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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 ,.--73 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 M 4 4. 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 �75 E 1 C 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. C n 1 877. 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 I 8: 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: �GWh Sandra M. Parmerlee, Clerk i%-01W �.._ Patricia E. DeClercq Michael L Vance 1 J