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HomeMy WebLinkAbout09/19/94 Board of Public Works MinutesREGULAR MEETING SEPTEMBER 19, 1994 The regular meeting of the Board of Public Works was convened at 9:34 a.m. on Monday, September 19, 1994, by Board President John E. Leszczynski, with Mr. Leszczynski, Mr. James R. Caldwell and Mrs. Jenny Pitts Manier present. Also present was Board Attorney Anne Brunel. AGENDA ITEM ADDED Upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the Public Hearing for Application for Certificate of Public Convenience and Necessity for Walter and Patricia Jones, 5019 Bloomfield Place, South Bend, Indiana, was added. PUBLIC HEARING - APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY - WALTER AND PATRICIA JONES, 5019 BLOOMFIELD PLACE, SOUTH BEND INDIANA Mr. Leszczynski advised that this was the date set for the Board's Public Hearing regarding the license application for Certificate of Public Convenience and Necessity for Walter and Patricia Jones, 5019 Bloomfield Place, South Bend, Indiana. Mr. Leszczynski informed members that at this time recommendations in support of or in opposition to the issuance of the license would be heard. Mr. Leszczynski asked anyone wishing to address the Board in favor of the license application to please do so. Walter and Patricia Jones, 5019 Bloomfield Place, South Bend, Indiana, were present, and Mr. Jones informed the Board that he would like to defer at this time. Mr. Caldwell reminded Mr. Jones that this was the Public Hearing set to determine if Walter and Patricia Jones can meet the requirements for approval of the Certificate of Public Convenience and Necessity. Mr. Jones informed the Board that the City of South Bend does, in fact, need more cab service, and there is sufficient business to support an additional cab company. They currently have two (2) cabs, and hope to expand to ten (10). Mrs. Jones advised the Board that they are truly interested in this business, and they have enough experience to be successful. Further, they will do everything in their power to abide by City ordinance. Mr. Jones is aware that the Board has not been happy with their past behavior in running the business. Further, he noted that the Police Department has not cited them for anything in the past, and if they have, they would have a record in their files. Mr. Jones indicated that if Yellow Cab has a complaint, they should notify the Police Department. It appears that this may be a tactic to exclude them from the taxi cab business. Mr. Leszczynski inquired of the Board if they had any comments or discussion. As there were none, Mr. Leszczynski asked anyone wishing to address the Board in opposition to the issuance of the license application to Walter and Patricia Jones, to please do so at this time. Mr. Kevin Butler, Attorney at Law, One Michiana Square, South Bend, Indiana, representing Yellow Cab Company of South Bend, 710 North Niles Avenue, South Bend, Indiana, was present and reminded the Board that seven or eight months ago, City officials met with representatives of the cab companies though the Spring of 1993, in respect to amending the current ordinance. Mr. Butler commented that the ordinance is not being enforced. Further, when applications are presented to Board for approval, the Board determines if the service is required by necessity, and at the present time, there is not a demand for additional cab service in South Bend. Mr. Butler informed the Board that Mr. Jones has not been in compliance with the ordinance, and is violating the rules. Further, Yellow Cab has contacted the Department of Administration and Finance, recommending that the Board deny his application, as there is not a necessity for additional service to the community. Mr. Roger Woods, of Roseland Cab Company, Post Office Box 643, Notre Dame, Indiana, was present, and informed members of the Board that he is in support of Walter and Patricia Jones operating a cab company. Mr. Woods indicated that they have sufficient qualifications, and know the business as well as the other cab companies. ,. f REGULAR MEETING SEPTEMBER 19, 1994 Also present was Phil Howell, a driver for Yellow Cab Company, 710 N. Niles Avenue, South Bend, Indiana, who indicated that Mr. Jones had picked up passengers on three occasions in the Notre Dame area. Mr. Howell noted that Notre Dame Police had been notified of this action. Mr. Caldwell advised Mr. Howell that Notre Dame is not within the City limits, therefore the City of South Bend has no jurisdiction there. Routes entering and leaving the Notre Dame Campus are accessible outside the City limits. Mr. Ron Ivory, Yellow Cab driver, 1417 E. 3rd Street, Mishawaka, Indiana, informed the Board he has observed Mr. Jones transporting customers in South Bend and at the Michiana Regional Airport. Mr. Caldwell inquired as to dates and times of these actions from Mr. Ivory, who responded by presenting an affidavit indicating Mr. Jones was transporting passengers to and from the Michiana Regional Airport and Notre Dame. Mrs. Manier informed Mr. Ivory that the affidavit had not been signed. Mrs. Darlene Horvath, Office Manager, Yellow Cab Company of South Bend, 710 North Niles Avenue, South Bend, Indiana, informed the Board that the purpose of these statements is not to "attack" the Jones', rather, it is important that all taxi cab companies follow the same rules. Further, Mrs. Horvath indicated that no one seemed to care if any of the cab companies follow the rules and no one wanted to listen. Also, Yellow Cab is concerned with illegal driving, such as driving without a chauffeur's license. Mr. Caldwell reminded Mrs. Horvath that this Public Hearing is only to determine if the Jones' has the proper requirements for the license, and suggested she put this in writing and submit to the City's Legal Department. Also present was Mr. Jeff Firm, 1166 S. Carlisle, South Bend, Indiana, dispatcher for Yellow Cab Company. Mr. Firm informed the Board that he has been a dispatcher for Yellow Cab for approximately eight (8) months, working two (2) days a week, and has reported the actions of Mr. Jones to the South Bend Police Department on several occasions. Mr. Firm indicated that the Police Department should have these reports on file. Ms. Carol Hams, 3918 S. Michigan, South Bend, Indiana, informed the Board that the City of South Bend needs to adopt a new ordinance. Presently, many taxis do not have the drop safes installed. Other cab companies are not adapting to the rules. Ms. Hams feels that the City does not need an additional taxi cab company. 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 made a motion that the Public Hearing be closed. Mrs. Manier seconded the motion which carried. At this time, M. Leszczynski asked Mr. Jones for a rebuttal. Mr. Jones informed the Board that he does drive for a courier service and drives part-time for another cab company. Mr. Jones denies that he has transported passengers in South Bend. He also informed the Board that there is a need for more cabs in the community. He has observed customers waiting at the Michiana Regional Airport waiting for cabs. Mrs. Manier stated that she has been informed of Mr. Jones operating a taxi service in South Bend, and that the Board recognizes that the current ordinance needs to be re-examined. Mr. Jones appear willing and able to operate a taxi cab service. The market should determine the number of cabs in operation in the community. Therefore, Mrs. Manier stated that she is in favor of approving the issuance of a license to Walter and Patricia Jones. Mr. Caldwell stated that he shares in Mrs. Manier's statement. Further, the Legal Department is working on the ordinance for stricter rules and requirements. Penalties also need to be established and carried out. Mr. Caldwell inquired of Mr. Jones where his place of business for the taxi cab service was located. Mr. Jones informed the Board that currently, the service is being operated at their residence, 5019 Bloomfield Place, South Bend, Indiana. Mr. Jones understands that the central place of business must be open 24 hours per day, and that several other cab companies operate out of their homes. Mrs. Manier further stated that the ordinance does not preclude running this type C 1 'Ll REGULAR MEETING SEPTEMBER 19, 1994 of business out of the home. Mr. Caldwell stated that no one has presented to the Board any specifics concerning times and dates where Mr. Jones has been transporting customers. With this information, there is no criteria against opposing the issuance of a license to Walter and Patricia Jones. Therefore, Mr. Leszczynski made a motion to issue a license to Walter and Patricia Jones. Mrs. Manier seconded the motion which carried. APPROVE CONTRACT - COLLEGE FOOTBALL HALL OF FAME - HAVEL BROTHERS - TEMPERATURE CONTROLS Mr. Leszczynski advised that the Board is in receipt of a Contract between Havel Brothers, Box 11269, Ft. Wayne, Indiana, and the City of South Bend Redevelopment Authority through the Board of Public Works. It is noted that the Contract is in the amount of $79,696.00. Therefore, Mr. Leszczynski made a motion that the Contract be approved and executed. Mr. Caldwell seconded the motion which carried. APPROVE COMMUNITY DEVELOPMENT CONTRACT The following Community Development Contract was presented to the Board for approval: Bureau of Housing, Low Income Rehab Program - CD94-102. Marcia Townsend, Community and Economic Development, advised the Board that the targeted goal for the activities under this Program is to provide housing rehabilitation loans, grants, or combination loans and grants to assist forty five (45) low income homeowners with housing rehab activities eligible in the following projects: Affordable Loan Program, Minor Home Repair Loan Program, Home Repair Program for the Elderly and Disabled, and Good Neighbors Home Repair Program. Of the total $450,000.00 budgeted for this activity, no more than $250,000.00, representing that portion of the activity funds which were allocated from entitlement funds, may be spent for activity obligations incurred between l/l/94 and 5/1/94. Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the above referred to Contract was approved and executed. APPROVE SUPPLEMENT AGREEMENT - SIGNALIZATION AND INTERSECTION IMPROVEMENTS OF SIX INTERSECTIONS - PROJECT NO. 94-47 Carl Littrell, Director, Division of Engineering, has requested the approval of the above referred to Supplemental Agreement with Ken Herceg and Associates, 224 W. Jefferson Boulevard, South Bend, Indiana. Mr. Littrell noted that during the course of design of this project, it became necessary to request additional services from Ken Herceg and Associates that were not part of the Agreement for engineering consulting and design services. The Supplemental Agreement would authorize payment of $1,600 in fees for adding Warrant Analysis of the Bendix/Elwood Intersection to the project and $4,500 for surveying on Ireland Road at Michigan. These additions amount to $4,500 and would bring the total cost of the Agreement to $93,100.00. Upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the above referred to Supplemental Agreement was approved. APPROVE SUPPLEMENTAL AGREEMENT - NIMTZ PARKWAY PHASE III - PROJECT NO. 94-46 Carl Littrell, Director, Division of Engineering, has requested the approval of the above referred to Supplemental Agreement with Ken Herceg and Associates, 224 W. Jefferson Boulevard, South Bend, Indiana. Mr. Littrell noted that during the course of design of this project it became necessary to request additional services from Ken Herceg and Associates that were not part of the Agreement for engineering consulting and design services. The Supplemental Agreement would authorize payment of $3,600 in fees for adding a landscape plan to the project and $2,600 for adding two alternate signalization schemes to the bid documents. These additions amount to $5,200 and would bring the total cost of the Agreement to $51,900.00. Upon a motion made by Mrs. Manier, seconded by Mr. Caldwell and carried, the above referred to Supplemental Agreement was approved. REGULAR MEETING SEPTEMBER 19, 1994 APPROVE RELEASE OF CLAIM - PUMP NO. 3 DRIVE REPLACEMENT - SOUTH BEND WASTEWATER TREATMENT PLANT - PROJECT NO 92-89 Mr. Carl Littrell, Director, Division of Engineering, has requested the approval of the above referred to Release of Claim. Mr. Littrell noted that during construction of this project, the Contractor, Shaum Electric Company, Inc., pursued a claim against its insurer, Cincinnati Insurance Company, for damages to a generator that occurred during the course of the work. Shaum Electric requests the Board release Shaum Electric from any additional claims due to this incident. Cincinnati Insurance Company's release was presented to the Board for their approval. Mr. Caldwell made a motion that the Release of Claim be approved. Mrs. Manier seconded the motion which carried. APPROVE CHANGE ORDER - COLLEGE FOOTBALL HALL OF FAME - CASTEEL CONSTRUCTION Mr. Leszczynski advised that Edward Johnson, Reith Riley Construction Co., Inc., Post Office Box 1775, South Bend, Indiana„ has submitted Change Order No. 02.90-01, indicating that the Contract amount be decreased by $928.00, for a new Contract sum including this Change Order in the amount of $139,072.00. Upon a motion made by Mrs. Manier, seconded by Mr. Caldwell and carried, the Change Order was approved. APPROVE CHANGE ORDER - PHILIPPA STREET PAVING - PROJECT NO. 93-47A Mr. Leszczynski advised that Verkler Inc., 4406 Technology Drive, South Bend, Indiana, has submitted Change Order No. 1 indicating that the Contract amount be decreased by $1,158.14 for a new Contract sum including this Change Order in the amount of $32,946.11. Upon a motion made by Mrs. Manier, seconded by Mr. Caldwell and carried, the Change Order was approved. APPROVE CONSENT TO ANNEXATION AND WAIVER OF RIGHTS TO REMONSTRATE Mr. Leszczynski stated that the Board is in receipt of a Consent to Annexation and Waiver of Right to Remonstrate as submitted by Jerome and Etta M. Lakes, 17702 Douglas Road. The Consent indicates that in consideration for permission to tap into the public sanitary sewer system of the City, to provide sanitary sewer service to 17702 Douglas Road, South Bend, Indiana, (Key # 02-2023- 0535.02 and 02-2023-0535.04), the Lake's waive and release any and all right to remonstrate against or oppose any pending or future annexation of the property by the City of South Bend. Therefore, Mrs. Manier made a motion that the Consent be approved. Mr. Caldwell seconded the motion which carried. APPROVE INDEMNIFICATION AND HOLD HARMLESS AGREEMENT - GUS MACKER 3- ON-3 BASKETBALL TOURNAMENT Mr. Leszczynski stated that the Board is in receipt of Indemnification and Hold Harmless Agreement for the above referred to event, that was held on September 17 & 18, 1994, along the East Race Waterway. The Agreement utilized the following property during the above mentioned tournament: St. Joseph Medical Center Upon a motion made by Mrs. Manier, seconded by Mr. Caldwell and carried, the Agreement was approved. AWARD BID - MISCELLANEOUS VEHICLES Mr. Matthew Chlebowski, Director, Division of Equipment Services, advised the Board that on May 2, 1994, bids were received and opened for the above referred to project. After reviewing those bids, Mr. Chlebowski recommends that the Board award the contract to the following bidder: GATES CHEVROLET Two (2) 4WD Utility Vehicles Price per Unit $19,084.62 Total $3 8,169.26 4r REGULAR MEETING SEPTEMBER 19. 1994 GATES CHEVROLET Three (3) 3/4 Ton Pick -Up Trucks Price per Unit $15,200.33 Optional A/C - $668.15 Total $45,600.00 GATES CHEVROLET One (1) Mini Cargo Van Price per Unit $14,433.85 Total $14,433.85 GATES CHEVROLET One (1) 15,000 lb. GVW Chassis Price per Unit $21,429.60 Total $21,429.60 GATES CHEVROLET One (1) 12 ft. Step Van Price per Unit $23,909.00 Total $23,909.00 GATES CHEVROLET One (1) Full Size Cargo Van Price per Unit $14,830.05 Total $14,830.05 Therefore, Mr. Leszczynski made a motion that the recommendation be accepted and the bids be awarded as outlined above. Mrs. Manier seconded the motion which carried. APPROVE RUBBISH AND GARBAGE REMOVAL LICENSE APPLICATION Mr. Leszczynski advised that the following Rubbish and Garbage Removal Service license application has been received: Douglas Guest 225 S. Logan Street South Bend, Indiana It was noted that the inspections of the trucks to be used have been conducted by the Solid Waste Bureau and the applicant was found to be in compliance. Additionally, the Department of Code Enforcement has reviewed the application and recommends approval. Therefore, Mr. Caldwell made a motion that the application be approved. Mr. Manier seconded the motion which carried. APPROVAL - RESOLUTION #36-1994 - SCRAP METAL DEALER - SOUTH BEND SCRAP AND PROCESSING, DIVISION STURGIS IRON & METAL CO. INC. Mr. Leszczynski informed members of the Board that the above referred to Resolution has been submitted for Board approval. Further, in accordance with the procedure for the renewal of license applications for Scrap Metal/Junk Dealers/Recycling Operations and Transfer Station operations, an inspection of the premises of South Bend Scrap & Processing who has submitted a renewal license application was conducted by the Fire Prevention Bureau and the Department of Code Enforcement. South Bend Scrap & Processing was found to be in compliance. Upon a motion made by Mrs. Manier, seconded by Mr Caldwell and carried, the following Resolution was forwarded to the City Council for their consideration BOARD OF PUBLIC WORKS RESOLUTION NO. 36-1994 REGULAR MEETING SEPTEMBER 19 1994 WHEREAS, scrap metal/junk dealers/transfer stations license renewal applications for the year 1994 have been received by the Board of Public Works; and WHEREAS, inspections of the properties have been completed by the Department of Code Enforcement and the Fire Prevention Bureau as required by Chapter 4, Article 4, Section 4-51 of the Municipal Code; and WHEREAS, the Department of Code Enforcement and the Fire Prevention Bureau have found that such premises are fit and proper for the maintenance and operation of such businesses; and WHEREAS, Chapter 4, Article 4, Section 4-51 of the Municipal Code requires adoption of a Resolution of the Board of Public Works recommending the renewal of the license applications. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend, Indiana, that the license renewal applications for the following be recommended favorably based upon the satisfactory review of the properties by the Department of Code Enforcement and the Fire Prevention Bureau: SOUTH BEND SCRAP AND PROCESSING DIV. STURGIS IRON & METAL CO., INC. 1305 Prairie Avenue South Bend, Indiana 46613 BE IT FURTHER RESOLVED that this Resolution shall be submitted to the Common Council for its consideration and adoption of an appropriate Resolution. DATED this j day of September, 1994. BOARD OF PUBLIC WORKS s/John E. Leszczynski, President s/James R. Caldwell, Member s/Jenny Pitts Manier, Member ATTEST: s/Angela K. Jacob, Clerk APPROVE TITLE SHEETS - CLEVELAND ROAD OVERLAY WEST OF BENDIX AND CLEVELAND ROAD LEFT TURNING MOVEMENTS FROM BENDIX DRIVE TO PORTAGE AVENUE - TAWNEY LAKE - SECTION FOUR Mr. Leszczynski advised that the Title Sheets for the above referred to projects were being presented at this time for execution. Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the above referred to Title Sheets were approved and signed. , 25, 1993 REQUEST TO RENAME A PORTION OF OLD CLEVELAND ROAD TO NIMTZ PARKWAY Mr. Leszczynski advised the members that the Board is in receipt of the above mentioned requests, and recommend they be referred to the appropriate departments and bureaus for recommendations. Mr. Caldwell made a motion that they be referred, and Mrs. Manier seconded the motion which carried. 1 REGULAR MEETING SEPTEMBER 19 1994 REQUEST TO ADVERTISE FOR A 22' ROLL OFF TRUCK WITH ARTICULATING CRANE FOR USE BY THE DEPARTMENT OF ENVIRONMENTAL SERVICES Mr. Matthew Chlebowski, Director, Division of Equipment Services, requested permission to advertise for the above referred to equipment. Upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the request was approved. APPROVE RECOMMENDATION - B&R OIL COMPANY TO ENCROACH ONTO THE PUBLIC RIGHT-OF-WAY Mr. Mike Dobson, B&R Oil Company, 227 E. Cleveland Road, Granger, Indiana, requested permission to install an ATM on the public right-of-way at their business at 3301 North Portage Avenue. Further, the Division of Engineering, Police Department, St. Joseph County Building Department and the Redevelopment Design Review Committee have given favorable recommendations. Therefore, Mr. Caldwell made a motion to approve the request, subject to the easement. Mrs. Manier seconded the motion which carried. APPROVE IRREVOCABLE STANDBY LETTERS OF CREDIT: - NO. 911 - GOLDEN OAK VILLAGE LIMITED PARTNERSHIP Mr. Larry D. Spradlin, Sr., Engineer, Division of Engineering, submitted the following Irrevocable Standby Letters of Credit to the Board and recommended approval: IRREVOCABLE STANDBY LETTERS OF CREDIT NO 911 ISSUED BY: Valley American Bank P.O. Box 328 South Bend, Indiana FOR: Miller Builders, Inc./Golden Oak Village Limited Partnership P.O. Box 229 Granger, Indiana AMOUNT: $50,000.00 EXPIRES: March 14, 1995 IMPROVEMENT: Curbs, streets and storm drains in Section I of the Golden Oak Village Subdivision, South Bend, Indiana IRREVOCABLE STANDBY LETTER OF CREDIT NO. S94/92760/9113 AMENDMENT NO. 1 ISSUED BY: FOR: AMOUNT: Society National Bank 127 Public Square Cleveland, Ohio 44114 Cross Creek, Inc. 828 E. Jefferson Blvd. South Bend, Indiana $82,350.00 EXPIRES: December 13, 1994 IMPROVEMENT: Curb, asphalt base, asphalt surface, asphalt binder, sidewalks and street lights in the proposed Phase III of Cross Creek subdivision NOTE: This amended Letter of Credit for Cross Creek Phase III, Section six replaces previous #S- 9113. IRREVOCABLE STANDBY LETTER OF CREDIT NO. S94/92741/8866 AMENDMENT NO.4 ISSUED BY: Society National Bank 127 Public Square Cleveland, Ohio 44114 Orf�3 REGULAR MEETING FOR: AMOUNT: Cross Creek, Inc. 828 E. Jefferson Blvd. South Bend, Indiana $8,883.00 SEPTEMBER 19. 1994 EXPIRES: August 15, 1995 IMPROVEMENT: Curb, asphalt base, asphalt surface, asphalt binder, sidewalks and street lights in the proposed Phase III of Cross Creek subdivision Note: This amended Letter of Credit for Cross Creek Phase III, Section six replaces previous #S- 9113. Mr. Caldwell made a motion that the Letters of Credit, as outlined above, be approved. Mrs. Manier . seconded the motion which carried. APPROVE EXCAVATION AND/OR CONTRACTORS BONDS Mr. Larry Spradlin, Division of Engineering, recommended that the following Contractors and Excavations Bonds be approved as follows: EXCAVATION BONDS Steve Carlisle & Leroy Love d/b/a/ La Excavating Approved Effective 9/19/94 Majority Builders, Inc. Approved Effective 9/19/94 BOND OF CONTRACTOR Majority Builders, Inc. Approved Effective 9/19/94 Mr. Leszczynski made a motion that the recommendations be accepted and that the Bonds be approved as outlined above. Mr. Caldwell seconded the motion which carried. FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORTS Mr. Leszczynski advised that the Department of Code Enforcement has submitted two (2) lists containing thirty (30) City owned and miscellaneous properties which were cleaned by the Department on September 6, 1994. Mr. Caldwell made a motion that the lists as submitted be accepted for filing. Mrs. Manier 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 10:12 a.m. BOARD OF PUBLIC WORKS John E. Leszczynski, President ;Z James R. d2ddwelfl, Member (i7iti(il,-- enny Pitts er, Member ATTEST: IFI LT.'N/�RrtF l Ange4a K. Jaco19, Clerk