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HomeMy WebLinkAbout10/06/1952 Board of Public Works Minutes57 October 6, 1952 A regular meeting of the Board of Public Works was held Monday, October 6, 1952 at 10:00 A. M. All members were present. Minutes of the previous meeting were read ;and approved. Salary claims in the amount of $25,667.18 were approved. Claims of 1the following suppliers, in the amount of $15, 21.60, were approved and ordered paid: Arteraft Printers $42.50 PARKING METER DEPARTMENT: Hibberd Printing Co. 28.00 C. S. Dzikowski35.00 Indiana Bell Telephone Co. • 11.25 Indiana Bell Telephone Co. 9.4.1 GARBAGE DEPARTMENT: Indiana Bell Telephone Co. 1136 Dependable Disposal Co. $3312.50 Indiana & Michigan Electric $11097.97 Indiana & Michigan Electric 189.00 INTERCEPTOR SEWER: Indiana & Michigan Electric 361.79 Consoer, Townsend & Associates $150.00 Indiana & Michigan Electric .28 Consoer, Townsend & Associates 150.00 Herbert Leary 5.00 Consoer, Townsend & Associates 150.00 C. A. Moore & Son 13.50 STREET & TRAFFIC: Nicholls Printery 25.00 Builders & Movers, Inc. 198.38 11 Office Engineers, Inc. 28.50 Indiana Lumber & Mfg. Co. 2.16 • ' A representative of. The Star Store first appeared before the Board, requesting (permission to conduct a Santa Claus parade from the Union Depot to the 300 block South .Michigan Street, at about 7 o'clock in the evening on Monday November 17th. The parade is to be comprised of one truck, carrying a band, and not to exceed twelve automobiles, The Board approved the parade, with the stipulation of no horses, informing the represen ative, Mr. LaBurkien, a bond would be required for this added feature, and the Board further stipulated the parade must meet all rules of the Police Department so governing, and have the approval of the Chief of Police, before letter of permit is to be supplied by the Clerk of the Board. Next appeared before the Board, Robert E. Gawthorpe, representing the Courtesy Cab Company, and requesting a two -car taxi stand-in front of the Colfax Hotel, and just • .west of the alley entrance. The Board was in agreement that such space could be allotte this taxi company, but stipulated that before letter of permit is issued, the Traffic Engineer is to be consulted in the matter, and informed Mr. Gawthorpe accordingly. STREET DEPART341ENT: Casimir Kusz, Deputy Street Commissioner, appeared before the Board in the matter of the unsafe condition of Sheridan Avenue, from Sample Street to Western Avenue, inquiring as to what financial assistance the property owners could expect from the City, provided a " complete tearing -out and rebuilding" of the street were to be under- taken. The condition of the street was then discussed at some length and in detail. The fact that "Drive Slow" signs are now posted along the street was mentioned. The • City Engineer,..being present, stated that from the standpoint of street maintenance it would be possible for the Street Department to undertake the taking out and lowering of the manhole tops. The Engineer also pointed out that the cost of a complete re- building job had been estimated at $19.75 per front foot, by a competent engineer in a recent survey, and that the resident property owners refuse to permit the use of the street as an arterial highway, the only basis on which the City will assume a substanti portion of the rebuilding expense. No decision was reached in the matter, except, the Street Commissioner, H. M. Tomlinson, who was also present and took part in the dis- cussion, was directed by the Board to proceed with the repair of the street from a strictly maintenance standpoint. i The Street Commissioner again brought up his urgent need for material spreaders. iI The Clerk reported only one quotation had been received in response to three inquiries. I The price quoted of $377.50 for the Swenson spreader, being considered satisfactory, and in view of the urgency for the equipment, the Board authorized the immediate pur- chase of one Swenson spreader. ENGINEERING DEPARTMENT: The Board next took up the matter of awarding of contracts on bids opened at the previous regular meeting, and in each instance contract was given to the lowest and best bid, as follows: MIAMI STREET RESURFACE PAVETVIENT - CONTRACT NO. 10 • In the matter of bids for the construction of a Bituminous Concrete (AH) Re -Surface Pavement on MIAMI STREET from the south line of Ewing Avenue to the south line of Ridgedale Road, the bid was awarded to the Rieth-Riley Construction Company, for $56,586, as they submitted the lowest and best bid for this improvement. WEST SAMPLE STREET RE -SURFACE PAVEMENT - CONTRACT NO. 12 In the matter of bids for the construction of a Bituminous Concrete (AH) Re -Surface Pavement on WEST SAMPLE STREET from the east line of Walnut Street to the west line of Kosciuszko Street, the bid was awarded to Rieth-Riley Construction Company for $16,692.5 • as they submitted the lowest and best bid for thisimprovement. RESOLUTION NO. 2733 - 1952 RESOLUTION NO. 2?33 - 1952'- AWARDING CONTRACT In the matter of Bids for the improvement of ALLEY BETWEEN IRONWOOD DRIVE AND TWE: THIRD STREET from the north line of Mishawaka Avenue to the south line of Wall Street in accordance with Improvement Resolution No. 2733, passed by this Board on August 25th and confirmed on September 15th, the bid was awarded to the Rieth-Riley Construction Company as they submitted the lowest and best bid for Class C-Type 1 Cement Concrete Pavement for $3,236.00. RESOLUTION NO. 2734 - 1952 - AWARDING CONTRACT In the matter of Bids for the improvement of FELLOWS STREET from the center line of Donmoyer Avenue to 1060 feet south of the center line of Donmoyer Avenue in accord- ance -with Improvement Resolution No. 27341 passed by the Board on August 25th•and confirmed by the Board on September 15th, the bid was awarded to the Niles Excavating Company as they submitted the lowest and best bid for local sewer improvement for $7,714-90. RESOLUTION NO. 2732 - 1952 RESCINDED In the matter of Bids for the improvement of Slj'FfGART STREET from the north line of Donald Street to the south line of Prairie Avenue, all bids received were in excess of the Engineerts Estimate and accordingly all bids were rejected and no award was made. The Board next examined and approved the Replat of Lots 324 thru 343 in Belleville Unit "C" Addition, submitted by Colpaert Realty Corporation, and bearing the approved stamp -of the City Plan Commission, under date of October 2, 1952. Drawings covering the Street Improvement Plans for construction of curb and pavement only, were next examined and approved by the Board, as follows: Medow Lane - Sta. 9 , 35 to Edison Avenue Edison Avenue - Sample Street to Meadow Lane Fairway - Gladstone Avenue Greenview Avenue - Sample Street to Silver Lane. A letter was received from the City Plan Commission indicating that they recomme: the vacation of the West 30 feet of Ernsberger Street from the St. Joseph River, south to a point where such former street intersects Ironi.rood. Drive, petitioned for by Playland Park, Inc., AND Petition of Edward Buszkiewicz and Frank Andrysiak for vacating alley a section of alley east of South Walnut Street and running between lots 46, and 47 in Susan R. Stokes Subdivision, AND Petition of E. R. Newland Company and General Building Materials Company for vacation of alley in Stulls 3rd Addition AND Petition of R. W. Wolfram to relocate alley between lots 713 and 714 in Whitcomb & Kellers 3rd Sunnymede Addition. The above petitions were referred to the Engineering Department for further investigation. Petition filed under date of September 12, 1952, by Mary E. and Burl M. Bargerhufi and Stella R. and Harry W. Skarupinski for the vacating of a section of the alley east of Brookfield Street and south of Prairie Avenue, was next considered and denied by the Board. A waiver given by Abe Berman, in connection with building permit issued for the construction of a building on Lot 634 Summit Place 3rd Addition, at the northeast corner of South Meade Street and Western Avenue, was examined by the Board, found to be sufficient, and accordingly accepted. As a matter of official record, the Board ordered the following Easement be included and Trade a part of the minutes of this meeting: No. 14919 THIS INDENTURE, made this 19th day of September, 1951, by and between WOODLAND, INC., A Corporation organized and existing under the laws of the State of Indiana, of St. Joseph County, Indiana, party of the first part, and PLACE AND COMPANY, INC., a Corporation organized and existing under the laws of the State of Indiana, of St. Joseph County, Indiana, party of the second part, WITNESSETH: For and in consideration of the sum of One Dollar ($1.00) and other valuable consideration, the receipt of hereby acknowledged by the first party, said party of the first part hereby grants, bargains, sells, conveys and warrants to the party of the second part, its successors and assigns forever, a right of way and ease- ment with the right, privilege and authority to said party of the second part, its successors, assigns, lessees and tenants, to construct, erect, operate and maintain a sewer in, on, along, through or across the following described lands situate in St. Joseph County, State of Indiana, to -wit: • • • 0 U • • 0 1�1 • • Beginning at the center of Section Number Five (5), Township Number Thirty -Seven (37) North, Range Three, (3) East, thence East along the East and West Center line of said Section Five (5), a distance of Two Hundred Fourteen and Fifty Hundredths (214.501) feet; thence South Forty (401) feet; thence West parallel with and Forty (40t ) feet South of the East and -West center line of said Section Five (5) a distance of Four Hundred (4001) feet; thence North Forty (401) feet; thence East one Hundred Eight -five and Fifty Hundredths (185.50t ) feet to the place of beginning, Ij together with the right of ingress and egress to and over said above described premises at any and all times for the purpose of doing anything which may be required for the full enjoyment of the rights herein granted. i i WOODLAND, INC. Signed:By: Thomas F. Shortall, President. i ATTEST: J. D. Barnette, Secretary. Dated: September 19th, 1951 and recorded in the office of the County Recorder in Book 490, Page 475 - 14919. IVIr. Harry Kubiak, 430 E. Corby Boulevard, appeared before the Board and made complaint concerning dust, noise and odor from the city -owned and operated mixing plant. Mr. Kubiak stated that fine powder produced in this operation is carried throughout the immediate neighborhood in whatever direction the wind happens to be blowing. Also the asphaltic odor is disagreeable to many persons. The Board informed Mr, Kubiak, the matter would be investigated and taken up with the Street Commissioner with a view to the possibility of housing this plant in a manner that would -greatly alleviate the disagreeable features of its operation, or work out some other solution of the problem. An Agreement, submitted by the New York Central Railroad Company, granting the City right to maintain a public street upon certain premises of the Railroad, was considered by the Board, approved and entered into, as follows: AGREENTENT made this 6th day of October, 1952 between the Board of Public Works and Safety of the Civil city of the City of South Bend, Indiana, hereinafter called the "Ctiy", and The New York Central Railraod Company, hereinafter called the 11railroad"; The Railroad, for good consideration, the receipt of which is hereby acknowledged, and in further consideration of the undertaking of the City hereinafter contained by these presents, grants unto the City upon the conditions and purposes hereinafter set forth, the right to maintain a public street upon, over and across the premises of the Railroad located in the City of South Bend, County of St. Joseph, State of Indiana, described as follows: A strip of land Sixty-six (66) feet in width in the Northwest Quarter (NW,) of the Northeast Quarter (NE-1) of Section Fifteen (15), Township Thirty-seven (37) North, Range Two (2) Fast of the Second Principal Meridian (2nd P.M.) , in the County of St. Joseph, in the State of Indiana, said strip being part of the second parcel of land containing Nine Hundred Sixty-seven Thousandths (0.967) acres, more or less, conveyed by James Oliver 2nd et al to the New York Central Railroad Company by Warranty Deed dated July 20, 1922, and re- corded in the Recorder's Office of St. Joseph County, Indiana, on August 14,-1922, in Record 172, page 460, and said strip extending from the East line of Olive Street to the South line of Sample Street and being bounded on the Southeast by the Southeast line of the parcel conveyed as aforesaid and being bounded on the Northwest by a line parallel to and Sixty-six (66) feet distant, by rectangular measurement, Northwesterly from the said Southeasterly line of said parcel con- veyed as aforesaid: containing 0.383 acres, more or less. The foregoing grant is conditioned upon the undertaking of the City that the Railroad will be put to no expense now or in the future by reason of the construction and maintenance of improvements of every kind and character in or upon the premises herein described, excepting only improvements made by the City when compelled to do so by the Railroad pursuant to law. �! ,� 1640k 5-0 8 - (per, 130 IN WITNESS WHEREOF we have hereunto set our hands and seals this 6th day of October, 1952. CIVIL CITY OF THE CITY OF SOUTH BEND, INDIANA BY; G. P. Ziegler �c ak ATTEST:Ma ne DuVont Hurw City Clerk Board of Public Works and Safety 510 it-- -- ---- A petition, submitted under date of September 30, 1952, calling for the improve- �ment of Dale Avenue from Ewing Avenue to Altgeld Street, together with a Letter from ;the originator of the petition, dated October 4, 1952, in which he reports the accomp- lishment of repair sufficient at this time, were read by the Board and ordered filed. 'i TRAFFIC DEPARTMENT: I The matter of installing a stop light at the intersection of Western and Sheridan Avenue, in line with motion made and carried in the September 22nd regular meeting of ;the Common Council, was referred by the Board to Traffic Engineer, E. H. Miller, who is idirected to take this matter up with the State Highway Commission at the first opportunit . The petition of the Indiana Cab Company for a two -car taxi stand on the east side of the 100 block South Michigan. Street, just south of the intersection of Washi.ngt lAvenue, was considered and approved by the Board, subject to said location meeting with the approval of Traffic Engineer, E. H. Miller. II The Board next read a letter from the OtBrien Corporation, under date of October 12nd, recommending that "Slow Down" traffic signs be placed on Johnson Street, on each side of the Colfax Avenue intersection, because of the heavy pedestrian traffic at this ;point. The matter was referred by the Board to the Traffic Engineer for investigation ani report. The placing of a "STOP STREET" sign on Franklin Place at Jefferson Boulevard was approved by the Board. VACATION RESOLUTION NO. 2736 - 1952 This being the date set, hearing was had on the resolution heretofore adopted jby the Board of Public Works and Safety for the vacation of - No. 1. Middlefield Avenue from the North line of Ardmore Trail to the South lihe I� • of Grove Street and from the North line of Grove Street to the South line of Elwood Avenue; 1 No. 2. Edison Avenue from the North line of Ardmore Trail to the South line of Grove Street and from the North line of Grove Street to the South line of Elwood Avenue: No. 3. Calhoun Street from the East line of Woodland Avenue to the West line of Edison Avenue. No. 4. Lawrence Street from the East line of Woodland Avenue to the West line of Edison Avenue: • No. 5. Evans Street from the East line of Woodland Avenue to the West line of Edison Avenue: it No. 6. All of that certain fourteen (14) foot alley situate one hundred twenty-eidjt (128) feet North of the North line of Ardmore Trail from the East line of Woodla.n'' � Avenue to the West line of Edison Avenue: �I No. 7. All of that certain fourteen (14) foot alley situate one hundred twenty eight (128) feet South of the South line of Elwood Avenue from the east line of Woodland Avenue to the West line of Edison Avenue; Iil No. 8. All of that certain alley situate one hundred twenty-eight (128) feet ! • East of the East line of Woodland Avenue from a point one hundred twenty-eight II (128) feet North of the North line of Ardmore Trail to the South line of Grove Street and from the North line of Grove Street to a point one hundred twenty- eight (128) South of the South line of Elwood Avenue: and No. 9 All of that certain alley situate one hundred twenty-eight (128) feet West of the West line of Edison Avenue from a point one hundred twenty-eight (128) feet North of the North line of Ardmore Trail to the South line of Grove Street and from the North line of Grove Street to a point one hundred twenty- eight (128) feet South of the South line of Elwood Avenue, under Vacation Resolution No. 2736. • I� The Clerk of the Board having shown sufficient proofs of publication and no remonstrators having appeared and no written remonstrances having been filed with the Clerk, it was moved, seconded and unanimously carried that the said resolution be finall adopted and the said street and alleys be vacated. The Engineering Department is directed to prepare an assessment roll covering the assessment of benefits and the award of damages to the surrounding properties. R. S. Andrysiak, City Engineer, filed primary assessment roll showing the awards of damages and the assessments of benefits in the matter of the vacation of streets and alleys under Vacation Resolution No. 2736. 40 511 0 • In the above named assessment roll, the Board hereby orders that it will meet in the City Hall at 11:00 A. M. on the ^3rd. day of Nouembe-i3,1952 for the purpose of hearing and receiving remonstrances from all persons interested in or affected by said vacation, and the Board further orders that notice of said hearing, together with the amount of damages awarded and benefits assessed be addressed to the property owners by publishing same on the loth day of October and on the 17th day of October, 1952,/in the South Bend Tribune and the Tri-County News. and 24th day of October, 1952. Cont,rac,torts Bond in the amount of $1,000.00, of W. H. Sharp, Jr. was examined and approved by -the Board. There being no further business to come before the Board, the meeting adjourned at 12:00 otclock noon. ATTEST: vY• Clerk SPECIAL MEETING October 14, 1952. U .�CL.:.:.:i • ! A special meeting of the Board of Public Works was held Tuesday, October 14, 1952 j at 2:00 P. X. to take required action on certain matters advertised for hearing on j October 13th, which was a legal holiday and no regular meeting was held. All members were present. if 1 RESOLUTION ADOPTING FINAL ASSESSMENT ROLL NO. 2719 - 1952 After hearing all persons interested who appeared and the Clerk of the Board of ' Public Works and Safety having proofs of publication of the notices to property owners and the same having been found sufficient, therefore BE IT RESOLVED, By the Board of Public Works and Safety of the City of South Bend, Indiana, that the -Primary of Preliminary Assessment Roll adopted by the Board on the • 22nd day of September, 1952, for the improvement of ALLEY BETWEEN ADAMS STREET AND COLLEGE STREET be and the same is in all things confirmed. Ward H. Crothers Clerk of the Board I. A. Hurwich R. S. Andrysiak G. P. Ziegler Board of Public Works & S ety • i CERTIFICATION OF COMPLETION - IMPROVEMENT RESOLUTION NO. 2720 - 1952 i Certification of Completion was furnished by the civil engineer, Wilbur H. Gartner, accompanied by Contractorts Completion Affidavit of the contract between the City of South Bend, Indiana, Owner, and the Rieth-Riley Construction Company, Contractor., for the construction of the Pavement Improvement on ELWOOD AVENUE from the west line of OtBrien Street to the east line of Elmer Street under Improvement Resolution No. 2720 has been completed in accordance with the plans and specifications for this project. RESOLUTION ACCEPTING FINAL ESTIMATE No. 2720 - 1952 • Be it Resolved, By the Board of Public Works and Safety of the City of South Bend, Indiana, that the Final Estimate, and Primary Assessment Roll submitted to the Board by the City Civil Engineer or his duly authorized representative on this 14th day of October, 1952 on the improvement known as the ELWOOD AVENUE PAVEMENT as described in Improvement Resolution No. 2720, 1952, passed by the Board of Public Works and Safety I on June 16th, 1952, be and the same is hereby adopted, and the Clerk of this Board is hereby requested to give notice of the hearing of Special Benefits on said Improvement, as required by Section N.111 or 120 of an Act entitled, "An Act Concerning Municipal Corporations" approved March 6, 1905. R. S. Andrysiak I. A. Hurwich G. P. Ziegler Board of Public Works & Safety Ward H. Crothers, 11 Clerk of the Board