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HomeMy WebLinkAbout11/12/91 Board of Public Works MinutesV REGULAR MEETING NOVEMBER 12, 1991 The regular meeting of the Board of Public Works was convened at 9:35 a.m. on Tuesday, November 12, 1991, by Board President John E. Leszczynski, with Mr. Leszczynski, Mrs. Patricia E. DeClercq and Ms. Katherine Humphreys present. Also present was Assistant City Attorney Mary H. Mueller. AGENDA ITEMS STRICKEN Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the following items were stricken from the agenda at this time: 1. Award Quotation - One (1) Compressor and associated labor and equipment (Howard Park Ice Rink) 2. Award Bid - Mayflower Road, Phase I Project 3. Interlocal Agreement regarding Police Computer APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the minutes of the regular meeting of the Board held on November 4, 1991, were approved. OPENING OF QUOTATIONS - HOWARD PARK SIDEWALK REPLACEMENT PROJECT Mr. Leszczynski advised that this was the date set for the receiving and opening of sealed Quotations for the above referred to sidewalk replacement project. In response to a question from the news medica concerning this project, Mr. Leszczynski advised that this project includes sidewalk replacement in front of the senior citizen center on Jefferson Boulevard. The following Quotations were publicly opened and read: L.L. GEANS & SONS, INC. 56535 Magnetic Mishawaka, Indiana 46545 Quotation was submitted by Mr. Rocky R. Geans, President. QUOTATION: $11,622.50 MC INTYRE & JONES CONSTRUCTION COMPANY, INC. 2526 West 6th Street Mishawaka, Indiana 46544 Quotation was submitted by Mr. Kenneth A. McIntyre, Chairman of the Board. QUOTATION: $9,303.46 KASER-SPRAKER CONSTRUCTION. INC. 25487 West State Road 2 South Bend, Indiana 46619 . Quotation was submitted by Mr. Gary L. Spraker, President. QUOTATION: $12,913.50 Upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the above Quotations were referred to the Engineering Department for review and recommendation. OPENING OF QUOTATIONS - EAST BANK AREA SIDEWALK REPLACEMENT PROJECT Mr. Leszczynski advised that this was the date set for the �I REGULAR MEETING NOVEMBER 12, 1991 receiving and opening of sealed Quotations for the above referred to sidewalk replacement project. The following Quotations were publicly opened and read: L.L. GEANS & SONS, INC. 56535 Magnetic Mishawaka, Indiana 46545 Quotation was submitted by Mr. Rocky R. Geans, President. QUOTATION: $13,199.00 MC INTYRE & JONES CONSTRUCTION COMPANY, INC. 2526 West 6th Street Mishawaka, Indiana 46544 Quotation was submitted by Mr. Kenneth A. McIntyre, Chairman of the Board. QUOTATION: $20,130.00 KASER-SPRAKER CONSTRUCTION, INC. 25487 West State Road 2 South Bend, Indiana 46619 Quotation was submitted by Mr. Gary L. Spraker, President. QUOTATION: $13,831.00 Upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the above Quotations were referred to the Engineering Department for review and recommendation. PUBLIC HEARING AND APPROVAL OF CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR THE OPERATION OF TAXICABS - SUNSHINE CAB COMPANY Mr. Leszczynski advised that 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 Mrs. Kathy Lynn Alford, d/b/a Sunshine Cab Company, 19844 1/2 Hildebrand Street, South Bend, Indiana. Mr. Jim Payton, Mishawaka Cab Company, 58861 State Road 331, Mishawaka, Indiana, addressed the Board and stated that he believes that the City does not need another cab company as there are too many now. Mr. Ed Johnson, Allied Cab Company, 3218 Lincolnway West, South Bend, Indiana, advised the Board that he echoes the sentiments of Mr. Payton that the City does not need another cab company. Mr. Johnson stated that they have cabs sitting now and when business is slow they have cabs doing nothing. Mr. Johnson inquired how the Sunshine Cab Company will be able to operate twenty-four (24) hours a day with just one (1) taxicab as it is hard for him to keep up sometimes. Mr. Don Heilman, Courtesy Cab Company, 517 East Colfax, South Bend, Indiana, informed the Board that he feels the same way as Mr. Payton and Mr. Johnson and that the City does not need one hundred fifty (150) cabs operating and that there is plenty of service being rendered. Mrs. Cathy Alford, d/b/a Sunshine Cab Company, 19844 1/2 Hildebrand Street, South Bend, Indiana, Applicant, was present and addressed the Board. Mrs. Alford stated that she believes 7.22 REGULAR MEETING the public and the market for another cab company. (1) cab and that she will the nights. If they grow, least gave it a shot. NOVEMBER 12, 1991 should determine whether there is room She stated that she intends to run one work the days and her husband will work they grow. If they don't then they at Board Attorney Mary H. Mueller inquired of Mrs. Alford how she intended to handle the twenty-four (24) hour dispatch requirement. Mrs. Alford advised that they have a business phone which will be forwarded to the cab and therefore calls coming in will go directly to the cab. Mrs. Mueller inquired of the gentlemen present that previously addressed the Board whether there are times when their cabs aren't able to respond to calls. The gentlemen stated that during Notre Dame games there is some difficulty handling all the calls and also at around 3:30 p.m. individuals usually have to wait fifteen (15) or so minutes for a cab. The gentlemen noted that the Mishawaka Cab Company and the Allied Cab Company work hand -in -hand and when one cannot respond they call the other company to handle the call. Board Member Katherine Humphreys inquired of Board Attorney Mary Mueller if there was any provision in the taxicab licensing ordinance concerning market surplus and what were the reasons for denial of a license. Mrs. Mueller advised that it depends on how one interprets the code. Mrs. Mueller read from the licensing ordinance and indicated that the Board must decide and find that a taxicab service is required for the public convenience and necessity. Whether or not the public needs or requires another cab company and whether there is adequate service. Mrs. Mueller noted that the gentlemen representing the other taxicabs operating in the City that are present today have said that sometimes cabs are not available but most of the time there appears to be an adequate number of cabs working. Mrs. Mueller stated that pursuant to the ordinance requirements, the Board should also look at whether the applicant is fit, willing and able to provide service. Board Member Patricia E. DeClercq inquired of Mrs. Alford if the address listed on the application was her home address. Mrs. Alford answered that it was and that she and her husband will work out of their home. Board Attorney Mueller stated that the licensing ordinance indicates that holders of Certificates of Public Convenience and Necessity shall maintain a certain place of business and keep the office open twenty-four (24) hours. Mrs. Alford indicated that they do intend to have the telephone calls sent to the cab itself. The gentlemen from the Allied Cab Company and Mishawaka Cab Company advised that they also use this type of system to handle calls twenty-four (24) hours a day. Again, the gentlemen present indicated that with the Mishawaka Cab Company, Allied Cab Company, Courtesy Cab Company, Roseland Cab Company and Yellow Cab Company the market is covered. Board Attorney Mueller informed the Board that these gentlemen have relayed that they think there is adequate cab coverage for the market as well as stating that there are times when cabs are not available immediately. Therefore, public convenience and necessity would allow requiring another cab company at this time and the applicant appears to be fit to operate the business. Mrs. Mueller noted that her only concern is the dispatch which must be provided. The other gentlemen representing the licensed cab companies, however, have stated that they also utilize the 87 REGULAR MEETING NOVEMBER 12, 1991 type of relay to their cabs that the Sunshine Cab Company intends to use. Mrs. DeClercq noted that the ordinance requires a twenty-four (24) hour telephone number at an office. Mrs. Alford advised that someone would answer the telephone at all times at their home/office or in the taxicab. Mr. Michael Alford, 19844 1/2 Hildebrand Street, South Bend, Indiana, advised the Board that he has been working with the Yellow Cab Company for the last twenty (20) years and there are many times during the day, mostly between the hours of 2:00 and 5:00 p.m., when people have to wait between thirty (30) minutes to forty-five (45) minutes for a cab whether the weather is good or bad. He stated that people generally have to wait for.a cab. Mr. Payton, Mishawaka Cab Company, inquired how the Sunshine Cab Company was going to handle ten (10) calls in one hour with only one (1) cab running. Mr. Alford advised that he admits that that would be impossible but is confident that he would be able to at least handle three (3) or more of those calls within one (1) hour. There being no one else present wishing to address the Board regarding this matter, upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the Public Hearing on this matter was closed. Ms. Humphreys noted that she believes the ordinance does not give the Board the authority to deny a license based on the evidence provided. Therefore, Mrs. DeClercq made a motion that the application as submitted be approved. Ms. Humphreys seconded the motion which carried. Ms. Humphreys noted that the ordinance as it is written does not give the Board the ability to deny an application of another cab company. She stated that the Board was not responsible for the original ordinance but it is required to interpret it. Therefore, based on the comments made at the Public Hearing and facts presented, the Board felt it had no other choice but to approve the application. Mr. Leszczynski noted that it wasn't too long ago that the application of the Mishawaka Cab Company was before this Board for consideration and at that time the same arguments were given. AWARD BID - ONE (1) TYPE I MODULAR AMBULANCE - FIRE DEPARTMENT In a letter to the Board, Fire Chief Luther Taylor advised that after careful review of the bids received on November 4, 1991 for the above referred to ambulance, the Department recommends the McCoy Miller 14411, represented by Michiana Custom Coach, 50811 Killian Lane, Elkhart, Indiana. Chief Taylor noted that in reviewing the bids, Michiana Custom Coach's alternate bid (1991 chassis) was the lowest bid at $71,200.00 and met the Department's specifications. In addition, they are asking that the Board include in this bid award options at a cost of $439.00 for a total bid award of $71,639.00. Mrs. DeClercq made a motion that the recommendation be accepted and the bid be awarded. Ms. Humphreys seconded the motion which carried. AWARD BID - WEST WASHINGTON STREET DEVELOPMENT AREA - ASBESTOS ABATEMENT - 1228, 1230, 1231 & 1306 WEST WASHINGTON STREET In a Memorandum to the Board, Mr. Carl P. Littrell, Director, Division of Engineering, advised that he has reviewed the bids received on November 4, 1991, for the above referred to project and recommends at this time that the Board award the lowest of six (6) bids as submitted by Clean Air Systems, Inc. in the REGULAR MEETING NOVEMBER 12, 1991 amount of $5,373.00. Mr. Littrell informed the Board that there were arithmetic errors in several of the bids accounting for the discrepancies between the bid tabulation and the amounts read at the bid opening. However, there were no discrepancies in the amount read for the low bidder. Mrs. DeClercq made a motion that this recommendation be accepted and the bid be awarded. Ms. Humphreys seconded the motion which carried. APPROVE WASTEWATER DISCHARGE PERMITS In a letter to the Board, Ms. Megan Wright, Pretreatment Coordinator, Division of Environmental Services, requested that industrial discharge permits for Kokoku Wire Industries Corporation, 1217 South Walnut Street, South Bend, Indiana and Allied-Signal Aerospace Company, Inc., Bendix Wheels and Brakes Division, 3520 Westmoor Street, South Bend, Indiana, be approved. Ms. Wright noted that these permits are existing permits which are being renewed. Mr. Leszczynski made a motion that the permits be approved as recommended. Mrs. DeClercq seconded the motion which carried. FLEXLINC SERVICE FEE AGREEMENT AND LIMITED ADMINISTRATORS AGREEMENT FOR FLEXIBLE SPENDING ACCOUNT - LINCOLN NATIONAL ADMINISTRATIVE SERVICES CORPORATION Ms. Katherine Humphreys, Director, Administration and Finance, advised that the Agreements submitted to the Board today for approval are with Lincoln National Administrative Services Corporation, Fort Wayne, Indiana. Ms. Humphreys noted that these Agreements are for the same services as provided this year with a slight reduction in the contract amount. Ms. Humphreys made a motion that the Limited Administrators Agreement for Flexible Spending Account and the Flexlinc Service Fee Agreement be approved and executed. Mrs. DeClercq seconded the motion which carried. REQUESTS REFERRED: - REQUEST OF SAINT JOSEPH'S MEDICAL CENTER FOR EASEMENT FOR CONSTRUCTION OF UNDERGROUND TUNNEL UNDER CEDAR STREET - REQUEST OF SAINT JOSEPH'S MEDICAL CENTER TO TEMPORARILY CLOSE CEDAR STREET IN CONJUNCTION WITH CONSTRUCTION OF UNDERGROUND TUNNEL Mr. Leszczynski advised that the Board is in receipt of two (2) separate letters from Mr. John B. Ford, Attorney at Law, Jones, Obenchain, Ford, Pankow & Lewis, 1800 Valley American Bank Building, P.O. Box 4577, South Bend, Indiana, on behalf of Saint Joseph's Medical Center, Inc. Mr. Ford indicated that the Medical Center has requested that the Board grant to them an Easement so as to permit the construction, operation, use and maintenance of a tunnel under Cedar Street for the purpose of connecting the existing main hospital facility and Medical Pavilion I on the south side of Cedar Street with the proposed new Medical Pavilion III to be located on the north side of Cedar Street. Additionally, the Medical Center has requested permission to close Cedar Street, between St. Louis Boulevard and Notre Dame Avenue, for the purpose of constructing said underground tunnel. Mr. Ford noted that the street would be closed for a period not to exceed one hundred eighty (180) days. In two (2) separate motions Ms. Humphreys moved that the requests be referred to the appropriate City departments and bureaus for review and recommendation. Mrs. DeClercq seconded the motions which carried. REGULAR MEETING NOVEMBER 12, 1991 1 11 APPROVE ACCEPTANCE OF STREET POLE FROM I & M Mr. Leszczynski advised that the Board is in receipt of a letter from Mr. David Kline, Power Engineer, Indiana Michigan Power Company, 100 East Wayne Street, P.O. Box 1731, South Bend, Indiana. Mr. Kline indicates that on Eddy Street, approaching School Field, I&M has a steel pole street light with a school flasher mounted on it. I&M will be changing that pole to fiber glass and relocating it behind the sidewalk. It is I&M's intention to abandon ownership of this steel pole and donate it to the City in order for the City to maintain the school flasher. Mr. Kline stated that should that be acceptable to the City he would appreciate the Board's approval on his letter. Therefore, Mr. Leszczynski made a motion that the donation be accepted and the letter be signed. Mrs. DeClercq seconded the motion which carried. APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the following three (3) traffic control devices were approved: 1. NEW INSTALLATION: LOCATION: REMARKS: 2. REMOVAL OF: LOCATION: REMARKS: 3. NEW INSTALLATION: LOCATION: REMARKS: Stop Sign Turnock and Kalorama "T" intersection No Parking Marion at Main Shorten no parking zone to 20 feet. Zone is now 67 feet. Handicap Parking Space 1801 Florence Street Pursuant to request submitted to the Board on September 30, 1991, by Ms. Victoria Kowalski. FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORTS Mr. Leszczynski advised that the Board is in receipt of two (2) lists as submitted by the Department of Code Enforcement indicating that fifty-nine (59) City owned and miscellaneous properties were cleaned by the Department during the period October 28, 1991 to November 1, 1991. Mrs. DeClercq made a motion that the lists be accepted for filing. Ms. Humphreys seconded the motion which carried. FILING OF CERTIFICATE OF INSURANCE Mr. Leszczynski noted that the Board is in receipt of a Certificate of Insurance from O.J. Shoemaker, Inc., P.O. Box 418, South Bend, Indiana. Therefore, Mrs. DeClercq made a motion that the Certificate be accepted and filed. Mr. Leszczynski seconded the motion which carried. APPROVE CLAIMS Mr. Leszczynski indicated that Mr. Juan A. Manigault, Executive Director, WDS, has submitted a list containing one hundred sixty (160) claims and recommended approval. Additionally, the Board is in receipt of lists from the Deputy Controller's office recommending that claims in the amounts of $650,777.76, $2,175,854.01, $369,633.23 and $2,122,474.49 be approved. Mrs. DeClercq made a motion that the claims as submitted be approved and the lists be filed. Ms. Humphreys seconded the motion which carried. REGULAR MEETING NOVEMBER 12, 1991 ADJOURNMENT There being no further business to come before the Board, upon a motion made by Ms. Humphreys, seconded by Mrs. DeClercq and carried, the meeting adjourned at 9:58 a.m. 1 ATT T: Sandra M. Parmerlee, Clerk r-J 11 I