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REGULAR MEETING OCTOBER 7, 1985
The regular meeting of the Board of Public Works was convened at
9:30 a.m. on Monday, October 7, 1985, by President John E.
Leszczynski, with Mr. Leszczynski, Ms. Katherine G. Barnard
and Mr. Michael L. Vance present. Also present was Assistant
City Attorney Carolyn V. Pfotenhauer.
APPROVE MINUTES OF PREVIOUS MEETING
Upon a motion made by Ms. Barnard, seconded by Mr. Vance, and
carried, the minutes of the September 30, 1985, regular meeting
of the Board were approved.
OPENING OF BIDS - PARKING LOT WALKWAYS AND PLANTERS PROJECT
This was the date set for receiving and opening of sealed bids
for the above referred to project. 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:
CARL J. REINKE & SONS, INC. BID: $69,083.00
1216 West Sample Street
P.O. Box 3095
South Bend, Indiana 46619
Bid was signed by Harold J. Reinke, President and Harold G.
Reinke, Jr., President -Secretary, Non -Collusion Affidavit
was in order and a 5% Bid Bond was submitted.
ZIOLKOWSKI CONSTRUCTION, INC. BID: $47,890.00
P.O. Box 1106
South Bend, Indiana 46624
Bid was signed by Ben Ziolkowski, President and Roberta
Ziolkowski, Secretary, Non -Collusion Affidavit was in
order and a 5% Bid Bond was submitted.
KASER-SPRAKER CONSTRUCTION, INC. BID: $49,448.00
25487 West State Road 2
P.O. Box 3605
South Bend, Indiana 46601
Bid was signed by Gary L. Spraker, President and Daniel H.
Kaser, Secretary, Non -Collusion Affidavit was in order and
a 5% Bid Bond was submitted.
Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and
carried, the bids were referred to the Engineering Department for
review and recommendation.
PUBLIC HEARING AND RECOMMENDATION
- ALLEY VACATIONS: 1ST NIS
ALLEY E. OF CIRCLE AVENUE & 1ST E/W ALLEY N. OF WASHINGTON
Mr. Leszczynski advised that this was the date set for the
Board's Public Hearing on proposed alley vacations described as
the first North/South Alley east of Circle Avenue running north
from Washington Avenue to Liston Street for a distance of 206.25
feet, ALSO; the first East/West Alley north of Washington Avenue
running east from forementioned alley a distance of 200 feet to
the intersection with the North/south alley all being in
"Brothers Addition" and adjacent lots, key numbers 18-2002-0015
and 18-20002-0016.
It was noted that this Public Hearing is being held in order for
the Board to submit a recommendation to the Common Council
concerning the Vacation Petition filed by Mr. James C. Trotter,
2415 West Prast Boulevard, South Bend, Indiana and Mr. Frankie
Trotter, 726 South Wellington Street, South Bend, Indiana. It
was further noted that pursuant to South Bend Municipal Code
Section 18.53.8, owners whose property abut the proposed alley to
be vacated were notified of the Board's Public Hearing date.
REGULAR MEETING
OCTOBER 7, 1985
There being no one present wishing to speak either for or against
the proposed alley vacation, and no written objections having
been filed with the Board, upon a motion made by Mr. Leszczynski,
seconded by Mr. Vance and carried, the Public Hearing on this
matter was closed.
Mr. Leszczynski advised that favorable comments have been
received from the Engineering Department, Area Plan Commission
and the Community Development Department concerning these
proposed alley vacations.
Therefore, upon a motion made by Ms. Barnard, seconded by Mr.
Vance and carried, the Clerk was instructed to forward to the
Common Council a favorable recommendation on the above referred
to alley vacation subject to any and all utility easements.
PUBLIC HEARING ON REVOCATION OF CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR THE OPERATION OF TAXICABS - ROGER
D. WOODS
Mr. Leszczynski advised that this was the date set for the
Board's Public Hearing on the revocation of the Certificate of
Public Convenience and Necessity for the Operation of Taxicabs
for Mr. Roger D. Woods, 1410 Viking Drive, South Bend, Indiana,
d/b/a Roseland Cab Company.
Mr. Leszczynski further advised that Mr. Michael L. Vance,
Director, Administration and Finance, had informed Mr. Woods by
letter of the Public Hearing to consider revocation of his
license pursuant to Sections 4-16(a)(3)&(4) of the South Bend
Municipal Code which provides that the City Controller may revoke
a license after Notice and Hearing for wilful violation of a term
or condition of a license and for wilful activity in violation of
a provision of the South Bend Municipal Code.
Mr. Vance in his letter advised Mr. Woods that his taxi cab
insurance policy as required by the South Bend Municipal Code was
cancelled for non-payment on July 31, 1985. Additionally,
numerous complaints have been received stating that he was
operating his taxi business out of his residence located at 1410
Viking Drive thereby violating the South Bend Zoning ordinance.
Ms. Carol Sanders, Deputy City Controller, was present and
presented to the Board the following Statement of Facts:
There have been several complaints made against the Roseland
Cab Company which is owned and operated by Roger Woods. These
complaints prompted an investigation into Mr. Woods' operation
and have resulted in a hearing before the Board of Public
Works with a recommendation on my part that Mr. Woods'
Certificate of Public Convenience be revoked. Following are
the complaints against Roseland Cab.
1. Operating a business out of Mr. Woods' personal
residence located at 1410 Viking Dr. which is in
violation of the South Bend Municipal Zoning
Ordinance.
2. Use of cabs without meters in violation of the
South Bend Municipal Code.
3. Charging flat rates rather than the rates on file
with the Board of Public Works which is a violation
of the South Bend Municipal Code.
As previously mentioned, these complaints prompted an
investigation by the Controller's Office, the Department
of Neighborhood Code Enforcement, the Department of Weights
REGULAR MEETING
OCTOBER 7, 1985
and Measures and the Attorney's Office. This investigation
turned up many violations to the South Bend Municipal Code
which is the reason I am requesting that Mr. Woods' Certificate
of Public Convenience be revoked. The violations to the code
are listed below:
1. Operating a taxi business without insurance.
(See 4.61. ii-1)
Mr. Woods presented a Certificate of Insurance dated
1-30-85 and also 5-8-85. Both certificates were
issued by Bath Van Mele & Associates. I was
informed by Bath Van Mele that Mr. Woods' insurance
for Roseland Cab was cancelled for non-payment
effective 7-31-85.
2. Discrepancy between taxis licensed and operated.
(See 4-61. (b)(2)
After inspection approval of a cab by the Police
Department, the Board of Works instructs the
Controller to issue a license authorizing that
vehicle to operate as a taxicab. Below is a table
showing the different vehicles that appear to be
operated by Roseland Cab.
Description of License
Vehicle # Issued
71
Green Chevy
70
72
Green Chevy
71
81
Blue
72
75
Blk/Blue Olds
73
74
Red/Blk Ford
74
79
Chevy St. Wagon
Mercury St. Wagon
74
Cadillac
76
Chevy Caprice
76
Olds Cutlass
76
Ford Granada
License #
of Vehicle
Inspected
by Weights &
Measures
Vehicles
Insured by
BathVanMele
1/30/85
X
72(1)
66(2)
(3)
X
X
X
(1) Failed inspection by Weights & Measures on 10-2-85
(2) License #66 was issued to Allied Cab
(3) No number on cab
Vehicles
Insured by
Bath V.M.
5/8/85
3. Operating a taxi after being ordered out of service by
the Department of Weights and Measures for faulty
meter until meter is repaired and in required working
condition.
X
X
X
After receiving complaints that Roseland Cab was operat-
ing taxis without meters, Joe Nagy contacted Mr. Woods
on September 30, 1985, and told him that all of his
vehicles would have to be inspected. Mr. Woods was
told to have his vehicles at the Inspection Course at
9:00 a.m. on October 1, 1985. Only one vehicle
(license #72) was inspected at 9:00 a.m. that day.
The vehicle failed the inspection and was ordered out
of service by Mr. Nagy. At 10:13 a.m. on October 2,
1985, that same vehicle was spotted by one of Mr.
Nagy's employees leaving the South Bend Municipal
Regional Airport with a passenger.
4. Not maintaining a central place of business with an
office open 24 hours for the purpose of receiving
calls and dispatching cabs. (See 4-61 (d) (2).
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REGULAR MEETING
OCTOBER 7, 1985
Mr. Nagy said that when he questioned Mr. Woods
about his business location, he was told that
there was no office and that all dispatching was
done from a phone in one of the vehicles.
5. Allowing a person without a valid taxicab driver's
license to operate a vehicle for Roseland Cab.
( See 4-61 (mm)
Richard Traxler applied for cab license #72 as the
operator of that vehicle. He has not been issued a
taxicab driver's license by the City of South Bend.
In addition a petition has been signed by several neighbors
of Mr. Woods because several taxicabs have been parked at
Mr. Woods' residence on numerous occasions. Kathy Barnard,
Director of Neighborhood Code Enforcement will present
the facts relative to this particular complaint.
As a last point, I feel an investigation into Allied Cab
Company is in order since it appears that one of their cabs
(license #66) was brought in for Roseland Cab's meter
inspection.
Mr. Joseph Nagy, Sr., Sealer, Weights and Measures was present
and advised the Board that on April 29, 1985, he mailed letters
to all the cab companies requesting that they submit their
current rates. He stated that Roseland Cab was the only company
that did not respond.
Mr. Nagy advised that on September 23, 1985, he telephoned
Roseland Cab and requested that they bring in their cabs for
inspection. He further advised that on September 25, 1985 the
meter serial number of Roseland cab license #66 was 4119. On
October 4, 1985, Roseland Cab license #72 was reinspected and had
the same meter serial number as #66 (4119).
Mr. Nagy advised the Board that on September 24, 1985, Roseland
Cab license #66 was seen at the corner of Mayflower and Western
with a passenger. However that cab meter had not been approved.
Additionally, Cab License #72 was condemned on September 24 and
was seen at the airport on September 25. On October 2 license
#72 was condemned again and was seen with a passenger in the cab
shortly thereafter.
Ms. Barnard stated that she began receiving complaints concerning
the zoning violation in early June. In September, a petition was
submitted to her asking that Roseland Cab Company cease operating
its business at 1410 Viking Avenue.
Mr. Roger Woods, owner of Roseland Cab Company, was present and
spoke to the Board. He stated that on October 2, 1985, he tried
to speak to Mr. Vance, Ms. Pfotenhauer and Ms. Barnard and was
not able to speak to any of them. He advised that he currently
has only one vehicle operating as a taxi and he has a person
from Courtesy Cab taking his excess calls. He further stated
that the vehicle bearing city license #66 was purchased from
Allied Cab and that he uses it for luggage delivery only, not as
a taxi cab. The other three cabs have mechanical problems or
are inoperable and the ones parked at his house have had the taxi
cab decals and lights stripped from them.
Mr. Woods said that he has never run the taxi cab business out of
his house. No drivers ever came inside his house, nor any
passengers, except for a neighbor and he was told not to come to
the house again but to call. He stated that just because he has
his telephone in the house does not mean he runs the business
from there. Mr. Woods advised that he put the meter from #66
into #72 because he was not using #66 as a taxi. Other cars that
were on the list have been sold or wrecked months ago.
REGULAR MEETING OCTOBER 7, 1985
Mr. Woods advised that three cars will go back on the -street as
taxis when he gets insurance. Mr. Richard Traxler owns his other
cab and therefore, the insurance is in the name of Richard
Traxler.
Mrs. Reeder, 1402 Viking Street addressed the Board. She said
she has been complaining since June. The house she purchased is
empty and Mr. Woods parks his cars in front of her driveway so
that when she goes there she cannot even park in the driveway.
She is now trying to sell the house and her realtor told her
everytime there is someone interested, as soon as they see all
the cars parked there they don't want the house.
Ms. Pfotenhauer advised the Board that the matters presented to
the Board are not isolated instances. There appears to be a
history of problems with Mr. Woods going back three or four
years. She further advised that when the Board issued the
Certificate of Public Convenience and Necessity it was pursuant
to the Municipal Code which states that while a residence can be
used as a 24 hour office for receiving calls only, the Board
specifically noted that cabs themselves could not be kept at the
home or dispatched from there.
Ms. Barnard also stated that she has been discussing complaints
received with Mr. Woods since June and that this has been a
continuing problem.
Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard
and carried, the public hearing was closed.
Ms. Sanders stated that she knows of no ordinance procedure which
would require that the City be advised when a cab is sold or
wrecked. She noted, however, that a City taxi license issued to
a specific vehicle cannot be transferred to a different vehicle.
Mr. Woods advised that some of the cars on the list were on there
twice. He said the 75 Blk/Blue Olds was really the 76 Olds
Cutlass and the 74 Red/Blk Ford was the 76 Ford Granada.
Ms. Pfotenhauer questioned Mr. Woods as to how many vehicles
Roseland Cab Company is operating. Mr. Woods stated that he is
only operating city license cab #72 which is owned by Mr. Richard
Traxler. There is no record of a City taxi license for the
Mercury station wagon operated by Roseland Cab and he was
therefore advised that he must secure a City taxi cab license for
that vehicle. Ms. Pfotenhauer further advised Mr. Woods that
licenses are non -transferable from company to company or car to
car. Mr. Woods said he called the Deputy Controller's office and
was told that they were transferable from car to car. Mr. Woods
stated that the other cab companies transfer from car to car.
Ms. Pfotenhauer advised Mr. Woods that he should return the
licenses for the vehicles that were junked to the Deputy
Controller's Office (#71, 73 and 74).
Mr. Vance stated that there are many issues and they have not all
been answered satisfactorily. Upon a motion made by Mr. Vance,
seconded by Ms. Barnard and carried, the license of Roseland Cab
Company is suspended until such a time as the issues are cleared
up with the Controller's office and the City Attorney's office
satisfactorily. The general issues are:
1. Insurance
2. Which vehicles go with which licenses
3. Meters must be inspected
4. Going by flat rates or metered rates
5. Owner/Operator
6. Zoning
Mr. Leszczynski requested that Ms. Pfotenhauer prepare a letter
to Mr. Woods specifically defining the issues. Mr. Woods stated
that he would pick the letter up when it was ready rather than
have it mailed.
REGULAR MEETING
OCTOBER 7, 1985
APPROVE COMMUNITY DEVELOPMENT ADDENDA
The following Community Development Addenda were presented to the
Board for approval:
ADDENDUM I
DIVISION OF REDEVELOPMENT
STUDEBAKER CORRIDOR DEVELOPMENT PLAN ACTIVITY
Addendum I provides for the addition of construction
retainage payment.
ADDENDUM I
BUREAU OF HOUSING
HOUSING REHABILITATION FUND ACTIVITY
Addendum I provides for the addition of $100,000.00 to this
activity's budget. The total cost of this activity shall not
exceed $650,000.00
Upon a motion made by Ms. Barnard, seconded by Mr. Leszczynski
and carried, the above addendum were approved and executed.
APPROVE MEMORANDUM OF UNDERSTANDING BETWEEN THE SOUTH BEND
HOUSING AUTHORITY AND CITY OF SOUTH BEND RE: RENTAL
REHABILITATION PROGRAM
Mr. Ted Leverman, Assistant Director, Bureau of Housing,
submitted to the Board for approval the above referred to
document. He advised that the Memorandum of Understanding is a
federal government requirement of the Rental Rehabilitation
Program as stated in the Federal Register. The Rental
Rehabilitation Program provides incentive to investors to
rehabilitate their properties by offering deferred loans at 0%
interest for up to 50% of the rehab costs. In order to avoid
displacement of existing tenants, eligible lower -income tenants
residing in the properties are given Section 8 Existing Housing
Certificates or Housing Vouchers to help them pay after -
rehabilitation rents. He further advised that the Redevelopment
Commission recently approved the first two (2) projects under
this program, involving a total of eight (8) units. They will be
funded out of the 1984 allocation from HUD. Upon a motion made
by Mr. Vance, seconded by Ms. Barnard and carried, the document
referred to above was approved and executed.
APPROVE REQUEST TO ADVERTISE FOR RECEIPT OF BIDS - OLIVE STREET
AND STATE ROAD 23 INTERSECTION IMPROVEMENTS PROJECT
In a letter to the Board, Mr. Neil A. Shanahan, Manager, Bureau
of Public Construction requested that the Board advertise for the
receipt of bids for the above referred to Project. The Project
entails the installation of traffic signals and the widening of
the intersections of Olive and State Road 23. Upon a motion made
by Mr. Leszczynski, seconded by Ms. Barnard and carried, the
above request was approved.
APPROVE REQUEST TO ADVERTISE FOR THE RECEIPT OF INSURANCE
QUOTATIONS FOR LIABILITY, PROPERTY, WORKER'S COMPENSATION AND
CRIME COVERAGE
In a letter to the Board, Mr. Vance requested that the Board
advertise for the receipt of proposals for the above referred to
insurance. Per Section 16-2.1 of the Municipal Code the City of
South Bend must seek competitive proposals for insurance coverage
every three (3) years. That three (3) year period ends during
1985. All coverages must be effective January 15, 1986.
Coverages are as follows:
REGULAR MEETING
OCTOBER 7. 1985
Real and Personal Property (all risk)
Business Interruption (all risk)
Boiler and Machinery (physical damage)
Floater coverages
Workmen's Compensation & Employer's
Liability
Comprehensive General Liability
Comprehensive Automobile Liability
& Physical Damage
Catastrophe (umbrella) Excess Liability
Crime Coverages & Public Officials Airs
& Omissions
Upon a motion made by Ms. Barnard, seconded by Mr. Leszczynski
and carried, the above request was approved.
FILING OF PETITION FOR RESTRICTED RESIDENTIAL PARKING ZONE - 300
& 400 EAST EWING
Mr. Leszczynski advised that Stanley and Mary Ellen Watson, 410
East Ewing Street, South Bend, Indiana, submitted to the Board a
Petition signed by the residents of the 300 and 400 blocks of
East Ewing Street, requesting restricted residential parking only
between the hours of 7:00 a.m. to 4:00 p.m. Monday thru Friday
due to the parking problems associated with school hours at Riley
High School. Upon a motion made by Mr. Leszczynski, seconded by
Ms. Barnard and carried, the Petition was referred to the Bureau
of Traffic and Lighting for review and recommendation. It was
noted that a traffic study will be conducted by the Bureau to
determine if the restriction is warranted and that would take
about sixty (60) days.
APPROVE MOVING STOP SIGN FROM VASSAR STREET TO COLLEGE STREET
In a letter to the Board, Mr. Joseph J. Pluta, Director, Division
of Engineering, advised the Board that the Bureau of Traffic and
Lighting has recently completed a traffic study at the above
location. This study showed that the weekday vehicular traffic
volume was as follows:
Vassar Weekday Average
College Weekday Average
According to the Indiana Manual on
devices, a stop sign is warranted
important road with a main road.
is based on traffic volumes.
1,628 Veh/Day
532 Veh/Day
uniform traffic control
at an intersection of a less
The determination of importance
Since Vassar is considered the main road due to the traffic
volume, this is the road that should go through. College should
have the stop sign. With this in mind, Mr. Pluta is recommending
that the stop sign be switched from Vassar to College.
Upon a motion made by Mr. Vance, seconded by Ms. Barnard and
carried, the above recommendation was approved.
APPROVE REQUEST FOR ASSISTANCE FOR THE GIPPER SHOW - OCTOBER 18,
1985
Mr. Leszczynski advised that the Bureau of Traffic and Lighting
and the Police Department Traffic Division have reviewed the
.request made by Ms. Mikki Dobski, Director, Office of Community
Affairs, on behalf of the Hospice for various traffic control
assistance and to place a banner across Jefferson Street at
Michigan Street for the Gipper Show, said request submitted to
the Board on September 30, 1985, and recommend approval. Upon a
motion made by Mr. Vance, seconded by Ms. Barnard and carried,
the recommendation was accepted and the request approved.
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REGULAR MEETING
OCTOBER 7, 1985
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APPROVE TITLE SHEETS - STATE ROAD 23 AND OLIVE STREET
INTERSECTION IMPROVEMENTS AND MAPLE LANE FOURS, PHASE IV,
SECTION 2
Mr. Leszczynski advised that the Title Sheets for the above
referred to projects were being presented at this time for
execution. It was noted that the Maple Lane Fours Project would
be totally funded by the Holladay Corporation. Upon a motion
made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the
above referred to Title Sheets were approved and signed.
TRAFFIC CONTROL DEVICES
Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard
and carried, the following two (2) traffic control devices were
approved:
1. NEW INSTALLATION, NO PARKING - North side of Jackson
Road from Miami, West to west property line of
Jackson School. (Requested by Police Department).
2. REMOVAL OF 2-WAY STOP SIGN, REVISED TO 4-WAY STOP
SIGN - Crestwood & Hepler. (Increase of Traffic).
APPROVE LICENSE APPLICATION - OPEN AIR STAND
Mr. Leszczynski advised that the following license application
has been received:
NAME:
BY:
ADDRESS:
STAND TO BE LOCATED AT:
DATES
FOR THE PURPOSE OF:
Johnson Meats
Dellie E. Johnson
830 East Ewing
322 West Sample Street
(Glo Worm Parking Lot)
lst thru 15th of each month
Selling frozen meat
Mr. Leszczynski further advised that favorable recommendations
have been received from the Police Department and Bureau of
Traffic and Lighting. Additionally provided with the application
was a letter of permission from the property owner. Upon a
motion made by Ms. Barnard, seconded by Mr. Vance and carried,
the above license application was approved.
FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORT
A report from the Department of Code Enforcement indicating a
total of one -hundred thirty-four (134) properties cleaned from
September 30, 1985 to October 4, 1985, was submitted. Upon a
motion made by Ms. Barnard, seconded by Mr. Vance and carried,
the report as submitted was filed.
FILING OF STREET LIGHT OUTAGE REPORT
The report submitted to the Board indicated a total of
one -hundred forty-four (144) street light outages reported during
the month of September. Upon a motion made by Mr. Leszczynski,
seconded by Ms. Barnard and carried, the report as submitted was
filed.
FILING OF CERTIFICATE OF INSURANCE
Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard
and carried, the Certificate of Insurance for Gratzol & Nicodemus
Roofing & Sheet Metal, Inc., 25809 Borg Road, Elkhart, Indiana
46514 was accepted and filed.
REGULAR MEETING
OCTOBER 7, 1985
APPROVE CLAIMS
Mr. John Ferguson, Executive Director, St. Joseph County Job
Training Program submitted a list containing one -hundred nine
(109) claims and recommended approval. Additionally, Deputy City
Controller Carol M. Sanders submitted Claim Docket No. 22272
through Claim Docket No. 22739 and recommended approval. Upon a
motion made by Mr. Vance, seconded by Ms. Barnard and carried,
the claims 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 Mr. Vance and
carried, the meeting adjourned at 10:45 a.m.
ohn E. `Leszcz n k ,
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Katherine ZT. Barnard
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Michael L. Vance
ATTEST:
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Sandra M. P-warmerlee, Clerk
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