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HomeMy Public PortalAbout01-10-1991 BOARD OF PUBLIC WORKS AND SAFETY OF THIS CITY OF RICHMOND. INDIANA.JANUARY 10. 1991 1 The Board of Public Works and Safety of the City of Richmond, Indiana, met in regular session January 10, 2 1991, at the hour of 9:00 A.M. in the Municipal Building in said City. Ms. Hauptstueck presided with Ms. 3 McFarland and Mr. Smith in attendance. Absent: None. Media in attendance: Palladium Item. The following 4 business was had to-wit: 5 6 SALE OF PROPERTY-HENLEY ROAD 7 8 Ms. Hauptsueck opened a hearing on the sale of property commonly known as 1020 Henley Road. The Proof of 9 Publication was presented and found to be in order. Mr.Smith moved to accept and file the Proof of Publication, 10 seconded by Ms. McFarland and on unanimous voice vote the motion was carried. 11 12 Mr. Robert Wiwi explained to the Board the property was a small lot no longer needed for right of way for the 13 extension of South L Street. He said he had been in contact with one person, but has not received any written 14 offers for the property. 15 16 Mr. Bruce Metzger told the Board that State law allows negotiations with abutting property owners and 17 recommended referral to Mr.Wiwi for the negotiation of price for the sale of the property to the abutting property 18 owner. 19 20 There was no one speaking in opposition to the sale of the property. 21 22 Mr. McFarland moved to declare the property located at 1020 Henley Road as useless and of no value to the 23 City and available for sale, with negotiations for possible sale to the abutting property owner to be handled by 24 the City Engineer and the City Attorney, seconded by Mr. Smith and on unanimous voice vote the motion was 25 carried. 26 27 APPROVAL OF MINUTES OF JANUARY 3.1990 28 29 Mr. Smith moved to approve the minutes of the previous meeting as prepared, seconded by Ms. McFarland and 30 on unanimous voice vote the motion was carried. 31 32 APPROVAL OF CLAIMS FOR PAYMENT 33 34 None were presented for payment. 35 36 PUBLIC REQUESTS AND COMMENT 37 38 Reserved Residential Handicapped Parking Requests 39 40 409 South 7th Street 41 308 North 19th Street 42 43 It was recommended these be tabled for one week for action by the Traffic Division. 44 45 Mr. Smith moved to table the requests for reserved residential handicapped parking for one week, seconded by 46 Ms. McFarland and on unanimous voice vote the motion was carried. 47 48 DEPARTMENT REQUESTS AND COMMENTS 49 50 PUBLIC WORKS. 51 52 December Monthly Report 53 54 The December Monthly Report showed work completed by the Street and Engineering Divisions. There being 55 no questions or comments, Ms. McFarland moved to accept and file the December Monthly Report for Public 56 Works, seconded by Mr. Smith and on unanimous voice vote the motion was carried. 57 58 Closing of Portion of Public Right of Way between Indiana Avenue and NW L Street 59 60 Mr. Wiwi informed the Board that all affected persons had been notified by mail of the proposed closing of this 61 portion of right of way 62 63 Mr. Wiwi further explained that the City had received complaints from adjoining property owners regarding 64 dumping on this right of way between Indiana Avenue and N.W. L Street. He said it was unimproved and there 65 were no funds available to improve the right of way as a city street. Board of Works Minutes Cont'd January 10, 1991 Page 2 1 Mr.Wiwi told the Board that the section proposed for closing has no one living adjacent to it. He said the right of 2 way had become a dump,with abandoned vehicles left there and set afire. He said it was almost impossible to 3 barricade and prevent dumping and he and Mr. Smith felt it best to close a portion would be the best solution to 4 the problem. 5 6 Mr. Smith noted this would be a temporary closing for future decision on the use or improvement of the right of 7 way. 8 9 Mr. Wiwi stated that the right of way was passable, but not maintained and they intended to permanently close 10 the Indiana Avenue entrance and leave access to the NW L Street entrance. 11 12 Mr. Harold Williamson, 1203 NW L Street, informed the Board that he had an easement across the right of way. 13 He shared with the Board that on May 2, 1985, Mr. Ken Barden,former City Attorney, declared that he did have 14 an easement and it could not be blocked. He said the right of way had been opened since May of 9185 when 15 the Board of Works authorized it be open. 16 17 Mr. Williamson said this was a paved road at one time and when the City purchased the right of way they 18 allowed it to deteriorate and also allowed dumping by a contractor doing work for the City and others felt they 19 could dump there also. Mr. Williamson informed the Board it would take a 60 to 70 ft. barricade to close off the 20 entrance and previous barricades were not effective and had to be taken down. He said he did not feel a 21 barricade would prevent dumping. 22 23 Mr. Williamson also shared with the Board that with the weight restrictions on the Indiana Avenue Bridge, the 24 school buses were using this for a turn around or they would be forced to be involved in a hazardous situation by 25 backing onto Indiana Avenue. 26 27 Mr. Williamson said the right of way also provides access for fire protection to that area and if this were blocked 28 and the L Street crossing were blocked, it would prevent quick access for fire protection. 29 30 Mr. Williamson asked the Board not to close the right of way in view of his easement, use by the school buses 31 and for fire protection. 32 33 Mr.Wiwi told the Board he had spoken with Mr. Mel Bruns of Richmond Community regarding the use by school 34 buses and Mr. Bruns verified the buses do use the right of way, but it would be no problem to change the route if 35 it is closed. 36 37 Mr. Wiwi added he did have sufficient guardrail to barricade the right of way and the main purpose is to control 38 illegal dumping. 39 40 Mr. Metzger also explained there was a liability problem with the condition of the road. He informed the Board 41 the City had no proof of easement for Mr. Williamson, except an attachment to a deed in the form of a legal 42 description. 43 44 Mr.Williamson stated this was obviously a difference of legal opinions. 45 46 Mr. Metzger stated that a legal description standing alone does not constitute a legal easement, but rather he 47 needs a written statement granting the easement by the City and the legal description does not state that. 48 49 Mr. Williamson told the Board that RP&L also would have problems servicing lines in that area if the right of way 50 were permanently closed. He added that he had an estimate of 1,400.00 to improve the north access and it 51 would probably be 5,000.00 to do the south area off of Indiana Avenue. 52 53 Mr.Wiwi said this would not solve the dumping in the area. 54 55 Ms. Hauptstueck said she had spoken with Mr.Willis of the Sanitary District about the dumping and he looked at 56 the area. She said the trailer court was also a problem for the area. 57 58 Mr. Sarah Braxton, Planning Department, said there appeared to be a zoning violation if the area was being 59 used as a dump and Planning could eliminate the use of the area as a junk yard. 60 61 Ms. Hauptstueck suggested the item be tabled to allow time to see if Mr. Williamson can get documentation 62 regarding his easement and let and Board and the Police Department look at the area. 63 64 Mr. Smith agreed it should be tabled and move to table the item for two weeks for further input, seconded by Ms. 65 McFarland and on unanimous voice vote the motion was carried. / Board of Works cont'd January 10, 1991 Page 3 1 Mr. Williamson told the Board that the City owns the property and do not keep it up very good. He said it is 2 3 seldom mowed or cleaned, items for which other persons would be fined. He said he felt it the property were kept in good condition,that would also keep some of the dumping from happening. 4 5 PLANNING. PERMITS AND INSPECTION 6 7 Curb Cut Request-NW L and NW 5th Streets 8 9 Ms. Braxton requested the item be tabled and referred back to Planning for presentation in the proper legal form. 10 11 Ms. McFarland moved to table the curb cut request and refer it to Planning, seconded by Mr. Smith and on 12 unanimous voice vote the motion was carried. 13 14 Weights and Measures Monthly Reports 15 16 The November and December Monthly Reports were presented and showed of 633 inspections made. 17 18 There being no further questions, Mr. Smith moved to accept and file the Weights and Measures Monthly 19 Reports, seconded by Ms.McFarland and on unanimous voice vote the motion was carried. 20 21 DEPARTMENT OF LAW 22 23 Renewal of Lease with Purina Mills for Use as a Parking Lot 24 25 A request from Purina Mills for automatic renewal of their lease for use of property located under the 20th 26 Century Bridge for parking was presented. 27 28 Ms. Merchanthouse explained to the Board the lease allowed an automatic renewal if requested and the 29 property had been used by Purina Mills as parking for their employees for many years. 30 31 Ms. McFarland moved to approve the request for renewal of the lease between the City and Purina Mills for the 32 property located at the junction of 3rd and 4th Streets under the 20th Century Bridge for employee parking, 33 seconded by Mr.Smith and on unanimous voice vote the motion was carried. 34 35 Mr.Wiwi shared with the Board that the approaches to the 20th Century Bridge will be improved in the future. 36 37 MISCELLANEOUS BUSINESS 38 39 Report on HELP The Animals, Inc.Shelter 40 41 Ms. Hauptstueck reported that the Board and Mr. Metzger had visited the animal shelter operated by HELP the 42 Animals, Inc. and it was up and running. 43 44 Mr. Smith added it was a very nice operation. 45 46 ADJOURNMENT 47 48 There being no further business,on a motion duly made,seconded and passed the meeting was adjourned. 49 50 51 52 53 54 Carrie N. Hauptstueck, President 55 56 57 58 59 ATTEST: 60 Mary Merchanthouse,City Clerk 61 62 63 64 65