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HomeMy WebLinkAbout10/24/83 Board of Public Works Minutes405 REGULAR MEETING OCTOBER 24. 1983 The regular meeting of the Board of Public Works was. convened at 9.:30 a.m. on Monday, October 24, 1983, by President John E. Leszczynski, with Mr. Leszczynski, Mr. Richard L. Hill and Mr. Joseph E. Kernan present. Also present was Assistant City Attorney Carolyn V. Pfotenhauer. MINUTES OF PREVIOUS MEETINGS APPROVED Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the minutes of the October 10, 1983, regular meeting of the Board were approved. Additionally, upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the minutes of the October 17, 1983, regular meeting of the Baord were approved. PUBLIC HEARING AND RECOMMENDATION - HOUSE MOVE FROM 218 W. MARION STREET TO 714 W. COLFAX AVENUE This was the date set for the public hearing on the matter of a house move from 218 West Marion Street to 714 West Colfax Avenue, South Bend, Indiana. An application for a moving permit was received from Lykowski Construction Company, 21707 West Ireland Road, South Bend, Indiana to move a two story house (55'x25'x32') owned by Mr. Dennis Moran. In a memorandum to the Board, Mr. Paul L. Roelke, Building Commissioner, indicated that the application, site plan and letter from Mr. Ralph J. Wadzinski, Manager, Bureau of Traffic and Lighting, were being presented for consideration. Mr. Wadzinski recommends approval of the following route: Marion Street, west to Lafayette, Lafayette Street south to LaSalle, LaSalle west to Williams, Williams south to Colfax, thence Colfax west to destination. It was noted that Lykowski Construction Company has on file with the Board of Public Works. a.Certificate of Insurance in the amount of $1,000,000.00. There being no one present to speak for or against the move, upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, the public hearing on this matter was closed and the moving permit application of Lykowski Construction Company approved. PUBLIC HEARING AND RECOMMENDATION - BUILDING MOVE FROM 2020 W. SAMPLE STREET TO MARKET AND IRELAND ROAD This was the date set for the public hearing on the matter of a house move from 2020 W. Sample Street to Market and Ireland Road, South Bend, Indiana. An application for a moving permit was received from Lykowski Construction Company, 21707 W. Ireland Road, South Bend, Idniana to. move a 120' x 160' building to be sectioned into.3 units measuring 40'xl20'xl2' owned by Lykowski Construction Company. In a memorandum to the Board, Mr. Paul L. Roelke, Building Commissioner, indicated that the application for building move, letter from Mr. Ralph J. Wadzinski, Manager, Bureau of Traffic and Lighting regarding the route to be used, the request from Timothy J. Lykowski for the proposed building move and affidavits from Indiana Bell Telephone Company, Indiana and Michigan Electric Company and Heritage Cable Vision Co. were being presented for consideration. Mr. Wadzinski recommends approval of the following route: Sample Street to Mayflower and south on Mayflower to a point in the County. BM REGULAR MEETING . OCTOBER 24, 1983 It was noted that Lykowski Construction Company has on file with the Board of Public Works a Certificate of Insurance in the amount of $1,000,000.00. There being no one present to speak for or against the move, upon a motion made by Mr. Kernan, seconded by Mr. Leszczynski and carried, the public hearing on this matter was closed and the moving permit application of Lykowski Construction Company was approved. AWARD BID AND APPROVE CONSTRUCTION CONTRACT - MONROE PARK PHASE V (LOT IMPROVEMENTS) In a letter to the Board, Mr. Neil: A. Shanahan, Manager, Bureau of Public Construction, recommended the Board accept the bid of Ritschard Brothers, Inc., 1204 West Sample Street, South Bend, Indiana, in the amount of $24,269.00. Mr. Leszczynski advised that bids for this project were opened on October 10, 1983. Mr. Leszczynski further advised that in accordance with the award of this bid, a contract in said amount was being submitted for Board approval. Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the above bid was awarded and the contract approved. Accordingly, the appropriate insurance, Performance Bond and Labor and Materials Payment Bond submitted by Ritschard Brothers, Inc. were filed. AWARD BID - PURCHASE OF FIVE (5) OR MORE USED VEHICLES In a letter to the Board, Mr. John E. Leszczynski, Director, Public Works, indicated that the Department of Public Works and the South Bend Police have reviewed the bids received on October 10, 1983 for used vehicles for various departments of the City. At this time, the above departments are recommending that the bid be awarded to Municipal Fleet Sales, Inc., 51 Sell Road, Elk Grove, Illinois 60007 as the low bid meeting specifica- tions. The letter further stated that the City intends to purchase five (5) vehicles as follows: 2 1982 Ford Fairmont Futura 4 DR. Sedans $5996.00 each 2 1982 AMC Concord (DL) 4 DR. Sedans 5677.00 each 1 1982 AMC Concord (DL) Station Wagon 5827.00 each It was noted that three (3) autos will be traded in to off -set the cost. They are Police Department vehicles #682, a 1981 Chrysler, Vehicle #730, a 1975 Oldsmobile and Vehicle #733, a 1972 Pontiac. A trade-in allowance will be determined at the time of purchase. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above recommendation was accepted and the bid awarded.. APPROVE CHANGE ORDER NO. 1 (FINAL) AND PROJECT COMPLETION AFFIDAVIT GUARD RAIL CONSTRUCTION PROJECT - CITY CEMETERY (HOOSIER FENCE CO. Mr. Leszczynski advised that Hoosier Fence Co., Inc. has submitted Change Order No. 1 (Final) indicating that the contract sum be decreased by $707.53 for a new contract sum including this Change Order in the amount of $11,556.03. Additionally submitted was the Project Completion Affidavit indicating this new final cost. Upon a motion made by Mr. Kernan, seconded by Mr. Leszczynski and carried, Change Order No. 1 (Final) and the Project Comple- tion Affidavit were approved and the three-year Maintenance Bond provided by Hoosier Fence Company, Inc. was filed. L 407 REGULAR MEETING OCTOBER 24, 1983 APPROVE CHANGE ORDER #3 - SIGNALIZATION OF SEVEN INTERSECTIONS (INDIANA DEPARTMENT OF HIGHWAYS) Mr. Leszczynski advised that. Change Order #3 in an increased contract amount of $2,866.22 was being presented by the Contractor, Trans Tech Electric, Inc. on the above referred to project. Change Order #3 indicates that the increased cost is for 002 Class "A" concrete for sidewalk ramps. Upon a motion.made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above Change Order was approved. APPROVE CHANGE ORDER NO. 6 - ETHANOL PLANT SITE DEMUCKING (WOODRUFF AND SONS, INC.) Mr. Leszczynski presented to the Board Change Order No. 6 for the ethanol plant-site-demucking. He stated that there are seven (7) item changes reflected in this Change Order increasing the contract sum by $68,916.54 for a new contract sum including this change order in the amount of $1,677,889.37. Upon a motion made by Mr. Leszczynski, seconded by Mr;. Hill and carried, the above change order was approved. APPROVE AMENDMENT TO AGREEMENT BETWEEN SOUTHOLD HERITAGE FOUNDATION. INC. AND THE CITY OF SOUTH BEND Ms. Eugenia S. Schwartz, Assistant City Attorney, addressed the Board and indicated that the above referred to Amendment, which amends the agreement entered into on July 12, 1982. between the City and Southold, is to clarify the recapture provision of the commercial revolving loan fund with Southold for the move and rehabilitation of a structure currently occupied by General Microcomputer. The amend- ment clarifies the method in which the final payment will occur. Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, the above amendment was approved. APPROVE AGREEMENT FOR CANON COPY MACHINE - FORT WAYNE BUSINESS PRODUCTS, INC. Mr. Leszczynski presented to the Board an Agreement for a Canon NP-120 Copier and stand with Fort Wayne Business Products, Inc., 1320 North Ironwood Drive, South Bend, Indiana for a monthly rent or use charge of $125.00. Mr. Leszczynski advised that this copier is being rented by the Community Development Department. Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, the above agreement was approved. FILING OF RESOLUTION OF INDIANA DEPARTMENT OF HIGHWAYS ESTABLISHING TEMPORARY PREFERENTIALITY Mr. Leszczynski presented to the Board a Notice of Official Action of the Indiana Department of Highways indicating that preferentiality shall be temporarily established as follows: "ALL WAY STOP" shall be established at the intersection of US 20 (Lincolnway West), Ardmore Trail and Goodland Avenue. All traffic on all six approaches shall STOP before entering the intersection of US 20 (Lincolnway West), Ardmore Trail and Goodland Avenue. It was noted that this temporary restriction shall be rescinded at the discretion of the District Engineer. This restriction will be installed and removed on October 20, 1983 to provide traffic control during a railroad crossing repair. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above Resolution was filed. REGULAR MEETING OCTOBER 24, 1983 REQUEST OF KNIGHTS OF COLUMBUS TO CONDUCT CANNISTER SOLICITATION ON RIVER BEND PLAZA (NOVEMBER 26 & 27, 1983) REFERRED In a letter to the Board, Mr. John Sherbun, Executive Director of Big Brothers/Big Sisters of St. Joseph County, Inc., 1011 East Madison Street, South Bend, Indiana requested permission on behalf of the Knights of Columbus .to conduct a cannister solicitation to benefit Big Brothers/Big Sisters of St. Joseph County, Inc. on River Bend Plaza on November 26 and 27, 1983. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above request was referred to the Bureau of Traffic and Lighting and the City Events Coordinator for review and remommendation. APPROVE REQUEST TO CONDUCT HOLIDAY FESTIVAL PARADE (NOVEMBER 19, 1983) In a memorandum to the Board, Ms. Mikki Dobski, City Events Coordinator, requested permission to hold the 28th annual holiday Festival Parade on Saturday, November 19 at 9:00.a.m. The new proposed route is Old Michigan Street south from Colfax to Western Avenue. This route will move directly through the actual mall area. The memorandum further stated that the Police Department Traffic Division, the Bureau of Traffic and Lighting, the Merchants Association and React have participated in the planning of this proposed route. Chairpersons for the event are Rick Kring and Bernice Sonneborn. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the request was approved. APPROVE EXCAVATION BOND Mr. Ray S. Andrysiak, P.E., Engineering Department, recom- mended the Excavation Bond of Heritage Cablevision Associates be approved effective October 24, 1983. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above Excavation Bond was 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: INSTALL HANDICAPPED PARKING - 525 E. Washington (On -street space at existing ramp). Requested by: Wally Gartee, Mint Julep. INSTALL NO PARKING - North side of 200 W. Eckman from A.M. General private drive east to R.R. track. (Clarification of records. Curb was painted yellow. 26" wide street handles heavy volume truck traffic to Sibley's and A.M. General). Requested by: Bureau of Traffic & Lighting. APPROVE HANDICAPPED PARKING PERMIT Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, one (1) handicapped parking permit was approved and referred to the Deputy Controller's Office for issuance. It is as follows: Sharkey Hudson, 2803 E. Edison, S.B. FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORT A report from the Department of Code Enforcement indicating that a total of one hundred ninety-four (194) properties were cleaned from October 17, 1983 to October 21, 1983 was submitted. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above report was filed. 1 REGULAR MEETING OCTOBER 24. 1983 FILING OF STREET LIGHT OUTAGE REPORT The report submitted to the Board indicates a total of thirteen (13) outages from the period October 7, 1983 through October 19, 1983. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the report was filed. APPROVE CLAIMS Mr. Elroy J. Kelzenberg, Director of the Michiana Area CETA Consortium, submitted a list containing sixty-four (64) purchase orders and recommended approval for payment. Chief Deputy City Controller Sherrie L. Petz, submitted Claim Docket No. 20926 through Claim Docket No. 21577 and recommended approval. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above reports were filed and the claims approved. PUBLIC HEARING AND WITHDRAWAL OF CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY APPLICATION - NATIONAL LIMOUSINE SERVICE (CONTINUED FROM OCTOBER 11D, 1983 MEETING) It was noted that this was the date set for the continuation of the public hearing on the application for Certificate of Public Convenience and Necessity for National Limousine Service, Inc., 2420 Prast Blvd., South Bend, Indiana. No one from National Limousine Service, Inc. was present to address the Board on this matter. Board attorney Carolyn V. Pfotenhauer advised that she spoke to Mr. Richard Campbell, President of National Limousine Service, Inc. and he indicated that someone would be present at the meeting but that it was their intention to withdraw their application at this time as they propose to operate strickly as an executive limousine service. She stated that they understood that this meant that they could not sit at the airport and solicit business but they could keep their name and phone number on the call board at the airport if someone desired to hire their limousine. Mr. Campbell informed Ms. Pfotenhauer that he understood the terms of the taxi cab ordinance and that they would not function as a taxi cab service. He stated that perhaps in the future he would acquire vehicles specifically for that purpose but will not operate a taxi cab service at this time. Mr. Kernan instructed the Clerk of the Board to communicate to Mr. Campbell the specifics of the taxi cab ordinance and how it relates to limousine services. As Mr. Campbell indicated his request to withdraw his application for a Certificate of Public Convenience and Necessity no further action by the Board was necessary at this time. PUBLIC HEARING - TAXI DRIVER'S LICENSE DENIAL - O.C. DICKERSON CONTINUED Mr. Leszczynski advised that the Board of Public Works, at its meeting held on October 11, 1113, approved the recom- mendation of City Controller, Joseph E. Kernan to deny the taxi driver's license application of Mr. O.C. Dickerson, 3816 Eastmont Drive, South Bend, Indiana, based on the Police Department's investigation and subsequent recom- mendation for denial because incomplete information was provided on the application. The Clerk at that time was instructed to notify Mr. Dickerson of the denial and provide him an opportunity to request a public hearing on this matter. The Clerk advised that Mr. Dickerson did request a public hearing on this matter and indicated that he would be present -today to address the Board. Since Mr. Dickerson was not present, the matter was continued until the next regular meeting of the Board. 410 REGULAR MEETING OCTOBER 24, 1983 ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr.. Leszczynski, seconded by Mr. Kernan and carried, the meeting was adjourned at 9:46 a.m. MEETING RECONVENED TO CONDUCT PUBLIC HEARING - TAXI DRIVER'S LICENSE DENIAL - O.C. DICKERSON Upon a motion made by Mr. Hill, seconded by Mr. Leszczynski and carried, the regular meeting of the Board of Public Works was reconvened at 9:48 a.m, to hear from Mr. O.C. Dickerson, who arrived late, on the matter of the denial of his taxi driver's license. Mr. Dickerson acknowledged that he did have a bad record in the past but he indicated that he had tried to correct his drunk driving problem and attended an alcoholic program in Marion, Indiana for eight weeks. He further indicated that he has not had any drunk driving charges since 1975 and that the most recent charge was in 1982 for a faulty headlight. Mr. Hill advised Mr. Dickerson that in completing the applica- tion he stated that he has never been convicted of any crime. Mr. Hill indicated that this means either a felony or mis- demeanor. Mr. Hill further advised that a background check run by the South Bend Police Department indicates that Mr. Dickerson has a record back to the 1940's which consists mostly of public intoxication and driving under the influence charges. Mr. Hill stated that the Board's concern at this time is that the application was incorrectly completed in that Mr. Dickerson answered "no" to the question regarding conviction of any crime. Mr. Dickerson stated that he has not been convicted of any felony and that he did not understand that it also meant misdemeanors. He further advised that in answer to the question "has your driver's license ever been suspended" he answered "yes" for driving under the influence. He stated that he did not mean to falsify any information. Mr. Hill acknowledged that Mr. Dickerson has not had any probelms since 1975 for driving while drunk and both Mr. Hill and Mr. Leszczynski stated that it appears that Mr. Dickerson has done something about his problem with drunk driving. Mr. Kernan advised that his October 17, 1983 recommendation for denial of this license application was based on incomplete information and the subsequent recommendation for denial by the South Bend Police Department. He further indicated that this allowed Mr. Dickerson an opportunity to request a hearing to explain his position. Mr. Kernan further advised Mr. Dickerson that in the future when completing this application for renewal, that he be totally frank as the Police Department does run a background check on all individuals applying for the license. As members of the Board felt that Mr. O.C. Dickerson has demonstrated that he has done something about the drunk driving problem that he had and has not had a drunk driving problem since 1975, upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above taxi driver's license application of Mr. O.C. Dickerson was approved. 1 1 1 411 REGULAR MEETING ADJOURNMENT There being no the re -convened 10:00 a.m. 1 ATTEST: OCTOBER 24, 1983 further business to come before the Board, meeting of the Board was adjourned at Sandra 11. Parmerlee, Clerk 1 11 hn E. Leszdz&jiYski G `+Richard L. Hill Jph E. Kernan