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HomeMy Public PortalAbout04-17-1997 BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF RICHMOND, INDIANA, APRIL 17, 1997 1 The Board of Public Works and Safety of the City of Richmond, Indiana, met at 5 p.m.Thursday, April 17, 1997, 2 in the Municipal Building in said City. President Robert Goodwin presided with Robin Henry, Bruce Metzger and 3 Assistant City Attorney Steve Rabe in attendance.The following business was had to-wit: 4 5 APPROVAL OF MINUTES 6 7 The minutes of the meetings of April 10, 1997 were approved on a motion by Metzger, second by Henry and 8 carried on a unanimous voice vote. 9 10 CLAIMS FOR PAYMENT 11 12 Claims for payment submitted by the City Controller's office were read by Henry who noted they totaled 13 $593,813.95 and moved to approve, second by Metzger and the motion was carried on a unanimous voice 14 vote. 15 16 REQUESTS 17 18 A. Captain John Farmer of the Traffic Safety Division reported a request had been received from the 19 North Richmond Neighborhood Association to have the 800 and 900 blocks of North "H"Street and the 20 1000 and 1100 blocks of North "I" Street to have truck traffic removed and appropriate signage erected 21 to state "No Trucks Allowed." Captain Farmer said he had talked with representatives of Glazer Scrap, 22 B&F Graphics, Primex Plastics and Mosey Mfg. and they are all aware of this request. He stated there 23 was some confusion initially over the request but that has now been clarified with this request. He said 24 these blocks are primarily residential. 25 26 Speaking in support of the request was Ira Carter, president of the North Richmond Neighborhood 27 Association, and Etta Lundy, District 2 Councilmember. Captain Farmer recommended the placement 28 of the signs as requested, noting that he felt it would enhance the safety of the area. He also stated 29 there are alternate routes such as North G Street where there are no structures. Metzger moved to 30 approve the request,second by Henry and the motion was carried on a unanimous voice vote. 31 32 B. Police Chief Bill Shake informed the Board that the week of May 11-17 is National Peace Officers 33 Week and many activities have been planned locally to observe it. He said the Richmond Police 34 Department, the Wayne County Sheriff's Department and other law enforcement agencies within the 35 county have a memorial service which is conducted on the west side of the City Building. He said the 36 service this year is set for Thursday, May 15, at noon, and asked permission of the Board to use the 37 west parking lot to erect a canopy and allow seating for those participating and attending the service. 38 He also asked that the parking lot immediately in front of the police department entrance be closed 39 from 11 a.m. to 1 p.m. for the service. Chief Shake asked permission to fly a special flag at the 40 Freedom Fountain and also permission to fly the flag at half staff on May 15 in honor of those officers 41 who have died in the line of duty. He requested that the Council Chambers be available in case of rain. 42 Henry moved to approve all the requests, second by Metzger and the motion was carried on a 43 unanimous voice vote. 44 45 C. Chief Shake also asked for the Board's approval of a service agreement between the Richmond 46 Police Department and BFI for the pickup and disposal of the department's medical waste, and the 47 Waste Acceptance Protocol. He said this is necessary since Rumpke has ceased collecting medical 48 waste. In answer to a question by Metzger, Chief Shake said the amount of this waste varies, 49 depending on the activities they become involved in. He said they have been called to collect 50 hypodermic wastes and medical supplies from dumpsters throughout the City. Since Rabe had not 51 reviewed the agreement, Metzger moved to approve the request subject to approval of the City 52 Attorney's office,second by Henry and the motion was carried on a unanimous voice vote. 53 54 D. Lori Carr of Main Street Richmond/Wayne County as well as Townsend Community Center 55 requested the Board's approval of the route, date and time of the the 5th annual Teddy Bear Parade 56 starting from the City Building,going down the Promenade to lath Street. She said there will be various 57 kinds of entertainment for the children on the Promenade which include a face painter, magician and a 58 clown. She said it also includes a sack lunch containing a peanut butter sandwich. The event will be 59 from noon to 2:30 p.m. and the group, most of whom are day care children,will be using the sidewalks. 60 Captain Farmer recommended approval. Henry so moved, second by Metzger and the motion was 61 carried on a unanimous voice vote. 62 63 E. Requests by Susan Rogers at 618 South 13th Street and Laura Brown at 1217 Crosshall Street for 64 reserved handicapped parking spaces were approved on a motion by Henry, second by Metzger and 65 carried on a unanimous voice vote. Board of Works Minutes Cont'd April 17, 1997 Page 2 1 F. Captain Farmer said he received a request from Christ Tabernacle Church at 248 Pearl Street for 2 another handicapped spot for the church van that transports handicapped individuals to church 3 services. He said his department has been studying this for approximately two months and due to the 4 heavy residential neighborhood, parking is at a premium. He said there is one handicapped space at 5 the church at this time. Under the circumstances, he said, he is recommending that one more 6 unrestricted handicapped parking space be placed on the west side, which is the Third Street side. He 7 noted the parking congestion in that area does not become a problem except during the times when 8 church services are being held. He said this church conducts services at other times during the week 9 than on Sunday morning. Captain Farmer said this is the best compromise he can come up with for this 10 particular situation. Metzger moved to approve the recommendation by Captain Farmer, second by 11 Henry and the motion was carried on a unanimous voice vote. 12 13 Another request for additional handicapped parking spaces brought before the Board by Captain 14 Farmer was made by the Second Presbyterian Church on North 19th Street which asked for two more 15 to go with the one they have now. He said this request could be handled by putting in parking restricted 16 to Sundays, which he said is the best option in this case. He explained that Starr School is across the 17 street and during the week, parking is not allowed on that side of the street. However, that is not the 18 case on weekends, which about doubles the amount of parking in the area. Henry moved to approve 19 the request,second by Metzger and the motion was carried on a unanimous voice vote. 20 21 G. A curb cut request at 1108 Parry Street made by John Tate was brought before the Board by 22 Captain Farmer who stated the curb cut is to access a garage which is being constructed at that 23 residence. He recommended approval of the request and Metzger moved to approve it contingent upon 24 the requirements placed on it by the Engineering Department, second by Henry and the motion was 25 carried on a unanimous voice vote. 26 27 H. Rick Pegg of the Richmond Area Rose Festival requested the Board's approval of a noise variance 28 during the Rose Festival June 18 -21. He said the times will be from 5 to 10 p.m. June 18 for the jazz 29 concert;5 to 10 p.m.June 19 for the blues concert;6 to 10:45 p.m.June 20 for the country concert;and 30 6 to 10:45 p.m. June 21 for the rock alternative concert. He said the first two concerts will be free, 31 adding that the Rose Festival will be only five days this year and will be held in Glen Miller Park. He 32 added that this is the 26th year for the Rose Festival and the committee is working hard to make it 33 work. Metzger moved to approve the noise variance for the four days, second by Henry and the motion 34 was carried on a unanimous voice vote. 35 36 CONTRACTS 37 38 A. City Attorney Bob Bever gave the background on the City's attempt to appropriate the lot on the 39 north east corner of 10th and East Main Streets and the one south of Bullerdick's Furniture Store on 40 South 9th Street. He said on April 3 the Board assessed damages pursuant to the statute to the two 41 relevant aggrieved property owners, Don Daseke of Dallas, Texas and Kessler's Sport Shop Inc., with 42 the damages for Daseke being $71,000 and Kessler's being $84,250. Both amounts, Bever said, were 43 the average of the two appraisals made. He said this date was announced for the public hearing for 44 either of those aggrieved parties to remonstrate and since no answer was received from Daseke, the 45 offer made by the Board was considered accepted and the closing has been scheduled for Friday for 46 that purchase. Bever said that being the case, means this Board need not sustain nor modify that 47 award. 48 49 Bever said Kessler's had advised the administration that there would be a remonstration and that was 50 presented. Through negotiations between the City and Kessler's, Bever said, a modification of that 51 award had been agreed upon. Attorney Bob O'Maley, representing Kessler's, read the written 52 remonstrance filed by Kessler's, stating the sum offered was not truly a fair market value of the 53 property, noting that the appraisal done by M.A.I. Appraisal Services was substantially larger than was 54 offered. O'Maley went on to explain that Kessler's said they had acquired the lot in questions for 55 enhancing their business where their loading trucks and employees would be allowed to park. They 56 further stated that the building they own on the north west corner at 10th and Main Streets might not be 57 as profitable if that lot is taken away. He said they want to be good citizens and would be willing to 58 listen to the City's proposal. 59 60 Bever said the appraisal presented to Kessler's was $120,000 which means there is a considerable 61 difference of opinion on the price. Bever said Kessler's major concern is losing all the parking spaces 62 they have and in light of that the City administration is proposing to agree to a modification of the award 63 in conjunction with the modification of what property is being taken. The proposal, Bever said, begins 64 with Item 1, which is that Kessler's would retain 10 foot of the far eastern portion of the lot the City will 65 be taking. Board of Works Minutes Cont'd April 17, 1997 Page 3 1 Bever added that there is a 10-foot alley which is not being used on the far eastern side of the lot which 2 has been a vacated alley from the original plat. He said the City would file a petition to vacate the alley 3 and Bever said he believes the result is that it would be returned to the public for the public use. He 4 said the City would allow Kessler's to have that 10 foot which would, in all, allow them a 20-foot strip 5 enabling them to have 12 parking spaces along the eastern side of the lot. 6 7 Item 2, Bever said, is that the award would be modified to $86,000 which is the higher of the two 8 appraisals the City had previously made and Kessler's would agree to that, plus an award of$2,500 of 9 the cost of the remonstrance that Kessler's has had for their appraisal. Item 3, Bever said, is that 10 Kessler's would agree to pay for the paving, parking blocks and striping along the 20-foot strip of which 11 they would retain ownership through a$2,000 reimbursement to the City which would be the cost of the 12 improvement to their property. Bever said the City would also be given a decorative easement right to 13 maintain whatever shrubs were there on the Main Street side of that 20-foot strip. 14 15 With those three aspects, Bever said, the City administration would ask this Board to modify this award 16 accordingly, which is subject to the successful vacation of that 10-foot alley which everyone anticipates 17 but technically would have to be done before the finalization of the transfer of the property from 18 Kessler's to the City. 19 20 O'Maley said that expresses clearly the agreement and Kessler's finds it acceptable. He added that this 21 will resolve what has been a rather difficult situation for them. Bever said the City feels this is a fair 22 resolution for both parties, adding that it could have been taken to court and costs incurred by both 23 sides and that would also have delayed the project. Bever said the alley had been a footway alley for 24 the use of the old Westcott Hotel and it has not been needed for quite a few years. Bever said the 25 vacation has to go through the Planning Commission and Common Council to hopefully be done within 26 30 days. 27 28 Bever said this Board would modify the award pursuant to the conditions enumerated subject to the 29 successful completion of the vacation of the alley. Metzger so moved, second by Henry and the motion 30 was carried on a unanimous voice vote.O'Maley commended the Board for its action as well as the City 31 administration. Bever said he would submit something in writing to attach to the minutes to show the 32 exact modification the Board has approved. 33 34 B. Clay Miller of the Finance Department brought before the Board a change order request for the 35 Townsend Community Center project. He reminded the Board that the renovation is being done through 36 a Community Focus Fund grant of$500,000. Miller said as the project progresses there are things that 37 need to be changed,some need to be added and some taken off which has led to a change order in the 38 amount of$8,056.93 which will be covered by Townsend Community Center's match in its fund-raising 39 efforts. Henry moved to approve the request, second by Metzger and the motion was carried on a 40 unanimous voice vote. 41 42 C. President Goodwin read a letter of recommendation from Purchasing Manager Vicki Stevens stating 43 that there were three bidders for the long distance phone contract with the City. They were A.T. & T., 44 GTE and Sprint. Stevens recommended the bid be awarded to A.T. & T. as the lowest, most 45 responsive, responsible bidder. Henry so moved, second by Metzger and the motion was carried on a 46 unanimous voice vote. 47 48 OLD BUSINESS 49 50 A. President Goodwin asked Joan and Omer Burke, owners of Joan's Restaurant, to come forward, 51 along with Ben Kovach, a customer. He said since Marvin Smith, owner of Marvin's Auto Sales, the 52 other person involved in this issue was not present,the Board could not make a decision. However, he 53 said Smith would be notified of the meeting next week and asked the trio to be present also, when the 54 Board would discuss the issue. He added that he, along with Mayor Dennis Andrews, City Engineer 55 Bob Wiwi, Street Division Manager Bill Smith and Captain John Farmer of the Traffic Safety Division, 56 had looked over the area on South 5th Street to try to determine the legitimacy of some of the claims 57 which had been made. After looking it over, he said, some of the proposed plans include rebuilding the 58 curbing on both sides of the street and cutting out and improving the alley near the restaurant. These 59 will all be addressed next week, he said. 60 61 ADJOURNMENT 62 63 There being no further business, on a motion duly made seconded and passed and carried on a unanimous 64 voice vote,the meeting was adjourned. 65 Robert Goodwin, President ATTEST: Norma Schroeder, Clerk