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HomeMy Public PortalAbout08-19-1999 1 BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF RICHMOND,INDIANA,AUGUST 19,1999 The Board of Public Works and Safety of the City of Richmond,Indiana,met at 5 p.m.Thursday,August 19, 1999,in the Community Room in the Municipal Building. Chairperson Bob Goodwin presided with Robin Henry,Bruce Metzger and Assistant City Attorney Steve Rabe in attendance.The following business was conducted: CLAIMS FOR PAYMENT Claims for payment submitted by the City Controller's office were read by Henry,who reported that they totaled$100,938.33 and moved for approval,second by Metzger and the motion was carried on a unanimous voice vote. APPROVAL OF MINUTES Metzger moved to approve the minutes of the August 12, 1999 meeting,second by Henry and the motion was carried on a unanimous voice vote. REQUESTS A. Police Chief Bill Shake,reading from a letter,asked the Board to approve placing Officer Harl Boyce on disability.He said that a meeting of the RPD Pension Board determined that Officer Boyce did have a covered disability and that determination was forwarded to PERF in Indianapolis for further consideration.The chief informed the Board that there is no suitable and available work for Officer Boyce with the Richmond Police Department.He said he would ask that the Board would concur with the decision of the Pension Board so that they could proceed with the disability processing.Metzger asked if Officer Boyce concurred.Chief Shake answered that he did not challenge the disability hearing nor did he present any evidence.He did sign the form for disability,the Chief said.Henry moved to place Officer Boyce on disability seeing that there is no suitable or available work with the Richmond Police Department,second by Metzger and the motion was carried on a unanimous voice vote. AWARDING OF BID A. Bids for the demolition of four buildings were read by Chairperson Goodwin who said Butler Excavating had submitted bids for$3,000 for 1206 Sheridan Street and$6,500 for 500 and 502 North 16th Street;Cox Excavating,read by Henry,submitted bids for$4,400 for the North 16th Street location and$1,600 for the North 13th location;Metzger read the bid made by Delucio&Son for$4,200 for Sheridan Street,$8,200 for North 16th,$3,200 for North 13th Street and$5,400 for North 15th Street;Chairperson Goodwin read the bid made by Reynolds Service Tech for$3,250 for Sheridan Street,$4,850 for North 16th Street,$1,250 for North 13th Street and$3,250 for North 15th Street;and Henry read the bid made by Potter Construction for$4,250 for Sheridan Street,$5,250 for North 16th Street,$12,900 for North 13th Street and$5,250 for North 15th Street. A citizen appeared explaining he had repaired the rafters and was ready for the work on the plywood,adding that the south wall had been painted half way and the front and back would be done.either Saturday or Sunday of this week.He said all of the extension work would be done by August 28`h. Chairperson Goodwin told the man that this Board could not make any decisions tonight because it would have to go back through the inspector. Board of Works Minutes Cont'd August 19, 1999 Page 2 Assistant City Attorney Steve Rabe said this would have to go back to the Unsafe Building Commission and suggested the Board take the bids under advisement. REQUESTS(CONT'D) B. Captain John Farmer of the Traffic Safety Division recommended to the Board that a request for a reserved handicapped parking space be approved for Russell Lynch at 928 South 111 Street.Metzger so moved,second by Henry and the motion was carried on a unanimous voice vote. The Captain also brought the request for a reserved handicapped parking space made by Omie Hollingsworth at 445 South West 4th Street to the Board.He explained this request was previously denied,but after further review it was found to qualify under the guidelines of the ordinance.He recommended approval.Henry so moved,second by Metzger and the motion was carried on a unanimous voice vote. C. A request made by the Southside Neighborhood Association for a noise ordinance was brought before the Board by Captain Farmer who explained that they were going to have a disc jockey from 7 to 9 p.m.Saturday,August 21, 1999 in the parking lot of the Richmond Community Senior Citizen Center.He said the petition was signed by residents in the surrounding area.Metzger moved to approve,second by Henry and the motion was carried on a unanimous voice vote. D. Another request brought before the Board by Captain Farmer was made by the Richmond Roosters' General Manager Deanna Beaman.He said the request is in regards to a fireworks display planned for August 28, 1999 at McBride Stadium.He recommended approval.Henry so moved,second by Metzger and the motion was carried on a unanimous voice vote. E. Captain Farmer also presented a request for signage in the Meadow Park subdivision.He said he had reviewed the requests and recommended the following: 1. A"stop"for eastbound traffic on South"J"Street at its intersection with Forest Hills Boulevard. 2. A"stop"for westbound traffic on Oxford Drive at its intersection with Forest Hills Boulevard. 3. A"stop"for westbound traffic on Canterbury Trail and its intersection with Forest Hills Boulevard. 4. A"stop"for westbound traffic on Brentwood Court and its intersection with Forest Hills Boulevard. 5. A"yield"for northbound traffic on Hampton Drive and its intersection with Oxford Drive. 6. A"stop"for eastbound traffic on Oxford Drive and its intersection with Canterbury Trail. 7. A"yield"for westbound traffic on Wellington Court and its intersection with Heathfield. 8. A"stop"for northbound traffic on South"J"Street and its intersection with South 24th Street. 9. A"stop"for southbound traffic on South"G"Street and its intersection with South"J" Street. 10. A"stop"for westbound traffic on Kensington Drive and its intersection with South G Street. 11. Change the"yield"to a"stop"for westbound traffic on Chelsea Way and its intersection with Kensington Drive. Board of Works Minutes Cont'd August 19, 1999 Page 3 While reading the streets off one by one,Captain Farmer explained each and the reasons for his request.Chairperson Goodwin said the Board would take the request under advisement. Captain Farmer responded by saying the third one,involving Canterbury Trail intersection with Forest Hills Boulevard is a"glaring"problem.Metzger moved to approve the third request and take the remaining 10 under advisement,second by Henry and the motion was carried on a unanimous voice vote. F. Captain Farmer asked the approval of the Board for a curb cut request at 1001 Indiana Avenue where Hoosier Containers want to install a new service driveway.Henry moved to approve with the submitted conditions by the City departments,second by Metzger and the motion was carried on a unanimous voice vote. G. A request made by the Rev.Bob Hendrix for the approval of a route for the annual Crop Walk was brought to the Board by Captain Farmer.He said the event would take place at 1:30 p.m. October.3 at the South 10th Street Park.He recommended approval of the route,stating the walkers would be on the sidewalks uptown going to Glen Miller Park.Metzger moved to approve,second by Henry and the motion was carried on a unanimous voice vote. H. Fire Chief Mike Allen brought a request before the Board to approve the participation of the Fire Department at a sprinkle party during the Relay For Life activities in Glen Miller Park Saturday,August 21.Henry moved to approve,second by Metzger and the motion was carried on a unanimous voice vote. I. Chief Allen also notified the Board of the appointment of Kevin Nicholson as the new Training Chief.In a letter stating his qualifications,the Chief said Nicholson holds a Bachelor's Degree in Applied Science and an Associate Degree in Fire Science and has numerous certifications from the State and the NFPA.He said Nicholson had previously instructed classes at the State Fire School for National Fire Academy Certification as Safety Officer and also will be teaching State Fire School this fall for the Firefighter II Test Out Course.Henry moved to accept the recommendation of Chief Allen and welcomed Nicholson as the new Training Chief,second by Metzger and the motion was carried on a unanimous voice vote. J. Captain Farmer brought before the Board a request to remove parking spaces temporarily along the west side of U.S.27 from Main Street north to the end of the building fronting on Main Street on the northwest corner of the intersection of 9th and Main Street and U.S.27 northbound.He said the building would be undergoing re-roofing and to get that done they need a crane.He said it would affect only one handicapped space and 2 loading zone spaces. He said the work would begin Monday and take 5 days to complete.Henry moved to approve, second by Metzger and the motion was carried on a unanimous voice vote. AGREEMENTS A. City Attorney Bob Bever talked about the property owned by the City at the corner of U.S.27 and North 8th,adjacent to the Tice Soft Water Co. He said the administration had been approached as to whether or not it was interested in selling the property and the Mayor and others are willing to consider it,but it would be up to this Board to approve the agreement.He explained that there are two methods of sale. One,he said,is similar to what was done with the Medical Arts Building site,and that is to hold a public hearing for input on whether or not the City should or should not sell the property.Then,he said,that requires a notice to be placed in the newspaper. Board of Works Minutes Cont'd August 19, 1999 Page 4 Bever said that is followed by competitive bids and whichever is the highest as long as it is 90 percent of the appraised price.The second method,he said,is for a property which is not quite the same value that you can use when you think it is the most likely that the adjoining property owner,because of its size or lack of it, would be the interested party.That procedure, he said,is simply that you first get it appraised,then after that if you go with the neighbor property owner statute,you then can determine what your offering price is,which has to be the appraisal plus closing cost and title insurance. Then,Bever said,the City makes that offering price and submits it to the adjoining property owners as well as placing it in the newspaper so that either one could make and offer for that offering price which is the minimum bid or something above that so the public at large is not left out.He said the nice thing about the latter is that there is some negotiating that can go on so that once somebody,either the adjoining property owner or someone else, gives the City that offering price the City can go back and forth to get the best price. Bever said he leans slightly toward the latter method in this case,but he would leave it to the Board to decide how to go about this.Either way,he said,that determination couldn't be made until an appraisal is made.Therefore,he said,tonight he is asking for permission to have that property appraised.Metzger asked for a better description of the property in question. Chairperson Goodwin said it is immediately on the left when you come around from North Ninth Street to North Eighth Street,heading south.He said it has been used as a parking lot adjacent to Tice Soft Water,adding that he thinks some of those parking there are SIGNA employees.He explained that the property was originally purchased in 1992 with the intent of buying up the entire block.He said in talking with department heads the City has found there is no interest in doing anything with it and that being the case,he said,the City is anxious to get it back on the tax roles and used by the public.Metzger moved to authorize the appraisal, second by Henry and the motion was carried on a unanimous voice vote. B. Bever also brought before the Board an issue involving Carpenter Industries.He said the City sold the property to Carpenter in November 1996 and until that time they had just been leasing it.He added that the City took a note and mortgage back on the property.He said Carpenter hit some low economic times in 1998 and during that time and the first 7 months of this year,there were no monthly payments made on that promissory note which required interest only payments of approximately$9,000. He said the City didn't push it,although they could have foreclosed on the first mortgage,but he pointed out that they are in a good,protective category,seeing as though the note is for $21/2 million and the property has been appraised for anywhere between$7 and$9 million. He added that it is no one's intent to shut down the plant while they were working through their temporary concerns. Now,he said,it is the City's thought,as Carpenter is getting back on its feet that they wanted to start these payments again to make sure they were due,plus deal with what ended up being arrears of$178,125.He said in meeting with personnel from Carpenter and Spartan,which came in from Michigan to become the largest shareholder,and as a result reached an agreement subject to this Board's approval,on an addendum to that promissory note which basically rolls over the missed interest payments plus late fees of$6,679.26 into the principal balance so that now,the new note would be$2,684,804. Board of Works Minutes Cont'd August 19, 1999 Page 5 Bever said that would not change when it is due,which is November 12,2006,but would be a new principal and the new interest-only payments would increase to reflect that higher principal.Now,he said,the interest-only payments,starting in August,would be$10,068.02 and the City received Carpenter's payment in that amount this week.He added that Spartan has assured the City it would remain on time every month from henceforth. Bever said there is also the likelihood that Spartan may,in its overall refinancing,pay off early that first mortgage to the City,which,of course would be great for the City.However, he said,at this point he has presented the addendum which modifies the principal balance, shows the new monthly interest payments and gets the City back in good stead with Carpenter.Henry moved to approve the addendum as presented by Bever,second by Metzger and the motion was carried on a unanimous voice vote. C. Bever also brought before the Board the news concerning Officer Kenny Lester who was involved in a tragic accident in 1995,out of which,the City,because of statutory responsibility,was obligated to pay for his continued medical care. He said that,to date,that amount is almost at$600,000 for the medical care,plus,another $100,000 initially budgeted for next year.He said Lester,through his guardian and attorneys, filed suit against the trucking company that was involved in the accident. As a result of that, Bever said,the City joined in as a plaintiff to attempt to cover its medical bills and then the trucking company also added the City as a defendant,saying the City played a part in the accident because of the design of that roadway.He said they added the City and the State and the City vehemently denied any responsibility for that and was dismissed as any possible defendant. As of last week,Bever said,the trucking company and Lester's attorneys have reached a settlement,adding that he took part in the negotiations on the part of the City.He said the settlement involves the City getting paid back$270,000 of its almost$600,000.He said two mediations took place to get this resolved and the City's portion of those was$1,288.81, which comes out of the$270,000.In addition to recovering this,Bever said,all further responsibility for medical care will now be terminated with the City. Bever said the precise amount is still subject to a confidential settlement agreement which may come out in public through Officer Lester's guardianship hearing,but at this time,Bever added,he did not want to be the one to reveal that amount.He did say that Officer Lester would be taken care of for the remainder of his life. Explaining the stand of the City,Bever said it is about half of what had been hoped for by the Lesters,therefore it seemed reasonable for the City to recover half.He said at this time he is asking for the Board's approval of the acceptance of the$270,000 sum as a complete settlement of the City's subrogated right.Calling it a win-win situation,Bever said Officer Lester hopes to get into another rehab facility that will continue any care to be given to him and the City will finally get out of this responsibility,but knowing it will come with some money that will help the Lesters. The other thing,Bever said,is that if this had gone to trial and the Lesters had won the entire amount,because of the work the attorneys had put in for the Lesters,they more than likely would have come to the City and said they wanted their third from the City's amount. Therefore,he said,he is fairly pleased with the overall settlement of this.Metzger moved to approve,second by Henry and the motion was carried on a unanimous voice vote. Board of Works Minutes Cont'd August 19, 1999 Page 6 BID OPENING A. Chairperson Goodwin said two bids had been received for the electrical work at all six of the fire stations.Henry read the bid from Hill Electric of Richmond which was for$1,450 and Metzger read the bid made by Cummins Electric Inc.for$2,190 with an alternate No. 1 to add $1,100.Chairperson Goodwin said both would be taken under advisement and come back at a later date for awarding.He also stated that the bid opening for the crack sealing in the North 7th Street City Parking lot would not take place as no bids had been received. ADJOURNMENT There being no further business,on a motion duly made,seconded and passed,and carried on a unanimous voice vote,the meeting was adjourned. Robert Goodwin,Chairperson ATTEST: Norma Schroeder,Clerk