HomeMy Public PortalAbout08-15-1996 BOARD OF PUBLIC WORKS AND SAFETY OF THE
CITY OF RICHMOND. INDIANA. AUGUST 15. 1996
1 The Board of Public Works and Safety of the City of Richmond, Indiana, met at 5 p.m. Thursday, August 15,
1 2 1996, 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 APPROVAL OF MINUTES OF AUGUST 8.1996
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7 The minutes of the meeting of August 8, 1996 were approved on a motion by Henry,second by Metzger and the
8 motion was approved on a unanimous voice vote.
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10 CLAIMS FOR PAYMENT
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12 Claims from the Controller's office were read by Henry who noted that they totaled $494,119.89 and moved to
13 approve,second by Metzger and the motion was carried on a unanimous voice vote.
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15 REQUESTS
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17 A. Renee Oldham, director of Main Street Richmond/Wayne County Inc., asked the Board's approval
18 for the use of the Promenade for the 1996 "Jazz Fest" scheduled for Friday, September 13 and
19 Saturday, September 14. She said the Promenade of the Arts Festival will be a part of that event as
20 well as the Crosley car show, noting this would take the place of the previous Apple Fest. She asked to
21 use the City-owned lot next to the Clarion Leland for that event and to close the area between the
22 service alleys on 6th Street for commercial vendors.
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24 Another request by Oldham was for approval to use the top level of the downtown parking garage for a
25 rooftop rendevous jazz party from 6 to 10 p.m.Wednesday, September 11. She explained the purpose
26 of that was to change the negative perception of the parking garage to a positive one and to show that
27 it is really a great facility.She said that event would kickoff the jazz theme highlighting a Dixieland band
28 and French and cajun cooking.The money realized from the undertaking, she said,will be set aside for
29 downtown next year for the existing businesses to help offset marketing expenses.
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In answer to a question posed by Metzger, Captain Farmer said he had no problem with the closing of
6th Street. Oldham assured the Board there would be no amusement rides at this event and said she
33 had talked to Clerk Norma Schroeder about the use of the parking garage and was granted permission
34 to do so. Henry asked about a noise variance and Oldham said she would be glad to apply for one.The
35 times, Oldham said, would be 5 to 11 p.m. Friday, September 13, and 11:30 a.m. to 11 p.m. on
36 Saturday, September 14. Captain Farmer said he felt it would be wise to ask for a noise variance,
37 noting that the noise will carry farther since it is four stories high. City Attorney Bob Bever questioned
38 the insurance and Oldham assured him Main Street has an event rider which covers liability, adding
39 that she would check with the insurance company to make sure. Bever said he would require the City
40 be on the rider for that event and asked for a copy of same to be filed in the Law Department. Metzger
41 moved to approve the request as well as that for a noise variance subject to the City being listed as an
42 additional insured and provided with a certificate showing that, second by Henry and the motion was
43 carried on a unanimous voice vote. _
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45 B. Captain Farmer recommended approval of a handicapped parking space application by Shirley
46 Auger at 515 South D Street. Henry so moved, second by Metzger and the motion was carried on a
47 unanimous voice vote.
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49 C. Three curb cut requests were brought before the Board by President Goodwin. The first, at 1522
50 South 4th Street, was made by Alex Gibson for the installation of a garage in a residential area.
51 President Goodwin said the Engineering Department had recommended approval but had added some
52 conditions. Henry moved for approval subject to the conditions,second by Metzger and the motion was
53 carried on a unanimous voice vote. The second request was for 1206 South L Street which also had
54 some added conditions made by the Engineering Department. Metzger moved for approval subject to
55 those conditions, second by Henry and the motion was carried on a unanimous voice vote. The third
56 curb cut request was for 2209 South L Street where a new house is being built. The Engineering
57 Department had conditions for this one also and Metzger moved for approval subject to those
58 conditions,second by Henry and the motion was carried on a unanimous voice vote.
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60 D. Captain Farmer brought before the Board a request for noise permits on three different dates for
61 Earlham College. He read a letter which noted two of the dates, August 25 and August 27, will be in
62 preparation of New Student Week and September 8 for "Sun Splash which will feature an oudoor
63 movie, a disc jockey for an oudoor dance and bands. He said events for the New Student week will
64 begin at 10 p.m. and end at midnight. "Sun Splash" will begin at 10 a.m. and end at 8 p.m. Henry
65 moved for approval,second by Metzger and the motion was carried on a unanimous voice vote.
Board of Works Minutes Cont'd
August 15, 1996
Page 2
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1 CONTRACTS
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3 A. City Engineer Bob Wiwi told the Board that the City is moving forward, on the downtown
4 redevelopment project and designs and construction plans must be done to construct the projects. He
5 said the staff in his department is not large enough or have enough expertise to do this and he asked
6 the Board to approve his request to solicit proposals from private consultants who will prepare the
7 design and construction drawings for this project. He said there are several competent firms in
8 Richmond and the surrounding communities, adding that he has been contacted by a few already. He
9 said he wishes Board approval to send out letters with schematic drawings to go along with them and
10 set a deadline date for the return of the proposals no later than September 6, noting that construction
11 will hopefully begin in the spring of 1997.
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13 Wiwi said the construction will not be done in house, stating that it will require outside assistance. He
14 said the company selected will be building upon the generalized plan that has already been prepared,
15 narrowing them down to specific construction elements. Wiwi explained that after the proposals,the top
16 three candidates will be interviewed and once the company is selected there will be public input coming
17 from the different committees which have been gathering data for the project. Metzger moved to
18 approve the request,second by Henry and the motion was carried on a unanimous voice vote.
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20 OTHER MATTERS
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22 A. Wiwi reported that South 37th Street is under construction and going at full speed, noting that large
23 construction equipment will be crossing over Hodgin Road and Backmeyer Road where South 37th
24 Street intersects. He added that there will be flag people available when the construction equipment is
25 crossing but to provide for better public safety he felt it would be prudent to install temporary signs to
26 reduce the speed limit. President Goodwin said he had asked Captain Farmer to review the request
27 and after doing so Captain Farmer said he did some spot checking on Backmeyer and found the speed
28 to be excessive, adding that he will be putting that area on the Traffic Safety Division's enforcement
29 program on a more regular basis.
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31 Captain Farmer said he suggested the speed limit be reduced 10 m.p.h. below the limit in an urban
32 area which would make it 20 m.p.h. He recommended the reduced speed from the beginning of the
33 3600 block on each road through the 3700 block. That would mean, he said, the westbound traffic
34 would have the reduced speed limit sign posted where the 3700 and 3800 blocks join and the other
35 where the 3500 and 3600 blocks join. He said that would give the construction crews a block leeway on
36 either side of the construction site. Captain.Farmer said 30 m.p.h. speed limit signs will be placed on
37 Hodgin Road as soon as the annexation of that area is final, which means the reduced speed there
38 would also be 20 m.p.h. Clerk .Schroeder said the proper papers are in the process of being filed,
39 adding that the annexation should be final within a week.Wiwi said if the construction continues at the
40 current pace, the street will be completed by the end of the year which is faster than was thought
41 originally.
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43 Captain Farmer said the Traffic Safety Division will adopt an educational aspect to stopping the
44 motorists and give them a few days grace period before writing tickets;He warned that under Indiana
45 law the judges can double the fines on those tickets received in construction zones. Henry moved to
46 approve posting of the reduced speed limit signs, second by Metzger and the motion was carried on a
47 unanimous voice vote. •
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49 B. City Attorney Bob Bever said he had received an engagement letter from Matt Nepote stating he
50 would do the appraisals of the lots on 10th street and South 9th Street looking at them for sites for
51 downtown parking in Richmond for $750. Bever said that is well within reason and is so because
52 Nepote had done an appraisal of the 10th Street lot:a few years ago,for another City project and would
53 merely have to update it. He asked the Board's approval to enter into an engagement letter with Nepote
54 to provide those two appraisals. Metzger so moved, second by Henry and the motion was carried on a
55 unanimous voice vote.
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57 C. Bever also asked the Board's approval to settle a lawsuit filed last year by Annette L.Tuttle against
58 the Richmond Police Department alleging violation of her Constitutional rights in relationship to an
59 arrest that occurred in 1993. He said this year he is taking a strong stance with the insurance company
60 to defend suits such as these and so far has prevailed upon the insurance company to take them over.
61 He added that this is one the insurance company disclaimed any responsibility for defending and
62 consequently the Law Department here locally has been handling the defense of this action. He said
63 over the last 30 days, through some preliminary hearings held at court,the•possibility of a settlement
64 came up. He said the City and the Police Department deny any liability, however through the hearings it
65 got down to the point where the case could:be settled for$1,750 which, he said, in federal court, is a
nominal amount.
Board of Works Minutes Cont'd
August 15, 1996 •
Page 3
1 Bever said it is less than any cost of defending this action would be if it is required to go back to court
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and although everyone agrees that out of principle they hate paying anything for a case that has almost
no merit, everyone agreed it should be settled upon approval of this Board. He said he had spoken with
4 Police Chief Bill Shake, Mayor Dennis Andrews and the officers and they all understand the financial
5 situation. He said any mutual release which has been prepared by the other side disclaims there is any
6 admission of liablity and this is done to settle a disputed claim and avoid any continued litigation. He
7 recommended the Board approve the settlement and pay the amount requested.
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9 In answer to a question posed by Metzger, Bever said there is no budget item to cover this but added
10 that he supposed it could be taken out of the funds set aside for litigation, noting there is sufficient
11 money in that fund. He said that would be the place to fund it initially, but if those funds should be
12 depleted before year's end then he would have to go to the Police Department for a transfer of funds.
13 Metzger moved for approval of the settlement, second by Henry and the motion was carried on a
14 unanimous voice vote.
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16 ADJOURNMENT
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18 There being no further business, on a motion duly made seconded and passed and carried on a unanimous
19 voice vote,the meeting was adjourned.
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25 Robert Goodwin, President
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31 ATTEST:
32 Norma Schroeder, Clerk
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