HomeMy Public PortalAbout03-20-1997 BOARD OF PUBLIC WORKS AND SAFETY OF THE
CITY OF RICHMOND, INDIANA, MARCH 20, 1997
1 The Board of Public Works and Safety of the City of Richmond, Indiana, met at 5 p.m. Thursday, March 20,
2 1997, in the Municipal Building in said City. President Robert Goodwin presided with Robin Henry, Bruce
3 Metzger and Assistant City Attorney Steve Rabe in attendance.The following business was had to-wit:
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5 CLAIMS FOR PAYMENT
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7 Claims for payment submitted by the City Controller's office were read by Henry who noted they totaled
8 $124,164.61 and moved to approve,second by Metzger and carried on a unanimous voice vote.
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10 PUBLIC HEARING
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12 A. President Goodwin explained the purpose of the public hearing is to hear remonstrances to the
13 City's efforts to acquire two parking lots in the uptown through condemnation. City Attorney Bob Bever
14 presented proof of publication of the public hearing which appeared in the Palladium-Item March 2 and
15 March 9, 1997 as required by statute.
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17 Giving background on the issue, Bever said this Board passed Resolution No.2- 1997 on February 20,
18 1997,to appropriate or condemn certain real estate parcels which were legally described as set forth in
19 the legal notification as being on South 9th Street in the 0 to 100 block on the west side next to the
20 furniture store and the north east corner of North 10th and Main Street across from Kessler's. He said
21 the purpose of the hearing is for the owners of those lots who are adversely affected and after hearing
22 them the Board can confirm, modify or rescind Resolution No. 2 - 1997. Bever said if the Board
23 confirms the resolution then an actual list of the people who are adversely affected, which are the two
24 property owners, can be put together and once they are identified formally this Board can present to
25 them the price the City believes should be paid and they can challenge that if they so wish at the next
26 hearing.
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28 Bever said he had talked with representatives of Don Daseke, owner of the South 9th Street lot, who
29 said he did not intend to remonstrate against this resolution and he also talked with a representative of
30 Kessler's Inc. and they did not know whether to come tonight or wait until further Board action.
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32 John McCreerey, 1808 Liberty Ave., said he questioned the veracity of acquiring property in the City
33 and condemning that property when it is presently used for the function the City sees necessary to
34 condemn it for. He said the master plan of the City can suggest uses to private owners and save the
35 taxpayers money by allowing private investors the right and privilege to improve their property. He said
36 this applies particularly to the property at 10th and Main Streets which he sees no value in the City
37 acquiring because actually the City would lose spaces if it follows through with the present plan.
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39 In answer to a question by Metzger, Bever said this Board is to decide to proceed to approrpriate or
40 condemn and that is what it is approving if they vote to accept or confirm the prior resolution. In answer
41 to McCreerey, Bever said when it is privately owned there are limitations on who can use it and the City
42 cannot control that. Also, he added, as long as someone else owns it the City cannot make them
43 improve it to any degree.
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45 City Engineer Bob Wiwi spoke in favor of the resolution, stating that since it is adjacent to the
46 Promenade area the plan is to make improvements and since it is highly accessible to the merchants it
47 is appropriate to make it a public lot. He pointed out that the City has improved a lot just north of that lot
48 in previous years to provide more parking for access to the area. In answer to McCreerey's question
49 about zoning the lot exclusively for parking, President Goodwin said there is no zoning classification for
50 parking. He said the obligation of the City is to provide off-street parking and it addresses the need the
51 City has at the east end of the Promenade to provide parking for that area. Henry moved to confirm
52 Resolution No. 2-1997, second by Metzger and the motion was carried on a unanimous voice vote.
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54 SETTLEMENT OF JACKIE MOODY SUBROGATION
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56 A. Bever explained that Jackie Moody was involved in an accident in the course of performing her
57 duties with the Richmond Police Department and as a result of that accident, Moody hired her own
58 independent attorney to file cause of action against the alleged wrongdoer. Bever said her attorney in
59 Indianapolis said there is a proposed settlement in that the defendant in that action is willing to submit
60 his entire insurance proceeds which has a $50,000 limit on the insurance and he has no personal
61 assets viable for that collection.
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63 Bever said what the City is involved with is that it has a subrogation right against proceeds when a third
64 party wrongdoer causes damages to an employee of the City or an Officer to the extent that the City
65 has expended toward their medical expenses.
Board of Works Minutes Cont'd
March 20, 1997
Page 2
1 He said in this instance the City has expended $29,125 for medical expenses incurred on behalf of
2 Moody. He said since her attorney is the one pursuing the claim and has been keeping the City abreast
3 of what has been occurring, the minute he found they would get $50,000 they asked what would be
4 done with the City's subrogation claim. Bever said the attorney has a one-third contingency and any
5 benefit that the City or subrogation holder derives from that litigation the City is responsible for that
6 same one third. That means, Bever said, the attorney would be getting approximately $16,666 from
7 pursuing the cause of action and getting the other side to admit to their liability, which leaves$33,333.
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9 Bever said since Moody incurred pain and suffering and her own out of pocket expenses, if the City
10 took the entire $29,125 that would leave Moody only$4,000. In a discussion between the attorney and
11 the City, it has been determined the City will accept 50 cents on the dollar or $14,560 out of what
12 actually was expended and does not count the one third it would have had to expend for the attorney
13 collecting on the City's behalf. Bever said Moody would get approximately $18,773 which is barely little
14 more than what the City is getting. Bever said he feels this is a fair resolution and he suggested that the
15 Board approve the settlement with the City for$14,560. He explained that the money will come directly
16 to the City as reimbursement because the City is self insured for those medical expenses that it has
17 paid. Metzger moved to approve the proposed settlement of 50 cents on the dollar, second by Henry
18 and the motion was carried on a unanimous voice vote.
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20 RESOLUTION NO.3-1997
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22 A. Assistant City Attorney Rabe explained that the City Code regulates placement of signage in the
23 City, however, that code only regulates signs placed on private property. He said at various times this
24 Board has had requests from organizations to place signs on the City's right of way which prompted the
25 Board to request the Department of Law to draft some type of procedures. Rabe said Resolution No.3-
26 1997 establishes a list of procedures whereby nonprofit charitable, religious institutions can request
27 from this Board to place directional and informational signs in the City's right of way. This resolution
28 requires that the request be put in writing and that it be considered at the Board's regularly scheduled
29 meeting.
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31 Rabe said it also requests input by the Traffic Safety Division and the Street Department and makes
32 permission contingent upon compliance with any quality standards set by the Street Department as well
33 as references in the manual of Uniform Traffic Control Devises which stipulate things such as the
34 number of signs within an area, size and height.
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36 Captain Farmer said he had reveiwed the resolution and made suggestions which were incorporated in
37 it, making it, in his opinion, a very workable one. He also noted the manual sets forth the placement and
38 criteria and stated he had brought along a copy of the manual for review. He said it includes the Indiana
39 State Statutes, tourist information and directional signage which includes the standard placement of
40 signs. In answer to a question by Metzger, Captain Farmer said it sets forth a check off list for
41 specifications, adding that it is a publication of the Federal Transportation Agency. In answer to a
42 question by McCreerey, Captain Farmer said the historic interest areas he mentioned are covered in
43 the manual, adding that it covers those aesthetic considerations but leans in favor of public safety.
44 Rabe added that this resolution also provides that any organization which places signs are responsible
45 for maintenance and repair of those signs. Henry moved to approve the resolution, second by Metzger
46 and the motion was carried on a unanimous voice vote.
47
48 President Goodwin asked Captain Farmer if it was appropriate at this point to address the request that
49 prompted the need for Resolution No. 3 - 1997, namely the request made by Mount Moriah Baptist
50 Church and brought before this Board January 30, 1997. Captain Farmer said the resolution definitely
51 gives the Board a policy to work with. He added that he had made the attorney for Mount Moriah aware
52 of the resolution, explaining it might increase the cost to them and they are willing to meet the
53 requirements and comply with the standards dictated by the manual. Metzger moved to approve the
54 request of Mount Moriah for the placement of directional signs in accordance with Resolution No. 3 -
55 1997,second by Henry and the motion was carried on a unanimous voice vote.
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57 REQUESTS
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59 A. Captain Farmer addressed the issue of the traffic signal at North 15th and E Streets, stating it has
60 been a concern of residents and businesses in that area for several years and due to the fact the signal
61 is about 50 years old numerous problems have been encountered in repairing it. He said the original
62 manufacturer is no longer in business and neither are the companies who usually carry the replacement
63 parts. He noted that the cost of a new signal would be in excess of$25,000. However, Captain Farmer
64 said, by working with Larry.Williams at Richmond Power & Light and doing a lot of closet searching,
65 parts have been found to allow the repair of the signal for an estimated cost of$319.36.
Board of Works Minutes Cont'd
March 20, 1997
Page 3
1 Captain Farmer recommended the signal be repaired, stating the money is available in the Traffic
2 Signal Repair Account in the Police Department. Henry commented that she feels there will be a day of
3 reckoning for the signal and asked how the four-way stop signs had worked that were temporarily
4 placed in the street. Captain Farmer responded that several signs had been lost due to the placement
5 and if it ever comes to taking the signal down it will take a lot of retraining for those who frequent that
6 area and it is something that will have to be dealt with. He said this, however, buys some time but he is
7 not sure as to how much. Metzger moved to approve the repair of the signal, second by Henry and the
8 motion was carried on a unanimous voice vote.
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10 B. President Goodwin said the next two requests are similar in nature in that they speak to the issue of
11 truck traffic in nearly the same area. (B) Request by North Richmond Neighborhood Asociation to
12 remove truck traffic from North I Street between North 10th and North 12th Streets; and (C) Request to
13 remove truck traffic from North "H"Street from North 8th to North 10th Street and the parking of Glazer
14 trucks on North 8th Street. Captain Farmer recommended that a public hearing be set so that all parties
15 can have their say concerning the issue and can appear before the Board regarding this matter. After
16 some discussion about the proper time to set the public hearing it was decided to set April 17 as the
17 date.
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19 D. Daniel Bach, 1367 Capri Lane, stated that he is a member of St. Andrew's Catholic Church and the
20 general chairperson of Seton Fest 1997. He also noted that accompanying him was Father Todd Riebe,
21 administrative pastor of all three Catholic parishes which make up the Richmond Catholic Community.
22 He said maintaining and supporting Seton East and Seton West Schools is a joint venture of all three
23 parishes and his reason for appearing before the Board is to ask approval to hold a carnival/festival to
24 support the Seton Endowment Fund which is a fund held in Wayne County, the interest for which is
25 used for purely educational matters.
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27 Bach explained that this is the second year for the event and the specific requests he brings before this
28 Board is for a noise ordinance and partial street closing. He said the hours will be the same as last
29 year, from 10 a.m. to 10 p.m. on Thursday, June 12; from 10 a.m. to 11 p.m. on Friday, June 13; and
30 from 10 a.m.to 10 p.m. on Saturday,June 14. He asked for the closing of South West 8th Street south
31 of the alley beween South West 8th and South West A from June 10 to June 14, noting that these dates
32 are in the contractual agreement to set up the Poor Jack's Amusement rides. Bach explained that the
33 purpose of Seton Fest is to benefit Seton Catholic School and its Endowment Fund. Secondly, he said,
34 they like to annually raise the community awareness what contributions Seton School makes to the
35 Richmond Community and at the same time offer the community an opportunity to help support the
36 School.And, last of all, Bach said,this festival offers the Richmond Catholic Community the opportunity
37 to work together to achieve common goals.
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39 Bach shared a proposed layout of the festival grounds with the Board, noting the space where a new
40 car that will be raffled at the festival would be displayed, the location of the food and game booths, a
41 stage for live entertainment, a tent for people under which to enjoy their food, Poor Jack's Amusements
42 in the parking lot,free movies, bingo,spaghetti supper and a Monte Carlo night.
43
44 Bach also stated that a poll had been taken of neighbors in the area and told the Board the results of
45 that included the following: He said many people suggested it shut down at the same time as it did last
46 year and suggested keeping the neighborhood clean, adding that they used Boy Scouts last year to do
47 that and intended on using them again this year. Another issue was security and he said they would
48 have off duty policemen and members of the Sheriff's department as they did last year. He said many
49 commented the lights on the rides were distracting and he had talked with Jerry Bohlander, manager of
50 the rides, and he said there isn't much that can be done about that but answering complaints that the
51 generator is noisy, he said they will be moving it closer to the Newman residence to get the noise off
52 the street and that is the best that can be done to help that.
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54 He said a suggestion was made to hold the festival some other place than in a residential neighborhood
55 and they had looked at other alternatives such as St. Andrews and St Mary's but found neither of those
56 locations workable. The request for the closing of the street is in answer to a suggestion made so a
57 property owner can have access to his garage and they worked it out with Poor Jack's who does not
58 need to shut the north end of that street off so they will leave it open and ask the Board to ban parking
59 on the street. He also noted the food booths will be moved onto church property keeping that area north
60 of the alley completely open. Bach said he was able to work out an agreement with Poor Jack's that
61 ride setups not be continued after 11 p.m. but the rides will have to be taken down after 11 p.m. at the
62 close of the festival on Saturday night because of a previous commitment of Poor Jack's to be in
63 Anderson by 3 p.m. on Sunday. Bach said he realized it is an imposition but it cannot be helped.
64 Another suggestion made during the poll was that the amusement ride operators not stand in the lot
65 and talk after the day is ended and Bach said he talked with Bohlander and he believed that is
controllable with the help of the security people on hand.
Board of Works
March 20, 1997
Page 4
1 Captain Farmer said he felt the presentation given by Bach was as good as any he had seen and a big
2 improvement over last year. He said the problem with the blocked garage is controllable and the
3 committee is trying to work things out and alleviate many of the concerns.
4
5 Joyce Mopps, 747 W. Main, said she is the one who needs access to her garage because she cannot
6 rely on on-street parking. She said she is still concerned about Poor Jack's tearing down in the middle
7 of the night, stating it is very disturbing to the immediate neighbors. She added, however, that she
8 realizes that the committee is working hard to make things better. In answer to a question by President
9 Goodwin about tearing the rides down earlier on Saturday, Bach said that would mean lost revenue for
10 Poor Jack's because the adults will be coming in for the spaghetti dinner and the Monte Carlo night and
11 the kids will be wanting to ride.
12
13 In answer to a question by Mopps if that noise problem could be taken care of next year, Bach said
14 there would be no guarantee but it could possibly be worked out. He stated that Poor Jack's is doing
15 Seton Fest a favor by being there because it is not generating the kind of money they want to generate.
16 He said other vendors are not interested in coming here because of that. Captain Farmer said he is a
17 member of the Wayne County 4-H Fair Board and because of that he knows of other providers and he
18 feels that the schedule can be negotiated and it is not an impossibility.
19
20 Metzger said he sympathized with Mopps, adding that he knows her. He said normally when this Board
21 gets request for noise waivers it is just for one night and it has been the general rule for the Board to
22 grant those requests only until 10 p.m. and this request is for three nights instead of one. He said he
23 appreciates the residents' willingness to bend, but from his standpoint, he said they need to tell them
24 that 10 p.m. is the absolute cut off point. Metzger stated that he would guarantee that it would not be
25 met favorably by him if they exceed the 10 p.m.time. He added that three nights in a row is stretching it
26 beyond the limit. Rabe said the request is for the waiver of the noise ordinance and the blocking of the
27 street, adding that there is no festival ordinance in the City code.
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29 Henry moved to waive the noise ordinance June 12, 13 and 14 and also close South West 8th Street
30 south of the alley between South West 8 and South West A Street June 10 through June 14th, second
31 by Metzger and the motion was carried on a unanimous voice vote.
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33 E. Captain Farmer reported that the Wayne County Council on Child Abuse Prevention had requested
34 the use of one of the handicapped parking spaces in the City lot south of Elder Beerman on National
35 Lifesavers Day, April 19, so they can hand out lifesavers (candy) and collect donations from the public.
36 He said this would be much like the fill the boot done by the Fire Department for muscular dystrophy.
37 Henry asked if Elder Beerman is aware of this request and President Goodwin said they are and have
38 no objections. Metzger moved to approve the request, second by Henry and the motion was carried on
39 a unanimous voice vote.
40
41 F. Reserved handicapped parking requests were presented by Captain Farmer who noted that he
42 recommended the request made by Helen Sheets at 503 North 17th Street be denied because it had
43 been reviewed and was found that it does not meet the requirements set forth by the ordinance since it
44 has a garage and concrete walks to the property. Henry moved to deny the request, second by Metzger
45 and the motion was carried on a unanimous voice vote.
46
47 Captain Farmer said the following three requests had also been reviewed and he recommended
48 approval of all three. Metzger moved to approve the request made by Naomi Martin at 411 North West
49 3rd Street, second by Henry and the motion was carried on a unanimous voice vote; Henry moved to
50 approve the requests made by Vicki Tapp at 116 North 18th Street and Marian Gregory at 36 South
51 19th Street,second by Metzger and the motion was carried on a unanimous voice vote.
52
53 PRESENTATION: DAVID WELLS AND JOHN MCCREEREY
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55 A.John McCreerey said he represented 800 petitioners seeking reconsideration of the Mayor's current
56 plan to demolish the Promenade. He said the presentation is divided into two halves with David Wells
57 taking the first half and McCreery taking the second half with an architectural presentation of some
58 options and observations concerning the City.
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60 Wells, a professor of economics at Earlham College, said he agrees that it will be helpful for Main
61 Street to connect with Route 27 which is 8th and 9th Streets, but he is concerned with the other three
62 blocks between 5th and 8th. He said there are huge parking lots surrounding the area and he noted that
63 in the last 40 years the area has changed with the retail area opening up to the east and many of the
64 stores finding better locations along with the population spreading out greatly. He said this is not
65 uncommon and has happened in many places.
Board of Works Minutes Cont'd
March 20, 1997
Page 5
1 Wells, a resident of Richmond since June 1996, said the pedestrian mall needs adequate parking and
2 store directories which it does not have for the 8th through 10th Street blocks. He compared the
3 Downtown Promenade to the one in Holland, Mich. although he noted there are a number of
4 differences. He said Holland has boutiques and cafes downtown. He stated three goals which included
5 seeing stores cross pollenate each other; think about making downtown an activity center and have
6 community ownership; and have activities such as bringing the farmer's market downtown, a gorge
7 connection and a science exhibit constructed by the youth of the community.
8
9 McCreerey,who stated he is a member of the American Institute of Architects and is a former professor
10 of architecture, said when he moved to Richmond in May he found it was one of the most progressive
11 places in which he had lived. He noted that soon after moving here he noticed certain directions
12 downtown counter productive to the vision established for Richmond. He commented on the decaying
13 infrastructure, disintegrating curbs and miscellaneous and out of control signage. He said the concerns
14 of the committee is not to reduce the qualities of the downtown by tearing down the mall but to reflect
15 the character of it in the downtown and develop a whole image of the downtown which is one of health
16 and elegant plantings, well maintained sidewalks and curb cuts. He said the key element the
17 Promenade offers is a gathering place for large festivals and groups.
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19 ADJOURNMENT
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21 There being no further business, on a motion duly made seconded and passed and carried on a unanimous
22 voice vote,the meeting was adjourned.
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29 Robert Goodwin, President
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34 ATTEST:
35 Myra Miller, Deputy Clerk
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