HomeMy Public PortalAbout08-18-1994 �oL
BOARD OF PUBLIC WORKS AND SAFETY OF THE
CITY OF RICHMOND, INDIANA, AUGUST 18, 1994
1 The Board of Public Works and Safety of the City of Richmond, Indiana, met at 9 a.m. Thursday, August 18,
2 1994, in the Municipal Building in said City. Chairperson Earnest Jarvis presided with Dennis Grimes and Janet
3 Hibner in attendance.The following business was had to-wit:
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5 APPROVAL OF MINUTES OF AUGUST 18, 1994
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7 The minutes of August 18, 1994, were approved on a motion by Chairperson Jarvis, second by Grimes and was
8 carried on a unanimous voice vote.
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10 CLAIMS FOR PAYMENT
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12 Claims submitted by the City Controller's office totaled $482,688.27, most of which was for supplies, contractual
13 services, payroll and payroll taxes. Also submitted was a claim for $61,177.44 representing two payments to
14 Star Bank for health insurance claims. Grimes moved to approve the claims for payment, second by Hibner and
15 the motion was carried on a unanimous voice vote.
16
17 REQUESTS
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19 A. Requests made by Cleo McGunegill on Richmond Avenue and First Presbyterian Church at 100
20 North 10th Street for renewal of handicapped parking spaces were read by Hibner who reported that
21 both had been reviewed by the Traffic Safety Division which recommended approval. Hibner so moved,
22 second by Grimes and the motion was carried on a unanimous voice vote.
23
24 B. The request made by Rose City Cab Company for yellow curbs and taxi only signs was read by
25 Grimes who stated it had been reviewed by the Traffic Safety Division and Chairperson Jarvis and
26 Hibner had made an on-site visit. Hibner commented that she had stood in the driveway and had no
27 problem with having clear visibility. She noted that she could not see the necessity of granting the
28 request. At the invitation of Chairperson Jarvis, Captain Mike Chambers stepped forward to report his
29 findings. He recommended that perhaps an extension of a few feet of the yellow curb west of the
30 driveway was all that would be needed. Grimes so moved, adding that the request for taxi only signs be
31 denied,second by Hibner and the motion was carried on a unanimous voice vote.
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33 C. The request for dedicated parking for Lingle Real Estate was tabled since the Traffic Safety Division
34 had not had time to review it.
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36 D. Two Richmond High School students, Michael Bottorff and Jamie Miller, co-chairs of the upcoming
37 homecoming parade, requested approval of said parade starting at 5:30 p.m.Thursday, September 22,
38 and also asked for a police escort. Grimes noted that upon reviewing the request, the Traffic Safety
39 Division had recommended the starting time be changed to 6:30 p.m. in order to avoid the rush hour
40 traffic. Grimes moved to approve the request with the time change, second by Hibner and the motion
41 was carried on a unanimous voice vote.
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43 E. Hibner read a request made by Bob Herbst to close off a short section of Greenbrier Drive for a
44 block party between the hours of 4 to 8 p.m. Saturday, August 27. She stated that the Traffic Safety
45 Division had reviewed the request and there had been no objections, adding that residents will need to
46 contact the Street Division to arrange for any barricades they need. Hibner moved to approve the
47 request, second by Grimes and the motion was carried on a unanimous voice vote.
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49 CONTRACTS
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51 A. Chairperson Jarvis stated that Resolution No. 4- 1994, which is part of the TCI franchise agreement
52 to set some of the rates that TCI provides, would be explained by Hibner who noted that Paul Miller,
53 chairperson of the Telecommunications Council, had brought a draft of the resolution to her office last
54 week. She said she consulted with City Attorney Thomas Milligan who reviewed it and drafted the
55 information presented by Miller but due to the fact she did not get that information back until
56 Wednesday and TCI had not been notified nor members of the Telecommunications Council, she
57 recommended that resolution be tabled until the next meeting. She suggested that Chairperson Jarvis
58 officially notify all the Telecommunications Council members that this will be discussed next week.
59 Milligan said he had been in contact with TCI's attorney and assured him that he will be given ample
60 opportunity to be heard. Chairperson Jarvis stated that the hearing will be postponed until next week,
61 adding that he would still like for TCI and the Telecommunications Council to meet prior to that time
62 and come to an agreement before next week's meeting.
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Board of Works Minutes Cont'd
August 18, 1994
Page 2
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2
3 OTHER MATTERS
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5 A. Two residents of River Court, Dick Richardson and Raymond Faucett, appeared before the Board in
6 regard to the decision made by the Board last week to approve the request by the U.S. Postal Service
7 for the placement of a cluster box on that street.
8
9 Richardson asked that the Board reverse its decision, presenting a petition signed by 100 percent of the
10 residents. He said he had sent copies of the petition to the legislators as well as the Postmaster
11 General of the United States. Chairperson Jarvis noted that from a conversation he had earlier with
12 Richardson, that the petition had nothing to do with cluster boxes. Richardson said that was the case,
13 explaining that the request was to return the route to a walking route instead of a motor delivery route.
14 He stated that the U.S. Postal Service had created the problem by having the residents move their mail
15 boxes from their houses to the fence line where the cars parked. He said that problem was solved by
16 the carrier getting out of the vehicle and delivering the mail to the box, but now the new carrier does not
17 want to follow that procedure and legally, according to the federal regulation, they do not have to.
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19 Explaining the Board's position on the matter, Chairperson Jarvis said they had been approached by
20 the Federal Government requesting permission to install the cluster boxes on the City's right-of-way and
21 after the request was reviewed by the City Engineer who had determined there was sufficient room and
22 it was a safe act, the Board had no reason to deny the request. He further stated that this situation is
23 now between River Court and the U.S. Postal Service. Richardson said he had spoken to Postmaster
24 Jay Kitchel on July 18 and was told that in the future all of Richmond will have either a curb delivery box
25 or a cluster box. He added that with the Board giving permission to do this on River Court, it is giving
26 permission to do the same throughout the entire City. Chairperson Jarvis thanked Richardson for his
27 interest and his comments. Faucett stated briefly his displeasure over the situation.
28
29 B. Hibner read a note written by City Engineer Bob Wiwi to Captain Chambers of the Traffic Safety
30 Division stating that Industrial Parkway will be closed near the Transilwrap factory starting August 22 for
31 two weeks while a new railroad crossing is being installed by Queen City Inc. She stated that this was
32 merely to inform the public of the closing of the street so residents could take an alternate route and
33 stressed that they should remember that this is for progress of the City.
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35 C. Jerry Purcell, the Richmond area coordinator for the Muscular Dystrophy Association's annual Fill
36 The Boot fundraising campaign, stated that it was that time of year again, adding that this is the 24th
37 year for the project locally. He said the request is to use the fire apparatus while remaining in service
38 and the locations, times and dates had been given to the Board for its approval. Grimes stated that the
39 hours will be from 5 to 9 p.m. Friday, August 26 and Saturday, August 27, and from noon to 4 p.m.
40 Sunday, August 28. Locations will be in the parking lots at Walmart, Kroger Say-On, Gateway Pizza Hut
41 and Kmart East and West. In answer to a question by Chairperson Jarvis, Purcell noted that he was still
42 in the process of contacting the remaining locations. Purcell said $6,500 was collected last year, adding
43 that Firefighters throughout the country fund a little over 20 percent of the total budget of$45 million. He
44 said that total was$9 million last year. Grimes moved to approve the request, second by Hibner and the
45 motion was carried on a unanimous voice vote.
46
47 D. City Attorney Thomas Milligan appeared before the Board to ask for a lease extension for Mandarin
48 Gardens restaurant at 600 South A Street. Explaining the background, Milligan said as part of the
49 agreement reached with Elder Beerman at the time of construction of the store nearly 20 years ago,the
50 City committed to providing a certain number of surface parking spots for shoppers and as a result of
51 that they worked out an arrangement with West End Federal Savings Bank to use property they owned
52 on South 7th Street to fulfill that requirement.
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54 He said West End then created a motor bank and an automatic teller on that location and the City has
55 not been in compliance with the technical requirements of the Elder Beerman agreement since that
56 time. The City, he continued, then acquired the building that is now known as Mandarin Gardens and
57 the parking lot used by the restaurant with the idea they would fulfill the requirements under the Elder
58 Beerman agreement by using that for surface parking. Mandarin Gardens, he said, is established in that
59 building and the City entered into a lease in 1989 for five years of the use of that building by Mandarin
60 Gardens. Milligan noted that the lease expires December 31, 1994.
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62 The owner of the Mandarin Gardens, Milligan said, has requested through his attorney, Robert
63 Delaney, an extension of that lease for another five years plus an option to extend another five years
64 beyond that, which would tie the property up until the years 2004. He stated that he is not in a position
65 to recommend that because of the commitment under the Elder Beerman requirement and he has
arranged through Delaney for the extension of the lease only through September 3, 1995.
Board of Works Minutes Cont'd
August 18, 1994
Page 3
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3 Milligan said the Mandarin Gardens has a permit with the Indiana Alcoholic Beverage Commission
4 which is up for renewal to that date and in order to obtain that renewal it has to have a lease until at
5 least that period. With that, Milligan submitted copies of a proposed lease agreement explaining that it
6 gives the Mandarin Gardens eight months and three days into 1995. He said it also states that the City
7 has no intention of renewing that lease beyond that date and that Mandarin Gardens acknowledges the
8 necessity to relocate prior to that date. Milligan added that the current lease has also been amended,
9 giving the Mandarin Gardens the opportunity to terminate the lease on 30 days written notice at any
10 time to the City if it is able to arrange another business location which would enable them to move out
11 and not have to fulfill their lease.
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13 The City plans to tear down the building, Milligan said, and incorporate the area into the existing parking
14 lot on South 6th Street. Chairperson Jarvis moved to approve the lease extension agreement, second
15 by Grimes and the motion was carried on a unanimous voice vote.
16
17 E. Appearing before the Board on behalf of the Marine Corpos League Auxiliary, Margaret Haas
18 explained that the annual Toys For Tots project was started in 1945 with the U.S. Marine Reserves and
19 since then has filtered down to the local detachments. She said that the national project had a serious
20 problem last year with its director but he has been replaced. She added that this local detachment
21 keeps everything in this community, distributing donated toys to local residents.
22
23 Haas said that last year they had the equivalent of about $8,500 in toys and donations and by 3 o'clock
24 in the afternoon they were completely down to nearly bottom. She said the reason for her appearance
25 today is to ask City government, businesses and individuals to dig deep into their pockets and give
26 what they can, adding that they need mountains of toys to satisfy the needs. She said one store, last
27 year, gave $1,400 worth of toys and they had contributions from service organizations. She stated that
28 the project is strictly open only to those parents and grandparents who cannot afford to buy toys for
29 their children and grandchildren and they must come by and pick up the toys themselves. The
30 designated day this year, she said, is December 17.
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32 As a member of the Veterans Council, Haas said, she would also like to publicly thank this
33 administration for its help in keeping the Freedom Fountain in good condition.
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35 In answer to a question by Chairperson Jarvis, Haas said used toys are accepted if they are in good
36 enough condition that the contributors would give them to their children or grandchildren since the local
37 detachment has no arrangements for repairing toys. The age limit, she said, is from two to 12 and
38 checks may be made out to Toys For Tots and mailed to the Marine Corps League, 200 South 9th
39 Street.
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41 F. City Engineer Bob Wiwi gave an update on the South 37th Street extension, explaining that the final
42 plans had been submitted and that the work is being done in cooperation with the Indiana Department
43 of Transportation. He said the right of way has been acquired from all tracts with one exception and that
44 is one parcel which is Walmart, but that is very close to happening. He noted that the road extends from
45 U.S. 40 to Hodgin Road which is approximately one mile. The road, he said, for the most part will
46 consist of two lanes. He stated that he had brought the final set of plans prepared by the consultant for
47 the Board's review and approval.
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49 Wiwi said that once the plans are approved by the Board they will be submitted to the state for a final
50 signoff, then it will be certifed that the City has the right of way acquired and the state will review the
51 documents and set a bid date. He noted that the project will be bid by INDOT and the City will
52 participate with a local match of approximately 20 percent of the cost of the project. He said he
53 anticipated it will take between two and three months for all things to be completed and he hopes it will
54 be under contract before 1995. He added that this fits in with the overall Master Plan. Chairperson
55 Jarvis moved to approve the plans as submitted by Wiwi, second by Hibner and the motion was carried
56 on a unanimous voice vote.
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58 ADJOURNMENT
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60 There being no further business, on a motion duly made seconded and passed and carried on a unanimous
61 voice vote, the meeting was adjourned.
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Earnest Jarvis, Chairperson
ATTEST:
Norma Carnes, City Clerk