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HomeMy WebLinkAbout03/14/94 Board of Public Works Minutesl 126 REGULAR MEETING MARCH 14, 1994 The regular meeting of the Board of Public Works was convened at 9:33 a.m. on Monday, March 14, 1994, by Board President John E. Leszczynski, with Mr. Leszczynski, Mr. James R. Caldwell and Mrs. Jenny Pitts Manier present. Also present was Assistant City Attorney Anne Bruneel. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the minutes of the regular meeting of the Board held on March 7, 1994, were approved as submitted. PUBLIC HEARING TABLED TRANSIENT MERCHANTS LICENSE - SHARON DRYBROUGH, TRANEX CAR SALES, INC., D/B/A VAL CAR RENTAL SALES Mr. Leszczynski advised that this was the date set for the Board's Public Hearing regarding the application for a Transient Merchants license for Sharon H. Drybrough, Tranex Car Sales, Inc., d/b/a Va1Car Rental Car Sales, 5314 West 38th Street, Indianapolis, Indiana. It is noted that Ms. Drybrough has applied for this license in order to conduct a used vehicle sale on Wednesday, April 13, 1994 through Friday, April 15, 1994 from 9:00 a.m. to 9:00 p.m. and on Saturday, April 16, 1994, from 9:00 a.m. to 6:00 p.m. in the K-Mart parking lot, 4640 South Michigan Street, South Bend, Indiana. The Board was informed that Ms. Drybrough telephoned and advised that she is in route from Indianapolis to attend this hearing. Mr. Craig Kapson, 1401 Olivia Circle, South Bend, Indiana, representing Jordan Ford, 609 East Jefferson Boulevard, Mishawaka, Indiana, was present and informed the Board that he is against the proposal to allow this company to conduct a used car sale in the City. Mr. Kapson stated that the City is setting a precedent in not protecting the citizens. He noted that the purchase of an automobile is the second largest purchase a person makes. He believes that the Board needs to look at this issue and realize that granting this license does nothing to protect the citizens and there is nothing to take care of them after they have made their purchase. When the vehicle is out of warranty, individuals then go to their local dealers for service. Mr. Kapson further stated that he believes the Board must look at what protection is being provided to the local citizen and what service is being offered to the community. Mr. Bill Gates, 21855 Roosevelt Road, South Bend, Indiana, representing Gates Chevrolet Corporation, 401 South Lafayette Boulevard, South Bend, Indiana, stated that, on behalf of the New Car Association, he is in agreement with Mr. Kapson's statements. Mr. Gates stated that on December 9, 1993, Mr. Van E. Gates, President and Owner of three (3) dealerships sent a letter to Mr. Leszczynski concerning this issue. Mr. Bill Gates read to members of the Board the December 9, 1993, letter from Van E. Gates to Mr. Leszczynski. The letter stated that they are concerned about the number of Budget Car Sales conducted in South Bend by an Indianapolis firm. Mr. Van Gates stated that in the car business they expect and welcome competition. There are approximately sixteen (16) new car dealer locations in South Bend/Mishawaka. The phone book lists ninety- four (94) places to buy used cars in South Bend/Mishawaka. These new and used car outlets are established dealers paying taxes and providing a permanent facility for after sale customer service. What they are concerned about, are these "gypsy" sales like Budget where they come to town and rent an open lot for two (2) days to sell cars. This merchandising provides the customer with no facility for service or parts. Once the car is purchased the seller is gone. They pay no taxes, contribute nothing to the r] 1 11 127 REGULAR MEETING MARCH 14, 1994 City. Most of these cars are high mileage rental cars. Mr. Van Gates further noted that he has observed 1993 models with over 40,000 miles. Expectations are high but the customer has no factory warranty at this mileage even though the car is a 1993. In the interest of a fair deal for the consumer and a fair sharing of the expenses of running the City, Mr. Van Gates asked that the Board consider not granting future sales permits to these people. Mr. Bill Gates indicated that considering all the support they have given to the City he would expect a little better deal from the City in this regard. Mr. Leszczynski inquired of Board Attorney Anne Bruneel what kind of latitude the Board has in this matter. Mr. Leszczynski noted that he agrees with Mr. Kapson and Mr. Gates but is unsure what discretion the Board has in this matter. Mrs. Bruneel stated that the Board can deny a transient merchants license when they have evidence that the applicant has been conducting fraudulent sales practices. However, in this particular matter, the Board does not have such evidence. Mrs. Bruneel noted that some suspicions exist but there is no evidence. confirming those suspicions. She also noted that the Board has not received any citizen complaints. As the ordinance is currently written, there are limited reasons to deny this license: The major reason for denial is fraudulent business practices. . Board Attorney Jenny Pitts Manier inquired if the applicant is required to provide any type of bond when they file their application. Mrs. Bruneel advised that no bond is required for this license. Mrs. Bruneel pointed out to members of the Board that the application contains the names and addresses of the officers of the corporation as well as the name and address of a contact person who will be available for at least sixty (60) days following the last date of business who will respond to consumer complaints. Mrs. Bruneel further noted that background checks are conducted of the applicant and that is the area where a basis for denial. would surface. In this case, the background check by the Police Department did not reveal any information that would be cause for denial. Mr. Leszczynski asked that Mrs. Bruneel review the appropriate ordinance and determine what could be amended to answer the concerns raised by Mr. Gates and Mr. Kapson. Mrs. Bruneel indicated to Board members that this ordinance is being reviewed for another reason at the present time and she would be happy to review the ordinance for this particular concern. Mr. Kapson stated that the City should define the ordinance and place a value on goods. He stated that when itinerant merchants conduct sales at such places as Century Center, it is Century Center that would mediate any problems that might arise. However, when a vacant lot is used there is no one for the citizens to deal with about any problems that have arisen. As Ms. Drybrough still was not in attendance, Mr. Caldwell made a motion that the Public Hearing and recommendation concerning this license be tabled until the next regular meeting of the Board to be held on March 21, 1994. Mrs. Manier seconded the motion which carried. PUBLIC HEARING AND APPROVAL OF TRANSIENT 'MERCHANTS LICENSE - ITZHAK ELHARAR Mr. Leszczynski advised that this was the date set for the Board's Public Hearing regarding the application for a Transient Merchants REGULAR MEETING MARCH 14, 1994 license for Itzhak Elharar, 52 Hancock Street, Bedford, Massachusetts, to conduct an Oriental Rug Auction at the Century Center on March 26, 1994. Mr. Mark Bradley, staff member, Century Center, representing Mr. Elharar, was present and informed members of the Board that this auction has been held at Century Center numerous times and they have never had any complaints or problems. He noted that they have received many inquiries from individuals interested in this auction. There being no one else present wishing to address the Board concerning this matter and no written Memorandum in support of or in opposition to the issuance of the license being received, Mr. Leszczynski closed the Public Hearing on this matter. It is noted that the Board is in receipt of favorable recommendations concerning this license application from the Police Department, Fire Department and the Building Department. Therefore, Mr. Caldwell made a motion that the application be approved and referred to the Deputy Controller's office for issuance of a license. Mr. Leszczynski seconded the motion which carried. APPROVE REQUEST OF POLICE DEPARTMENT TO CONDUCT ANNUAL AUCTION - APRIL 23, 1994 Police Chief Ronald G. Marciniak informed the Board that the Police Department wishes to conduct a public auction of unclaimed property as allowed by law. Chief Marciniak noted that with permission from the Board, the auction will be conducted by Kaser's Auction Service, a licensed auctioneer, on April 23, 1994, at 8:30 a.m. Viewing of items offered for sale will begin at 8:00 a.m. The items to be sold include bicycles, tools, television sets, stereos, VCR's, a gas grill, lawn mowers, a chain saw, a leaf blower, weed cutter and much more. The auction will be conducted in the garage at the rear of the Police Station at 701 West Sample Street. Mr. Leszczynski made a motion that this request to conduct an auction be approved. Mr. Caldwell seconded the motion which carried. APPROVE CONTRACT FOR SALE OF PERSONAL PROPERTY AT PUBLIC AUCTION Mr. Leszczynski noted that the Board is in receipt of a Contract for Sale of Personal Property at Public Auction as submitted by Kaser's Auction Service, 69099 Sycamore Road, North Liberty, Indiana, to conduct an Auction at the South Bend Police Department on April 23, 1994 at 8:30 a.m. It is noted that Kaser's Auction Service shall receive eight per cent (8%) commission. Mrs. Manier made a motion that this Contract be approved. Mr. Caldwell seconded the motion which carried. APPROVE COMMUNITY DEVELOPMENT ADDENDA The following Community Development Addenda were presented to the Board for approval: ADDENDUM II SOUTH BEND POLICE DEPARTMENT NEIGHBORHOOD PATROL ACTIVITY Addendum II extends the Contract to February 28, 1994. ADDENDUM IV DIVISION OF PLANNING AND NEIGHBORHOOD DEVELOPMENT Addendum IV incorporates the new modification to the prevailing wages decision. 1 1 1 1-29 REGULAR MEETING Upon a motion made by and carried, the above executed. MARCH 14, 1994 Mr., Leszczynski, seconded by Mr. Caldwell referred to Addenda were approved and APPROVE PROPERTY DAMAGE RELEASE Leader National Insurance Company, 4807 Rockside Road, Cleveland, Ohio, submitted to the Board a Property Damage Release form indicating that $3,305.82 is to be paid to the City as settlement for damage done by Mr. Gerald Toth to a City flasher located on Locust Road. It was noted that Board Attorney Anne Bruneel has reviewed this Release and recommends that it be approved and executed. Therefore, Mrs. Manier made a motion that the Release be approved. Mr. Caldwell seconded the motion which carried. APPROVE CHANGE ORDER - TWYCKENHAM DRIVE Mr. Bob Allen, Manager, Bureau of Public Construction, Division of Engineering, submitted to the Board a Change Order for the above referred to project indicating an increase of $65,489.00 for pipe reinforced concrete. Mr. Allen noted that the Change Order is to correct an error in the proposal. The quantity needed to do the job is 1,350 Lft. of pipe and the proposal indicated 135 Lft. This was an error made by the State Highway Commission. Mr. Leszczynski made a motion that this Change Order be approved. Mrs. Manier seconded the motion which carried. APPROVE REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - SALE OF ABANDONED VEHICLES Mrs. Kathy Dempsey, Director, Department of Code Enforcement, requested permission to advertise for the sale of approximately eleven (11) abandoned vehicles, which are being stored at Super Auto Salvage Corporation, 3300 South Main Street, South Bend, Indiana. It was noted that all vehicles have been stored more than fifteen (15) days, identification checks had been run for auto theft and the owners and lienholders notified. Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the above request was approved and a date of March 28, 1994, was established for the receiving and opening of sealed bids. APPROVE REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - INTERIOR FURNISHINGS - BLACKTHORN GOLF COURSE CLUBHOUSE In a Memorandum to the Board, Mr. Carl P. Littrell, Director, Division of Engineering, requested that the Board advertise for the receipt of bids for furnishings for the Blackthorn Golf Course Clubhouse. Mr. Littrell noted that specifications for these items were prepared by IDS/B, Inc., of Dallas, Texas, under contract with the Department of Community and Economic Development. Mrs. Manier made a motion that this request be approved. Mr. Leszczynski seconded the motion which carried. REQUESTS REFERRED: Upon a motion made by Mr. Caldwell, seconded by Mr. Leszczynski and carried, the following requests were referred to the appropriate City departments and bureaus for review and recommendation: FOR DESIGNATED HANDICAPPED PARKING SPACE - 1338 WEST DUNHAM STREET Mr. John Dombrowski, 1338 West Dunham Street, South Bend, Indiana, advised the Board that he recently had his leg amputated and would like the parking space in front of his residence designated as a handicapped parking space. - 130 REGULAR MEETING MARCH 14, 1994 - OF GRAND ENCAMPMENT OF INDIANA TO CONDUCT ANNUAL MOTORCADE TO CITY CEMETERY - MAY 15, 1994 Mr. Paul T. Kunz, Grand Patriarch, Grand Encampment of Indiana, 56060 Currant Road, Mishawaka, Indiana, advised the Board that on May 15, 1994, the Odd Fellows and Rebekahs will make their annual pilgrimage to the grave of Schuyler Colfax in the City Cemetery. They will assemble at Odd Fellows Temple, 1625 North Bendix Drive, at 1:30 p.m. and the motorcade will leave for the City Cemetery at 1:40 p.m. They will have twenty-five (25) cars in the motorcade. OF FRATERNAL ORDER OF POLICE TO ENCROACH ONTO THE PUBLIC RIGHT-OF-WAY AT 1530 SOUTH MAIN STREET Mr. Charles D. Eakins, Fraternal Order of Police Lodge #36, South Bend, Indiana, advised that the FOP Lodge #36 requests an Occupancy Permit to install a 3611x44" concrete stoop (landing) outside a recently installed emergency exit door located in front of their building at 1530 South Main Street. Both the door and the stoop are required by the City of South Bend Building Department. Mr. Eakins noted that this stoop would extend 44" away from the building, approximately 4" in height and would encroach upon the City sidewalk. However, the width of the existing sidewalk is sufficient that there would still be 4'6" of sidewalk width for public use after installing the stoop. In addition, to alleviate a hazard for the public using the sidewalk, they will also install posts and handrails 36" high on both sides of the stoop which will be made clearly visible to prevent the public from walking into or tripping on the stoop. OF RIVERPARK BUSINESS ASSOCIATION, INC. TO CONDUCT ANNUAL PARADE - AUGUST 20, 1994 Ms. Mary Jo Costello, President, Riverpark Business Association, Inc., 2926 Mishawaka Avenue, South Bend, Indiana, advised that the Association will again be holding their annual "River Park Day Festival" on August 20, 1994. Therefore, Ms. Costello requested permission to close Mishawaka Avenue, from Ironwood to 35th Street, for the annual parade which will begin at 10:00 a.m. and finish at approximately 12:00 noon. OF INTERFAITH CHRISTIAN UNION, INC., TO CONDUCT "WALK FOR JESUS" - JUNE 25, 1994 Reverend Sylvester Williams, Jr., Executive Director, Interfaith Christian Union, Inc., P.O. Box 3931, South Bend, Indiana, advised that on June 25, 1994, a worldwide "Walk for Jesus" will be conducted. The theme this year is "A Day To Change The World." Several area church leaders are desiring to have a "Walk For Jesus" which will begin at 10:00 a.m. at Holy Cross Catholic Church, 1520 Vassar Street (corner of Vassar and Wilber) and proceed south to Lincolnway West, east on Lincolnway West to Chapin Street, south on Chapin Street to Washington Street to Main Street. They would then have a short program and offer prayer in the City parking lot east of the TRANSPO bus transfer station. Reverend Williams noted that this is all part of the "Violent Free Campaign" Proclamation that Mayor Kernan will issue the first of June. OF RELAXATION, INC., D/B/A LA-Z-BOY FURNITURE GALLERIES, TO OCCUPY THE PUBLIC RIGHT-OF-WAY FOR UNLOADING INVENTORY Mr. Thomas M. Walz, President, Relaxation, Inc., d/b/a La-Z- Boy Furniture Galleries, 211 West LaSalle Avenue, South Bend, 1 1 1 1 1 REGULAR MEETING MARCH 14, 1994 Indiana, submitted a request for permission to utilize the alley to the north of their business premises for the purpose of docking a semi -truck for unloading inventory coming into their store. They predict the frequency of having to use the proposed overhead door on the north elevation of their building should be no more often than once a month, in light of the fact that their primary freight dock will be the dock on the east elevation of their building, not in the public right-of-way. It is noted that the alley would be blocked for anywhere from one-half hour to three (3) to four (4) hours and that no other vehicles would be able to pass in the alley during this time. The dock on the north elevation of the building will be a protected opening and they will meet all building code requirements. Mr. Walz submitted with his request a drawing setting forth the proposed dock on their north elevation and an indication of their proposed use of the same. Mr. Walz further noted that it is critically important to the success of their project that they be allowed to use the alley to the north of their business premises for docking purposes. PETITION FOR THE ESTABLISHMENT OF A RESTRICTED RESIDENTIAL PARKING ZONE - 703-711 LELAND AVENUE - REFERRED Ms. Melissa J. Rice, 703 Leland Avenue, South Bend, Indiana, submitted to ;the Board a Petition for the Establishment of a Restricted Residential Parking Zone from 703-711 Leland Avenue. Ms. Rice noted that parking in the neighborhood is especially difficult year round after 5:00 p.m., particularly from 7:00 to 10:30 p.m. and all day long during the summer as they are located near the South Bend Firehouse Theater. Mr. Caldwell made a motion that this request be referred to the Bureau of Traffic and Lighting in order that a traffic study can be conducted in the area. Mrs Manier seconded the motion which carried. REQUESTS APPROVED: - OF CITY AWNING OF SOUTH BEND TO INSTALL CANOPY TYPE AWNING AT MACADOO RESTAURANT (2714 MISHAWAKA AVENUE) - OF YWCA TO CONDUCT ANNUAL RUN JANE RUN - AUGUST 27 1994 - OF HOSPICE OF ST. JOSEPH COUNTY TO CONDUCT ANNUAL WALK FOR HOSPICE - OCTOBER 9, 1994 - OF SOUTH BEND AREA CRIME STOPPERS INC. TO CONDUCT ANNUAL MOONLIGHT WALK - JUNE 12 1994 Mr. Leszczynski advised that the above referred to requests, which were submitted to the Board on February 14, 21 & 28, 1994, have been reviewed by the various City departments and bureaus and approval is recommended. Therefore, Mrs. Manier made a motion that the recommendations be accepted and the requests be approved. Mr. Caldwell seconded the motion which carried. APPROVE SECONDHAND DEALERS LICENSE APPLICATIONS Mr. Leszczynski stated that the following secondhand dealers license applications have been received: 1. NAME: BY: ADDRESS: FOR THE PURPOSE OF SELLING: 2. NAME: BY: ADDRESS: FOR THE PURPOSE OF SELLING: WHOLESALE SURPLUS Jack Ford 922 South Michigan Street Cabinets, flooring, trim P. & K. FURNITURE Karen K. Raymond 1301 East Calvert Street New and Used Furniture 1.32 REGULAR MEETING 3. NAME: BY: ADDRESS: FOR THE PURPOSE OF SELLING: MARCH 14, 1994 WEST END TRADING COMPANY Jerry C. Beatty 1222 West Western Avenue New and secondhand merchandise Mr. Leszczynski further advised that favorable recommendations have been received from the Bureau of Traffic and Lighting, Department of Code Enforcement, Police Department and Fire Department concerning the above applications. Upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the above license applications were approved and referred to the Deputy Controller's office for issuance of licenses. APPROVE RUBBISH AND GARBAGE REMOVAL LICENSE APPLICATION Mr. Leszczynski advised that the following Rubbish and Garbage Removal Service license application has been received: 1. Milton Lax 750 North Olive Street South Bend, Indiana It was noted that an inspection of the truck to be used has been conducted by the Solid Waste Bureau and the applicant was found to be in compliance. Additionally, the Department of Code Enforcement has reviewed this application and recommends approval. Therefore, Mr. Caldwell made a motion that the application be approved. Mrs. Manier seconded the motion which carried. APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the following four (4) traffic control devices were approved: REMOVAL OF: RESTRICTED RESIDENTIAL PARKING ZONE LOCATION: 708 & 702 Lafayette Boulevard REMARKS: Houses are now owned by Memorial Hospital and the signs are not needed. NEW INSTALLATION: NO PARKING - TOW ZONE LOCATION: South Main and Fairview - southeast and northeast corners. Radius plus 301. REMARKS: Repair shops on both corners and employees are parking too close to the intersection causing sight and traffic hazard. South Bend Police Department and Department of Code Enforcement have received complaints. NEW INSTALLATION: HANDICAPPED PARKING SPACE LOCATION: 211 West Ireland REMARKS: Ms. Kimra Cavinder has met all the requirements. NEW INSTALLATION: NO PARKING - TOW ZONE 12:00 A.M. - 5:00 A.M. LOCATION: Woodward Court, Washington to Colfax. Both sides. REMARKS: Requested by the South Bend Police Department. 133 1 REGULAR MEETING MARCH 14, 1994 FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORTS Mr. Leszczynski advised that the Department of Code Enforcement has submitted two (2) lists containing forty-one (41) City owned and miscellaneous properties which were cleaned by the Department from February 21, 1994 to March 4, 1994. Mr. Leszczynski made a motion that the lists as submitted be accepted for filing. Mrs. Manier seconded the motion which carried. APPROVE CLAIMS Mr. Kevin Horton, City Controller, submitted claims in the amount of $841,938.82 and recommended approval. Additionally, Mr. Juan Manigault, Executive Director, WDS of Northern Indiana, submitted a list containing claims in the amount of $58,803.05 and recommended approval. Further, the Department of Economic Development, has submitted the following claim: SOUTH BEND REDEVELOPMENT AUTHORITY ECONOMIC DEVELOPMENT AREA PUBLIC IMPROVEMENT PROJECT CONSTRUCTION FUND (TAX EXEMPT IMPROVEMENTS) PAYMENT REQUISITION AND CERTIFICATE FOR PAYMENT OF THE BOARD OF PUBLIC WORKS Claim No.: 126 Project: Blackthorn Golf Course Parking Lot Payee: Rieth-Riley Construction 25200 State Road 23 South Bend, Indiana Amount: $51,431.58 Mr. Leszczynski made a motion that the claims be approved and the reports as submitted be filed. Mr. Caldwell seconded the motion which carried. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the meeting adjourned at 9:52 a.m. AT ST: 4 � Sandra M. Parmerlee, Clerk BOARD OF PUBLIC WORKS i gin E. Le zczy s i am e Cald ll enny Pi is Manier