. - to 1/1/73 Hubert Woodcox - to 1/1/73 EXCAVATION BONDS Excavation bond for McIntyre and Jones Construction Co., Inc. - to 1/1/73 Certificates continuing the following excavation bonds: Orra S. Frame and Son, Inc. - to 1/l/73 Sid's Plumbing and Heating - to 1/1/73 S & W Construction Co. - to 1/1/73 12/27/71 161, TRAFFIC REGULATION APPROVED Upon motion made, seconded and carried, the Board approved the recommenda- tion of the Traffic Engineering Department for the establishment of a one hour parking zone on the west side of the 200 block of S. Frances Street. STREET LIGHTING APPROVED Upon motion made, seconded and carried, the Board approved the recommendations of the Traffic Engineering Department for street lighting as follows: Area bounded by Washington, Sheridan, Western and Lombardy, by removing 12 4000L INC OH WP lights and installing 23 7000L MV OH WP lights, at a cost of $46.45 per month. Mayflower Road, Western to city limit, by the removal of 3 4000L INC OH WP lights and the installation of 4 20,OOOL MV OH WP lights, at a cost of $12.10 per month. ladarwood and Redbud Lane, by the installation of five 7000L MV OH WP street tights at a cost of $18.75 per month. Cleveland and Lilac Roads, by the installation of a 20,000L MV OH WP fixture on the northeast corner of Cleveland and Lilac Roads, at a cost of $5.50 per month. STREET LIGHT OUTAGE REPORTS Street light outage reports for the period 12/18/71 to 12/23/71 were ordered filed. There being no further business to come before the Board, the meeting adjourned at 10:25 A.M. ATTEST: �P Clerk 1 r James A. Vickel 162 1