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HomeMy WebLinkAbout03/02/92 Board of Public Works MinutesIm REGULAR MEETING MARCH 2, 1992 The regular meeting of the Board of Public Works was convened at 9:35 a.m. on Monday, March 2, 1992, by Board President John E. Leszczynski, with Mr. Leszczynski and Mr. James R. Caldwell present. Also present was Chief Assistant City Attorney Jenny Pitts Manier. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Leszczynski, seconded by Mr. Caldwell and carried, the minutes of the regular meeting of the Board held on February 24, 1992, were approved. OPENING OF BIDS - "C" HALL AND SALES OFFICE RENOVATION (CENTURY CENTER) Mr. Leszczynski advised that this was the date set for the Board's opening of sealed bids for the above referred to Century Center Project. The following bids were opened and read: KASER-SPRAKER CONSTRUCTION, INC. 25487 West State Road 2 P.O. Box 3605 South Bend, Indiana 46619 Bid was signed by Mr. Gary L. Spraker, President. BID: $458,260.00 Alternate No. 1: Add $10,450.00 Alternate No. 2: Deduct $ 620.00 ZIOLKOWSKI CONSTRUCTION, INC. 1005 South Lafayette Boulevard P.O. Box 1106 South Bend, Indiana 46624 Bid was signed by Mr. Ben Ziolkowski, President. BID: $428,048.00 Alternate No. 1: Add $ 8,308.00 Alternate No. 2: Deduct $ 1,000.00 CASTEEL CONSTRUCTION CORPORATION P.O. Box 628 South Bend, Indiana 46624 Bid was signed by Mr. R.V. Casteel, President. BID: $437,000.00 Alternate No. 1: Add $10,300.00 Alternate No. 2: Add $ 6,000.00 GIBSON-LEWIS, INC. P.O. Box 488 1001 West llth Street Mishawaka, Indiana 46544 Bid was signed by Mr. Robert Carpenter, President. BID: $424,000.00 Alternate No. 1: Add $ 8,400.00 Alternate No. 2: Add $ 2,800.00 HARRY J. VERKLER, CONTRACTOR, INC. 645 North Wilber Street P.O. Box 3608 South Bend, Indiana 46619 REGULAR MEETING MARCH 2, 1992 BID: $454,000.00 Alternate No. 1: Add THE ROBERT HENRY CORPORATION 404 South Frances Street P.O. Box 1407 South Bend, Indiana 46624 Bid was signed by Mr. Robert A. Henry, President. BID: $402,800.00 $17,000.00 Alternate No. 1: Add $ 8,540.00 Alternate No. 2: Add $ 500.00 Voluntary Alternate No. 1: Deduct $ 700.00 Voluntary Alternate No. 2: Deduct $1,000.00 Voluntary Alternate No. 3: Deduct $3,600.00 MAJORITY BUILDERS, INC. 62900 U.S. 31 South South Bend, Indiana 46614 Bid was signed by Mr. Richard E. Slagle, President. BID: $389,900.00 Alternate No. 1: Add $10,325.00 Alternate No. 2: Deduct $ 2,143.00 Voluntary Alternate No. 1: Add $3,800.00 Voluntary Alternate No. 2: Deduct $3,500.00 Upon a motion made by Mr. Leszczynski, seconded by Mr. Caldwell and carried, the bids were referred to Century Center for review and recommendation. OPENING OF BIDS - SALE OF (1) 1985 PIERCE MIDI PUMPER (FIRE DEPARTMENT) This was the date set for receiving and opening of sealed bids for the sale of the above referred to fire truck. The Clerk tendered proofs of publication of Notice in the South Bend Tribune and the Tri-County News which were found to be sufficient. The following bid was opened and read: OSOLO TOWNSHIP VOLUNTEER FIRE DEPARTMENT INC. 24936 Buddy Street Elkhart, Indiana 46514 Bid was submitted by Jerrold B. Miller, Chief/President Osolo Township Volunteer Fire Department, Inc., and Dale Longacre, Chairman of the Board, Osolo Township Volunteer Fire Department, Inc. BID: $57,551.00 Upon a motion made by Mr. Caldwell, seconded by Mr. Leszczynski and carried, the above bid was referred to the Fire Department for review and recommendation. RESOLUTION NO. 6-1992 - ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA IN GERMAN TOWNSHIP - WITHDRAWN It was noted that the Board is in receipt of a Memorandum from Mr. Larry Magliozzi, Department of Economic Development, submitting a letter from Mr. Indukumar Amin, Airport Motel, 23040 U.S. 20, South Bend, Indiana, indicating that he had filed a Petition for Voluntary Annexation but after studying all the aspects he has decided to withdraw his Petition. Mr. Magliozzi 1 REGULAR MEETING MARCH 2, 1992 stated that Mr. Amin is aware that if he intends to pursue annexation at a later date he will have to petition the City Council with a new request. Therefore, Mr. Leszczynski made a motion that the Resolution as previously prepared and tabled by the Board on February 10, 1992, in this regard, be withdrawn at this time. Mr. Caldwell seconded the motion which carried. ADOPT RESOLUTION NOS. 10-1992 AND 11-1992 - DISPOSAL OF SERVICE REVOLVERS (POLICE DEPARTMENT) Mr. Leszczynski advised that the Board is in receipt of two (2) letters from Police Chief Ronald G. Marciniak advising that Sergeant Cullen Walton and Lieutenant Robert Walsh have retired, in good standing, from the Police Department. It is noted that Sergeant Walton served on the Department for twenty-three (23) years and his retirement is effective February 13, 1992. Lieutenant Walsh served on the Department for twenty-one (21) years and his retirement is effective February 12, 1992. Chief Marciniak noted that in keeping with Section 2-124 of the Municipal Code of the City, it is requested that the Board declare these officers weapons as surplus property and no longer useful to the City. This declaration by the Board will authorize the presentation of the firearms to these officers as a tribute for their service to the City. Mr. Leszczynski advised that the appropriate Resolutions have been prepared. Therefore, Mr. Caldwell made a motion that Resolutions No. 10-1992 and 11-1992 be adopted. Mr. Leszczynski seconded the motion which carried and the following Resolutions were adopted: RESOLUTION NO. 10-1992 WHEREAS, I.C. 36-9-6-1 gives the Board of Public Works of the City of South Bend the right and duty to have custody of, control of, use of, and dispose of in accordance with Indiana statutes, all real and personal property owned by the City of South Bend; and WHEREAS, the Common Council of the City of South Bend passed as amended on January 11, 1988, Ordinance No. 7847-88, which mandates the Board of Public Works of the City of South Bend to determine that the service revolver of a police officer who retires in good standing is surplus property and no longer useful to the City of South Bend; and WHEREAS, LIEUTENANT ROBERT WALSH has retired from the South Bend Police Department after twenty-one (21) years of service and the Board of Public Safety of the City of South Bend has determined that he has retired in good standing; and WHEREAS, I.C. 36-1-11-6 permits and establishes procedure for disposal of personal property which is no longer needed by the City and which is unfit for the purpose for which it was intended; NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that service revolver Serial No. 248K481 a .357 caliber Smith and Wesson revolver, is no longer needed by the City and is unfit for the purpose for which it was intended and has an estimated fair market value of less than Five Hundred Dollars ($500.00). 04 REGULAR MEETING MARCH 2, 1992 BE IT FURTHER RESOLVED that said property be disposed of and removed from the City inventory. ADOPTED this 2nd day of March, 1992. BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND s/John E. Leszczynski s,/James R. Caldwell ATTEST: s/Sandra M. Parmerlee, Clerk RESOLUTION NO. 11-1992 WHEREAS, I.C. 36-9-6-1 gives the Board of Public Works of the City of South Bend the right and duty to have custody of, control of, use of, and dispose of in accordance with Indiana statutes, all real and personal property owned by the City of South Bend; and WHEREAS, the Common Council of the City of South Bend passed as amended on January 11, 1988, Ordinance No. 7847-88, which mandates the Board of Public Works of the City of South Bend to determine that the service revolver of a police officer who retires in good standing is surplus property and no longer useful to the City of South Bend; and WHEREAS, SERGEANT CULLEN WALTON has retired from the South Bend Police Department after twenty-three (23) years of service and the Board of Public Safety of the City of South Bend has determined that he has retired in good standing; and WHEREAS, I.C. 36-1-11-6 permits and establishes procedure for disposal of personal property which is no longer needed by the City and which is unfit for the purpose for which it was intended; NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that service revolver Serial No. 248K481 a .357 caliber Smith and Wesson revolver, is no longer needed by the City and is unfit for the purpose for which it was intended and has an estimated fair market value of less than -Five Hundred Dollars ($500.00). BE IT FURTHER RESOLVED that said property be disposed of and removed from the City inventory. ADOPTED this 2nd day of March, 1992. BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND s/John E. Leszczynski s/James R. Caldwell ATTEST: s/Sandra M. Parmerlee, Clerk 1 1 1 LIM REGULAR MEETING MARCH 2, 1992 ADOPT RESOLUTION NO. 12-1992 - TRANSFER OF REAL PROPERTY TO THE SOUTH BEND REDEVELOPMENT AUTHORITY Mr. Leszczynski advised that the above referred to Resolution has been submitted to the Board for adoption. The Resolution transfers real property known as Mayflower Road from the City to the South Bend Redevelopment Authority as part of the Airport 2010 Project. Therefore, Mr. Leszczynski made a motion that the Resolution be adopted. Mr. Caldwell seconded the motion which carried and the following Resolution No. 12-1992 was adopted: RESOLUTION NO. 12-1992 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA APPROVING THE TRANSFER OF REAL PROPERTY TO THE SOUTH BEND REDEVELOPMENT AUTHORTTY WHEREAS, the City of South Bend (the "City") is owner of the following described real property situated in St. Joseph County, Indiana: Parcels No. 62-C1P and 62-AlP Commencing at the Northwest Corner of the Southeast One -Quarter (1/4) of Section Twenty (20) Township Thirty-eight (T 38 N) North Range Two (R 2 E) East, and running in a southerly direction along the North -South centerline of Section Twenty (20) a distance of four hundred twenty-seven (427) feet to the point of beginning, thence in a southerly direction along the North -South centerline of Section Twenty (20) a distance of two thousand two hundred nineteen (2219) feet, thence running in a easterly direction, along the South Line of said One -Quarter (1/4) Section a distance of thirty (30) feet, thence running in a northerly direction on a line thirty (30) feet East of and parallel to the North -South centerline of Section twenty (20) a distance of one thousand eight hundred sixty-nine (1869) feet, thence running North four degrees twenty-nine minutes fifty-three and seven -tenths seconds (N 04° 29' 53.7" E) East a distance of three hundred fifty-one and twenty-eight hundredths (351.28) feet, thence running North eighty-nine degrees fifty-two minutes twenty-three and three -tenths seconds (N 89° 52' 23.3" W) West a distance of sixty (60) feet to the point of beginning.. Beginning at the intersection of the center line of Mayflower Road and a line drawn parallel to and distance 650 feet Southerly of measured on a line normal to the center line of the Indiana East-West Toll Road as shown by plat recorded in the St. Joseph County Map Records; thence Southerly along said center line to the intersection of the Northerly right of way line of Cleveland Road; thence Westerly along said Northerly right of way line, distant 30 feet; thence Northerly in a straight line to a point distant 30 feet Westerly measured at right angles to said center line from a point thereon distant 1000 feet Southerly, measured along said center line from its intersection with the aforesaid Toll Road center line; thence Northwesterly in a straight line to the intersection of the aforesaid parallel line, said point of intersection 60 feet Westerly, measured at right angles to said center line of Mayflower Road; thence Easterly along said parallel line to the place of beginning; and REGULAR MEETING MARCH 2, 1992 WHEREAS, the City is desirous of transfering title to the Real Property to the South Bend Redevelopment Authority; and WHEREAS, the South Bend Redevelopment Authority is desirous of acquiring title to the Real Property from the City by Resolution 47 , adopted February 28, 1992, expressed its approval and acceptance of the transfer; and WHEREAS, pursuant to I.C. 36-9-6-3, the Board of Public Works of the City of South Bend (the "Board") has custody of and may maintain all real property of the City; and WHEREAS, pursuant to I.C. 36-1-11-8, the City of South Bend, acting by and through the Board, may exchange or transfer property with another governmental entity upon terms and conditions agreed upon by the two (2) entities as evidenced by the adoption of substantially identical resolutions of each entity; and WHEREAS, the City, acting by and through the Board has agreed to transfer title to the Real Property to the South Bend Redevelopment Authority and the South Bend Redevelopment Authority has agreed to acquire the Real Property from the City for the sum of Ten Dollars ($10.00) and other good and valuable consideration. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND AS FOLLOWS: 1. That the transfer of the following -described real property by the City of South Bend, acting by and through its Board of Public Works, to the South Bend Redevelopment Authority: Parcels No. 62-ClP and 62-AlP Commencing at the Northwest Corner of the Southeast One -Quarter (1/4) of Section Twenty (20) Township Thirty-eight (T 38 N) North Range Two (R 2 E) East, and running in a southerly direction along the North -South centerline of Section Twenty (20) a distance of four hundred twenty-seven (427) feet to the point of beginning, thence in a southerly direction along the North -South centerline of Section Twenty (20) a distance of two thousand two hundred nineteen (2219) feet, thence running in a easterly direction, along the South Line of said One -Quarter (1/4) Section a distance of thirty (30) feet, thence running in a northerly direction on a line thirty (30) feet East of and parallel to the North -South centerline of Section twenty (20) a distance of one thousand eight hundred sixty-nine (1869) feet, thence running North four degrees twenty-nine minutes fifty-three and seven -tenths seconds (N 04° 29' 53.7" E) East a distance of three hundred fifty-one and twenty-eight hundredths (351.28) feet, thence running North eighty-nine degrees fifty-two minutes twenty-three and three -tenths seconds (N 89° 52' 23.3" W) West a distance of sixty (60) feet to the point of beginning. Beginning at the intersection of the center line of Mayflower Road and a line drawn parallel to and distance 650 feet Southerly of measured on a line normal to the center line of the Indiana East-West Toll Road as shown by plat recorded in the St. Joseph County Map Records; thence Southerly along said center line to the intersection of the Northerly right of way line of Cleveland Road; 67 thence Westerly along said Northerly right of way line, distant 30 feet; thence Northerly in a straight line to a point distant 30 feet Westerly measured at right angles to said center line from a point thereon distant 1000 feet Southerly, measured along said center line from its intersection with the aforesaid Toll Road center line; thence Northwesterly in a straight line to the intersection of the aforesaid parallel line, said point of intersection 60 feet Westerly, measured at right angles to said center line of Mayflower Road; thence Easterly along said parallel line to the place of beginning. for the sum of Ten Dollars ($10.00) and other good and valuable consideration, shall be, and hereby is, approved and authorized. 2. That the Mayor and City Clerk of the City of South Bend shall be, and hereby are, authorized, respectively, to execute and attest to the execution of a quitclaim deed conveying title to the Real Property to the South Bend Redevelopment Authority. 3. That this Resolution shall be in full force and effect upon its adoption by the Board of Public Works of the City of South Bend, Indiana. ADOPTED at a meeting of the Board of Public Works of the City of South Bend held on the 2nd day of March, 1992, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/John E. Leszczynski s/James R. Caldwell ATTEST: s/Sandra Parmerlee, Clerk APPROVE AGREEMENT FOR S_I_DEWALK REPAIR - GATES CHEVROLET CORPORATION Mr. Leszczynski advised that the Board is in receipt of an Agreement for Sidewalk Repair between the City and Gates Chevrolet Corporation, 401 South Lafayette Boulevard, South Bend, Indiana, whereby Gates agrees to pay one-half of the cost to the City for repairs that are made to the public right-of-way at their business. It is noted that the total cost of this project is $32,038.67 and Gates shall reimburse the City $16,019.36. Mr. Caldwell made a motion that the Agreement be approved. Mr. Leszczynski seconded the motion which carried. APPROVE SUPPLEMENTAL AGREEMENT NO. 2 TO CITY OF SOUTH BEND INDIANA - SOUTH BEND USARC EXCHANGE AGREEMENT Mr. Leszczynski noted that Supplemental Agreement No. 2 to City of South Bend, Indiana - South Bend USARC Exchange Agreement, has been presented to the Board for approval. It is noted that an Exchange Agreement was entered into on July 15, 1991. The Supplemental Agreement submitted today incorporates a summary of the results from additional testing that was conducted in accordance with the basic Agreement, establishes the level of decontamination for total petroleum hydrocarbon mitigation as 94 ppm, and designates Privitization Ventures, Inc., as the Foundation's designee to make all certifications for progress payments to be made to the Foundation. Assistant City Attorney Jenny Pitts Manier noted that this is a revised Supplemental Agreement No. 2 to the Exchange Agreement. She noted that the City is not an active party in this matter at this time but since the City was a signatory to the original Agreement it has been requested that the City approve these changes. 0 Y .. REGULAR MEETING MARCH 2, 1992 Therefore, Mr. Caldwell made a motion that the Supplemental Agreement be approved and executed. Mr. Leszczynski seconded the motion which carried. APPROVE AGREEMENT - DEPARTMENT OF ECONOMIC DEVELOPMENT - SOUTH BEND CENTRAL DEVELOPMENT AREA REVOLVING LOAN FUND ACTIVITY - CENTER CITY ASSOCIATES Submitted to the Board for consideration was an Agreement between the City of South Bend, by the Board of Public Works, on behalf, of the Department of Economic.Development and Center City Associates regarding South Bend Central Development Area revolving loan funds. Ms. Marcia Townsend,.Department of Economic Development, indicated that this Agreement is unchanged from previous Agreements with CCA to administer the revolving loan fund. The Agreement sets guidelines, eligibility requirements and outlines the application process. It is noted that this Agreement is for the period January 1, 1992 to December 31, 1992. Mr. Caldwell made a motion that the Agreement be approved. Mr. Leszczynski seconded the motion which carried. APPROVE MEMORANDUM OF UNDERSTANDING - INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT - INDIANA RECYCLING GRANTS PROGRAM Mr. Leszczynski informed the Board that the City is the recipient of an award of $25,000.00 in the Indiana Recycling Grants Program. In that regard, the appropriate Memorandum of Understanding has been submitted for approval and execution. It is noted that the Memorandum indicates that grant funds are to be used as follows: Compost Window Turner $12,500.00 Trommel Screen $12,500.00 Mr. Leszczynski, therefore made a motion that this Memorandum be approved and executed. Mr. Caldwell seconded the motion which carried. APPROVE CHANGE ORDER NO. 1 (FINAL) - ST. JOSEPH STREET/WAYNE STREET PARKING GARAGE- ADDITIONAL METAL SECURITY SCREEN PROJE Mr. Leszczynski advised that Kaser-Spraker Construction, Inc., 25487 West State Road 2, P.O. Box 3605, South Bend, Indiana has submitted Change Order No. 1 (Final) indicating that the contract amount be increased by $925.00 for a new Contract sum including this Change Order in the amount of $26,753.00. Upon motion made by Mr. Caldwell, seconded by Mr. Leszczynski and carried, Change Order No. 1 (Final) was approved and executed. APPROVE CHANGE ORDER NO. l(FINAL) AND PROJECT COMPLETION AFFIDAVIT - MICHIGAN STREET CURB & BRICK RESTORATION PROJECT CT a Mr. Leszczynski stated that L.L. Geans & Sons Inc., 56535 Magnetic Drive, Mishawaka, Indiana, has submitted Change Order No. 1 (Final) indicating that the Contract amount be decreased by $276.32 for a new Contract sum including this Change Order in the amount of $129,505.86. Additionally submitted was the Project Completion Affidavit indicating this new final cost. Upon a motion made by Mr. Leszczynski, seconded by Mr. Caldwell and carried, Change Order No. 1 (Final) and the Project Completion Affidavit were approved and the appropriate three-year Maintenance Bond as submitted was accepted for filing. APPROVE CHANGE ORDER NO. 1 (FINAL) - ASBESTOS ABATEMENT - 1234-1236 W. WASHINGTON Mr. Leszczynski indicated that Specialty Systems of Illinois, Inc., South Bend Division, 1408 Elwood Avenue, South Bend, 1 REGULAR MEETING MARCH 2, 1992 0 1 Indiana, has submitted Change Order No. 1 (Final) indicating that the Contract amount be increased by $200.00 for a new Contract sum including this Change Order in the amount of $8,431.70. Upon a motion made by Mr. Caldwell, seconded by Mr. Leszczynski and carried, Change Order No. 1 (Final) was approved and executed. RESCIND AGREEMENT - DEVELOPMENT OF A LANDSCAPING MAINT. - WASTEWATER TREA' Mr. Leszczynski advised that on February 10, 1992, the Board entered into an Agreement with Site Scapes, Inc., 115 South Main Street, P.O. Box 1761, Mishawaka, Indiana, in the amount of $4,650.00 for professional services for the development of a landscape maintenance program for the Wastewater Treatment Plant. At this time it is being recommended that this Agreement be rescinded due to funding. Therefore, Mr. Leszczynski made a motion that the Agreement, as outlined above, be rescinded. Mr. Caldwell seconded the motion which carried. PUBLIC HEARING - NECESS FOR CERTIFICATE OF PUBLIC TION OF TAXICABS - AMERICAN CAB COMPANY Mr. Leszczynski advised that this was the date set for Board's Public Hearing regarding the Application for a Certificate of Public Convenience and Necessity for the of Taxicabs as submitted by Mr. Mark James Brown, d/b/a Cab Company, 25803 State Road 2, South Bend, Indiana. the Operation American It is noted that the application was accepted for filing on February 17, 1992. It is further noted that all other holders of Certificates of Public Convenience and Necessity were notified of today's Public Hearing Date. Additionally, the Clerk provided proofs of publication of Notice of this Public Hearing which was published in the South Bend Tribune and the Tri-County News. Mr. Mark Brown, 25803 State Road 2, Applicant, was present and advised is a need for additional taxi cabs that he was previously a part ownez he does know there is a demand for time people have to wait. He infoi monitored the channels and has heat one cab company to another in ordez South Bend, Indiana, the Board that he feels there in the City. Mr. Brown stated of the Allied Cab Company and more cabs due to the amount of med the Board that he has d calls being transferred from to handle the business. Mr. Donald A. Heilman, Michiana Courtesy Cab Company, 517 East Colfax, South Bend, Indiana, inquired of the Board if Mr. Brown's license has already been approved. He was advised that no license has been approved. Mr. Heilman questioned Mr. Brown indicating that it has come to his attention that Mr. Brown's cab was seen at the train station and the airport. Mr. Brown indicated that he is in the process of preparing a vehicle for use as a taxi cab but it has never been in service at either of those places. Attorney Kevin J. 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 along with Mr. Michael Liss of the Yellow Cab Company, 710 North Niles Avenue, South Bend, Indiana. Mr. Butler stated that they would like to object to the granting of this license. Mr. Butler informed the Board.that they have objected in the past and their position in this instance is the same. They feel there is no need for additional taxicab service. Mr. Butler stated that it is their belief that the Board of Public Works has not done the necessary groundwork to determine whether or not there was any need for additional taxicab service in the City of South Bend. Mr. Butler noted that taxicab drivers in the various cab companies have each -year been able to take home less and less REGULAR MEETING MARCH 2,, 1992 mainly because of the increased number of cabs on the street. He stated that the waiting time for a Yellow Cab has not increased at all during the years and they are capable of handling calls,as they come in. He noted that they believe that some of the new operators are basically concentrating on the more lucrative aspects of the business being the hotels and airports and Medicaid runs and ignoring the primary focus of cab service. Mr. Butler concluded by stating that the Board is responsible for overseeing the operation of taxicab service in the City and to see that service is provided to the citizenry of the City of South Bend. He noted that Yellow Cab Company and Courtesy Cab Company provide full service. Mr. Brown advised the Board that Allied Cab Company was operating with seven (7) taxicabs and has now increased to eleven (11). The Sunshine Cab Company has added one (1) new taxicab and the Mishawaka Cab Company has added two (2) new cabs. He noted that if the business was not out there these companies would not keeping adding new taxicabs. In response to questions from Mr. Caldwell, Mr. Brown advised that he intends to operate not more than five (5) taxicabs and employ ten (10) individuals. He stated that he will provide twenty-four (24) phone service and the business will be located at 25803 State Road 2, South Bend, Indiana and calls will be dispatched from the office there. In response to a question from Mr. Leszczynski, Mr. Brown noted that should no one be at the office, the calls would be forwarded right to the cab radio. Mr. Heilman of Courtesy Cab indicated that the ordinance requires that an office be open twenty-four (24) hours a day for the operation of the taxicabs. Mrs. Kathy Alford, Sunshine Cab Company, 19844 1/2 Hildebrand Street, South Bend, Indiana, advised that her business does the same call forwarding to the taxicabs and the City was aware of that when her license was issued. Mrs. Alford informed the Board that she is in favor of Mr. Brown's license to operate his own business as she has had to turn away people because they only have two (2) cabs operating. Mr. Heilman stated that the operation of the Sunshine Cab Company is not according to the Code. Mrs. Alford stated that their home is their office. Calls come to the house and if they are not there the calls are forwarded to the cab. She noted that this provides faster service. Mr. Heilman again reiterated that the Code indicates that the operation must maintain an office open twenty-four (24) hours a day. He noted that his cab company is at a disadvantage as they are having to pay someone to man their business twenty-four (24) hours a day. At this time, Mr. Caldwell made a motion that the Board take under advisement the license application of Mr. James Brown in order to check out allegations made at the Public Hearing today. Mr. Leszczynski seconded the motion which carried and advised Mr. Brown that the Board would render its decision regarding this license application at its meeting next week. Mr. Brown inquired if he could change his application to agree to having an office open twenty-four (24) hours a day for the operation of the taxicab business. Mr. Brown further advised that he had been told that the City Attorney had advised the previously approved cab companies that this procedure of forwarding calls to the cabs was acceptable. Assistant City Attorney Jenny Pitts Manier indicated that Mr. Brown can certainly amend his application if he desires. Mr. Leszczynski indicated that the Board will note his concern and comments that he can maintain an office to be open twenty-four (24) hours. 1 1 1 REGULAR MEETING MARCH 2, 1992 1 LEASE A ARTMENT - MID CONTINENT _ OF Mr. Leszczynski advised that the Board is in receipt of Lease Purchase Agreements between the City and Mid Continent Financial Corporation, 7212 North Shadeland Avenue, Suite 206, Indianapolis, Indiana, in regards to the purchase of copiers from Adams/Remco, Inc., 2612 Foundation Drive, South Bend, Indiana. It is noted that the Fire Department has purchased Copier Model 7430 with a monthly fee of $258.26 and the Department of Code Enforcement has purchased Savin Copier Model 9520 with a monthly fee of $390.00. Mr. Caldwell made a motion that the Leases be approved. Mr. Leszczynski seconded the motion which carried. CIAL CORPORATION - Mr. Robert Kruszynski, Manager, Department of Sanitation, Division of Environmental Services, requested that the Board advertise for the receipt of bids for one (1) Industrial Loader/Backhoe to be used by the Department of Sanitation's Construction Division. The proposed bid will reflect the trade-in of one (1) 1973 John Deere 410 Backhoe. Mr. Leszczynski made a motion that the request be approved. Mr. Caldwell seconded the motion which carried. REQUESTS REFERRED: Upon two (2) separate motions made by Mr. Leszczynski, seconded by Mr. Caldwell and carried, the following requests were referred to the appropriate City departments and bureaus for review and recommendation: - OF TURNER CONSTRUCTION COMPANY TO OCCUPY PUBLIC RIGHT-OF-WAY ON WASHINGTON STREET ALONG VALLEY AMERICAN BANK BUILDING. Ms. Mae Keshavarz, Assistant Engineer, Turner Construction Company, 230 South LaSalle Street, Chicago, Illinois, submitted an application for a permit allowing temporary use of the public right-of-way for the installation of a sidewalk bridge and pedestrian walkway adjacent to the Valley American Bank Building. The construction consists of the removal and reinstallation of the existing masonry block wall and cantiliver concrete slabs along Washington Street. It is noted that Turner Construction requests to occupy this right-of-way for a period of two (2) to three (3) months. Also submitted with the request was a diagram of the proposed location of the bridge and walkway. OF MEMORIAL HOSPITAL OF SOUTH BEND TO CLOSE BARTLETT STREET BETWEEN MAIN AND LAFAYETTE STREETS IN CONJUNCTION WITH ANNUAL CHILD SAFETY FAIR - OCTOBER 10 1992 Ms. Ruth Linster, Manager, Community and Media Relations, Memorial Health System, Inc., 615 North Michigan Street, South Bend, Indiana, advised that Memorial Hospital would like to request the temporary closing of one (1) block of Bartlett Street, between Main and Lafayette Street, from 12:00 noon to 4:30 p.m. on Saturday, October 10, 1992, in conjunction with their annual Child Safety Fair that will take place near the new Main Street entrance of the hospital. APPROVE TRAFFIC CONTROL DEVICE Upon a motion made by Mr. Leszczynski, seconded by Mr. Caldwell and carried the following one (1) traffic control device was approved: REGULAR MEETING MARCH 2, 1992 1. REMOVAL OF: Handicap Parking Space LOCATION: 226 East Navarre REMARKS: Resident, Mr. Richard C. Miller, is deceased. APPROVE TITLE SHEET - SOUTHEAST ESTATES - SECTION 7 (WATER/STREET) Mr. Leszczynski advised that the Board is in receipt of the Title Sheet for the above referred to project. Mr. Leszczynski made a motion that the Title Sheet be approved and signed. Mr. Caldwell seconded the motion which carried. APPROVE CONTRACTORS BONDS Mr. Leszczynski stated that the Engineering Department has recommended that Contractors Bonds for the following be approved: 1. Anastos and Eckman Custom Concrete Eff. 3-2-92 2. Donald Bessler Eff. 3-2-92 Therefore, upon a motion made by Mr. Leszczynski, seconded by Mr. Caldwell and carried, the above bonds were approved. FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORTS Mr. Leszczynski indicated that the Board is in receipt of two (2) lists as submitted by the Department of Code Enforcement indicating that twenty-seven (27) miscellaneous properties were cleaned by the Department from February 17, 1992 to February 21, 1992. Mr. Leszczynski made a motion that the lists be accepted for filing. Mr. Caldwell seconded the motion which carried. APPROVE CLAIMS Mr. Leszczynski stated that the Deputy Controllers Office has submitted claims in the amounts of $997,198.42 and $1,906,556.89 and recommended approval. Additionally, Mr. Juan A. Manigault, Executive Director, WDS of Northern Indiana, submitted two (2) lists containing claims totalling $351,523.63 and $45.384.71 and recommended approval. Therefore, Mr. Caldwell made a motion that the claims be approved and the reports as submitted be filed. Mr. Leszczynski 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 Mr. Caldwell and carried, the meeting adjourned at 10:07 a.m. ames R. C4`14well ATT T: Sandra M. Parmerlee, Clerk 1 1