Loading...
HomeMy WebLinkAbout12/01/97 Board of Public Works MinutesREGULAR MEETING DECEMBER 1, 1997 The regular meeting of the Board of Public Works was convened at 9:34 a.m. on Monday, December 1, 1997, by Board Member James R. Caldwell, with Mr. Carl P. Littrell and Ms. M. Catherine Roemer present. Also present was Board Attorney Michelle Engel. AGENDA ITEMS ADDED Upon a motion made by Mr. Caldwell, seconded by Ms. Roemer and carried, the following items were added to the agenda: - Request to Reject Proposals - State Theater Marquee Rehabilitation - Resolution No. 92-1997 APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Littrell, seconded by Ms. Roemer and carried, the minutes of the regular meeting of the Board held on November 24, 1997, were approved. PUBLIC HEARING - CERTIFICATE OF PUBLIC CONVENIENCE - M&J ENTERPRISES LTD/D/B/A/UNIVERSAL CAB & LIMO SERVICE Mr. Caldwell advised that this was the date set for the Board's Public Hearing concerning an Application for a Certificate of Public Convenience, as submitted by Mr. James A. Guy II, 712 South Illinois Street, South Bend, Indiana. Mr. James A. Guy, 712 South Illinois Street, South Bend, Indiana, was present and stated that he has applied for a Certificate of Public Convenience several times. Mr. Guy stated that he could provide adequate service, and a new cab system would eliminate the problems of handling taxi service t0 South Bend. Mr. Caldwell stated that the Legal Department had informed the Board that Mr. Guy does not have the proper insurance and that his driver's license has been suspended. Ms. Ann Carol Simons, City of South Bend Attorney's Office, was present, and stated that she has conferred with Karl Hardy, Department of Code Enforcement, and Corporal Mattie Taylor, South Bend Police Department Detective Bureau on this matter and will recommend that the application be denied. Further, Ms. Simons stated that Mr. Guy could reapply for a Certificate of Public Convenience if he could comply with the criteria. Mr. Walter Jones, 3309 Kent Lane, South Bend, Indiana, was present, and stated that Mr. Guy leases four (4) cabs to ABC Cab Company, and that there is proper insurance on the four (4) vehicles, and that Mr. Guy does not drive any of the cabs. Mr. Jones stated that the City of South Bend needs to designate the amount of cab companies that can operate in the City. Mr. Vernon Johnson, 1620 Fassnacht, South Bend, Indiana, was present, and stated that he recommends denial, and that Mr. Guy has been operating a cab company for years without securing a license. Mr. Roger Woods, 207 Dixie Way North, South Bend, Indiana, was present, and stated that Mr. Guy has an advertisement for his cab company in the yellow pages, and that he operates and handles calls without a license. In addition, he stated that the City needs to take a stand on limiting the number of cab companies. Corporal Mattie Taylor, South Bend Police Department, was present, and stated that a background investigation had been completed on Mr. Guy, and that his driver's license has been suspended indefinitely. Mr. Guy also has had several "failure to appear" citations, insurance violations, and speeding violations. Corporal Taylor had observed Mr. Guy driving a van which had "Universal Cab" on the vehicle, while suspended. Corporal Williams did not know at that particular time that his license had been suspended. Mr. Karl Hardy, Department of Code Enforcement, presented photographs of vehicles parked at the residence of 712 South Illinois, South Bend, Indiana, and that this address is an "A" residential area. Mr. Hardy stated that a van and passenger vehicles with "ABC" and "Universal" markings on them, as well as phone numbers on the vehicles, were observed parked at 712 South Illinois. In addition, Mr. Hardy stated that as he was taking photos of these vehicles, Mr. Guy told him that "if he proceeded taking pictures, he couldn't be responsible for his actions". Ms. Simons stated that the City has filed suit against Mr. Guy because she has had complaints about him operating illegally for two (2) years, and a heari::g was scheduled for December 22, 1997. Ms. 479 REGULAR MEETING DECEMBER 1, 1997 Simons stated that she has received numerous complaints from Yellow Cab, some of those present at the hearing, and Mr. Guy's neighbors. Mr. Guy's neighbors complained of the parking situation at 712 South Illinois. Ms. Simons has informed Mr. Guy that he cannot park his vehicles in front of 712 South Illinois and operate a business. In addition, Amtrak and Michigan Regional Transportation Center employees have stated they have asked Mr. Guy on numerous occasions to leave the train terminal. Ms. Simons stated that Mr. Guy has no respect for the law and recommended denial. Mr. Guy stated that his cab service can benefit the City of South Bend. He stated that his problems are being resolved, and that he did not know about his traffic violations and suspended license. In addition, he stated the insurance issue will be properly addressed. Further, Mr. Guy stated his business address is 1408 Building C Elwood, and that he believes he is not doing anything illegal. There being no one else present wishing to address the Board concerning this matter, the Public Hearing was closed. Therefore, upon a motion made by Mr. Littrell, seconded by Ms. Roemer and carried, the Application for a Certificate of Public Convenience was denied. AWARD BID - NIMTZ PARKWAY ACCESS ROAD LANDSCAPING - PROJECT NO. 95-18-6 Mr. Carl P. Littrell, Director, Division of Engineering, advised the Board that on November 24, 1997, bids were received and opened for the above referred to project. After reviewing those bids, Mr. Littrell recommends that the Board award the contract to Hunziker's, Inc., 2344 Yankee Street, Niles, Michigan, in the amount of $98,854.00. Therefore, Mr. Littrell made a motion that the recommendation be accepted and the bid be awarded as outlined above. Ms. Roemer seconded the motion which carried. REJECT BID FOR STATE THEATER MARQUEE REHABILITATION PROJECT NO 97 07 1 In a memorandum to the Board, Ms. Amy Tweeten, Community and Economic Development, requested all bids for the above referred to project be rejected, due to insufficient funds. Upon a motion made by Mr. Caldwell, seconded by Mr. Littrell and carried, the request to reject all bids was approved. ADOPT RESOLUTION NO. 92-1997 Upon a motion made by Ms. Roemer, seconded by Mr. Littrell and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 92-1997 RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING ON BEHALF OF THE CITY OF SOUTH BEND, INDIANA, ITS INTENT TO REIMBURSE CERTAIN PRELIMINARY COSTS FROM THE PROCEEDS OF A LEASE -PURCHASE OF THE EQUIPMENT SERVICES FACILITY WHEREAS, the City of South Bend, Indiana (the "City"), intends to enter into a lease - purchase (the "Lease") for the purpose of providing funds to make certain improvements to, and refinance the existing lease of, the Equipment Services Facility (the "Project"); and WHEREAS, certain preliminary costs in financing the Project have been or will be incurred by or on behalf of the City prior to the closing of the lease; and WHEREAS, the City reasonably expects to reimburse such preliminary costs of the Project with proceeds of the Lease; and WHEREAS, the City expects that the Lease shall be in a principal amount not to exceed One Million Three Hundred Thousand Dollars ($1,300,000.00); and WHEREAS, Board desires to declare the official intent of the City, pursuant to I.C. 5-1-14- 6(b) and § 1.150-2 of the Treasury Regulations promulgated by the Internal Revenue Service (the "Treasury Regulations"), that said preliminary costs be reimbursed from the proceeds of the Lease; REGULAR MEETING DECEMBER 1, 1997 NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend, Indiana, as follows: 1- The Board hereby declares the official intent of the City, pursuant to I. C. 5-1-14-6(b) and § 1.150-2 of the Treasury Regulations, that preliminary costs incurred by or on behalf of the City in financing the construction of the Project be reimbursed from the proceeds of the lease. 2. This resolution shall be in full force and effect from and after its adoption by the Board. ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana, held on December 1, 1997, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana. BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA s/Carl P. Littrell, Member s/James R. Caldwell, Member s/M. Catherine Roemer, Member ATTEST: s/Angela Jacob, Clerk APPROVAL OF UTILITY AGREEMENT - NORTHERN INDIANA PUBLIC SERVICE COMPANY Mr. Caldwell stated that the Board is in receipt of an Agreement between the City of South Bend and Northern Indiana Public Service Company, for gas lines and appurtenances located on Ironwood Drive from Randolph Street to approximately 100 feet south of River Avenue and Lincolnway Avenue from 700 feet west of existing Ironwood Drive to 300 feet east of existing Ironwood Drive and 280 feet of Sixth Street, in South Bend/Mishawaka. Therefore, upon a motion made by Mr. Caldwell, seconded by Ms. Roemer And carried, the Agreement was approved and executed. APPROVAL OF UTILITY AGREEMENT - TCI OF INDIANA Mr. Caldwell stated that the Board is in receipt of an Agreement between the City of South Bend and TCI of Indiana, for cable transmission lines and appurtenances located on Ironwood Drive from Randolph Street to approximately 100 feet south of River Avenue and Lincolnway Avenue from 700 feet west of existing Ironwood Drive to 300 feet east of existing Ironwood Drive and 280 feet of Sixth Street, in South Bend/Mishawaka. Therefore, upon a motion made by Mr. Caldwell, seconded by Ms. Roemer And carried, the Agreement was approved and executed. APPROVAL OF UTILITY AGREEMENT - AMERITECH Mr. Caldwell stated that the Board is in receipt of an Agreement between the City of South Bend and Ameritech of Indiana, for cable transmission lines and appurtenances located on Ironwood Drive from Randolph Street to approximately 100 feet south of River Avenue and Lincolnway Avenue from 700 feet west of existing Ironwood Drive to 300 feet east of existing Ironwood Drive and 280 feet of Sixth Street, in South Bend/Mishawaka. Therefore, upon a motion made by Mr. Caldwell, seconded by Ms. Roemer And carried, the Agreement was approved and executed. APPROVAL OF TRIPLE TRAILER COMBINATION PERMIT Mr. Caldwell stated that the Board is in receipt of a Triple Trailer Combination Permit between the City of South Bend and Roadway Express, Inc., 1415 South Olive Street, South Bend, Indiana, for a Permit to operate Triple Trailers on the route to and from the Toll Road, as submitted. Therefore, upon a motion made by Mr. Caldwell, seconded by Ms. Roemer and carried, the Permit was approved and executed. APPROVAL OF RECOMMENDATION - TO PLACE LUMINARIES IN THE RIGHT-OF-WAY OF PLEASANT STREET - RIVER PARK NEIGHBORHOOD ASSOCIATION Mr. Caldwell stated that favorable recommendations have been received by the Division of Engineering, Police Department and the City Attorney's office, in reference to a request as submitted REGULAR MEETING DECEMBER 1, 1997 by Ms. Kitty Gerschoffer, River Park Neighborhood Association, to place luminaries in the right-of- way of Pleasant Street from Logan to Mishawaka Avenue, on Saturday, December 13, 1997, from 3:30 p.m. until 9:30 p.m. Upon a motion made by Mr. Caldwell, seconded by Ms. Roemer and carried, the recommendation was approved. APPROVAL OF RELEASE OF EASEMENT Upon a motion made by Mr. Caldwell, seconded by Ms. Roemer and carried, an easement of a portion of property between Lots 103 and 113 of Hermitage South Estates Section Two and Section Three, First Replat was released. APPROVE CONTRACTOR AND EXCAVATION BONDS Mr. Larry D. Spradlin, Sr., Engineer, Division of Engineering, recommended that the following Contractors and Excavation Bonds be approved as follows: BOND OF CONTRACTOR William J. Terry Approved Effective December 1, 1997 EXCAVATION BONDS Ray W. Stutzman Approved Effective December 1, 1997 Mr. Caldwell made a motion that the recommendation be accepted and that the Bonds be approved as outlined above. Ms. Roemer seconded the motion which carried. APPROVE CLAIMS Mr. Juan Manigault, Executive Director, WDS of Northern Indiana, submitted one (1) list containing claims in the amount of $119,170.3 S and recommended approval. Ms. Roemer made a motion that the claims be approved and the reports as submitted be filed. Mr. Littrell seconded t.'ie motion which carried. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Ms. Roemer, seconded by Mr. Littrell and carried, the meeting adjourned at 10:13 a.m. BOARD OF PUBLIC WORKS (�z (1 Carl P. Littrell, Member James R. Caldwell, Member M4. a, rine Roemer, M Aber A EST: Angela K. acob, Clerk