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Home My WebLink About10/01/84 Board of Public Works Minutes383 REGULAR MEETING OCTOBER _l-) - 1984 The regular meeting of the Board of Public Works was convened at 9:33 a.m. on Monday, October 1, 1984, by President John E. Leszczynski, with Mr. Leszczynski, Mr. Richard L. Hill and Mr. Michael L. Vance present. Also present was Assistant City Attorney Carolyn V. Pfotenhauer. AGENDA ITEM ADDED AND AGENDA ITEM STRICKEN Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the request of the Park Avenue Neighborhood Association to conduct a block party was added to the agenda and the matter of the Contract for Collection Services - Department of Code Enforcement was stricken from the agenda as it was not ready for Board approval at this time. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Hill, seconded by Mr. Vance and carried, the minutes of the September 24, 1984, regular meeting of the Board were approved. OPENING OF BIDS - FIFTY-FIVE (55) SELF-CONTAINED BREATHING APPARATUS UNITS FOR THE SOUTH BEND FIRE DEPARTMENT This was the date set for the receiving and opening of sealed bids for the above referred to equipment. It was noted that bids received for this equipment on September 4, 1984, were rejected due to the lack of competitiveness and prices above the Department's estimated cost and this date was set for the receiving of new bids. 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: MINE SAFETY APPLIANCES COMPANY Bid was signed by John W. Carville, 600 Penn Center Boulevard Vice -President, Non -Collusion Pittsburgh, Pennsylvania 15235 Affidavit was in order and a Bid Bond in the amount of $8,700.00 was submitted. 55 474155 Custom 4500 Air Mask w/60 $1425.00 ea. _ $78,375.00 Minute fully wound composite cylinder w/o case 4500 psig Less trade in 6750.00 = 71,625.00 25 474157 Spare Cylinder for above 30 minute fully wound composite cylinder - 4500 PSIG 345.00 ea. = 8,625.00 -OR- 25 474156 Spare cylinder for above 60 minute fully wound composite cylinder - 4500 psig -OR- 615.00 ea. = 15,375.00 55 473625 Ultralite Air Masks w/fully wound composite II cylinder w/o case 1100.00 ea. = 60,500.00 Less trade in 6750.00 53,750.00 25 473579 Spare cylinder for above 30 minute fully wound - 2216 psig 345.00 ea. = 8,625.00 -OR- 55 473626 Ultralite-Air Mask w/hoop-wound cylinder w/o case - 2216 psig 1050.00 ea. = 57,750.00 Less trade in 6750.00 51,000.00 25 473581 Spare cylinders for above 30 minute cylinder hoop -wound 2216 psig 345.00 ea. = 8,625.00 REGULAR MEETING OCTOBER.. 1, . 1984 Trade-in allowance of $150.00 for 45 survivair units will be offered on a One -to -One basis. Exception is taken to the following: (1) Silicone facepiece - Facepiece is of Hycar rubber. (2) Regulator is not designed with quick disconnect. (3) Ultralite is equipped with 30 min. cylinders only. We know of no 60 minute cylinders available for 2216 PSIG Units. HALTERMAN'S GENERAL FIRE Bid was signed by Lessel L. SAFETY & EQUIPMENT Halterman, Non -Collusion Affidavit P.O. Box 97 was in order and a Bank Money Order Macy, Indiana 46951 in the amount of $4,200.00 was submitted. 55 Self -Contained Breathing Apparatus - GLOBE $864.00 ea. _ $47,520.00 25 Spare Tanks TRADE-IN (45) OPTION: Extra face mask & hose ass. complete w/quick disconnect & coupler Exceptions: Backpack is not hinged, it features a steel frame wide enough to accommodate the largest person. FACEPIECE: Speaking diaghram is not available for the mask Headstrap has a five point construction, this provides a superior seal. SUB -AQUATICS, INC. 8855 East Broad Street Reynoldsburg, Ohio 43068 55 Survivair #9842.03 SCBA Units Mark 2, bw Pressure OPTIONS: 25 9161.03 Spare Cylinders Face mask & hose assemblies: 211.50 ea. _ $ 5,287.50 253.72 ea. _ $11,417.40 123.30@ Bid was signed by William E. McBride, President, Non -Collusion Affidavit was in order and a Certified Check in the amount of $4,850.70 was submitted. $881.95 ea. _ $48507.00 232.28 ea. = 5807.00 185.07 ea. Trade-in allowance: 55.00 ea. for old units OK SAFETY SUPPLY, INC. Bid was signed by John R. McDonald, P.O. Box 564 Vice -President, Non -Collusion Hammond, Indiana 46325 Affidavit was in order and a 10% Bid Bond was submitted. 55 ea. Survivair, model #9842-03 Mark II self- contained, positive pressure breathing apparatus without case $840.00 ea. _ $46,200.00 25 ea. Survivair, model #9161-03 Mark II 30- minute 2216 PSI, 45 cu. ft. cylinder with valve 230.00 ea. _ $ 5,750.00 - ea. Model #941700 face mask and hose assembly with quick disconnect coupler 170.00 1 C 1 385 REGULAR MEETING OCTOBER 1, 1984 1 1 1 OK SAFETY SUPPLY, INC. (Continued) 45 ea. Optional Trade Allowance #1 complete units with aluminum wrapped cylinder $300.00 each or #2 complete unit with steel cylincer $250.00 ea. 55 @ $840.00 ea. = $46,200.00 25 @ 230.00 ea. = 5,750.00 51,950.00 sub -total less trade allowance #1 13,450.00 or 38, 50.00) less trade allowance #2 - 11,250.00 (�40,700.00) MIDWEST FIRE AND SAFETY Bid was signed by Michael R. Casse' EQUIPMENT COMPANY, INC. Non -Collusion Affidavit was in 1605 Prospect Street order and a 10% Bid Bond was submitted. MSA #473625 ultralight air mask complete with composite cylinders $786.56 - MSA #47359 composite cylinders 246.70 Trade-in allowance for old mask, deduct ----------------------------=---------- 105.00 Trade-in allowance for old cylinders --------- 17.50 SURVIVAIR, A DIVISION OF Bid was signed by Michael M. Chapman, U.S. DIVERS COMPANY Vice -President, Non -Collusion 3323 West Warner Avenue Affidavit was in order and a Santa Ana, California'92702 Cashiers Check in the amount of $6,600.00 was submitted. 55 ea. Mark 2 SCBA w/case Part #9842-01 $1070.00 ea. = $58,850.00 25 ea. Mark 2 SCBA spare cylinder part #9161-03 275.00 ea. = 6,875.00 $65,725.00 SHOES & GLOVES, INC. Bid was signed by J.C. Alspaugh, Non - RUSH CREEK COMMERCE CENTER Collusion Affidavit was in order and 400 East Wilson Bridge Road an Official State Savings Bank check Worthington, Ohio 43085 in the amount of $4,916.50 was submitted. 55 ea. Self contained breathing apparatus Survivair Model Number 9842-03 Mark 2 Series w/o case $793.00 ea. = $43,615.00 25 ea. Cylinders 2216psi 30 min. rated Survivair Model No. 9161-03 222.00 ea. = $ 5,550.00 Open ea. Face piece ready to use as spare with the above Survivair SCBA equipped with quick connect coupler Survivair Model Number 941700 165.00 No Trade in Allowance Available 0 REGULAR MEETING OCTOBER 1, 1984 HOOSIER FIRE EQUIPMENT, INC. Bid was signed by Nick D. Swartz, P.O. Box 410 President, Non -Collusion Affidavit Valparaiso, Indiana 46383 was in order and a 10% Bid Bond was submitted. 55 ea. MSA #473625 Ultralite Air Mask, Pressure Demand, with ultravue Facepiece and 30 minute rated 46 Cu. Ft. fully wound composite II Cylinder, (2216 psig) Less Case: $738.50 ea. _ $40,617.50 25 ea. MSA #473579 Spare 30 minute rated, 45 Cu. Ft. capacity fully wound composite II cylinders, complete - with Valve: 234.50 ea. OPTIONS: Additional MSA Ultravue Facepieces Complete with Breathing Tube Assem'.: 116.50 ea. Quick disconnect Assemblies: 31.50 ea. TRADE-IN UNITS: 45 ea. (more or less) trade-in allowance on Purchaser's used Survivair Pressure Demand Units: DEDUCT: 105.00 ea. Trade-in Allowance (if desired) on Purchaser's used 30 minute air cylinder & valve assemblies: DEDUCT: 17.50 ea. 5,862.50 Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the bids were referred to the Fire Department for review and recommendation. OPENING AND AWARD OF BIDS - SALE OF ABANDONED VEHICLES This was the date set for the receiving and opening of sealed bids for the sale of approximately ten (10) abandoned vehicles, three (3) of which are valued at over $100.00 and all of which have been stored at South Bend Auto Parts, 1802 South Main 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: Hurwich Iron Company 1610 Circle Avenue Vehicle No. South Bend, Indiana 1 $15.00 2 15.00 3 25.00 4 35.00 5 15.00 6 35.00 7 25.00 8 25.00 9 15.00 10 45.00 It was noted that J & D Transportation, Ltd, by Mr. James A. Guy II 215 South Bend Station, South Bend, Indiana, indicated that they wish to decline to bid at this time. Based on only one (1) bid being received, upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the bid was awarded to Hurwich Iron in the amount as indicated above. I 1 1 387 REGULAR MEETING OCTOBER 1,1984 APPROVE SALES AGREEMENT - COMPUTERLAND/CITY OF SOUTH BEND (COMPUTER EQUIPMENT FOR THE CITY OF SOUTH BEND) City Controller Michael L. Vance submitted to the Board for approval a Sales Agreement with Computerland, 524 East McKinley Avenue, Mishawaka, Indiana, for computer equipment for the City of South Bend, in accordance with the bid awarded to them on July 30, 1984. Mr. Vance indicated that details of the Agreement have been reviewed and worked out by the City Attorney's office and the Agreement is being submitted at this time for approval in order for the City to proceed with the delivery of the equipment. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the Sales Agreement was approved and executed. APPROVE RELEASE OF EASEMENT - ONE MICHIANA SQUARE PROJECT Board Attorney Carolyn V. Pfotenhauer submitted to the Board for approval a Release of Easement which releases and terminates all rights and interest in an easement retained by the City for water, sewer and drainage in real estate located in Section 12, Township 37 North, Range 2 East, Township of Portage, County of St. Joseph, State of Indiana, described as the north/south alley east of Michigan Street, west of St. Joseph Street, aid running between Wayne Street on the north and Western Avenue on the south. Mr. Leszczynski advised that this Release of Easement has been reviewed by the Engineering Department and thereby upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above referred to Release of Easement was approved and executed. APPROVE OFFER TO PURCHASE REAL PROPERTY - BUREAU OF HOUSING LOCAL HOMESTEADING PROGRAM - 137 STUDEBAKER As part of the'new Bureau of Housing Local Homesteading Program, Ms. Janet S. Holston, Director, Bureau of Housing, presented to the Board for approval an Offer to Purchase Real Property for the property located at 137 Studebaker in the amount of $10,000.00. She advised that the owner of the property, Betty Washington, is asking $12,000.00 for the property but the Bureau of Housing appraisal lists an "as is" value of $10,000.00. It is her recommendation that the $10,000.00 amount is a reasonable price for this property which would fit into the Local Homesteading Program. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the above Offer to Purchase Real Property in the amount of $10,000.00 from Ms. Betty Washington for the property located at 137 Studebaker was approved and executed. DENY LICENSE APPLICATIONS - MASSAGE TECHNICIANS: A. K. GABRIELSE, 932 East Ireland Road, South Bend, IN B. CHONG SUN SIN, 932 East Ireland Road, South Bend, IN MASSAGE ESTABLISHMENTS: `.A. JIN SUNG CHUNG, JAPAN ORIENTAL HEALTH SPA (229 North Lafayette Boulevard, South Bend, IN) B. SONIA SCHEIBE, KIN JA ORIENTAL HEALTH SPA (932 East Ireland Road, South Bend, IN) It was noted that at the Public Hearing held on September 4, 1984, concerning the Massage Establishment applications of Jin Sung Chung to operate the Japan Oriental Health Spa, 229 North Lafayette Boulevard, South Bend, Indiana, and Sonia Scheibe to operate the Kin Ja Oriental Health Spa, 932 East Ireland Road, South Bend, Indiana, the matter of the applications was continued and taken under advisement until further information regarding the history of the applicants could be obtained by the South Bend Police Department. Additionally, the Massage Technician license applica- tion of Ms. Chong Sun Sin, 932 East Ireland Rcad, South Bend, Indiana, was also continued until further police record background checks could be completed. It was noted that the Massage Tech- nician license application of K. Gabrielse, 932 East Ireland REGULAR MEETING OCTOBER 1. 1984 Road, South Bend, Indiana, had not been received Board meeting held on September 4, 1984, but was Police Department for a records background check above referred to applicants. until after the referred to the with the other At this time, Mr. Hill inquired if anyone present at the meeting had any comments concerning the above license applications. Mr. Mitchell Heppenheimer, Attorney at Law, 704 West Washington Street, South Bend, Indiana, representing the above"applicants was present and addressed the Board. Mr. Heppenheimer advised that the applicants which he is representing are somewhat unhappy with the length of time the Board has taken in conducting the above referred to police background checks. He further advised that the applicants meet the ordinance requirements in every way and recommended that the Board move forward with the approval of the applications today and stated that they should be granted licenses. As a point of clarification, Mr. Heppenheimer stated that the Massage Establishment to be located at 229 North Lafayette Boulevard, South Bend, Indiana, and the establishment to be located at 932 East Ireland Road, South Bend, Indiana, are not connected. To clarify the applicants compliance with ordinance requirements concerning the need for a diploma from a recognized school or in lieu thereof provided proof of experience as a massage technician for a period of three (3) years, Mr. Hill asked Board Attorney Carolyn V. Pfotenhauer to advise the Board on the technical compliance of the applications received for Massage Technician licenses from K. Gabrielse, 932 East Ireland Road, South Bend, Indiana, and Chung Sun Sin, 932 East Ireland Road, South Bend, Indiana. Ms. Pfotenhauer advised that Chong Sun Sin has provided a diploma but that diploma does not indicate the address or location of the school from which it was issued. She further indicated that K. Gabrielse did not provide a diploma and neither application indicated employment history, education or training. It was Ms. Pfotenhauer's determination that neither application met the ordinance requirements concerning training or education. Mr. Hill advised that the reports he has received from the Police Department contain information in regards to both applicants for Massage Technician licenses as well as to the applicants for Massage Establishment licenses He stated that the compilation of information concerning all of the above applicants has taken a considerable amount of time in that a number of other Police Departments had to be contacted for information. He advised that the Police Departments of Waterford, Kentwood, Wyoming, Grand Rapids, Saginaw City Police and Saginaw Township Police and Oakland Police Departments, all in the State of Michigan, were contacted for information. In regards to the Massage Technician license application for K. Gabrielse, Mr. Hill stated that the investigation revealed that Ms. Gabrielse was acting as the manager of the Japanese Sauna Club in Kentwood, Michigan in October of 1983. On October 31, 1983, she was charged with a violation of City Ordinance as a result of allowing a non -licensed massage technician to work at the establishment. She was fined as a result of that violation. Additionally, since 1979, there were three (3) arrests for solicitation and one (1) arrest for illegal sale of alcohol at the establishment. Concerning the applicant Chong Sun Sin, Mr. Hill advised that the inves`tig-ation indicated that information received from the Saginaw Township Police Department revealed five (5) arrests in relation to an oriental massage parlor in that community. One involved the applicant in the area of accosting for sex which occurred in the last several weeks. 0 1 1 • r REGULAR MEETING OCTOBER 1, 1984 Based on the above information on the above applicants, upon a motion made by Mr. Hill, seconded by Mr. Vance and carried, the Massage Technician license application for K. Gabrielse and Chong Sun Sin were denied. Mr. Hill further advised that the police intellegence informa- tion received in relation to the applicants for Massage Establish- ment licenses and Massage Technician licenses in the Kentwood, Michigan area indicated a common ownership of the spas. With regard to the Massage Establishment license application of Ms. Sonia Scheibe to operate the Kin Ja Oriental Health Spa at 932 East Ireland Road, South Bend, Indiana, Mr. Hill stated that the investigation indicated that Ms. Scheibe was the manager of the Fuji Spa in Saginaw, Michigan and on October 21, 1983, an employee of that establishment was arrested for solicitation. At that time, Ms. Scheibe was also charged with an ordinance violation as the manager of the establishment. In reference to the Massage Establishment license application for Jin Sung Chung to operate the Japan Oriental Health Spa at 229 North Lafayette Boulevard, South Bend, Indiana, Mr. Hill advised that the home address listed on the application is the same as listed on the above referred to applications and indicate a common ownership of the spas. Mr. Chung does not have an arrest record and the investigation revealed that he owns a furniture store in Michigan. Based on the fact that it appears that all of the above referred to applicants are interconnected and the fact that it appears that massage technicians were operating as managers and the ownership appears to be common, Mr. Hill recommended that the Massage Establishment license applications for Sonia Scheibe and Jin Sung Chung be denied. Mr. Leszczynski seconded the motion and it carried. In summary, Mr. Hill stated that the Board's investigation has indicated that in most of these types.of operations, there have been charges of both ordinance violations and charges of solicitation for sex and the Board feels that the City cannot permit these types of operations to be located anywhere within the City of South Bend. APPROVE RECOMMENDATION TO DENY PACK PEDDLER APPLICATIONS In a Memorandum to the Board, City Controller Michael L. Vance advised that he has reviewed the Pack Peddlers Applications for the following individuals, all employed by Austin Diversi- fied Products, Inc., 16615 South Halsted Street, Harvey, Illinois: 1. Denise Bennett 2. Derek Griffin 3. Victor James McClintonn Hoover 4. Toni Johnson 5. Marilyn M. Gaitor 6. Tracy Franks 7. Curtis Jerome Fluellen 8. Gaderson Clayton 9. 10. Carolyn Thompson Sheila R. Parks 11. Andre Shepherd Mr. Vance indicated that based on the background check and informa- tion supplied by the South Bend Police Department, he is recom- mending denial of the above applications. While the individual background checks showed no record on file with the South Bend Police Department for all of the individuals listed, a further check showed that previous problems have occurred in other communities regarding Austin Divirsified Products, Inc. It REGULAR MEETING OCTOBER 1, 1984 appears that those complaints stem around unsatisfactory service, sales techniques and their policy on the returning of items. Further checking has also shed some doubt as to the effectiveness or reliability of their products and the legality of their opera- tions in relation to various City licensing policies. Based on the above findings, Mr. Vance felt that it would not be in the best interests of the citizens of South Bend to issue the pack peddlers licenses and thereby recommends denial of the applica- tions. Therefore, upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the Pack Peddler license applications for the above individuals were denied. APPROVE REQUEST OF VERKLER CONTRACTOR, INC. TO LOCATE DUMPSTER In a letter to the Board, Mr. Harry L. Lusk, Estimator, Verkler Contractor, Inc., P.O. Box 3608, 645 North Wilber Street, South Bend, Indiana, indicated that Verkler Contractor, Inc. is working on the IBM Building located at 215 South St. Joseph Street, South Bend, Indiana, and have found it necessary to place a dumpster at the site for approximately two (2) months to remove debris from the building. Mr. Lusk provided with his request a sketch indicating the location proposed for the dumpster. Mr. Leszczynski advised that Mr. Ralph J. Wadzinski, Manager, Bureau of Traffic and Lighting and Assistant Chief George Gyori of the Fire Department have reviewed this request and recommend approval subject to the Petitioner securing from the Building Department the appropriate Occupancy Permit. Upon a motion made by Mr. Leszczynski., seconded by Mr. Vance and carried, the above recommendation was accepted and the request approved. REQUEST TO HAVE PARKING SPACE IN FRONT OF 1110 EAST CHALFANT STREET DESIGNATED AS A HANDICAPPED PARKING SPACE REFERRED In a letter to the Board, Mrs. Thelma Paskell, 1110 Chalfant Street, South Bend, Indiana, requested that a handicap.sign be placed in front of her house at the above address. She stated that she is handicapped and as she lives in front of Perley Elementary School it is very difficult for her to park in front of her home. Upon a motion made by Mr. Vance, seconded by Mr. Leszczynski and carried, the above request was referred to the Bureau of Traffic and Lighting and the Police Department Traffic Division for review and recommendation. APPROVE REQUEST OF PARK AVENUE NEIGHBORHOOD ASSOCIATION TO CONDUCT BLOCK PARTY ON 14ANITOU PLACE - OCTOBER 7. 1984 In a letter to the Board, Ms. Lois Veen, Block Party Co -Chairman, Park Avenue Neighborhood Association, 803 Park Avenue, South Bend, Indiana, indicated that the Association would like to conduct a block party on Sunday, October 7, 1984 from 5:00 to 7:00 p.m. on Manitou Place and would like that street blocked off for the party. Mr. Leszczynski advised that Mr. Ralph J. Wadzinski, Manager, Bureau of Traffic and Lighting has reviewed this request and recommended approval subject to the maintenance of a ten foot (10`) clear and unobstructed lane for emergency purposes. It was noted that the Petitioner will be responsible for the placement and removal of the barricades, said barricades to be delivered by the Bureau of Traffic and Lighting. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the above recommendation was accepted and the request approved. APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the following two (2) traffic control devices were approved: 391 REGULAR MEETING OCTOBER 1, 1984 NEW INSTALLATION - NO PARKING —North side of 100 E. Bartlett from Michigan, easterly approx. 170'. (new lanes created for new actuated signal at intersection). NEW INSTALLATION - RESIDENTIAL PARKING - Reinstallation of Residential Parking, 634 N. Lafayette. (Temporary removal due to Hospital related construction). APPROVE CONTRACTORS AND EXCAVATION BONDS Mr. Melvin Humphrey, Engineering Department, recommended that the following Contractors and Excavation Bond be approved: CONTRACTORS BONDS 1. Reese & Sons, General Contractor Effective: October 1, 1984 2. Murdock & Sons Construction, Inc. Effective: October 1, 1984 EXCAVATION BOND 1. David Paul Motts Effective: October 1, 1984 Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the above recommendation was accepted and the bonds approved. FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORT A report from the Department of Code Enforcement indicating a total of one hundred seventeen (117) properties cleaned from September 24, 1984, to September 28, 1984 was submitted. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the report as submitted was filed. APPROVE CLAIMS City Controller Michael L. Vance submitted Claim Docket No. 18349 through Claim Docket No. 18696 and recommended approval. Upon.a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the claims were approved and the report as submitted was filed. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the meeting adjourned at 10:02 a.m. oWn Richard L. Hill *'—)� a . � Michael L. Vance ATTEST: Sandra M. Parmerlee, Clerk