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HomeMy WebLinkAbout01/07/91 Board of Public Works Minutes0, REGULAR MEETING . JANUARY 7, 199L The regular meeting of the Board of Public Works was convened at 9:36 a.m. on Monday, January 7, 1991, by Board President John E. Leszczynski, with Mr. Leszczynski and Mrs. Patricia E. DeClercq present. Board Member Ms. Katherine Humphreys was not in attendance. Also present was Chief Assistant City Attorney Jenny Pitts Manier. ELECTION OF BOARD PRESIDENT FOR 1991 Mrs. DeClercq stated that because of his outstanding record as Board President and the guidance he has provided to other members of the Board, she would like to make a motion that Mr. Leszczynski be retained as President of the Board of Public Works For 1991. Mr. Leszczynski accepted and seconded the motion which carried. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski and carried,. the minutes of the regular meeting of the Board held on December 31, 1990 were approved. PUBLIC HEARING AND APPROVAL OF CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR THE OPERATION OF TAXICABS - MISHAWAKA CAB, INC. Mr. Leszczynski advised that pursuant to ordinance requizements, this was the date set for the Board's Public Hearing on the Application for a Certificate of Public Convenience and Necessity for the Operation of Taxicabs as submitted by Ms. Kathryn Ann Payton, President, Mishawaka Cab, Inc., 58861 State Road 331, Mishawaka, Indiana. It is noted that also pursuant to ordinance rejuirements all holders of Certificates of Public Convenience have been notified of the Board's Public Hearing date. The Clerk tendered proofs of publication of Notice in the South Bend Tribune and the Tri-County News which were found to be sufficient. Mr. Walter Jones, Allied Cab Company, 2416 Bow Court, Building 811, South Bend, Indiana, was present and advised the Board that he believes in free enterprise but asked that the Board note the name of the company applying for a license as well as its location. Mr. Jones stated that cab companies licensed in the City of South Bend are allowed to go into Mishawaka and companies licensed in the City of Mishawaka are allowed to bring a fare to the City of South Bend. However, cab companies licensed in the City of South Bend are not allowed to pick-up and deliver passengers in the City of Mishawaka. Mr. Jones stated that Mishawaka Cab, Inc. will bring the competition of another cab company to the City of South Bend which already has a lot of cab companies licensed. Mr. Jones noted that the purpose of the Hearing is to determine if there already is enough service being provided in the City of South Bend and it is his opinion that there is enough service. Mr. Jones stated that he would urge the Board not to issue another Certificate of Public Convenience at this time. An unidentified person addressed the Board and stated that she was present on behalf of Mr. Roger Woods, Roseland Cab Company, P.O. Box 643, Notre Dame, Indiana. She advised that Mr. Woods has prepared a letter which he has given to her to read to the Board which indicates his opposition to the issuance of a Certificate of Public Convenience to Mishawaka Cab, Inc. In his letter Mr. Woods noted that with seven (7) companies currently licensed in the City of South Bend another company operating is unnecessary and will only make it more difficult for other companies to survive. Mr. Jim Payton, Vice -President, Mishawaka Cab, Inc., 4as present and addressed the Board. Mr. Payton stated that all Mishawaka Cab, Inc. did was apply for a location at the Michiana Regional 9 REGULAR MEETING JANUARY 7, 1991 Airport. He stated that he did needed a license from the City airport. Mr. Payton noted that South Bend and that is where he needed a license from the City completed the application for a Convenience. not know at that time that he of South Bend to operate at the the airport is separate from applied and was told that he of South Bend. That is why he Certificate of Public Mr. Jones stated that based on comments made by Mr. Payton, this is not a business starting up in the City of South Bend to provide service to the residents of South Bend. All that is requested is access to the airport and that is where Mishawaka Cab applied first. Knowing that the Certificate is only wanted to work the airport it would appear that there would be no effort made to provide service to the City of South Bend. There being no one else present wishing to address the Board concerning this matter, Mr. Leszczynski made a motion that the Public Hearing be closed. Mrs. DeClercq seconded the motion which carried. Mrs. DeClercq inquired of Board Attorney Jenny Pitts Manier what the code requirements are in this regard. Mrs. Manier stated that the Code states that the public convenience and necessity warrants whether a Certificate shall be issued. It is based on evidence that it is in the best interests of the public to have an additional cab company in the City. She noted that the Code is very imprecise in this area and indicated that the Board must determine whether the public would be convenienced by an additional cab company. Mr. Leszczynski inquired of Mrs. Manier what reason would there have to be for denial of the license. Mrs. Manier noted that there are no real standards set. Matters to be considered would be the need for an additional service and whether or not it would provide any public convenience for the City to license an additional cab company. Mrs. DeClercq inquired of Mr. Payton if his goal was just to operate from a fixed location from a fixed stand. Mr. Payton responded by advising that that is all he applied for at the airport but as he stated earlier he was advised that he must obtain a license from the City of South Bend first. Mrs. Manier noted that any cab company operating in the City of South Bend must obtain a license before doing so. Mr. Leszczynski noted that the airport is located in the City of South Bend and therefore the license is required to operate at that location. Mr. Payton noted that the airport has its owns rules and regulations regarding taxicabs which is separate from the City of South Bend's requirements. Mr. Woods indicated that with the change in administrations and attorneys and interpretations of the ordinance from the past he was told that as long as you start up a fare and end up a fare at your own base you can go into another City. You can go back and forth as long as you come back to your home base. Mrs. Manier noted that the City Attorney's office has reviewed the ordinance based on the submission of the application by Mishawaka Cab, Inc., and it has been determined that a City of South Bend license is required in order for them to operate at the airport because the airport is located in the City of South Bend. Mr. Leszczynski informed Mr. Jones that he has the same right to apply for a license in the City of Mishawaka. Mr. Jones stated that he could not operate in the City of Mishawaka because it would not be profitable for him to do so. 1 1 1 REGULAR MEETING JANUARY 7. 1991 N 1 1 Mr. Leszczynski stated that of the seven (7) taxicab companies licensed in the City of South Bend, two (2) are not located in the City of South Bend. He noted that there appears to be no reason to deny issuance of a license to Mishawaka Cab, Inc. and the Board will let the market conditions dictate. Mrs. DeClercq asked Mrs. Manier if Mr. Payton would be required to operate a twenty-four (24) office and telephone number should he be granted the license. Mrs. Manier noted that the licensing requirements indicate that a twenty-four (24) hour phone service and an office manned twenty-four (24) hours are required. It was noted that the ordinance does not specifically state that the office has to be in the City of South Bend. It was noted that should the Board determine to grant the issuance of a Certificate of Public Convenience to Mishawaka Cab, Inc., all other requirements of the licensing ordinance must be met before the license can be issued. It was further noted that proof of insurance is one requirement of the taxicab ordinance. Therefore, Mr. Leszczynski made a motion that a Certificate of Public Convenience and Necessity for the Operation of Taxicabs for Mishawaka Cab, Inc. be approved subject to all other ordinance requirements be met. Mrs. DeClercq seconded the motion which carried. APPROVE COMMUNITY DEVELOPMENT ADDENDUM The following Community Development Addendum was presented to the Board for approval: ADDENDUM I SOUTH BEND REDEVELOPMENT COMMISSION PREDEVELOPMENT ACTIVITY Addendum I extends the Contract time and adds $80,000.00 to the Contract. Upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski and carried, the Addendum as submitted was approved and executed. APPROVE EMERGENCY POWERS OF THE BOARD BEING INVOKED AND APPROVE CONTRACT RATIFICATION - EMERGENCY SEWER REPAIR - NORTH SHORE WOODS Mr. Jack Dillon, Director, Environmental Services, advised the Board that on December 10, 1990, the sewer located east of North Shore Woods and adjacent to the Michigan Central railroad tracks collapsed creating an emergency and necessitating immediate repair. An examination of the extent of the collapse indicated that it was immediately necessary to replace the collapsed sewer and that the overall and continued integrity of the sewer system at or near the site required the replacement of the cracked sewer pipe into which the collapsed sewer pipe connected. Given the emergency nature of the problem, Mr. Dillon advised that he contacted three (3) firms known to him to be capable of undertaking, and which regularly undertake, the type of sewer work in question and obtained a written quote from each for the repair of the collapsed sewer and the repair of the cracked sewer connecting thereto. Mr. Dillon submitted those Board which are as follows: DYE PLUMBING & HEATING, INC. 3535 Monroe Street LaPorte, Indiana LUMP SUM PRICE: IF VITRIFIED CLAY PIPE IS USED IN LIEU OF DUCTILE IRON CLASS #50: quotes to the $37,500.00 ADD $ 1,520.00 F1 REGULAR MEETING DE WULF & SONS SEWER CONTRACTORS P.O. Box 792 South Bend, Indiana DUCTILE IRON PIPE: VITRIFIED CLAY: SMALL, INC. 25190 State Road 4 North Liberty, In. TOTAL BID: IF STUMPS AND WOOD MATERIAL MUST BE REMOVED FROM THE SITE: IF VITRIFIED CLAY PIPE IS WARRANTED: JANUARY 7, 1991 $26,950.00 $28,490.00 $29,360.00 ADD $ 3,400.00 ADD $ 715.50 Mr. Dillon noted that based upon the need for immediate action, he authorized the lower quote, Mark DeWulf and Sons, to undertake the indicated repairs. He is hereby asking the Board to ratify his actions by (1) declaring the existence of an emergency created by the sewer collapse occurring on December 10, 1990 east of North Shore Woods and (2) ratifying his acceptance of the low quote submitted by, and thereby ratifying the contract with, DeWulf and Sons which Contract was submitted in the amount of $28,490.00. Mr. Leszczynski made a motion that the Board invoke its emergency powers and allow this project to proceed and approve the recommendations as indicated above. Mrs. DeClercq seconded the motion which carried. APPROVE AGREEMENT FOR STAFF SUPPORT - BUSINESS DEVELOPMENT CORPORATION Mr. Leszczynski advised that submitted to the Board was an Agreement for Staff Support between the Business Development Corporation of South Bend, Mishawaka, St. Joseph County, Indiana and the City of South Bend, by and through its Board of Public Works on behalf of its Economic Development Department, in the amount of $92,000.00 effective January 1, 1991. Mr. Leszczynski noted that the Department of Economic Development will provide the staff support as indicated and outlined in the Agreement. Therefore, Mrs. DeClercq made a motion that the Agreement be approved and executed. Mr. Leszczynski seconded the motion which carried. AWARD BID - BULK SODIUM CHLORIDE (ROCK SALT) In a letter to the Board, Mr. Bill Penn, Director, Division of Transportation, advised that he has reviewed the bids received on December 17, 1990 for approximately 12,000 tons of bulk sodium chloride (rock salt) for snow and ice control and at this time recommends that the Board award the bid of American Salt Company, 4825 North Scott Street, Schiller Park, Illinois for 12,000 tons of bulk de-icing rock salt at a unit price of $26.94 per ton delivered. Mr. Leszczynski made a motion that the recommendation be accepted and the bid be awarded. Mrs. DeClercq seconded the motion which carried. AWARD BID - REMODELING OF NEW EQUIPMENT SERVICES BUILDING Mr. Leszczynski advised that it is being recommended that the bid of L. L. Geans & Sons, Inc., 56535 Magnetic Drive, Mishawaka, Indiana, submitted to the Board on December 17, 1990 for the 1 1 WJ REGULAR MEETING JANUARY 7, 1991 above referred to project be awarded in the amount of $819,719.00 which includes Alternates No. 1 & No. 8. Mrs. DeClercq made a motion that the bid be awarded as recommended. Mr. Leszczynski seconded the motion which carried. In response to a question from the news media, Mr. Leszczynski advised that it is anticipated that this project will be completed around May 1st and the City will move into the facilities in July or August. FILING OF DESIGNATION OF THE BOARD OF PUBLIC WORKS TO ACT AS AGENT AND SET PUBLIC HEARING DATE - SALE OF CITY -OWNED PROPERTY Mr. Leszczynski advised that the Board is in receipt of a Memorandum from Mayor Joseph E. Kernan advising that pursuant to I.C. 36-7-11-3 he hereby designates the Board of Public Works of the City of South Bend as his agent and requests that the Board give notice of and conduct a Public Hearing regarding the sale of the City -owned property known as Lots #1 and #2 Dubails's 1st Addition, commonly known as 1716 South Michigan Street. The Memorandum further indicates that Mayor Kernan requests that the Board notify him of its recommendation concerning the proposed sale. Therefore, Mrs. DeClercq made a motion to file the Memorandum as received from Mayor Kernan and set the Board's Public Hearing on this matter for 9:30 a.m., January 27, 1991. Mr. Leszczynski seconded the motion which carried. APPROVE REQUEST OF ENVIRONMENTAL SERVICES TO ADVERTISE FOR THE RECEIPT OF BIDS FOR THE REPLACEMENT OF NINE (9) CSO BACKWATER GATES In a letter to the Board, Mr. Karl R. Kopec, Manager of Operations, Environmental Services, requested that the Board advertise for the receipt of bids to replace nine (9) CSO backwater gates. Mr. Kopec stated that these gates function to prevent river water from flowing into the sewer system. Mr. -Kopec further noted that the estimated cost for this work is $52,098.00. Mrs. DeClercq made a motion that the request be approved. Mr. Leszczynski seconded the motion which carried. REQUEST OF SOUTH BEND TRIBUNE TO CONDUCT 8 MARATHON AND RELATED 5K AND 10K FOOT RACES REFERRED ANNUAL SUNBURS - JUNE 1991 - In a letter to the Board, Ms. Joyce Fox, Events Coordinator, South Bend Tribune, 225 West Colfax Avenue, South Bend, Indiana, requested permission to hold the 8th Annual Sunburst Marathon and related 5K and 10K foot races on Saturday, June 8, 1991. The races start on the campus of the University of Notre Dame and finish in the University's football stadium. Ms. Fox advised that the Marathon will begin at 6:00 a.m. and the last participant will finish at approximately 11:30 a.m. The 5K and 10K events will start between 7:00 and 7:30 a.m. and finish no later than 9:00 a.m. The Campus Fun Walk will take place entirely on the Notre Dame Campus. Ms. Fox submitted with the request maps of the courses and a mile, by mile schedule showing when the first runners will enter an area and when the area will be clear. Because the Sunburst Marathon is a relatively small marathon (under 400 participants) intersections are not closed for any significant length of time. Ms. Fox noted that the South Bend Tribune sponsors the Sunburst Races as an event that is good for the community. Sunburst provides an activity for area residents, promotes tourism in the area and also serves as a fund-raiser for a local charity. The 1991 Charity will be Memorial Hospital's Health/Start a free dental and medical clinic for needy children. In addition, each N REGULAR MEETING JANUARY 7. 1991 year a portion of the race fees is given to various community projects in South Bend or Mishawaka. The East Race Trails is an example of a project that received funding from past Sunburst events. Therefore, Mr. Leszczynski made a motion that this request be referred to the necessary City departments and bureaus for review and recommendtion. Mrs. DeClercq seconded the motion which carried. APPROVE REQUEST OF THE REDEVELOPMENT COMMISSION FOR THE BOARD OF PUBLIC WORKS TO ACT AS AGENT FOR THE PURPOSE OF SOLICITING QUOTATIONS - ASBESTOS ABATEMENT - OSCO STORE - 128 SOUTH MICHIGAN STREET In a Memorandum to the Board, Ms. Cleo Hickey, Department of Economic Development, advised that on behalf of the Redevelopment Commission, she is requesting that the Board act as agent for the purpose of soliciting quotes and supervising asbestos abatement activities relating to the Osco Store located at 128 South Michigan Street. Mr. Leszczynski made a motion that this request be approved. Mrs. DeClercq seconded the motion which carried. In response to an inquiry from the news media about whether or not the existence of asbestos in the downtown store causes a health hazard, Mr. Leszczynski advised that the Osco store is a City owned property. A review of the building indicated that there is some asbestos that should be removed at that location and this is being done as a preventive maintenance measure. The asbestos present does not pose a health hazard to either the public or employees of the store but the removal of the asbestos assures that the store is safe. APPROVE REQUESTS: REQUEST FOR DESIGNATED HANDICAPPED PARKING SPACE AT 506 NORTH ALLEN STREET REQUEST FOR DESIGNATED HANDICAPPED PARKING SPACE AT 306 SOUTH ILLINOIS REQUEST OF ST. JOE VALLEY CHAPTER OF KNIGHTS OF COLUMBUS TO CONDUCT "MARCH FOR LIFE" - JANUARY 20, 1991 REQUEST TO CONDUCT THE ANNUAL MARTIN LUTHER KING MARCH - JANUARY 21, 1991 Mr. Leszczynski advised that the appropriate City departments and bureaus have reviewed the above referred to requests submitted to the Board on December 3, 10 & 17, 1990, and approval is recommended. Therefore, Mrs. DeClercq made a motion that the recommendations be accepted and the requests be approved. Mr. Leszczynski seconded the motion which carried. FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORTS Mr. Leszczynski advised that the Board is in receipt of two (2) lists from the Department of Code Enforcement indicting that one (1) City/Miscellaneous Property was cleaned on December 27, 1990 and two (2) other Miscellaneous lots were cleaned from December 27-29, 1990. Mrs. DeClercq made a motion that the reports as submitted be accepted for filing. Mr. Leszczynski seconded the motion which carried. APPROVE CLAIMS Mr. Juan Manigault, Executive Director, Employment and Training Services, submitted a list containing sixty-seven (67) claims, Chief Deputy Controller John D. Leisenring submitted Claim Docket 1 1 REGULAR MEETING JANUARY 7. 1991 A No. 18635 through Claim Docket No. 18666 and Voucher Nos. 001-034 for the Bureau of Wastewater were submitted for approval. Upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski and carried, the claims and vouchers were approved and the reports as submitted were filed. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the meeting adjourned.at 9:57 a.m. IS T: 9� Sandra M. Parmerlee, Clerk 11 qj Thknn. LeszczyrAXY Patricia E. DeClercq er