HomeMy WebLinkAbout09/08/69 Board of Public Works MinutesC11
September 8, 1969
A regular meeting of the Board of Public Works and Safety met at 9:35 A.M.,
on September 8, 1969, with all members present. ,The minutes of the previous
meeting were reviewed and approved.
FIRE DEPARTMENT
Appointment to Fire Department
Upon motion made, seconded and unanimously carried, upon the recommendation
of Fire Chief Joseph L. Zurat, the Board approved the appointment of Dennis
Lynn De Buysser to the Fire Department effective September-8, 1969.
Retirement from Fire Department
Upon motion made, seconded and unanimously carried, and upon the approval
of Fire Chief Joseph L. Zurat, the Board accepted and approved the
retirement of William Scheu from the Fire Department, effective September 16,
1969, having served more than 20 years.
Request to attend National Fire Protection Association meeting
Upon motion made, seconded and unanimously carried, the Board approved the re-
quest for Captain William T. Schmidt to attend the Aviation Committee meeting
of the National Fire Protection Association September 30 and October 1, 1969,
in Atlantic City,New Jersey.
POLICE DEPARTMENT
Retirement - Rudolph A. Horvath
Upon motion made, seconded and unanimously carried, and upon the approval
of Chief of Police Loren M. Bussert, the Board approved the retirement of
Rudolph A. Horvath, effective September 7, 1969, having served with the De-
partment more than 21 years.
Resignation - Daniel Radman
Upon motion made, seconded and unanimously carried, and upon the approval
of Chief of Police Loren M. Bussert, the Board approved the resignation
submitted by Daniel Radman effective September 15, 1969. Officer Radman
was first appointed 4/12/48 and having served 20 years.
Applications for appointment
The following applications for appointment to the Police Department were
filed with the Board and referred to the Personnel Director for further
processing:
Richard Fletcher
Stanley Warren
BUILDING DEPARTMENT - SUB -STANDARDS DIVISION
J. W. Adamson, Sub -Standards Director, appeared before the Board and the
following matters were taken up:
401 Wenger Street. Lou Ann Avent did not appear as requested. Mr. Adamson
stated this building is old and has been used for several purposes, most
recently a church, which moved because the owner did not wish to rehabilitate
the building. Upon motion made, seconded and unanimously carried, the Sub -
Standards Director was granted permission to advertise for bids for demolition
of the property.
421-423 William Street. Mr. Cohen, the owner of the building, appeared be-
fore the Board. Mr. Adamson states this is a single family dwelling made
into a duplex; that one family is living in the building; that repairs have
not been made; and that the building has no heat except wood burning stoves.
Upon motion made, seconded and unanimously carried, the matter was referred
to the Building Department for appropriate action.
715 Marietta Street. Mrs. Lottie King, owner of the premises, appeared before
the Board and stated she has taken down the shed building and that she will
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clean up the premises. Upon motion made, seconded and unanimously carried,
the matter was continued one week.
2502 S. Michigan Street. Mr. Adamson reported the building has been partially
secured; that there was a recent fire and most of the fire damage has been re-
moved; that the owner is trying to sell the property. Upon motion made,
seconded and unanimously carried, the matter was continued one week. And Mr.
Adamson was directed to again contact the owner.
736 S. Frances Street. Mr. Adamson reported the building has been secured and,
upon motion made, seconded and unanimously carried the matter was continued
indefinitely. And the Sub -Standards Director was directed to keep the property
under surveillance.
1013 Duey Street. Mr. Adamson reported the owner of this property phoned him
this morning that she could not be present on account of illness and that her
husband was out of town and could not appear; that the building is open and
nothing has been done to rehabilitate it. Upon motion made, seconded and
unanimously carried, the matter was continued one week.
1640 Portage. Mr. Adamson reported this building has been partially demolished.
Upon motion made, seconded and unanimously carried, the matter was continued
two weeks to permit the owner to complete demolition.
Request for owners of sub -standard properties to appear before Board 9/15/69
Upon motion made, seconded and unanimously carried, the Board approved the re-
quest for the following owners of sub -standard properties to appear before the
Board on September 15, 1969, to show cause why the following properties should
not be demolished:
Clyde Platz - 1017 N. St. Louis Boulevard
Hamilton & Harris Co. - 735 W. Jefferson
And the Clerk was directed to so notify said owners by certified mail.
bemolition bids opened
This being the date set, bids were opened for the demolition of the following
properties. Non collusion affidavits were examined and found to be proper.
Bids were:
1225-1227-1229 S. Rush Street:
Bryant Excavating Company $1235.00
O'Neal Trucking Company $1475.00
Upon motion made, seconded and unanimously carried, contract for demolition of
the property at 1225-1227-1229 S. Rush Street was awarded to Bryant Excavating
Company on its low bid of $1235.00 . Contract was executed by the Board.
315 W. Garst Street:
B & J Demolition Company $633.00
O'Neal Trucking Company $510.00
Bryant Excavating Company $485.00
A. Midwest Wrecking Company $474.0o
Upon motion made-, seconded and unanimously carried, contract was awarded to
A. Midwest Wrecking Company on its low bid of $474.00. Contract was executed
by the Board.
HEARING ON ASSESSMENT ROLL - IMPROVEMENT RESOLUTION NO. 3259 - HARTMAN DRIVE
(SEWER) -(CONTINUED FROM 9/2/69)
Hearing on the assessment roll for the improvement known as Hartman Drive -
Rosemary Lane Local Sewer, having been continued from September-2, 1969, was
resumed.
It having been determined that publication notice was not properly given, it
was moved, seconded and carried that a new hearing date be set for September
29,,1969, and that notice be given in the South Bend Tribune and the Tri County
News by publication on September 12, 1969 and September 19, 1969.
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9/8/69
PRELIMINARY HEARING - VACATION RESOLUTION NO. 3298 - BENDIX CORPORATION
This being the date set, hearing was held on Vacation Resolution No. 3298,
being a petition for the vacation of:
A portion of Prast Boulevard, between Illinois Street on the
east and the intersection of Sheridan Avenue and Ardmore Trail
on the west, more particularly described as follows:
A tract of land located in the east one-half of Section 4,
Portage Township, beginning on the north line of Prast
Boulevard as now exists at a point 3.02 feet west of the west
line of Illinois Street; thence west on and along the north
line of said Prast Boulevard a distance of 480.29 feet to .its
intersection with the southerly line of Ardmore Trail; thence
south 63 degrees 22 minutes west on and along said southerly
line of Ardmore Trail a distance of 108.162 feet to its inter-
section with the easterly line of Sheridan Avenue; thence south
on and along said east line of Sheridan Avenue a distance of 31.51
feet to its intersection with the south line of Prast Boulevard;
-,
thence east on and along said south line of Prast Boulevard a
distance of 576.98 feet to a point 3.02 feet west of the west
line of Illinois Street; thence north parallel and 3.02 feet west
of the west line of Illinois Street a distance -of 80 feet to the
place of beginning, containing an area of 44,929.25 square feet,
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more or less.
the Clerk tendered proofs of publication in the South Bend Tribune and the
Tri County News on August 15 and August 22, 1969, which were read and found
to be proper.
Attorney Michael Stepanek appeared on behalf of Bendix Corporation.
Also appearing before the Board were Richard Biggs, 3803 Ardmore Trail,
Mrs. James Fortner, 3815 Ardmore Trail and Mrs. Carl Zwierzynski, 3715
Ardmore Trail, South Bend, Indiana.
Mr. Biggs complained that his driveway is about 20 yards from the new
route and that it will be difficult for him to get in and out of his
driveway during heavy traffic from Bendix; that he will be unable to
park in front of his residence, and since the new route is already being
used, automobile lights at night flash into his bedroom windows.
Mrs. Fortner complained of the dirt left at the time the retention basis was
constructed which Bendix had promised to take away and have not. Mr.
Stepanek stated they had tried to remove some of the dirt, but there had
been a drainage problem. He promises that the dirt will be removed as
agreed.
After hearing all interested persons who wished to be heard, upon motion
made, seconded and unanimously carried, the hearing was continued and the
matter taken under advisement.
PRELIMINARY HEARING - VACATION RESOLUTION NO. 3299 - MAX M. FISCHER
This being the date set, hearing was held on Vacation Resolution No. 3299,
being a petition for the vacation of:
Hildreth Street:; fr6m the east 1i.he of Roberts Street to the.
west line of the north -south alley east of Roberts Street,
more particularly described as follows:
Beginning at the northwest corner of Lot 52 of Baker and Mr.
Henry Addition; thence east along the north line of said
Lot 52 a distance of 119.95 feet, more or less, to the north-
east corner of said Lot 52; thence north 40 feet, more or less,
to the southeast corner of Lot 37; thence west along the south
line of said Lot 37 a distance of 119.95 feet, more or less,
to the southwest corner of Lot 37; thence south 40 feet, more
or less, to the place of beginning.
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9/8/69
the Clerk tendered proofs of publication in the South Bend Tribune and the Tri
County News on August 15 and August 22, 1969, which were read and found to be
proper. No remonstrators having appeared and no written remonstrances having
been received, upon motion made, seconded and unanimously carried, the
adoption of said resolution for the vacation of said property was confirmed
and approved, and the City Engineer was directed to prepare an assessment
roll covering the assessment of benefits and the award of damages to surround-
ing property owners.
HEARING ON ASSESSMENT ROLL - VACATION RESOLUTION N0. 3295 --SEARS, ROEBUCK
is COMPANY':
This being the date set, hearing was held on the assessment roll in Vacation
Resolution No. 3295, being for the vacation of:
Franklin Street, from Western Avenue south to Monroe Street.
The Clerk tendered proofs of publication in the South Bend Tribune and the
Tri County News on August 15, August 22 and August 29, 1969, which were
read and found to be proper. No remonstrators having appeared and no written
remonstrances having been received, upon motion made, seconded and unanimously
carried, the assessment roll is hereby approved, and the vacation resolution
in all things ratified and confirmed, and the proceedings closed and the
property declared vacated.
HEARING ON RESOLUTION NO. 3300, 1969 - FOR THE OPENING OF FELLOWS STREET
This being the date set, hearing was held on Resolution No. 3300, 1969, being
for the opening of Fellows Street, more particularly described as follows:
A public street 60 feet in width, running north and south in
the northwest Quarter of Section 26, Township 37 North, Range 2,
East, and connecting at both ends with Fellows Street as
presently existing, and constituting an extension thereof from
Walter Street to the north line of the southeast Quarter of the
northwest Quarter of said Section, the center line of said
proposed extension to coincide with the center line of
Fellows Street as presently existing at both ends.
Proofs of publication in the South Bend Tribune and in the Tri County News
on August 15 and August 22, 1969, were read and found to be proper.
F. Gerard Feeney, attorney, appeared before the Board and stated he wished
to enter the appearance of George Sands as attorney for the estate of Robert
William Maurice, deceased, and all devisees and legatees of the estate, and
that he wished to file written objection for Mr. Sands to the resolution for
the opening of Fellows Street for the reason that no notice was received.
Mr. Feeney also stated Mr. Sands wished the record to show that federal estate
taxes have not been paid in the estate of Robert William Maurice and that the
Internal Revenue Department has not been notified and that they would have
an interest in the land.
Mr. Feeney further stated that Dorothy Battles, the eldest daughter of Robert
William Maurice, is dead and her husband, George Battles, is the sole legatee
under her will and is acting as executor of her estate, and that he files
objection to the resolution for the opening of Fellows Street through his
attorney, F. Gerard Feeney, for the reason that no notice was received, and
for the reason that no value has been ascertained or assessed as to the damage
to be paid, if any, to the owners of said real estate.
Present also were the following heirs of Robert William Maurice Estate:
Mrs. Ralph Nifong - R. R. #2, Box 238, Elkhart, Indiana
Mrs. Dale Murphy - 60950 Miami Road, South Bend, Indiana
Eugene Van der Hagen - 44-4 S/ Fellows Street, South Bend, Indiana
George Battles - 712 E. Angela Blvd., South Bend, Indiana
Also present were:
James Dosmann
- 4312
S.
Fellows Street
Clifford Rich
- 4412
S.
Fellows Street
Oscar and Marian Van
Wiele -
4321
S. Fellows Street
Mrs. Leo J. Kierein
- 4325
S.
Fellows Street
Mrs. Norman Witte
- 20418
W.
Kern Road
9/8/69
After hearing all persons who wished to be heard, upon motn,on made, seconded
and unanimously carried, the hearing was continued and the matter taken under
advisement.
REQUEST FOR TRANSFER OF FUNDS - MUNICIPAL SERVICES FACILITY
Upon motion made, seconded and unanimously carried, the Board approved the
request of Richard Duck, Manager, Municipal Services Facility for the follow-
ing transfers of funds:
From Account U-221 (elec. current) to Account.U-252 (reprs. & Equip.)
the sum of $5000.00.
From Account U-221 (elec. current) to Account U-324 (other garage
and motor supplies) the sum of $5000.00.
And the requests were referred to the Legal Department for the preparation
of appropriate resolution and appropriate ordinance for the consideration
of the Common Council.
CD COMPLAINT- CONDITION OF PREMISES AT 2110 ELWOOD AVENUE
Complaint of 12 residents of the neighborhood against the condition of
the property at 2110 Elwood Avenue filed with the Board, upon motion made,
seconded and unanimously carried, was referred to the Sub -Standards Division
of the Building Department for investigation and report to the Board.
"IN -KIND"' RENT VOUCHERS - A.C.T.I.O.N. Inc.
"In -Kind" rent vouchers in the amount of $169.58 for Fire Station #5 and
in the amount of $200.00 for Fire Station #7 by A.C.T.I.O.N., Inc, for the
month of September, 1969, were ordered filed.
MONTHLY REPORT - WEIGHTS & MEASURES DEPARTMENT
Monthly report of Weights and Measures Department for August, 1969, was re-
viewed by the Board and ordered filed.
REQUEST FOR PERMISSION TO PARK ON STREET WHILE SELLING ICE CREAM
Upon motion made, seconded and unanimously carried, the request of Terry
Nowicki, 61398 Mayflower Road, South Bend, Indiana, for permission to park
in the vicinity of John Adams High School between 11:30 and 1:30 to sell
ice cream to students was referred to the Traffic Engineering Department
and the Legal Department for investigation and report to the Board.
REQUEST TO CLOSE N. KENMORE STREET FOR BLOCK PICNIC - DAVE S. DAVIS
Upon motion made, seconded and unanimously carried, the Board approved the
request of Rev. Dave S. Davis, 122 N. Kenmore Street, South Bend, Indiana
to have N. Kenmore Street, between Washington and Linden Streets, closed
to traffic between 2:00 P.M. and 4:00 P.M. on September 13, 1969, during
a block picnic.
CONFIRMATION - REQUEST TO CLOSE WOODHILL STREET FOR BLOCK PARTY
The action of the Board on September 3, 1969, approving the request on
September 3, 1969, of Cal Dugas, 126 Woodhill Street, South Bend, Indiana,
for permission to block Woodhill Street, at Scenic and Idlewild, for a block
party on September 6, 1969, between the hours of 4:30 P.M. and midnight, is
hereby confirmed and made of record.
PROPOSED AGREEMENT - ELDON A. AND MARGARET R. CANDLER - 900 BLOCK E. IRELAND Rd,
Upon motion made, seconded and unanimously carried, the proposed agreement
submitted to the Board by attorney Jack Dunfee on behalf of Eldon and Margaret
Candler in reference to the construction of an addition to their existing
building on E. Ireland Road, was referred to the City E gineer for a further
consultation with the site developers.
9/8/69
SEWER CONSTRUCTION AGREEMENT - JOHN R. ROBINSON - LOT 161 CREST MANOR
Upon motion made, seconded and unanimously carried, the Board approved and
executed sewer construction agreement with John R. Robinson, 18797 Roelke
Drive, Center Township, St. -Joseph County, South Bend, Indiana, owner of
Lot 161 in Crest Manor, as modified.
STREET LIGHT PETITIONS FILED
Upon motion made, seconded and unanimously carried, the following street
light petitions filed with the Board were referred to Traffic Engineering
for study and recommendation to the Board;
Petition of Stanley Lewinski, 429 S. Warren Street, and 41 others,
for a street light in the 400 block of Warren Street.
Petition of Sigmund Biedinski, 715 S. Olive Street and 21 others,
for a street light at 715 S. Olive Street.
Petition of Jennie Kujawski, 722 S. Brookfield and 16 others for a
street light at 722 S. Brookfield.
STREET LIGHT APPROVED - PRAST STREET
Upon motion made, seconded and unanimously carried, the Board approved the
recommendation of Traffic Engineering to increase the existing street light
at 2501 Prast Street from 2500L INC OH WP to 7000L MV OH WP.
CONTRACTOR'S BOND
Certificate continuing contractor's bond on behalf of Albert E. Torok to
10/7/70 was approved by the Board and ordered filed.
STREET LIGHT OUTAGE REPORTS
Street light outage reports for the period 8/27/69 to 9/5/69 were ordered
filed.
There being no further business to come before the Board, the meeting
adjourned at 12:10 P.M.
ATTE
Clerk
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