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HomeMy Public PortalAbout06-11-1998 BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF RICHMOND,INDIANA, JUNE 11,1998 The Board of Public Works and Safety of the City of Richmond,Indiana,met at 5 p.m.Thursday,June 11, 1998,in the Board of Works Room in the Municipal Building. Chairperson Robert Goodwin presided,with Robin Henry and Assistant City Attorney Steve Rabe in attendance.Bruce Metzger arrived at 5:10 p.m. The following business was conducted: APPROVAL OF MINUTES The minutes of the June 4, 1998,meeting,were not approved because of the absence of Metzger early in the meeting.Chairperson Goodwin explained that Henry was not in attendance at that meeting and therefore could not act upon the minutes. CLAIMS FOR PAYMENT Claims for payment submitted by the City Controller's office were read by Henry,who noted they totaled $294,952.23 and moved to approve,second by President Goodwin and the motion was carried on a unanimous voice vote. REQUESTS A. Chairperson Goodwin read a request for a curb cut at 1580 Progress Drive,explaining it is for a new one as well as the widening of an existing one.Henry moved to approve contingent upon the following of City specifications,second by Chairperson Goodwin and the motion was carried on a unanimous voice vote. B. Julie Shafer,representing the Leland Hotel,asked for the temporary blocking of the City's parking lot,sometimes referred to as the Harmon Glass lot,on South 9th Street for parking for a wedding party June 13 from 7 a.m.to 3 p.m.Chairperson Goodwin read a letter submitted by Captain Melody Truitt of the Traffic Safety Division saying the request had been reviewed and approval was recommended.In the letter it was stated that hotel personnel had contacted the affected businesses and the one parking permit holder and there had been no opposition. Henry moved for approval,second by Chairperson Goodwin and the motion was carried on a vote of two in favor,with Metzger abstaining. C. Police Chief Bill Shake requested the Board's approval to hold training at one of the City- owned houses on Chester Boulevard.He said the training would include how to make a safe entry into a house and the safe searching of residences.He said this would take place within the next 30 days.In answer to a question by Chairperson Goodwin as to whether or not a battering ram will be used,Chief Shake said it will,but not to mistake this as a S.W.A.T. team project as seen on television. Chairperson Goodwin explained that this property is among those that came into the hands of the City because of the Industries Road project and is scheduled for demolition.Metzger moved to approve,second by Henry and the motion was carried on a unanimous voice vote. D. Change Order No. 3 on temporary signage was brought before the Board by City Engineer Bob Wiwi who explained this is related to some work done earlier on the uptown project.He said when the project was under construction,the signals on 8th and 9th streets were to be replaced and new signals put up.However,he said,the delivery time made it so they would not be put up until after the Christmas holiday so it was determined to put up temporary signals to ensure the safety of the east/west traffic when Main Street was opened.He said the decision was made to allow the contractor,on a time and material basis only,to put up temporary signals,to which INDOT agreed and provided the signals to be put in place. Board of Works Minutes Cont'd June 11, 1998 Page 2 He said this change order reimburses the contractor for the time spent installing and taking down the temporary signals during the holiday season.Wiwi said the new signals are in place at this time,but the contractor does need to be compensated and it is within the budget for the project.He added that the$5,925.10 is within the normal allowed overage on projects of this kind. Henry moved to approve,second by Metzger and the motion was carried on a unanimous voice vote. BID OPENINGS A. Three proposals were received for doing the site development drawings of the railroad depot on North E Street.Metzger read the one from Quandt Inc.Engineers&Architects which was for the lump sum of$57,552;Henry read the proposal from Michael Schuster Associates of Cincinnati,Ohio,with a lump sum of$67,960;and Chairperson Goodwin read the one from Cole&Associates,stating it did not include a price.He said the proposals would be forwarded to the proper department for review and would be returned to the Board for awarding. B. Chairperson Goodwin opened a bid from Ted Lyons of Lyons Insurance and Real Estate which was for$50,000 cash for the former site of the Medical Arts Building at 35 South 8`h Street.He stated that the bid would be taken under advisement because the way it was advertised was that the bidding will be open for 60 days and bids will be opened on a weekly basis until the Board receives one that is to its liking.The bid,he said,was on condition that an environmental site assessment would be made to the bidder's liking. C. Assistant City Attorney Steve Rabe reminded Board members that the Board had recently opened bids for work to be performed on three properties deemed unsafe by the Unsafe Building Commission.He said the property at 304 North 15th Street is not being brought back for a recommendation because of a change in ownership,adding that it is actually owned by Wayne County now.He said it is across the street from the park and has been fenced in.He added that he is awaiting word from the County as to what it is going to do. Rabe said the property owner has completed work at 330 South 11t Street and the person who owns the property at 70 North West G Street had contacted the City the next day after coming before the Board and has been in touch with Inspector Wayne Jackson who is continuing to work with him.Rabe said he is recommending that these two bids be rejected since the property owners are complying with the unsafe building orders.Metzger moved to hold off on the bid for 304 North 15th Street and reject those for 330 South 11th Street and 70 North West G Street,second by Henry and the motion was carried on a unanimous voice vote. HEARING ON FENCE REMOVAL A. Rabe explained that it had come to the attention of the Department of Law that the owners of the property at 1330 South 15th Street had constructed a fence alongside the road,which is located in the City's right of way.He said Chairperson Goodwin,in his capacity as director of the Planning Department,had met with the owners and requested the removal of the fence. Rabe said the reason the issue has come before this Board,is because of the complaints by the neighbors,in addition to the upcoming widening of that road and actual relocation of the road as it is re-paved which will take place either this year or the next necessitating the moving of the fence. Board of Works Minutes Cont'd June 11, 1998 Page 3 B. Rabe said the Engineering Department had confirmed it is on the City's right of way,and since this Board is in charge of all City-owned property,that is why the issue has been brought here.He said the decision rests with this Board as to whether or not it wants to order the fence removed.Rabe said he had notified the property owner and the neighbors who complained and asked them to bring their concerns to the Board of Works&Safety. Stepping forward were the neighbors who identified themselves as Joseph and Frances Carter of 1403 South 15th Street and Tracy Fultz of 1413 South 15th Street.Joseph Carter said the fence is blocking his driveway and he doesn't have room to get his car and boat in or out. France Carter said the truck that delivers their bottled gas has to block the street when it makes its deliveries.Fultz said there isn't room for two cars to pass on that street either.The Carters said they have lived in their home 36 years and Fultz has lived in hers for 42. Joe Carter said the fence had been up since the day before Easter this year which was April 11.Fultz said she asked one of the owners,Michelle Steffel,if she had obtained a permit to put up the fence. She said her answer was that it had been surveyed and they had been told to put the fence any place they wanted to.As a point of clarification,Rabe said City codes govern the height of a fence but no permit is required to erect a fence.He added that it is a commonplace thing for people to erect fences in the City's rights-of-way and generally no action is taken unless the neighbors complain or if it is a safety hazard.He added that this is not the only case in the City where this has happened. Chairperson Goodwin said he had tried to explain to Michelle Steffel in their telephone conversation that it was her choice to build there or put a fence there,but either of those would be done at her own risk.He said he explained to her that if there were any complaints, whatever she placed there would have to be moved,and a complaint has been lodged. During a brief exchange between Joe Carter and Michelle Steffel,Carter said you can't back a 15-foot boat off of a 15-foot road an Steffel said Carter talked about placing dumpsters there. Chairperson Goodwin asked them to address the Board and not each other. Michelle Steffel asked if there is some kind of book with rules and regulations of what can and cannot be done within a City's right of way,adding that if she is at fault for having the fence then the neighbors are at fault for using it as a parking lot. Chairperson Goodwin said such a book exists and it is called the Code Book,containing ordinances which have been adopted,regulating the manner in which a public right of way can be used. Frances Carter said she hopes the Steffels will consider their need for getting their boat out, adding that she is just asking them to move it back far enough to get their boat out.Joe Carter said the two couples should have talked before coming to the Board and should not have let this issue go this far.Pointing out that putting up the fence was not a personal thing on her part,Michelle Steffel said her original plan all along was to have a fence there. After hearing some brief comments about the placement of a fence,Chairperson Goodwin said he had no knowledge that it had to set back a certain number of feet,only that it is recommended to set it back two or three feet so it can be serviced.Actually there is nothing that says the fence can't be placed right up to the property line.