HomeMy WebLinkAbout12/22/87 Board of Public Works Minutes71
REGULAR MEETING DECEMBER 22. 1987
The regular meeting of the Board of Public Works was convened at
9:30 a.m. on Tuesday, December 22, 1987, by Patricia E. DeClercq,
with Mrs. DeClercq, Mr. Michael L. Vance and Mr. John E.
Leszczynski present. Also present was Assistant City Attorney
Carolyn V. Pfotenhauer.
APPROVE MINUTES OF PREVIOUS MEETING
Upon a motion made by Mr. Vance, seconded by Mrs. DeClercq, and
carried, the minutes of the December 15, 1987, regular meeting of
the Board were approved.
PUBLIC HEARING - TAXI LICENSE VIOLATIONS:
- ROSELAND CAB COMPANY (ROGER WOODS)
- ALLIED CAB COMPANY (WALTER JONES)
Mrs. DeClercq advised that this has been the date set for a
Public Hearing regarding taxi license violations of the Roseland
Cab Company, 835 West Colfax, South Bend, Indiana, and the Allied
Cab Company, 1600 N. Sheridan, South Bend, Indiana.
Chief Deputy Controller John D. Leisenring, advised the Board
that the City has received complaints that the Roseland Cab
Company and the Allied Cab Company were not providing twenty-four
(24) hour service. Additionally, as part of the investigation of
complaints the companies were asked to provide manifests. As a
result, it was found that not all of the drivers are maintaining
manifests. Based on the manifests the City did receive and
review the City could not determine if twenty-four (24) hour
service was being provided. Therefore, the charges against both
cab companies today is failure to maintain manifests and failure
to provide overall service.
Mr. Walter Jones, Allied Cab Company, was present and addressed
the Board. Mr. Jones stated that he provides Daily Trip Logs to
his drivers for completion. He advised that he has instructed
both his "lease" drivers and his "percentage" drivers that they
must complete this Daily Trip Log which they turn -in to him twice
a week. Mr. Jones indicated that he currently has ten (10)
taxicabs and twelve (12) to thirteen (13) drivers.
In regards to the twenty-four (24) hour service violation, Mr.
Jones stated that he keeps one (1) cab on overnight but if that
cab becomes unavailable callers are advised to contact another
cab company. He stated that he will try, however, to provide
better service and knows that his weakest operations time is
between 1:00 and 4:00 a.m. Mr. Jones further stated that when an
individual calls any cab company in the morning they must wait
for a ride. He further stated that if he is in some technical
violation of the ordinance, he intends to do his best to correct
that violation and fully comply with the requirements. In
response to Mr. Jones' inquiry of who complained about his
operation, Board member Michael L. Vance advised that the Yellow
Cab Company was the complainant.
Mr. Roger Woods, Roseland Cab Company, advised that he has little
more to add to the comments made by Mr. Jones. He advised,
however, that he did have trip sheets available for his drivers
but as most of his drivers own their own cars that information
was not of value to him. He stated that as required he will now
get these trip sheets from the drivers. He further stated that
as he is the smallest cab company in operation he does not always
have a taxicab available when a call comes in. If one taxicab
is in service in Elkhart and one is in Benton Harbor and if a
call comes in at that time, he would be short a taxi. He stated
that he handles pre -arranged rides as well as airline crew
transportation which occurs between the hours of 5:00-7:00 a.m.
Mr. Woods stated that in the instances where his drivers are on
prearranged calls they are precommitted and they are not
available to handle calls from the general public at that
REGULAR MEETING DECEMBER 22, 1987
specific time. He advised that his taxis get tied up as he
handles a lot of deliveries. Also, the problem of not having a
vehicle available occurs equally during the day or the night.
He clarified that it makes no difference to his business whether
it is day or night in terms of his vehicles being tied up and
unavailable for additional service. Mr. Woods advised that he
currently has six (6) cars licensed and he can only provide as
much coverage as he has vehicles.
Mr. Woods informed the Board that his telephones are manned
twenty-four (24) hours a day and that he is the person who
answers the telephone after midnight. He indicated that he
always tells individuals calling for a taxi how long it will take
and offer to call another service if they don't desire to wait.
He stated that he was not aware of the manifest requirement until
he was asked to provide them. He also stated that he knows how
the other companies work and they don't ask for manifests from
"leased" drivers.
Assistant City Attorney Carolyn V. Pfotenhauer stated that the
first complaint against the cab companies is that proper
manifests were not kept. She stated that Allied Cab Company had
the proper form but they were not being used. Roseland Cab
Company utilized their own form but will need to use a form
similar to the form utilized by the Allied Cab Company.
Mr. Woods advised that he has given all the drivers the
appropriate forms at this time.
Ms. Lorraine Malane, Dispatcher, Allied Cab Company, addressed
the Board and advised that she has previously worked for the
Yellow and Courtesy Cab Companies and stated that those
companies, just as the Allied Cab Company, have a varying number
of vehicles available in the evenings. She stated that if you
have a number of vehicles out of town, service cannot be provided
immediately.
Attorney Kevin Butler, One Michiana Square, South Bend, Indiana,
representing his client Yellow Cab Company, 710 North Niles,
South Bend, Indiana, advised that Yellow Cab Company owners Bert
and Michael Liss were also present today. Mr. Butler stated that
transportation is critical and taxi service is very important to
people who cannot afford their own transportation. He stated
that ninety to ninety-five per cent of the business of Yellow Cab
Company is servicing such individuals including the elderly and
the handicapped. He informed the Board that the Yellow Cab
Company does very little business at the airport. He stated that
Yellow Cab Company contends that the Allied and Roseland Cab
Companies have been covering the airport service. However, they
have not provided the overall City with coverage as required by
the ordinance which requires that an office be maintained
twenty-four (24) hours a day. He stated that it is their
contention that an office is not simply a telephone.
Mr. Butler stated that the Yellow Cab Company will be celebrating
its 60th year in the cab business and Mr. Liss knows the
business. Mr. Butler further stated that Mr. Liss knows the
service to be provided and the requirements under the City
ordinance and it is important that the provisions be enforced and
complied with. He informed the Board that the cab companies have
a responsibility to provide service as set forth in the ordinance
and that is the reason the complaint was submitted by the Yellow
Cab Company to the City Attorney's office.
Mr. Butler advised that with respect to service through the
night, the Yellow Cab Company understands that the other
companies only have one (1) or two (2) cabs working and they have
also been informed that in some instances the operations shut
down at night. He stated that the Yellow Cab Company provides
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REGULAR MEETING
DECEMBER 22, 1987
approximately six (6) or seven (7) cabs on the street at night.
Currently there are thirty-seven (37) licenses issued to the
Yellow Cab Company.
Mr. Jones stated that he has ten (10) taxicabs licensed and trip
logs will show that many of the calls made are not back and forth
to the airport and they are providing service to the community.
Mr. Jones presented to the Board the yellow pages and indicated
that they will show that he is trying to break-in to the local
market. He stated that if he wanted to work just the airport he
would not waste time and money advertising in the yellow pages.
He advised that they also believe that transportation is
important to the community. Finally, he informed the Board that
barring complaints from the general public, the Allied Cab
Company and the Roseland Cab Company are as legal pursuant to
ordinance requirements as any other cab company in town. He
informed the Board that the Yellow Cab Company utilizes slips of
paper and does not require drivers to turn in daily manifests.
He stated that unless they have changed their operation, the
Yellow Cab Company is also not in compliance with the manifest
requirement. He also stated that he believes that all cab
companies should be treated fairly. In regards to the
twenty-four (24) hour service requirement, Mr. Jones stated that
there have been times when he did not have a cab available but he
is going to tighten that matter up.
Mrs. DeClercq stated that unless there was anyone else present
wishing to speak regarding this matter, the public hearing would
be closed. There was no one else wishing to speak and the public
hearing was closed.
Mr. Vance stated that the City is not requesting the Allied Cab
Company and the Roseland Cab Company to do something that it is
not requiring the other cab companies to provide. Mr. Vance
stated that the City will enforce the ordinance requirements and
require all companies to maintain manifests. Mr. Leszczynski
confirmed Mr. Vance's statements.
Mrs. DeClercq stated that the Board has heard some information on
difficulties and suggestions how corrective actions could be
taken. She therefore made a motion that the Board take under
advisement all the information heard today with the matter to be
brought back to the Board for further action at a later time.
Mr. Vance seconded the motion and it carried.
OPENING AND AWARD OF BIDS - SALE OF ABANDONED VEHICLES
This was the date set for receiving and opening of sealed bids
for the sale of approximately twenty (20) abandoned vehicles
which have been stored at Steve and Gene's Auto & Truck Salvage
and Repair, 3109 South Gertrude Street, South Bend, Indiana. 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 bids were opened and publicly read:
Mr. Gene Hancz
Steve & Gene's Auto Truck Salvage
3109 S. Gertrude, P.O. Box 2883
South Bend, Indiana 46680
Vehicles No. 1 $ 3.00 Vehicles
No. 11
$ 21.75
2 5.75
12
5.00
3 9.75
13
5.00
4 5.75
14
17.50
5 385.75
15
3.00
6 2.00
16
15.75
7 3.00
17
11.75
8 9.75
18
11.75
9 15.75
19
19.75
10 19.75
20
19.75
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REGULAR MEETING
Mr. James L. Stambaugh, Jr.
54660 N. Oak
South Bend, Indiana
Vehicles No. 5 $160.75
10 15.01
19 18.01
Mr. Greg Ettl
19105 Strawberry Hill Road
South Bend, Indiana
Vehicles No. 5 $666.66
6 833.33
Mr. Charles E. Teske
54830 Pear Road
South Bend, Indiana
Vehicles No. 4 $
28.00
5
363.00
6
243.00
10
38.00
20
33.00
Mr. Howard W. Rubin
Rubin's Auto Parts, Inc.
23921 Western
South Bend, Indiana
Vehicles No. 5 $212.12
6 179.79
DECEMBER 22, 1987
Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq
and carried, the above bids were referred to the Department of
Code Enforcement for immediate review and recommendation in order
that an award could be made prior to adjournment of the meeting.
Following that review, upon a motion made by Mrs. DeClercq,
seconded by Mr. Leszczynski and carried, the following bids were
awarded:
Steve & Gene's - Vehicle No. 1
$ 3.00
2
5.75
3
9.75
7
3.00
8
9.75
9
15.75
11
21.75
12
5.00
13
5.00
14
17.50
15
3.00
16
17
15.75
11.75
18
11.75
19
19.75
TOTAL: $ 158.25
Greg Ettl - Vehicle No. 5 $666.66
6 833.33
TOTAL: $1,499.99
Charles E. Teske - Vehicle No. 4 $ 28.00
10 38.00
20 33.00
TOTAL: $ 99.00
GRAND TOTAL: $1,757.24
REGULAR MEETING
DECEMBER 22, 1987
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APPROVE COMMUNITY DEVELOPMENT ADDENDA
The following Community Development Addenda were presented to the
Board for approval:
ADDENDUM I
SOUTH BEND REDEVELOPMENT COMMISSION
REDEVELOPMENT ADMINISTRATION
Addendum I adds $50,000.00 to this activity and covers
reductions in Civil City funds for 1987 and 1988.
ADDENDUM V
SOUTH BEND HERITAGE FOUNDATION
NEAR WEST SIDE COMMERCIAL LOAN FUND ACTIVITY
Addendum V adds $10,000.00 to this activity.
Upon a motion made by Mr. Vance, seconded by Mrs. DeClercq and
carried, the above Addenda were approved and executed.
APPROVE AGREEMENT FOR PROVISION OF YOUTH SERVICES
Mr. Vance advised that submitted to the Board for approval was an
Agreement for the Provision of Youth Services for the period
January 1, 1988 through December 31, 1988 providing for the
retention of Youth Services Bureau, Inc. by the City to provide
certain services to the City's youth and their families. Mr.
Vance stated that the Agreement continues the current arrangement
with Youth Services Bureau for another year at the amount of
$40,000.00 which is a reduction of $10,000.00 from the current
contract. Upon a motion made by Mrs. DeClercq, seconded by Mr.
Vance and carried, the Agreement was approved and executed.
RESOLUTION NO. 36-1987 - DESIGNATING TB
DEPARTMENT OF CODE ENFORCEMENT AS DESIG
SIDEWALK NOTICES - TABLED
IRECTOR OF THE
R PURPOSES OF
Upon the consensus of members of the Board the above referred to
Resolution No. 36-1987, was tabled at this time in order to give
Board members an opportunity to discuss the proposed implementa-
tion as granted by said Resolution.
AWARD BID - PEST AND RODENT CONTROL AT POLICE DEPARTMENT AND
THREE (3) POLICE SUBSTATIONS
In a letter to the Board Police Chief Charles T. Hurley has
advised that the Police Department has reviewed the bids received
on December 15, 1987, to provide the above referred to services
and recommends at this time that the bid be awarded to Rose
Exterminator Company, 614 West Calvert Street, South Bend,
Indiana, in the amount of $62.00 per month or $744.00 per year.
Chief Hurley stated that Rose Exterminator Company is the current
provider of pest control services for the police facilities and
the Police Department is satisfied with the service provided.
Upon a motion made by Mr. Vance, seconded by Mrs. DeClercq and
carried, the above recommendation was accepted and the bid
awarded.
REQUEST OF SOUTH BEND LICENSE BRANCH FOR INSTALLATION OF HANDICAP
PARKING SPACE IN FRONT OF 3300 W. SAMPLE STREET AND INSTALLATION
OF EITHER YELLOW FLASHING CAUTION LIGHT OR TRAFFIC LIGHT AT
In a letter to the Board, Ms. Leona Kintz, Office Manager, South
Bend License Branch, 3300 West Sample Street, Suite 100, South
Bend, Indiana, advised that the South Bend License Branch now has
a handicap ramp at the entrance to the building. Ms. Kintz
further indicated that she would like to request a handicap
parking space on the street in front of the building.
Additionally, since the majority of people driving to the license
branch travel west on Sample Street, she inquired if it would be
REGULAR MEETING DECEMBER 22, 1987
possible to have a yellow flashing caution light at Industrial
Drive or perhaps a traffic light installed at that location. She
stated that the branch is located on the south side of Sample
Street and it requires a left-hand turn off of Sample onto
Industrial Drive to enter the parking lot. She further stated
that there have been several accidents and many near -misses.
Therefore, upon a motion made by Mr. Leszczynski, seconded by
Mrs. DeClercq and carried, the above request was referred to the
Bureau of Traffic and Lighting and the Police Department Traffic
Division for review and recommendation.
REQUEST FOR DESIGNATED HANDICAPPED PARKING SPACE AT 1405 DUBAIL -
REFERRED
In a letter to the Board, Ms. Patsy L. Vitale, 1405 East Dubail
Street, South Bend, Indiana, advised that she is permanently
disabled and would like to have a handicapped parking space in
front of her residence because she has difficulty walking. She
further stated that her neighbors have many cars and visitors and
she occasionally cannot park in front of her residence. Upon a
motion made by Mr. Vance, seconded by Mrs. DeClercq and carried,
the request was referred to the Bureau of Traffic and Lighting
and the Police Department Traffic Division for review and
recommendation.
ST OF REDEEMER MISSIONARY
WAIVER OF SI
INSTALLATION MORATORIUM - REFERRED
Mr. Leszczynski advised that Tom Long, Pastor, Redeemer Church,
2313 Solomon, South Bend, Indiana, requested a waiver of the
moratorium on the installation of signs in the public
right-of-way. Pastor Long indicated that he would like church
signs to be placed at the following locations:
1. Ironwood and Solomon
2. Corby and Eisenhower
3. Edison and Rockne
4. Rockne & Flag
5. Eisenhower and Flag
6. Hickory and Corby
Pastor Long stated that the church is a precinct voting center,
the residential neighborhood has grown and gradually has taken
away visibility in Edison Park and the church is a non-profit
organization working to upgrade the moral climate of the City.
Pastor Long further advised that the signs are 24'x28'and
tastefully done by a professional sign painter. They would be
placed in such a way as to not obstruct drivers or make extra
work for snow removal equipment. Upon a motion made by Mr.
Leszczynski, seconded by Mrs. DeClercq and carried, the request
was referred to the appropriate City departments and bureaus for
review and recommendation.
REQUEST OF HERRMAN & GOETZ, INC. TO OCCUPY THE PUBLIC SIDEWALK AT
224 W. JEFFERSON FOR BUILDING REPAIRS - REFERRED
In a letter to the Board, Mr. Thomas J. Herrman, Professional
Engineer, Building Owner, requested permission to occupy the
public sidewalk that runs between the curb and the building wall
on the north and west sides of the building at 224 West Jefferson
Boulevard. Mr. Herrman advised that they intend to construct a
temporary winter shelter over each of the first floor windows in
order to replace the existing windows and aluminum sash. The
shelter will protrude onto the sidewalk a distance of four (4)
feet from the building, allowing at least six (6) feet of walk
free area to pedestrians. The shelter will be only twenty (20)
feet long and will be moved to each of ten (10) windows as the
preceding window is complete. The request is for the period
January 1, 1988 through March 31, 1988.
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REGULAR MEETING
DECEMBER 22, 1987
Upon a motion made by Mr. Vance, seconded by Mrs. DeClercq and
carried, the above request was referred to the appropriate City
departments and bureaus for review and recommendation.
APPROVE CONTRACTOR'S BOND
Mr. Melvin Humphrey, Engineering Department, recommended that the
Contractor's Bond for Casteel Construction Corporation be
approved effective December 22, 1987. Upon a motion made by Mr.
Vance, seconded by Mr. Leszczynski and carried, the above
Contractor's Bond was approved.
APPROVE TRAFFIC CONTROL DEVICES
Upon a motion made by Mr. Vance, seconded by Mrs. DeClercq and
carried, the following three (3) traffic control devices were
approved:
1. NEW INSTALLATION, NO PARKING SOUTH & NORTH SIDE -
2400-2500 W. Indiana. (.Newly constructed Street, Mastic Corp.)
2. NEW INSTALLATION, TRAFFIC SIGNALS - Sugar -Maple
Lane & Bendix Dr. (Activation of Signals).
3. REVISED TO 1 HOUR, 2 HOUR PARKING 6A-6P - 2300-3300
Mishawaka Avenue. (Requested by River Park
Business Assoc.):
1 Hour
2300 Mishawaka S/S
2600 Mishawaka S/S
2700 Mishawaka S/S
2900 Mishawaka N/S
3200 Mishawaka S/S
3300 Mishawaka East 1/2 Block
2 Hour
2200 Mishawaka S/S
2500 Mishawaka S/S
2800 Mishawaka S/S
3000 Mishawaka S/S and N/S
3100 Mishawaka S/S and N/S
FILING OF STREET LIGHT OUTAGE REPORT
The report submitted to the Board indicated a total of one
hundred twelve (112) street light outages reported during the
month of November. Upon a motion made by Mr. Vance, seconded by
Mr. Leszczynski and carried, the report as submitted was filed.
FILING OF CERTIFICATE OF INSURANCE
Upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski
and carried, the Certificate of Insurance for Warner & Sons,
Inc., P.O. Box 87, Elkhart, Indiana, was accepted and filed.
FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORT
A report from the Department of Code Enforcement indicating a
total of forty-four (44) properties cleaned from December 14,
1987 to December 18, 1987, was submitted. Upon a motion made by
Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the
report as submitted was filed.
APPROVE CLAIMS
Chief Deputy Controller John Leisenring submitted Claim Docket
No. 17153 through Claim Docket No. 17319 as well as Claim Docket
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REGULAR MEETING
DECEMBER 22, 1987
No. 15546 through Claim Docket No. 15669 and recommended
approval. Upon a motion made by Mr. Vance, seconded by Mrs.
DeClercq and carried, the claims were approved and the report
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 10:08 a.m.
ATTEST:
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Sandra M. Parmerlee, Clerk
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Patricia E. DeClercq
Michael L Vance
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